Scope
Town of Derry Ordinance 2025-007, adopted November 18, 2025, amends the zoning ordinance, including the definitions in section 165-5 and Industrial District II. The ordinance says it takes effect thirty days after adoption. The General Code supplement of that change, printed as effective December 19, 2025, defines a data center or information-processing facility as a building housing servers, network hardware, data-storage equipment, and associated cooling, power-conditioning, and security systems for the remote processing, storage, or transmission of digital information. Such a facility may include accessory office space and generator yards, but shall generate minimal on-site customer traffic and no outdoor storage of merchandise. The same supplement's Industrial II permitted-use list, which says the following uses shall be permitted, does not name that defined use. This record does not say data centers are prohibited in Derry, and it does not say any district allows them.
- Geographic scope
- Derry, New Hampshire
- Jurisdiction
- Local
- Authority type
- Local government
- Issuing authority
- Derry Town Council
Dates
- Adopted
- 18 November 2025
- Effective
- 19 December 2025
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The ordinance states no expiration.
- Source document
- 19 December 2025
- Last checked
- 24 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
Derry's Town Council adopted Ordinance 2025-007 on November 18, 2025. The codified supplement effective December 19, 2025 defines a data center or information-processing facility. That defined use is not named in the Industrial II permitted-use list printed in the same supplement. The town's adopted scan does not itself print the definition, and the full zoning matrix was not opened, so this is not a finding that every Derry district refuses or approves a data center.
What this does not establish
- The town's adopted ordinance scan amends the definitions section but does not print the new definition. The definition words were read in the General Code supplement of that ordinance.
- The ordinance says it takes effect thirty days after the November 18, 2025 adoption. The supplement header prints December 19, 2025. This record uses the date printed on the supplement that contains the definition.
- The opened Industrial II list does not name a data center. The General Code supplement, not the town adoption scan, specifically prohibits sexually oriented businesses in that district and does not use that prohibition for data centers. Absence from the permitted list is not recorded as a rule for every district in the town.
- The town's compiled zoning ordinance and zoning matrix returned an access challenge and were not opened. Other districts and later amendments were not checked.
Unresolved questions
- Whether Derry treats a data center as another listed use, such as an industrial establishment or a research and development facility, without using the defined name.
- Whether a later amendment added the defined use to a district's permitted or conditional uses.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
https://ecode360.com/DE1924/laws/LF2539776.pdf
- Derry Ordinance 2025-007 as posted by the town adoption on November 18, 2025, and the thirty-day effective clause · 18 November 2025