Loading...
HomeMy WebLinkAboutOrdinance 7010 Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7010 File Number: 2026-2001 AN ORDINANCE TO MAKE DATA CENTERS A CONDITIONAL USE IN THE CITY OF FAYETTEVILLE AND PROVIDE FOR ADDITIONAL REGULATIONS ON DATA CENTERS BY AMENDING § 161.31 DISTRICT I-2, GENERAL INDUSTRIAL, § 164.27 DATA CENTERS, § 51.001 WATER SHORTAGES, AND § 51.112 WATER SERVICE AND EXTENSION POLICY OF THE UNIFIED DEVELOPMENT CODE, AND TO DECLARE AN EMERGENCY WHEREAS, on September 5, 2023, with the passage of Ordinance 6678, the City of Fayetteville became one of the first cities to enact specific regulations for data centers in the State of Arkansas; and WHEREAS, those initial regulations focused on the noise disturbance that can be caused by the equipment associated with data centers but they are also known to have massive water and power requirements, which can severely and negatively impact the lives of those in nearby areas served by the same utility services; and WHEREAS, moving data centers from permitted uses to conditional uses in the I-2, Heavy Industrial zoning district will allow the Planning Commission to weigh the potential adverse impact data centers can have on surrounding properties and the public interest; and WHEREAS, the City of Fayetteville finds that the public interest is served by preventing the negative effects on ratepayers and utility customers that can be caused by data centers and the provisions of this Ordinance are enacted for the purpose of preserving and protecting the public health, safety, welfare and property of the residents of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.31 – District I-2, General Industrial of the Unified Development Code by moving Unit 47 Data Centers from subsection (B)(1) Permitted Uses to (B)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.27 Data Centers and enacts a new § 163.20 Data Centers as shown in Exhibit A attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (C)(8) in § 51.001 Water Shortages as follows: “(8) Data Centers. The operation of a data center cooling system employing the use of potable water. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (D) for water Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Ordinance: 7010 File Number: 2026-2001 Page 2 extensions to data centers outside the city in § 51.112 Water Service and Extension Policy as follows: “(D) Water Extensions to Data Centers. Water extensions to a data center as defined in § 151.01 of the Unified Development Code outside of the Fayetteville corporate limits but within the City’s water service area shall not be made without the express approval of the City Council and in accordance with the following rules (1) The data center shall provide a report addressing the following: (a) Water Usage i. The estimated amount of total water in acre feet that will be used by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected water demand for each month within that year. ii. The estimated amount of water in million gallons per day that will be used by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns iii. The estimated amount of water in million gallons per day to be used by the proposed project in a 24-hour period on its highest water consumption day. iv. The estimated highest instantaneous flow rate in million gallons per day that will be used by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. v. Indicate high consumption operational flexibility. Identify if high water demands can be aligned with the City’s low-demand periods. vi. The number of the proposed water meters and the size of each water meter for the proposed project. vii. Fire flow requirements and capacity to provide fire flow for the proposed data center, as reviewed and approved by both the Fire Marshal (or the appropriate fire official with jurisdiction over the proposed site) and the Utilities Department. (b) Water Supply i. If the data center will be served by a public water supply, the applicant shall submit documentation from the public authority certifying that the public authority has the capacity to supply the water needed. ii. Additionally, the applicant shall submit documentation from Beaver Water District certifying that it has sufficient current and future capacity and the needs of the data center will not adversely impact its ability to deliver water to its customers. iii. If the data center intends to rely upon a nonpublic groundwater source or is to rely on surface water withdrawal, the applicant shall provide a water feasibility study using parameters approved by the Public Works Director to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity. (c) The Utilities Director may request additional data or documentation that may be used to make a recommendation to the City Council. (2) The City Council may require the data center to comply with additional requirements including, but not limited to, requirements for data centers in the city limits as set forth in § 163.20 Data Centersof the Unified Development Code. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any provision of this Ordinance is found to be invalid by the decision of any court of competent jurisdiction, such invalidity shall not affect the remaining sections, phrases, and provisions of this Ordinance which remain valid and enforceable. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Ordinance: 7010 File Number: 2026-2001 Page 3 Section 6: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay to address the potential harmful effects of noise disturbances emanating from data centers, as well as the water and power needs of such developments, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on June 16, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $460.56 Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2001 MEETING OF JUNE 16, 2026 TO: Mayor Rawn and City Council THROUGH: Blake Pennington, Senior Assistant City Attorney FROM: Scott Berna, Ward 3, Position 1 Mike Wiederkehr, Ward 2, Position 2 SUBJECT: An Ordinance to make data centers a conditional use in the City of Fayetteville. RECOMMENDATION: Make data centers a conditional use in the City of Fayetteville. BACKGROUND: On September 5, 2023, with the passage of Ordinance 6678, the City of Fayetteville became one of the first cities to enact specific regulations for data centers in the State of Arkansas. Those initial regulations focused on the noise disturbance that can be caused by the equipment associated with data centers but they are also known to have massive water and power requirements, which can severely and negatively impact the lives of those in nearby areas served by the same utility services. DISCUSSION: Moving data centers from permitted uses to conditional uses in the I-2, Heavy Industrial zoning district will allow the Planning Commission to weigh the potential adverse impact data centers can have on surrounding properties and the public interest. The City of Fayetteville finds that the public interest is served by preventing the negative effects on ratepayers and utility customers that can be caused by data centers and the provisions of this Ordinance are enacted for the purpose of preserving and protecting the public health, safety, welfare and property of the residents of Fayetteville. