WORK SESSION: DATA CENTERS Office of the City Attorney August 11, 2026
WWW.CITYOFSOUTHFULTONGA.GOV
WORK SESSION
• Current Moratorium • Trainings/Considerations • What’s New? • Navigating the Law
CURRENT MORATORIUM RES2025-094 & RES2026-043 - In December 2025 a 6 month moratorium on new applications was put in place to properly assess this burgeoning area of zoning - In 2026 this moratorium was extended for 3 months - The moratorium is set to expire on September 9, 2026 - Purpose? -
Information Gathering
- Stable and Predictable Land Use Development - Balanced Growth - Public Safety and Welfare
INTENTIONAL CONSIDERATION In the Meantime? The sponsors of the proposed legislation have been intentional in reviewing peer reviewed pieces, and receiving hands on and targeted training, including but not limited to: - Navigating the Regulatory Landscape of Data center Development hosted by the Council for Quality Growth - Data Centers: Powering Georgia’s Digital Future While Balancing Community Needs hosted by the National Forum of Black Public Administrators
INTENTIONAL CONSIDERATION In the Meantime? - Made for this Moment Power, Policy and Progress hosted by the 54h Congressional Black Caucus Annual Legislative Conference - Attendance at the Science Georgia Conference concerning Environmental Justice and Climate Protection - Presentations by the Director of Data and Mapping - Presentations by Georgia WAND’s Public Policy Director and the Georgia Public Service Commissioner
INTENTIONAL CONSIDERATION In the Meantime? - A plethora of conference workshops hosted by the National League of Cities and Georgia Municipal Association
WHAT ’S NEW? PROPOSED LEGISLATION ADDITIONAL CHANGES - From half mile buffer to a quarter mile minimum setback from residential and/or mixed use - Removed Population Correlation requirement - Reduced mandatory lot size from 20 acres to 10 acres
WHAT ’S NEW? PROPOSED LEGISLATION DISTANCE FROM HOMES Old Ordinance Data Center must have 100 foot buffer from a residence New Ordinance 1320 foot Requirement – Data center must be located at least 1320 feet from nearest residence or mixed-use property.
DEFINITIONS
New Ordinance Definition Section – The definition specifies that the provisions of the ordinance apply to converting an existing building into a data center
WHAT ’S NEW? PROPOSED LEGISLATION ENERGY AND INFRASTRUCTURE
Old Ordinance The prior ordinance did not address the concerns regarding the costs of infrastructure upgrades or the use and costs of energy resources such as water, electricity, and natural gas. New Ordinance Special Use Permit assessment looks at: 1. Electrical capacity; 2. Adverse impact on surrounding properties; 3. Environmental compliance; 4. Economic benefit versus infrastructure demand
WHAT ’S NEW? PROPOSED LEGISLATION Energy Certifications Requires certifications from utility providers regarding sufficient capacity Requires annual certification of capacity Requires detailed infrastructure upgrade plan Detailed assessment of existing infrastructure and capacity Projected demand analysis Detailed description of expected improvements Timeline Cost estimate Certification from the utility that no costs of upgrades will be passed to existing rate payers. Compliance and Enforcement Provisions
WHAT ’S NEW? PROPOSED LEGISLATION WATER New Ordinance - Requires Closed Loop System or Best Available Water Use Technology
NOISE LEVELS
Old Ordinance: 65dBA during the day and 55dBA at night New Ordinance: 60 dBA during the day and 50dBA at night
WHAT ’S NEW? PROPOSED LEGISLATION ENVIRONMENTAL STANDARDS The old ordinance did not address environmental standards New Ordinance Special Use Permit Review will include environmental compliance review References compliance with existing federal EPA and Georgia Environmental Protection Division requirements Diesel generators shall meet the EPA Tier VI emission standards
WHAT ’S NEW? PROPOSED LEGISLATION BUFFERS
Old Ordinance 100 Foot Buffer from Street if located near residence 25 Foot undisturbed buffer if located near residence No buffering requirement if not located near residence New Ordinance: 1/4 mile from nearest residence or mixed-use 100 foot buffer if adjacent to residential zoning 50 foot buffer if not adjacent to residential zoning 30 foot buffer from any street. Specific tree and shrub requirements for number and types of trees and shrubs 8 Foot Fence required around areas facing residential property and around mechanical equipment. Fence must be masonry, decorative concrete or composite
WHAT ’S NEW? PROPOSED LEGISLATION LIGHTING
Old Ordinance Required Fully Shielded Lights directed downward New Ordinance Requires compliance with Dark-Sky standards to minimize light pollution
STORMWATER MANAGEMENT
The old ordinance did not address stormwater New Ordinance References compliance with the City’s existing stormwater regulations
WHAT ’S NEW? PROPOSED LEGISLATION - Preserving the character of an existing neighborhood is a legitimate purpose of zoning and planning. -
A specification of performance standards in a zoning ordinance is valid if the standards are tied to enforcement rather than prevention.
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