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3 <br /> ORD-2026-010 Attachment 1 <br /> AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON DEVELOPMENT APPROVALS FOR LARGE <br /> SCALE DATA CENTERS AND RELATED HIGH-IMPACT FACILITIES IN ORANGE COUNTY. <br /> WHEREAS,the Orange County Board of Commissioners (the "Board") is responsible for promoting the <br /> health, safety, and general welfare of the County's residents; and <br /> WHEREAS, North Carolina General Statute § 160D-107 authorizes local governments to adopt temporary <br /> moratoria on development approvals under certain conditions; and <br /> WHEREAS,the Board has observed a recent increase in inquiries and potential applications for high- <br /> impact facilities, specifically large scale data centers and similar operations,within the unincorporated <br /> areas of the County; and <br /> WHEREAS,these types of facilities present unique challenges and potential impacts not adequately <br /> addressed by the County's current Unified Development Ordinance (UDO) or zoning regulations, <br /> including but not limited to: <br /> • Extremely high electricity consumption and strain on existing utility infrastructure; <br /> • Significant noise generation from cooling systems and backup generators, affecting adjacent <br /> residential areas and general quality of life; <br /> • Substantial water usage for cooling purposes; <br /> • Potential environmental impacts, including hazardous materials and electronic waste disposal; and <br /> • Land use compatibility concerns, including in rural or agriculturally zoned districts; and <br /> WHEREAS,the County's existing regulations were not developed with these specific types of high-impact <br /> uses in mind, and the County needs time to develop appropriate, comprehensive standards to ensure <br /> that any future development of such facilities is consistent with the County's long-term land use plan <br /> and protects the public interest; and <br /> WHEREAS,the Board has considered alternative courses of action, such as relying on existing general <br /> use permits or on-the-spot zoning amendments, but determined these were inadequate because they <br /> lack the specific performance standards (e.g., noise limits, utility capacity requirements, setbacks) <br /> needed to mitigate the unique impacts of data centers effectively; and <br /> WHEREAS, a temporary moratorium on accepting and processing new applications for such facilities is a <br /> reasonable and necessary measure to allow County staff and the Planning Board sufficient time to study <br /> the issues, engage with stakeholders, and draft appropriate amendments to the UDO; <br /> NOW,THEREFORE, BE IT ORDAINED by the Orange County Board of Commissioners: <br /> Section 1. Moratorium Imposed <br /> A temporary moratorium is hereby imposed for a period of one (1)year from the effective date of this <br /> Ordinance. During this period,the County shall not accept, process, or approve any applications for the <br /> following development approvals: <br /> • Special Use Permits; <br /> • Conditional Zoning Permits; <br /> • Zoning Map Amendments (rezoning requests); <br /> • Building Permits (except for interior renovations that do not expand capacity or impact <br />