Kent County Levy Court Business Meeting – July 21, 2026

The Kent County Levy Court held its regular business meeting on Tuesday, July 21, 2026, at 7:02 p.m. in Levy Court Chambers, 555 Bay Road, Dover. All seven commissioners were present. The meeting included presentations for retiring employees and an employee of the month, followed by four public hearings. Key actions included the adoption of a proactive data center ordinance, approval of a zoning change for a farm-based antique store, tabling of an ethics code update, and tabling of meeting room fee revisions.

Consent Calendar

• The consent agenda (item 2611) was approved by a 7-0 vote.

Public Comments & Testimony

• At the start of the meeting, no members of the public or online participants commented on non-hearing agenda items.
• During the data center public hearing, approximately 150–200 attendees were present. Commissioner Angel noted that of those who signed in, 27 were in favor of the ordinance and 14 were opposed. Many speakers expressed opposition to data centers but supported the ordinance as a necessary guardrail. Several requested amendments including larger setbacks, a ban, or a moratorium.
• During the rezoning hearing for the antique store (LC2610), several speakers testified in favor, including the property owner and a vendor, citing the need to support farm income and community benefits. No opposition was expressed in person or online.
• For the home daycare conditional use (C2604), the applicant spoke in favor; no opposition was recorded.

Discussion Items

Data Center Ordinance (LC2606)

• Staff presented an ordinance to define and regulate data centers as a permitted use with conditions in IL (light industrial) and IG (general industrial) zoning districts. The ordinance establishes a 300-foot setback for buildings, a 400-foot setback for mechanical equipment, requires a noise study with mitigation measures, and mandates a letter of water and electricity availability. Power generation remains a separate conditional use. The Regional Planning Commission voted unanimously to recommend approval.
• Commissioners emphasized that the ordinance is proactive—Kent County has received no data center applications—and that it sets guardrails to prevent unregulated development. It does not apply to municipalities. Commissioner Sweeney noted that the ordinance is written in pencil and can be amended, and she requested a future workshop to consider making data centers a conditional use (requiring public hearings for each application). Commissioner Hall confirmed the intent to bring amendments.
• Public testimony was heard from over 30 speakers in support of the ordinance (many opposing data centers but supporting regulation) and from several opposed, citing concerns about noise, water usage, property values, and lack of public input per project. Some called for a ban or moratorium. Senator Eric Buckson spoke, noting his unsuccessful attempt to pass a statewide moratorium.
• The county attorney advised that a moratorium would require a separate ordinance with a public process, and a full ban would require legal review.
• The ordinance was adopted by a 7-0 roll call vote. Commissioners stated that passing the ordinance provides immediate protections while further amendments can be pursued.

Zoning Change for Antique Store (LC2610)

• Staff introduced a one-acre rezoning request from AR (agricultural residential) to BN (neighborhood business) on a 125-acre farm south of Farmington, to legalize an existing antique and craft store. The Regional Planning Commission issued no recommendation due to a 3-3 tie vote (motions to deny and approve both failed).
• The property owner testified he built the building using an agricultural permit but intended it for agritourism and antique sales to supplement farm income. He argued the use should be allowed under AR zoning as limited commercial/agritourism. Commissioners debated whether granting the rezoning would set a precedent for bypassing permit rules. Those voting in favor cited support for farmers and no public opposition; those against cited the need to follow zoning and permit processes.
• The initial motion to deny failed 3-4 (Angel, Pepper, Sweeney, Maston opposed). A subsequent motion to approve passed 4-3 (Angel, Pepper, Sweeney, Maston in favor; Hall, Hertz, Scott opposed). The ordinance was adopted, rezoning the parcel to BN.

Ethics Code Update (LC2604)

• Staff presented an ordinance repealing and reenacting Chapter 41 (ethics code) to incorporate state law, prohibit nepotism, require ethics training, and add post-employment restrictions. Vice President Scott moved to table the ordinance due to verbiage concerns. Commissioner Hertz supported the table, noting constituent feedback. The motion passed 7-0. Further discussion will occur in a future workshop.

Meeting Room Fee Schedule (LC2524)

• Staff proposed an ordinance updating meeting room rental fees at the county administrative complex, removing two rooms, and introducing a support staff fee. Vice President Scott moved to table, citing need for additional discussion on what qualifies as a community organization and whether fees should be charged for public use of the building. The motion passed 5-2 (Angel and Hertz voted no).

Home Daycare Conditional Use (C2604)

• Staff presented a conditional use application for a licensed family child care program in a residential subdivision. The Regional Planning Commission recommended approval unanimously. The public hearing was opened, and the applicant testified in support. No other testimony was received. The transcript ends before a vote; no decision is recorded.

Key Outcomes

• Ordinance LC2606 (Data Centers): Adopted 7-0. Effective immediately. Establishes definitions, setbacks, noise and utility requirements, and restricts data centers to IL and IG zoning districts. Amendments to strengthen noise limits, water protections, and public hearing requirements are planned.
• Ordinance LC2610 (Rezoning for Antique Store): Approved 4-3. Changes one acre from AR to BN zoning outside the growth zone, legalizing an existing business. The owner must comply with site plan review and commercial building codes.
• Ordinance LC2604 (Ethics Code): Tabled 7-0. Will return for revision after further commissioner and public input.
• Ordinance LC2524 (Meeting Room Fees): Tabled 5-2. Further discussion scheduled.
• Conditional Use C2604 (Home Daycare): Public hearing held; no vote recorded in the available transcript.