Warren County Attorney Jason Ham addresses data center zoning text amendment for supervisors
Warren County Attorney Jason Ham provided an update on a data center zoning text amendment, noting strong public interest with over 100 speakers at a recent Planning Commission meeting. The amendment, if approved, would allow data centers via Conditional Use Permit where they are currently prohibited. Supervisors are preparing for an upcoming meeting to consider the matter, with a focus on procedural fairness and avoiding potential legal challenges.
Warren County Attorney Jason Ham reported on a recent Planning Commission meeting regarding a proposed data center zoning text amendment, where 108 citizens voiced their opinions. Ham explained that the current agenda item for the Board of Supervisors is solely a scheduling matter for advertising the amendment, not an approval or disapproval. He clarified that the text amendment was not drafted by Warren County but by an attorney representing a property owner, as permitted by County Ordinance 180-61 A1.
Currently, data centers are not permitted in any Warren County zoning district. The proposed amendment would allow them through a Conditional Use Permit process. Ham emphasized the Board's duty to consider the amendment, listen to public and property owner input, and make a decision in the community's best interest. He also noted that if the Board's denial were deemed arbitrary or capricious, the property owner could sue the County, though ample public record exists to support a denial if the Board chose that path.
Vice-Chairman Tony Carter raised concerns about technical difficulties if the upcoming Board meeting, expected to draw large crowds, were held in a high school auditorium. Ham acknowledged the Board room's technical advantages but recommended the high school for its capacity, despite potential video quality issues and increased risk of technical failure, due to anticipated attendance.