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Exhibit A - New 163.20 Data Centers - clean, 4. Exhibit A - New 163.20 Data Centers - strikethrough, 5. Agenda Request Signed - Berna and Wiederkehr - Data Centers, 6. Wiederkehr Approval, 7. Exhibit A - Amended and Approved 06/16/2026 Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2001 AN ORDINANCE TO MAKE DATA CENTERS A CONDITIONAL USE IN THE CITY OF FAYETTEVILLE AND PROVIDE FOR ADDITIONAL REGULATIONS ON DATA CENTERS BY AMENDING § 161.31 DISTRICT I-2, GENERAL INDUSTRIAL, § 164.27 DATA CENTERS, § 51.001 WATER SHORTAGES, AND § 51.112 WATER SERVICE AND EXTENSION POLICY OF THE UNIFIED DEVELOPMENT CODE, AND TO DECLARE AN EMERGENCY WHEREAS, on September 5, 2023, with the passage of Ordinance 6678, the City of Fayetteville became one of the first cities to enact specific regulations for data centers in the State of Arkansas; and WHEREAS, those initial regulations focused on the noise disturbance that can be caused by the equipment associated with data centers but they are also known to have massive water and power requirements, which can severely and negatively impact the lives of those in nearby areas served by the same utility services; and WHEREAS, moving data centers from permitted uses to conditional uses in the I-2, Heavy Industrial zoning district will allow the Planning Commission to weigh the potential adverse impact data centers can have on surrounding properties and the public interest; and WHEREAS, the City of Fayetteville finds that the public interest is served by preventing the negative effects on ratepayers and utility customers that can be caused by data centers and the provisions of this Ordinance are enacted for the purpose of preserving and protecting the public health, safety, welfare and property of the residents of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.31 – District I-2, General Industrial of the Unified Development Code by moving Unit 47 Data Centers from subsection (B)(1) Permitted Uses to (B)(2) Conditional Uses. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.27 Data Centers and enacts a new § 163.20 Data Centers as shown in Exhibit A attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (C)(8) in § 51.001 Water Shortages as follows: “(8) Data Centers. The operation of a data center cooling system employing the use of potable water. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Ordinance: 7010 File Number: 2026-2001 Page 2 (D) for water extensions to data centers outside the city in § 51.112 Water Service and Extension Policy as follows: “(D) Water Extensions to Data Centers. Water extensions to a data center as defined in § 151.01 of the Unified Development Code outside of the Fayetteville corporate limits but within the City’s water service area shall not be made without the express approval of the City Council and in accordance with the following rules (1) The data center shall provide a report addressing the following: (a) Water Usage i. The estimated amount of total water in acre feet that will be used by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected water demand for each month within that year. ii. The estimated amount of water in million gallons per day that will be used by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns iii. The estimated amount of water in million gallons per day to be used by the proposed project in a 24-hour period on its highest water consumption day. iv. The estimated highest instantaneous flow rate in million gallons per day that will be used by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. v. Indicate high consumption operational flexibility. Identify if high water demands can be aligned with the City’s low-demand periods. vi. The number of the proposed water meters and the size of each water meter for the proposed project. vii. Fire flow requirements and capacity to provide fire flow for the proposed data center, as reviewed and approved by both the Fire Marshal (or the appropriate fire official with jurisdiction over the proposed site) and the Utilities Department. (b) Water Supply i. If the data center will be served by a public water supply, the applicant shall submit documentation from the public authority certifying that the public authority has the capacity to supply the water needed. ii. Additionally, the applicant shall submit documentation from Beaver Water District certifying that it has sufficient current and future capacity and the needs of the data center will not adversely impact its ability to deliver water to its customers. iii. If the data center intends to rely upon a nonpublic groundwater source or is to rely on surface water withdrawal, the applicant shall provide a water feasibility study using parameters approved by the Public Works Director to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Ordinance: 7010 File Number: 2026-2001 Page 3 (c) The Utilities Director may request additional data or documentation that may be used to make a recommendation to the City Council. (2) The City Council may require the data center to comply with additional requirements including, but not limited to, requirements for data centers in the city limits as set forth in § 163.20 Data Centersof the Unified Development Code. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any provision of this Ordinance is found to be invalid by the decision of any court of competent jurisdiction, such invalidity shall not affect the remaining sections, phrases, and provisions of this Ordinance which remain valid and enforceable. Section 6: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay to address the potential harmful effects of noise disturbances emanating from data centers, as well as the water and power needs of such developments, which is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 EXHIBIT A 163.20 Data Centers (A) Purpose and Applicability. All data centers constructed within the City of Fayetteville shall be designed and built to incorporate sufficient external noise attenuation measures in order to minimize the impact of noise disturbance on residents. Data centers shall also be required to provide sufficient evidence that their operation will not negatively impact the customers and users of public utilities within a utility’s service area or the users of ground or surface waters. