Modern data centers — including hyperscale facilities — cannot currently be permitted anywhere in Indian River County, according to a written determination issued by county planning officials last month.
Planning and Development Services Director John Stoll issued the determination on July 14, concluding that data centers don't fit into any of the county's existing land use categories.
Under county code, the Community Development Director has authority to classify uses not specifically listed in the Land Development Regulations, using the Standard Industrial Classification (SIC) system as a starting point.
Stoll's analysis found that the closest available classification — SIC 7374, covering computer data processing and preparation services — predates the rise of hyperscale data centers and doesn't reflect what these facilities actually look like on the ground today.
He noted the more current North American Industry Classification System (NAICS) code for data centers, while not adopted by the county, underscores how far the industry has evolved beyond older data-processing categories.
The determination cited several operating characteristics of modern data centers that don't align with existing permitted uses: extremely high electrical demand, large backup generators with on-site fuel storage, water-intensive cooling systems, continuous 24-hour operation, elevated noise levels, minimal employment, and limited public access.
Because no current permitted, administrative permit, or special exception category adequately addresses those characteristics, Stoll determined that data centers are a prohibited use — meaning none can be authorized in any zoning district unless the Board of County Commissioners amends the county's land development regulations.
Indian River County officials say they are aware of the issue and are beginning to look at possible regulatory changes, partly in response to Senate Bill 484, a state law addressing data center development. But there's no firm timeline yet for that process.
"Staff has met to discuss the issue and will evaluate potential regulatory changes in response to Senate Bill 484," said Kathy Copeland, Legislative Affairs and Communications Manager for the Indian River County Board of County Commissioners. "However, no timeline has been established for completing that evaluation or bringing potential amendments before the Board."
In the meantime, Copeland said, Stoll's written determination stands as the county's operating guidance. "The Planning Director's written determination will guide any data center request received by the County," she said.