Loudoun Zoning Administrator Says 2000 Data Center Decision No Longer in Effect
Loudoun County's zoning administrator issued an advisory opinion stating that a 2000 decision classifying data centers as office uses is no longer in effect. This clarification means data centers are now regulated under a separate, more defined classification within the county's revised Zoning Ordinance. The change has implications for existing and future data center applications, especially concerning by-right development in certain districts.
Loudoun County's Zoning Administrator, Teresa H. Miller, has released an advisory opinion declaring that a 2000 determination, which allowed data centers to be evaluated as office uses, is no longer valid. This decision follows a request from Buddy Rizer, the Executive Director of Economic Development, who sought clarity on the 26-year-old ruling that has guided data center development in the county.
Miller's opinion, dated July 30, asserts that the 2000 determination is obsolete because the county has since substantially revised its Zoning Ordinance to define data centers as a distinct use classification. She highlighted that modern data centers have "industrial-scale impacts" and require a separate regulatory scheme. The 2023 zoning ordinance rewrite and subsequent changes approved by the Board of Supervisors further limit data center uses.
Under the current ordinance, data centers are not permitted by-right in any district. Instead, they require a special exception review in specific zones such as Office Park, Industrial Park, and General Industry districts. Questions remain, however, regarding properties within the Rt. 28 Corridor District, where previous interpretations might have allowed by-right data center development. An application by Amazon Data Services, on a property acquired from George Washington University, is one example affected by these ambiguities.
Rizer welcomed the clarification, stating it provides important guidance for future development while acknowledging that site-specific applications and vested rights determinations for individual properties will still need to be evaluated on a case-by-case basis.