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Ambient noise: The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excusing the alleged offensive noise, at the locations and approximate time at which comparison with the alleged offensive noise is to be made. Data center shall have the same meaning as set forth in §151.01 Definitions of the Unified Development Code. Decibel (dB) shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Mechanical equipment: The networked computer systems along with supporting equipment such as batteries, backup generators, and cooling systems housed on the data center's property. Noise attenuation: The reduction of noise levels through the use of sound-absorbing material, architectural design techniques, and/or any other suitable means. Noise disturbance shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Person: An individual, association, partnership, or corporation, including any officer, employee, department, or agency. Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. Sound level: shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Sound level meter: shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. (C) Water and Electricity Consumption Requirements. Before a conditional use permit may be issued for the construction or operation of a data center within the corporate limits of Fayetteville, a property owner and operator of a data center shall comply with the following requirements: (1) A water consumption, wastewater discharge, energy management, and thermal management report shall be submitted showing the following: (a) Cooling System. The proposed cooling system for the Data Center and whether the Data Center will be water-cooled or air-cooled. The report must verify that the operation of the data center will not generate additional heat beyond the property line. (b) An energy management plan describing the data center’s power use effectiveness, waste heat recovery measures, and on-site or off-site renewable electricity generation. (c) Water usage. (i) The estimated amount of total water in million gallons that will be used by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected water demand for each month within that year. (ii) The estimated amount of water in million gallons per day that will be used by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (iii) The estimated amount of water in million gallons per day to be used by the proposed project in a 24-hour period on its highest water consumption day. (iv) The estimated highest instantaneous flow rate in gallons per minute that will be used by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. (v) Indicate high consumption operational flexibility and whether high water demands can be aligned with the City’s low-demand periods. (vi) The number of the proposed water meters and the size of each water meter for the proposed project. (vii) Fire flow requirements and capacity to provide fire flow for the proposed data center, as reviewed and approved by both the Fire Marshal and the Utilities Department. (d) Wastewater discharge. (i) The estimated amount of total wastewater in million gallons that will be discharged by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected wastewater discharge for each month within that year. (ii) The estimated amount of wastewater in million gallons per day that will be discharged by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns. (iii) The estimated amount of wastewater in million gallons per day to be discharged by the proposed project in a 24-hour period on its highest water consumption day. (iv) The estimated highest instantaneous flow rate in gallons per minute that will be discharged by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. (v) Indicate high discharge operational flexibility. Identify if high wastewater discharges can be aligned with the City’s low-demand periods. (vi) Identify chemicals or compounds that will or may be used by the data center that could impact wastewater quality. The report should show the average amount of total dissolved solids on a daily basis and also show the amount of total dissolved solids during anticipated peak periods. (e) Any other information required by the City to determine whether the proposed data center will adversely impact the public interest. (2) Water supply. (a) If the data center will be served by a public water supply, the applicant shall submit documentation from the public water utility certifying that the public authority has the capacity to supply the water needed. The applicant shall provide any additional documentation requested by the public water utility in order to determine whether sufficient current and future capacity exists. (b) Additionally, the applicant shall submit documentation from Beaver Water District certifying that it has sufficient current and future capacity and the needs of the data center will not adversely impact its ability to deliver water to its customers. (c) If the data center intends to rely upon a nonpublic groundwater source or is to rely on surface water withdrawal for any portion of its cooling system, the applicant shall provide a water feasibility study using parameters approved by the Public Works Director to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity. (3) Power supply. (a) If the data center will be served by a public electric utility, the applicant shall submit documentation from that utility certifying that the utility will supply the power needed and that other customers/users within the utility’s service area will not be negatively impacted. This documentation shall identify any required transmission, generation, or substation upgrades. (b) If the data center intends to rely fully upon power sources other than from a public electric utility, the applicant shall provide a feasibility study establishing that the non-public power source is adequate to supply all of the data center’s power needs. