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Agenda 04-21-2026; 5-a - One-Year Moratorium Ordinance on “Data Centers” as a Land Use
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Agenda 04-21-2026; 5-a - One-Year Moratorium Ordinance on “Data Centers” as a Land Use
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4/16/2026 11:24:14 AM
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4/21/2026
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Business
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Agenda
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5-a
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Agenda for April 21, 2026 BOCC Meeting
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4 <br /> exterior appearance/noise); <br /> • Any other development approval required by law; <br /> for the establishment, construction, erection, alteration, or expansion of any data center, <br /> cryptocurrency mining facility, other high-impact data processing facility or other uses including but not <br /> limited to Artificial Intelligence Data Centers, Cryptocurrency Mining Facilities, Data Centers, Data <br /> Processing Facilities, and similar uses. <br /> Section 2.Scope and Exemptions <br /> This moratorium shall apply to all unincorporated areas of Orange County. Exemptions include: <br /> • Any development that has received a valid development approval in accordance with G.S. 160D-107(c) <br /> prior to the effective date of this ordinance. <br /> • Single and two-family residential dwellings. <br /> Section 3. Plan of Action and Schedule <br /> During the effective period of this moratorium,the Orange County Board of Commissioners and County <br /> Staff shall take the following actions: <br /> • Step 1: Study the potential impacts (energy,water, noise, land use) of data centers and similar <br /> facilities. <br /> • Step 2: Draft specific land use ordinance amendments and performance standards to regulate these <br /> facilities, including appropriate zoning districts, setback requirements, noise limitations, and utility <br /> capacity conditions. <br /> • Step 3: Planning Board review of the draft amendments. <br /> • Step 4:The Board of Commissioners will hold the necessary public hearings to consider and potentially <br /> adopt the final ordinance amendments. <br /> Section 4. Duration and Termination <br /> This Ordinance shall be in full force and effect from April 21, 2026 until April 21, 2027, unless earlier <br /> terminated, extended, or modified by the Board of Commissioners in accordance with North Carolina <br /> law.The stated duration is reasonably necessary to address the identified problems. <br /> Section 5. Severability <br /> If any section or part of this ordinance is declared invalid or unconstitutional by a court of competent <br /> jurisdiction, such invalidity shall not affect the validity of the remaining sections or parts. <br /> Adopted this the 21s'day of April, 2026. <br />
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