Chesapeake restricts where data centers can be built, asks for legal opinion on ban
Chesapeake City Council approved new restrictions on data center development, requiring conditional use permits and limiting projects to industrial zones while banning groundwater use. The council also requested a legal opinion on a potential ban, following an 8-month moratorium and significant resident opposition.
The Chesapeake City Council has approved new restrictions on data center developments, requiring projects to obtain conditional use permits and limiting their construction to industrial zoning districts. This ordinance also prohibits the use of groundwater for data center operations. These measures follow a previous rejection of a data center proposal in the Etheridge Lakes neighborhood and come amid strong community opposition.
In addition to the new zoning rules, council members have sought an advisory opinion from Virginia Attorney General Jay Jones regarding the city's authority to enact a complete ban on data centers. This move comes after Virginia Governor Abigail Spanberger stated that local governments could implement such bans, contrasting with a previous understanding under Virginia's Dillon's Rule. Chesapeake previously approved an 8-month moratorium on data center development, while neighboring Virginia Beach also enacted a 12-month moratorium.
Public meetings saw over 40 speakers and a protest, with residents expressing concerns about farmland loss, electricity and water consumption, noise pollution, and environmental impacts. Council member Amanda Newins supported further regulations, including greater setback distances and stronger noise restrictions. The city is continuing to develop a comprehensive policy with detailed standards and requirements for future data center projects as part of its land use plan.