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (c) If the data center intends to partially rely upon electric power supplied by a public electric utility as well as alternative power sources, the applicant shall provide: 1) documentation from the utility certifying that the utility will supply the power needed; and 2) a feasibility study showing that the applicant’s reliance upon the public electric utility will not negatively impact other customers and users of the utility. (d) Data centers with backup generators shall comply with the following: (i) All diesel backup generators shall meet U.S. Environmental Protection Agency (EPA) Tier 4 emission standards. Generators rated below the Tier 4 threshold shall meet the highest applicable EPA Tier. (ii) Routine, non-emergency generator testing shall be limited to Monday through Friday, 10:00 a.m. to 4:00 p.m., excluding federal and state holidays. (iii) The operator shall provide written notice of any scheduled generator testing to all property owners within 1,000 feet not less than 24 hours in advance and shall maintain a public web page listing scheduled testing windows. (iv) Annual generator testing data and emissions reports shall be submitted to the Development Services Department. (v) All on-site fuel storage shall comply with applicable National Fire Protection Association codes, and applicable state and local requirements; a fuel-handling plan and spill response plan shall be filed with the Fayetteville Fire Department. (4) Cooling systems shall comply with the following requirements: (a) All cooling systems shall be either fully air-cooled or high efficiency liquid cooled systems, or equivalent technologies designed to minimize water consumption and wastewater discharge. Open-loop and once-through cooling systems are prohibited. Evaporative-only cooling systems that consume potable water as the primary cooling medium are prohibited. (b) On-site groundwater wells used as the primary cooling water source are prohibited. Wells used solely for landscape irrigation, fire suppression, or as makeup water for closed-loop systems remain permissible subject to applicable state and federal permitting. (c) All cooling water discharged to the sanitary sewer shall comply with the City of Fayetteville’s utility regulations. Chemically treated cooling water shall not be discharged to surface waters or stormwater systems. (D) Noise Attenuation Requirements. Before a data center has commenced construction or operating within this jurisdiction, the property owner and operator proposing to build a data center shall comply with the following: (1) Notice Requirements. The property owner and operator must notify all residents within a half-mile radius of the parcel, including any affiliated homeowners' association operating within the half-mile radius. that the property owner and operator intends to build and operate a data center on the property. The notice required in this section must be mailed to all property owners, residents, and homeowners' association addresses contained within a half-mile radius extending from the boundary of the site where the proposed data center will be built. Proof of notification shall be filed with the Planning Division within thirty (30) days of providing notice. The property owner and operator must notify the Mayor that the property owner and operator intend to build and operate a data center. The notice must include the location for the proposed data center. This public notification shall occur at the same time as any other notification required by Chapter 157. If no public hearing is required, then this notification shall occur no less than thirty (30) days prior to the submission of the applicant's development or business license application. whichever occurs first. (2) Noise Study Requirements. The property owner of the lands upon which the data center is to be located shall conduct a sound study performed by a third-party acoustic engineer to document baseline sound levels in the area of the proposed data center, including noise levels measured at the boundary of the site in eight (8) locations (north, south, east, west, northeast, northwest, southeast, southwest.) The report of the study must include sound mitigation recommendations based on the Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 results of the sound study. The property owner must provide a copy of the report of the study to the Planning Division within thirty (30) days of completion of the report. (3) Noise Attenuation Plan Requirements. (a) The property owner must consult with a third-party architectural or design firm to develop a building plan that includes necessary noise attenuation measures in order to prevent the external sound level emanating from the data center from exceeding the sound level limitations contained in in Chapter 96, Noise Control, which would be considered a noise disturbance. The building plan is not required to adopt any or all of the noise attenuation recommendations so long as the plan includes noise attenuation measures that the city deems adequate to be in compliance with this section. Noise attenuation measures may include but not limited to: (i) Soundproofing walls, screens, panels, fences, or enclosures. (ii) Buffer yards. (iii) Other noise attenuation measures recommended by the third-party acoustic engineer or the city. (b) Mechanical equipment must be shown on any proposed plan and must be fully screened on all sides. Mechanical equipment not screened by a facade of the building must be screened by a visually solid fence, screen wall or panel, or parapet wall and constructed with a design, materials, details, and treatment compatible with those used on the nearest facade of the building. (c) The property owner must provide a copy of the building plan to the city within thirty (30) days of completion of the plan prior to construction. (d) Any additions, changes, or expansions of the data center must comply with the noise attenuation requirements of this section and must be designed and submitted to the city within thirty (30) days of completion of the report. (4) Post Completion Noise Study Requirements. (a) Upon the data center's completion, the data center operator must conduct a post-construction noise study performed by a third-party acoustic engineer to document noise levels emanating from the data center when mechanical equipment is running at full capacity, including all HVAC units and generators necessary for peak operation. Noise levels are to be measured at the boundary of the site in the original eight (8) locations used during the baseline study. The data center operator must provide a copy of the report to the city within ten (10) days of completion of the study. (b) The data center shall not begin operations until the completion of the post-construction noise study and submission to the city as required above. In order for the data center to be in compliance, the noise study results must show that its operation is in compliance with this section and will not adversely impact residential neighbors. If the results show that the data center is not in compliance with this section or will adversely impact residential neighbors, the data center will be unable to commence operation until the required noise attenuation measures and noise limitations are met.