CHESAPEAKE, Va. — Chesapeake City Council unanimously voted Tuesday to delay any recommendations or consideration of land use applications related to data centers for eight months.
The council stopped short of adopting the Planning Commission's recommendation, which would have limited future data centers to industrial districts.
The city attorney said state law gives Chesapeake the ability to slow the process down.
"The Virginia Code… counties have 12 months from the date of an application to act on the application," the city attorney said.
The city attorney also said state law currently allows some data centers to move forward without ever coming before elected leaders.
"Right now data centers are considered a by-right use… in office institutional districts, some business districts and some industrial districts," the city attorney said.
City leaders say they will return in August with an ordinance designed to close that loophole by requiring future proposals in those districts to receive a conditional use permit.
"Closing that by-right loophole… and make sure any data centers that come into the city in those districts will require a conditional use permit, so it would come before council," the city attorney said.
For residents like Jeff Staples, who spent months advocating for stronger restrictions, the vote was a mixed result.
"I feel kind of in the middle. We didn't win, we didn't lose," Staples said.
Staples said the delay means residents will have more opportunities to help shape the final policy before council makes a long-term decision.
"We were hoping to get restrictions in place tonight, but they want to explore further and have public input sessions, and there's certainly nothing wrong with that," Staples said.
City leaders are expected to take their first step in August when they consider an ordinance that would close the current by-right loophole for data centers.
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