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Commissioners approve 180-day extension for data center, convenience store moratoriums
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NEWTON COUNTY — New requests for data centers and convenience stores will not be accepted by Newton County for at least the next six months.

On Tuesday, the Newton County Board of Commissioners unanimously approved two extensions on moratoriums pertaining to new data center and convenience store requests. The county had previously enacted moratoriums on both entities on Feb. 17 for 30 days. Both moratoriums were extended to April 8 during the subsequent meeting.

Now, the moratoriums have been extended until Oct. 7, which effectively halts new data center and convenience store requests for 180 days. These extensions do not affect existing requests that are already in the pipeline.

Both moratoriums were put in place as the county prepares to adopt a modified Unified Development Ordinance. At a work session scheduled before the regular meeting, the board discussed changes to regulations pertaining to new convenience stores.

One of the proposed ordinance changes listed in County Attorney Stephanie Johnson’s presentation was the addition of separation requirements for new convenience stores. The ordinance would call for convenience stores to be located at least two miles away from each other. 

This would include convenience stores (with or without pumps), truck stops and/or truck terminals.

“Those may not have gasoline pumps but they’re similar type uses that we thought it would be the intent of the board to have those be spaced appropriately as well,” Johnson said.

Johnson added that there would be exceptions to the rule for convenience stores that are diagonal from each other.

Another change would call for timely development of an approved rezoning for convenience stores. Property owners would have one year from the effective date of the rezoning to submit site plans and complete all of the steps needed to build the store.

“A property owner being issued a permit to develop the land and then they just don’t do anything with it, the years go by and all of a sudden it’s like nobody remembers it was even approved,” Johnson said. “This is intended to address that concern.”

During discussion, District 5 Commissioner LeAnne Long referenced a potential example that’s happening within county limits. Long said that the board needs to be intentional in what it means by “substantial construction.”

“We’ve had a little bit of that going on in the county where somebody did get their land disturbance permit and they went out there with a tractor and moved a little bit of dirt and that was it,” Long said. “What does the word substantial mean? That’s a real important issue.”

Some of the other proposed ordinance changes include an emphasis on outdoor lighting, a visual screening for stores adjoining a residential area, a size limitation of 5,000 square feet and compliance with local, state and federal laws.

Johnson’s presentation also listed a section for possible avenues of additional regulation. Some of those items include:

  • Landscaping and cleanliness requirements

  • A cap of 12 fueling positions (unless approved otherwise by the board)

  • Installation of security cameras and additional security measures

  • Signage prohibiting loitering

  • The ongoing maintenance of the property

  • Restricting hours of operation from 5 a.m. to midnight (extended hours would require additional security measures)

  • Vacancy and abandonment regulations

District 2 Commissioner Demond Mason appeared in favor of adding landscaping requirements, citing the Salem Overlay regulations that fall in his district.

“I see several convenience stores now, they don’t take pride in that landscaping,” Mason said. “I really want those overlay districts to truly look like the standard that we’ve set for those overlay districts.”

The presence of on-site food consumption and gaming machines was brought forth by District 1 Commissioner Stan Edwards. 

Edwards said he had seen customers purchase lunch from the gas station and sit down at a gaming machine. While he believed the sale of hot foods was OK, Edwards wanted to restrict the consumption of food inside the store.

“That’s an area we probably need to cover moving forward,” Edwards said.

Edwards also wanted to know if gaming machines could be restricted from new convenience stores.

"They’re trouble, in my opinion,” Edwards said.

Johnson said she would address the board’s concerns and get back with them at a later date.

Outside of two brief citizen comments — one for each moratorium extension — no further public input was added, and the extensions were passed 5-0.