(c) Furthermore, the data center operator must conduct annual noise studies under the baseline and post-construction studies specifications in accordance with subsections (a) and (b) above. The data center operator must provide the results to the city within ten (10) days after the anniversary date of the first sound study report. (5) Procedure for Measurement. All tests shall be conducted according to the procedures set forth in Chapter 96, Noise Control. (6) Noise Limitations. It shall be unlawful for any data center to make, or continue to cause or permit to be made or continued, noise levels constituting a noise disturbance. For the purposes of this section, the Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 external noise level emanating from data centers shall be deemed disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public, or their property. if the sound level does not comply with the limits set forth in Chapter 96, Noise Control. (E) Setback Requirements. Data centers shall be subject to setback requirements as follows (1) When adjoining an I-1 or I-2 zoning district, the building shall be located at least 100 feet from the boundary line. (2) When adjoining any other zoning district, the building shall be located at least 1,000 feet from any boundary line. (F) Landscape Buffers. A landscape buffer approved by the Urban Forester of not less than 50 feet in width shall be installed along any frontage abutting an I-1 or I-2 zoning district. A buffer approved by the Urban Forester of not less than 100 feet in width shall be installed along any frontage abutting any other zoning district. (G) Monitoring and reporting requirements. The data center must identify a single point of contact for the community and maintain a public web page that includes noise verification reports. A data center’s annual reporting requirements include compilation of all complaints received and the data center operator’s response to those complaints. (H) Violations and Penalties. Violations of the noise limitations shall be subject to the enforcement and penalty provisions of Chapter 96, Noise Control, as well as any remedies available to the city pursuant to the Unified Development Code, state or federal law. Violations of other provisions of this section shall be subject to the enforcement and penalty provisions of the Unified Development Code. (1) Any or all of the following persons may be held responsible for noise violations: (a) The person operating the equipment or creating the noise; (b) The person who employs the person operating the equipment or creating the noise at the time of the violation; (c) The person who owns or rents the property where the violation occurs. (2) The following acts, and the causing thereof, are declared to be in violation of this section: (a) The sound level emanating from the data center exceeds that allowed by Chapter 96, Noise Control. (b) The noise attenuation measures provided in the design plan to the city are not incorporated in the construction of the data center. (c) Any of the required sound study results are not filed with the city within thirty (30) days of completion of the report. (d) The building plan is not filed with the city within thirty (30) days of completion of the plan prior to construction. (e) Failure to act in accordance with any other provision of this section. (3) All data centers shall be in compliance with the requirements of this section before the city will issue a certificate of occupancy; failure to do so will be deemed a violation of this section and may result in an injunction, a stay in commencing operation, denial of allowed occupancy, or denial or withdrawal of city utilities or services. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 EXHIBIT A 163.20 Data Centers (A) Purpose and Applicability. All data centers constructed within the City of Fayetteville shall be designed and built to incorporate sufficient external noise attenuation measures in order to minimize the impact of noise disturbance on residents. Data centers shall also be required to provide sufficient evidence that their operation will not negatively impact the customers and users of public utilities within a utility’s service area or the users of ground or surface waters. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Ambient noise: The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excusing the alleged offensive noise, at the locations and approximate time at which comparison with the alleged offensive noise is to be made. Data center shall have the same meaning as set forth in §151.01 Definitions of the Unified Development Code. Decibel (dB) shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Mechanical equipment: The networked computer systems along with supporting equipment such as batteries, backup generators, and cooling systems housed on the data center's property. Noise attenuation: The reduction of noise levels through the use of sound-absorbing material, architectural design techniques, and/or any other suitable means. Noise disturbance shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Person: An individual, association, partnership, or corporation, including any officer, employee, department, or agency. Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. Sound level: shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Sound level meter: shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. (C) Water and Electricity Consumption Requirements. Before a conditional use permit may be issued for the construction or operation of a data center within the corporate limits of Fayetteville, a property owner and operator of a data center shall comply with the following requirements: (1) A water consumption, wastewater discharge, energy management, and thermal management report shall be submitted showing the following: (a) Cooling System. The proposed cooling system for the Data Center and whether the Data Center will be water-cooled or air-cooled. The report must verify that the operation of the data center will not generate additional heat beyond the property line. (b) An energy management plan describing the data center’s power use effectiveness, waste heat recovery measures, and on-site or off-site renewable electricity generation. (c) Water usage. (i) The estimated amount of total water in million gallons that will be used by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected water demand for each month within that year. (ii) The estimated amount of water in million gallons per day that will be used by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (iii) The estimated amount of water in million gallons per day to be used by the proposed project in a 24-hour period on its highest water consumption day. (iv) The estimated highest instantaneous flow rate in gallons per minute that will be used by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. (v) Indicate high consumption operational flexibility and whether high water demands can be aligned with the City’s low-demand periods. (vi) The number of the proposed water meters and the size of each water meter for the proposed project. (vii) Fire flow requirements and capacity to provide fire flow for the proposed data center, as reviewed and approved by both the Fire Marshal and the Utilities Department. (d) Wastewater discharge. (i) The estimated amount of total wastewater in million gallons that will be discharged by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected wastewater discharge for each month within that year. (ii) The estimated amount of wastewater in million gallons per day that will be discharged by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns. (iii) The estimated amount of wastewater in million gallons per day to be discharged by the proposed project in a 24-hour period on its highest water consumption day. (iv) The estimated highest instantaneous flow rate in gallons per minute that will be discharged by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. (v) Indicate high discharge operational flexibility. Identify if high wastewater discharges can be aligned with the City’s low-demand periods. (vi) Identify chemicals or compounds that will or may be used by the data center that could impact wastewater quality. The report should show the average amount of total dissolved solids on a daily basis and also show the amount of total dissolved solids during anticipated peak periods. (e) Any other information required by the City to determine whether the proposed data center will adversely impact the public interest. (2) Water supply. (a) If the data center will be served by a public water supply, the applicant shall submit documentation from the public water utility certifying that the public authority has the capacity to supply the water needed. The applicant shall provide any additional documentation requested by the public water utility in order to determine whether sufficient current and future capacity exists. (b) Additionally, the applicant shall submit documentation from Beaver Water District certifying that it has sufficient current and future capacity and the needs of the data center will not adversely impact its ability to deliver water to its customers. (c) If the data center intends to rely upon a nonpublic groundwater source or is to rely on surface water withdrawal for any portion of its cooling system, the applicant shall provide a water feasibility study using parameters approved by the Public Works Director to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity. (3) Power supply. (a) If the data center will be served by a public electric utility, the applicant shall submit documentation from that utility certifying that the utility will supply the power needed and that other customers/users within the utility’s service area will not be negatively impacted. This documentation shall identify any required transmission, generation, or substation upgrades. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (b) If the data center intends to rely fully upon power sources other than from a public electric utility, the applicant shall provide a feasibility study establishing that the non-public power source is adequate to supply all of the data center’s power needs. (c) If the data center intends to partially rely upon electric power supplied by a public electric utility as well as alternative power sources, the applicant shall provide: 1) documentation from the utility certifying that the utility will supply the power needed; and 2) a feasibility study showing that the applicant’s reliance upon the public electric utility will not negatively impact other customers and users of the utility. (d) Data centers with backup generators shall comply with the following: (i) All diesel backup generators shall meet U.S. Environmental Protection Agency (EPA) Tier 4 emission standards. Generators rated below the Tier 4 threshold shall meet the highest applicable EPA Tier. (ii) Routine, non-emergency generator testing shall be limited to Monday through Friday, 10:00 a.m. to 4:00 p.m., excluding federal and state holidays. (iii) The operator shall provide written notice of any scheduled generator testing to all property owners within 1,000 feet not less than 24 hours in advance and shall maintain a public web page listing scheduled testing windows. (iv) Annual generator testing data and emissions reports shall be submitted to the Development Services Department. (v) All on-site fuel storage shall comply with applicable National Fire Protection Association codes, and applicable state and local requirements; a fuel-handling plan and spill response plan shall be filed with the Fayetteville Fire Department. (4) Cooling systems shall comply with the following requirements: (a) All cooling systems shall be either fully air-cooled or high efficiency liquid cooled systems, or equivalent technologies designed to minimize water consumption and wastewater discharge. Open-loop and once-through cooling systems are prohibited. Evaporative-only cooling systems that consume potable water as the primary cooling medium are prohibited. (b) On-site groundwater wells used as the primary cooling water source are prohibited. Wells used solely for landscape irrigation, fire suppression, or as makeup water for closed-loop systems remain permissible subject to applicable state and federal permitting. (c) All cooling water discharged to the sanitary sewer shall comply with the City of Fayetteville’s utility regulations. Chemically treated cooling water shall not be discharged to surface waters or stormwater systems. (D) Noise Attenuation