8.
Public Hearing on Temporary Moratorium on New
Telecommunications and Data Storage Facilities
Action:
Conduct a public hearing to consider adoption of a Temporary Moratorium on acceptance,
processing, and approval of applications for new telecommunications and data storage facilities
within the City of Charlotte, North Carolina, and its Extraterritorial Jurisdiction pursuant to NC
General Statute 160D-107.
Staff Resource(s):
Alyson Craig, City Manager’s Office
Andrea Leslie-Fite, City Attorney
Explanation
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The Charlotte Unified Development Ordinance (UDO) defines a data center as a “telecommunications
and data storage facility, accessed only by employees, that houses computer systems and
associated components, related to the transmittal and receiving of information, including but not
limited to, telecommunications systems, telecommunication and telephone switching systems, cloud
storage systems, and server farms.”
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Per the UDO, telecommunications and data storage facilities (data centers) are permitted uses by
right in the following districts:
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General Commercial (CG),
Regional Commercial (CR),
Office Flex Campus (OFC),
Research Campus (RC),
Manufacturing & Logistics (ML-1 & ML-2),
Innovation Mixed Use (IMU), and
Uptown Core (UC).
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Currently all data centers, regardless of size, type, or capacity, are treated the same under the
UDO.
Data centers are subject to applicable zoning and general development standards (setbacks, height,
transparency, landscape yards, screening, exterior lighting, etc.) but have no additional prescribed
conditions.
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On December 11, 2024, Session Law 2024-57 (SB 382) amended NC General Statute 160D-601 to
limit the ability of local governments to down-zone property without the written consents of all
affected property owners.
Although state law limits some zoning changes to data centers, the city has assembled an
interdisciplinary team of city staff with expertise across city departments to study and explore the
impacts of data centers and create a unified strategy to address concerns.
At the April 27, 2026, Business Meeting, City Council directed staff to provide an overview and
informational presentation of data centers in Charlotte.
On May 11, staff provided City Council with information about the types of data centers, data
center inventory in Charlotte, the impacts on water and energy consumption, and the legal
constraints with modifying certain land use requirements in the UDO due to Session Law 2024-57
(SB 382).
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Staff recommended that the City Council:
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Conduct a public hearing and adopt a 150-day moratorium on applications for new data
centers; and
Refer the issue of data centers to the Transportation, Planning, and Development Committee
on June 1.
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Pursuant to NC General Statute 160D-107, local governments may adopt temporary moratoria on
any development approval required by law, except for the purpose of developing and adopting new
or amended plan or development regulations governing residential uses.
The purpose of the temporary moratorium would be to allow the city to analyze and study the
unique development, infrastructure, and environmental impacts of data centers and prepare and
consider appropriate regulatory and policy changes to address those impacts. These considerations
include, but are not limited to, impacts on water consumption, energy demand, noise, and land use
compatibility.