The Chesapeake City Council on Tuesday voted unanimously to approve a new zoning ordinance that restricts where data centers may be built and places an eight-month pause on data center applications. The measure, which passed 9-0, makes data centers a conditional use in industrial areas and in the Fentress Overlay district, requiring developers to seek special approval before construction.
What the ordinance does
Under the approved ordinance, data centers will no longer be a purely by-right use in many locations. Instead, they will require conditional use permits in industrial designations and the Fentress Overlay district, giving elected leaders and planning officials an opportunity to review and impose conditions on proposed projects.
| Item | Detail |
|---|---|
| Council vote | 9-0 unanimous approval |
| Scope | Conditional use in industrial areas and Fentress Overlay district |
| Pause on applications | 8-month pause for further discussion |
Amendments and debate
Councilwoman Amanda Newins proposed an amendment to the ordinance to remove an exception that would have allowed data centers in the Fentress Overlay district without conditional review. Her amendment also sought to close by-right loopholes that allowed some data centers to proceed without appearing before the council and to prevent future facilities from using groundwater. The council adopted the amendment as part of the ordinance.
- Data centers will require special approval in covered industrial zones.
- The ordinance includes the Fentress Overlay district under conditional use rules after the amendment.
- An eight-month moratorium will pause new data center applications to allow further study and public discussion.
Public response and concerns
Nearly 40 people spoke during the public-comment period, and a large majority voiced opposition to data centers. Concerns raised by speakers focused on noise, environmental impacts and quality of life. Protesters gathered outside City Hall before the meeting with signs opposing data center development in a "No Data Centers in Chesapeake" rally.
"Protect Chesapeake now, because we cannot undo these decisions later," one resident told the council during comment.
Those opposed suggested the ordinance could nonetheless set a framework that makes it easier for future data center policy to accommodate such projects. Supporters of stricter controls argued the conditional-use requirement and the pause provide the city time to evaluate effects and safeguards.
Legal context and next steps
The city attorney told council members in earlier meetings that state law allows localities to slow the permitting process for certain developments. City officials noted that, prior to this ordinance, data centers could be treated as by-right uses in some office, institutional, business and industrial districts, allowing projects to proceed without a public hearing before elected leaders.
With the ordinance now in place, developers proposing data centers in the affected districts will need to apply for conditional-use approval, which subjects projects to additional review and potential conditions. The eight-month pause gives the council and city staff time to study impacts, consider regulations and hear from residents and stakeholders before new applications proceed.
The council's unanimous vote signals broad political support for the measure as drafted. How the pause and conditional-use process will affect specific proposed or planned data center projects in Chesapeake remains to be seen; applicants and the public will be watching how the city implements review standards and any restrictions on uses such as groundwater.