Requirements. Before a data center has commenced construction or operating within this jurisdiction, the property owner and operator proposing to build a data center shall comply with the following: (1) Notice Requirements. The property owner and operator must notify all residents within a half-mile radius of the parcel, including any affiliated homeowners' association operating within the half-mile radius. that the property owner and operator intends to build and operate a data center on the property. The notice required in this section must be mailed to all property owners, residents, and homeowners' association addresses contained within a half-mile radius extending from the boundary of the site where the proposed data center will be built. Proof of notification shall be filed with the Planning Division within thirty (30) days of providing notice. The property owner and operator must notify the Mayor that the property owner and operator intend to build and operate a data center. The notice must include the location for the proposed data center. This public notification shall occur at the same time as any other notification required by Chapter 157. If no public hearing is required, then this notification shall occur no less than thirty (30) days prior to the submission of the applicant's development or business license application. whichever occurs first. (2) Noise Study Requirements. The property owner of the lands upon which the data center is to be located shall conduct a sound study performed by a third-party acoustic engineer to document Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 baseline sound levels in the area of the proposed data center, including noise levels measured at the boundary of the site in eight (8) locations (north, south, east, west, northeast, northwest, southeast, southwest.) The report of the study must include sound mitigation recommendations based on the results of the sound study. The property owner must provide a copy of the report of the study to the Planning Division within thirty (30) days of completion of the report. (3) Noise Attenuation Plan Requirements. (a) The property owner must consult with a third-party architectural or design firm to develop a building plan that includes necessary noise attenuation measures in order to prevent the external sound level emanating from the data center from exceeding the sound level limitations contained in in Chapter 96, Noise Control, which would be considered a noise disturbance. The building plan is not required to adopt any or all of the noise attenuation recommendations so long as the plan includes noise attenuation measures that the city deems adequate to be in compliance with this section. Noise attenuation measures may include but not limited to: (i) Soundproofing walls, screens, panels, fences, or enclosures. (ii) Buffer yards. (iii) Other noise attenuation measures recommended by the third-party acoustic engineer or the city. (b) Mechanical equipment must be shown on any proposed plan and must be fully screened on all sides. Mechanical equipment not screened by a facade of the building must be screened by a visually solid fence, screen wall or panel, or parapet wall and constructed with a design, materials, details, and treatment compatible with those used on the nearest facade of the building. (c) The property owner must provide a copy of the building plan to the city within thirty (30) days of completion of the plan prior to construction. (d) Any additions, changes, or expansions of the data center must comply with the noise attenuation requirements of this section and must be designed and submitted to the city within thirty (30) days of completion of the report. (4) Post Completion Noise Study Requirements. (a) Upon the data center's completion, the data center operator must conduct a post-construction noise study performed by a third-party acoustic engineer to document noise levels emanating from the data center when mechanical equipment is running at full capacity, including all HVAC units and generators necessary for peak operation. Noise levels are to be measured at the boundary of the site in the original eight (8) locations used during the baseline study. The data center operator must provide a copy of the report to the city within ten (10) days of completion of the study. (b) The data center shall not begin operations until the completion of the post-construction noise study and submission to the city as required above. In order for the data center to be in compliance, the noise study results must show that its operation is in compliance with this section and will not adversely impact residential neighbors. If the results show that the data center is not in compliance with this section or will adversely impact residential neighbors, the data center will be unable to commence operation until the required noise attenuation measures and noise limitations are met. (c) Furthermore, the data center operator must conduct annual noise studies under the baseline and post-construction studies specifications in accordance with subsections (a) and (b) above. The data center operator must provide the results to the city within ten (10) days after the anniversary date of the first sound study report. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (5) Procedure for Measurement. All tests shall be conducted according to the procedures set forth in Chapter 96, Noise Control. (6) Noise Limitations. It shall be unlawful for any data center to make, or continue to cause or permit to be made or continued, noise levels constituting a noise disturbance. For the purposes of this section, the external noise level emanating from data centers shall be deemed disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public, or their property. if the sound level does not comply with the limits set forth in Chapter 96, Noise Control. (E) Setback Requirements. Data centers shall be subject to setback requirements as follows (1) When adjoining an I-1 or I-2 zoning district, the building shall be located at least 100 feet from the boundary line. (2) When adjoining any other zoning district, the building shall be located at least 1,000 feet from any boundary line. (F) Landscape Buffers. A landscape buffer approved by the Urban Forester of not less than 50 feet in width shall be installed along any frontage abutting an I-1 or I-2 zoning district. A buffer approved by the Urban Forester of not less than 100 feet in width shall be installed along any frontage abutting any other zoning district. (G) Monitoring and reporting requirements. The