On the agenda: Spartanburg meeting — data center (Jun 22)

AGENDA
SPARTANBURG COUNTY COUNCIL
SPECIAL MEETING
Monday, June 22, 2026
9:00 A.M.
COUNTY COUNCIL CHAMBERS
COUNTY ADMINISTRATIVE OFFICE BUILDING
Links and instructions for how to access this meeting via computer or mobile device
will be available on the County’s webpage and provided to the local media.

Citizens may access the meeting at the following web address:

https://www.youtube.com/channel/UC7gqyyNDZ0uoyo_g7qCsoCw?view_as=subscriber

I.

Call to Order
Honorable Manning Lynch, Chairman

II.

Pledge of Allegiance

III.

Receive information and take desired action in reference to an Ordinance
imposing a moratorium on the acceptance, processing or approval of
development applications for data centers and all other land use or
development approvals for data centers.
Council Action Requested: Render First Reading of Ordinance

IV.

Adjourn

VISION
Spartanburg County’s vision is to be a preferred destination for individuals, families and businesses to
live, learn, play, work and invest.
MISSION
Spartanburg County provides a foundation for a superior quality of life for residents, unlimited
opportunities for business, and an exceptional learning environment for education through purposeful
planning, investment, and use of resources.

ORDINANCE NO. ___

AN ORDINANCE IMPOSING A MORATORIUM ON THE ACCEPTANCE,
PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS FOR DATA
CENTERS AND ALL OTHER LAND USE OR DEVELOPMENT APPROVALS FOR
DATA CENTERS.
WHEREAS, Spartanburg County Council is empowered pursuant to Title 4, Chapter 9,
Section 4-9-25 of the South Carolina Code of Laws, 1976, as amended, to adopt regulations,
resolutions, and ordinances not inconsistent with the Constitution and general law of the State of
South Carolina (the “State”), including the exercise of these powers in relation to health and order
in the County or respecting any subject as appears to the Council necessary and proper for the
security, general welfare, and convenience of the County or for preserving health, peace, order,
and good government therein, to include providing for land use regulations pursuant to Section 49-30 of the South Carolina Code of Laws, 1976, as amended; and
WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling
Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended,
authorizes the County to enact or amend its land development regulations to guide development
in accordance with existing and future needs and to protect, promote and improve public health,
safety, and general welfare; and
WHEREAS, Spartanburg County Council has adopted a Performance Zoning Ordinance
("PZO") and a Unified Land Management Ordinance (“ULMO”), which collectively regulate the use
of land, the location and use of buildings and other site improvements, and the construction of public
facilities and private improvements related to the development of land; and
WHEREAS, inadequately regulated development of multiple data centers may have
negative impacts on neighboring property owners, and the operation of such centers are dependent on
adequate capacity of regulated utilities; and
WHERAS, Spartanburg County Council previously announced at its press conference on
February 26, 2026 that County Council would not vote on anything else related to new data centers
until the state legislature establishes a statewide set of rules, protocols and safeguards to uniformly
evaluate these projects and that its citizens’ interests can best be protected with legislation in place.
NOW THEREFORE, be it ordained by the County Council of Spartanburg County (the
“Council”), the governing body of the Spartanburg County, South Carolina (the “County”), as
follows:

Section 1
Findings. The Council hereby adopts the above recitals as findings of fact
in connection with the enactment of this ordinance (this “Ordinance”):
(a)
Data Centers are reviewed as an industrial use in the County’s zoning ordinances.
The Council has determined that it is appropriate to review the areas within the County where Data
Centers are allowed, and the conditions under which Data Centers may be developed, and to further
consider county-wide amendments to the provisions of the PZO concerning Data Centers if
necessary and prudent for the security, general welfare, and convenience of the County or for
preserving health, peace, order, and good government therein.
(b)
For the purpose of this ordinance, Data Centers are defined as a facility comprised
of one or more buildings that houses computer systems and associated components, including
telecommunications and data storages systems, that has a combined connected electrical load of
one megawatt or more, and whose primary function is the storage, management and processing of
data.
(c)
To give the Council, the Spartanburg County Planning Commission (the “Planning
Commission”), and the County’s staff adequate time to conduct such a review and consider
appropriate amendments to the PZO, the Council has determined that it is appropriate to implement
a temporary moratorium on approvals related to the location of Data Centers within the County, as
set forth in greater detail in this Ordinance.
Section 2
Moratorium on New Data Centers. By and through the enactment of this
Ordinance, the Council hereby imposes a moratorium (as described hereby, the “Moratorium”) on
the consideration of development applications for new Data Centers, and the issuance or approval
of other land use applications or approvals, as applicable, for the development of new Data Centers
within the County for a period of twelve (12) months from the date of the enactment of this
Ordinance. The County staff, the Planning Commission, and the County’s Board of Zoning
Appeals are hereby directed to hold in abeyance any development applications involving new Data
Centers that are received after the first reading of this Ordinance.
Section 3
Recommendations Regarding Data Center Regulations. During the
pendency of the Moratorium, County staff and the Planning Commission are hereby directed to
study the areas of the County where Data Centers may be an appropriate land use and the
conditions under which Data Centers may appropriately be developed within such areas. The
Planning Commission and County staff are further directed to prepare and recommend appropriate
amendments to the PZO to apply County-wide to development of Data Centers.
Section 4
Exemption. This Moratorium shall not apply to applications for which
conditional plan approval was granted prior to the effective date of this ordinance, provided such
applications remain in compliance with all applicable approvals and conditions. Additionally, this
Moratorium shall not apply to Data Centers which have been issued a development permit in the
last twelve (12) months.
Section 5
Pending Ordinance Doctrine. This Ordinance is subject to the Pending
Ordinance Doctrine.

Section 6
Moratorium Extension. The Council hereby finds and determines that the
Moratorium imposed hereby may be extended by resolution of the Council.
Section 7
Severability. If any one or more of the provisions of this Ordinance should
be contrary to law, then such provision shall be deemed severable from the remaining provisions
and shall in no way affect the validity of the other provisions of this Ordinance.
Section 8
Repealer. All ordinances, resolutions or parts of any ordinances or
resolutions inconsistent or in conflict with the provisions of this Ordinance are hereby repealed to
the extent of the conflict or inconsistency. Nothing in this Ordinance shall be construed to affect
any suit or proceeding impending in any court, or any rights acquired or liability incurred, or any
cause of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just
or legal right or remedy of any character be lost, impaired or affected by this Ordinance, except as
expressly set forth herein and as may be permitted under State law.
Section 9
Effect. Subject to its applicability in advance of third reading pursuant to
the Pending Ordinance Doctrine, this Ordinance shall be effective upon third and final reading by
the Council.
2026.

DONE AND ENACTED IN COUNCIL DULY ASSEMBLED, this ___ day of June
SPARTANBURG COUNTY, SOUTH CAROLINA

[SEAL]

B. Cole Alverson, County Administrator

ATTEST:
Angela G. Walker, Clerk to Council
First Reading:
Second Reading:
Public Hearing:
Third Reading:

June 22, 2026
_______ __, 2026
_______ __, 2026
_______ __, 2026