Nye County Unincorporated
City Zoning Code

The purpose of this chapter is to prohibit data centers in unincorporated areas lacking an elected town governing board, in order to preserve rural-residential and agricultural character, protect groundwater resources, minimize land use conflicts, and maintain consistency with Nye County planning and redevelopment objectives.

This chapter applies to all real property located within Nye County that lies, in whole or in part, within the boundary of Basin 162, regardless of whether such property also lies within the Pahrump Regional Planning District, any town boundary, or any other zoning, planning, or administrative subdivision of Nye County.

For purposes of this chapter, the following terms will have the meanings ascribed to them below:

DATA CENTER: "Data Center" means any facility primarily used for the storage, processing, management, mining, transmission, or hosting of digital or electronic data, cloud computing, artificial intelligence processing, cryptocurrency mining, blockchain processing, or similar digital infrastructure operations.

A Data Center includes associated servers, telecommunications equipment, cooling systems, backup generators, substations, utility infrastructure, and related support facilities.

The term includes hyperscale facilities, colocation facilities, cloud computing facilities, artificial intelligence processing facilities, cryptocurrency mining facilities, blockchain processing facilities, and similar high-density digital infrastructure uses, regardless of how such use is described.

The term does not include an Accessory Server Room.

ACCESSORY SERVER ROOM: "Accessory Server Room" means a room or area within a lawful principal use containing computer or networking equipment that is accessory and subordinate to the primary use of the property.

Accessory Server Rooms:

1. Will be limited to the lesser of (1) Two percent (2%) of the gross floor area of the principal structure; or (2) Two thousand (2,000) square feet; and
2. Accessory Server Rooms shall not function as independent commercial data hosting, cloud computing, artificial intelligence processing, or cryptocurrency mining operations.

Data Centers and substantially similar uses are prohibited in all zoning districts, redevelopment areas, overlay districts, and land use classifications.

No permit, approval, zoning classification, development agreement, special use permit, conditional use permit, building permit, business license, or site plan approval shall authorize a Data Center within the area governed by this chapter.

This chapter applies to all real property, zoning districts, redevelopment areas, overlay districts, and land use classifications.

No use substantially similar to or functionally equivalent to a Data Center will be permitted regardless of the name or description assigned to the use.

In determining whether a use is substantially similar to or functionally equivalent to a Data Center, Nye County may consider the functional characteristics of the proposed or actual use, including power demand, cooling demand, server density, utility infrastructure, marketing materials, tenant mix, and the services provided. This determination will not be controlled solely by the label assigned by the applicant, owner, or operator.

No prior approval shall vest any right to establish or operate a Data Center unless the use was lawfully established and operational prior to the effective date of this chapter.

Any lawfully established and operational Data Center existing prior to the effective date of this chapter shall be deemed a legal nonconforming use, subject to all otherwise applicable provisions of the Nye County Code, but shall not be expanded, enlarged, intensified, or resumed after abandonment unless expressly authorized by law.

1. It shall be unlawful to establish, construct, operate, expand, or maintain a Data Center within the area regulated by this chapter.
2. The County Manager, Planning Director, Building Official, Code Enforcement Officer, Sheriff, or any other authorized County official may enforce this chapter.
3. Upon determining that a violation exists, the County may issue a Notice of Violation requiring correction within a period not to exceed ten (10) days unless immediate action is necessary to protect public health or safety.
4. Failure to comply may result in administrative citations, fines, permit revocation, injunctive relief, abatement, civil action, criminal enforcement where otherwise authorized by law, or any other remedy authorized by law.
5. Each day a violation continues constitutes a separate offense.

1. Any person aggrieved by a determination that a proposed or existing use is a Data Center, or is substantially similar to or functionally equivalent to a Data Center under this chapter, may file a written appeal with the Board of County Commissioners within thirty (30) days after the date of the determination. The appeal shall state the specific grounds of error and include any supporting documentation.
2. Filing a timely appeal shall stay further enforcement of the determination being appealed, except where the County Manager or designee determines in writing that a stay would pose an immediate threat to public health or safety.
3. Upon receipt of a timely and complete appeal, the Board shall schedule a public hearing and provide notice in the manner required for comparable land use decisions under Title 17. The appellant shall bear the burden of demonstrating that the proposed or existing use is not a Data Center and is not substantially similar to or functionally equivalent to a Data Center as defined in this chapter.
4. After the close of the public hearing, the Board may affirm, modify, or overturn the determination, and may impose such conditions as are reasonably necessary to ensure compliance with this chapter and to protect the public health, safety, and welfare. The Board’s decision shall constitute the County’s final administrative decision.
5. Nothing in this section shall be construed to authorize the Board to approve a Data Center or substantially similar use in violation of section 17.13.030; rather, the purpose of this section is to provide a process for review of determinations and enforcement actions under this chapter.