data center must identify a single point of contact for the community and maintain a public web page that includes noise verification reports. A data center’s annual reporting requirements include compilation of all complaints received and the data center operator’s response to those complaints. (H) Violations and Penalties. Violations of the noise limitations shall be subject to the enforcement and penalty provisions of Chapter 96, Noise Control, as well as any remedies available to the city pursuant to the Unified Development Code, state or federal law. Violations of other provisions of this section shall be subject to the enforcement and penalty provisions of the Unified Development Code. (1) Any or all of the following persons may be held responsible for noise violations: (a) The person operating the equipment or creating the noise; (b) The person who employs the person operating the equipment or creating the noise at the time of the violation; (c) The person who owns or rents the property where the violation occurs. (2) The following acts, and the causing thereof, are declared to be in violation of this section: (a) The sound level emanating from the data center exceeds that allowed by Chapter 96, Noise Control. (b) The noise attenuation measures provided in the design plan to the city are not incorporated in the construction of the data center. (c) Any of the required sound study results are not filed with the city within thirty (30) days of completion of the report. (d) The building plan is not filed with the city within thirty (30) days of completion of the plan prior to construction. (e) Failure to act in accordance with any other provision of this section. (3) All data centers shall be in compliance with the requirements of this section before the city will issue a certificate of occupancy; failure to do so will be deemed a violation of this section and may result in an injunction, a stay in commencing operation, denial of allowed occupancy, or denial or withdrawal of city utilities or services. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 From:Wiederkehr, Mike To:Barnes, Stacy; Berna, Scott Subject:Re: Ordinance to make data centers a conditional use Date:Wednesday, June 3, 2026 10:21:09 AM Attachments:image001.png Hi Stacy, I absolutely do wish to co-sponsor this ordinance! Thank you, Mike Get Outlook for iOS From: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Sent: Wednesday, June 3, 2026 9:52:35 AM To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov> Subject: Ordinance to make data centers a conditional use Good Morning gentleman! Attached is an Agenda Request form, Ordinance, Exhibit A, and the red line version. If you approve this, please let me know and I will get it all finished up! If Council Member Wiederkehr does not wish to co-sponsor, let me know, there is already a request form prepared for just Council Member Berna if that is the case. Thanks so much! Stacy Barnes City Attorney Paralegal City of Fayetteville, Arkansas 113 W Mountain St., Suite 302 Fayetteville, AR 72701 T 479.575.8313 | Website | Facebook | Twitter | Instagram | YouTube Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 EXHIBIT A 163.20 Data Centers (A) Purpose and Applicability. All data centers constructed within the City of Fayetteville shall be designed and built to incorporate sufficient external noise attenuation measures in order to minimize the impact of noise disturbance on residents. Data centers shall also be required to provide sufficient evidence that their operation will not negatively impact the customers and users of public utilities within a utility’s service area or the users of ground or surface waters. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Ambient noise: The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excusing the alleged offensive noise, at the locations and approximate time at which comparison with the alleged offensive noise is to be made. Data center shall have the same meaning as set forth in §151.01 Definitions of the Unified Development Code. Decibel (dB) shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Mechanical equipment: The networked computer systems along with supporting equipment such as batteries, backup generators, and cooling systems housed on the data center's property. Noise attenuation: The reduction of noise levels through the use of sound-absorbing material, architectural design techniques, and/or any other suitable means. Noise disturbance shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Person: An individual, association, partnership, or corporation, including any officer, employee, department, or agency. Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. Sound level: shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. Sound level meter: shall have the same meaning as set forth in §96.01 Definitions of Chapter 96, Noise Control. (C) Water and Electricity Consumption Requirements. Before a conditional use permit may be issued for the construction or operation of a data center within the corporate limits of Fayetteville, a property owner and operator of a data center shall comply with the following requirements: (1) A water consumption, wastewater discharge, energy management, and thermal management report shall be submitted showing the following: (a) Cooling System. The proposed cooling system for the Data Center and whether the Data Center will be water-cooled or air-cooled. The report must verify that the operation of the data center will not generate additional heat beyond the property line. (b) An energy management plan describing the data center’s power use effectiveness, waste heat recovery measures, and on-site or off-site renewable electricity generation. (c) Water usage. (i) The estimated amount of total water in million gallons that will be used by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected water demand for each month within that year. (ii) The estimated amount of water in million gallons per day that will be used by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (iii) The estimated amount of water in million gallons per day to be used by the proposed project in a 24-hour period on its highest water consumption day. (iv) The estimated highest instantaneous flow rate in gallons per minute that will be used by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. (v) Indicate high consumption operational flexibility and whether high water demands can be aligned with the City’s low-demand periods. (vi) The number of the proposed water meters and the size of each water meter for the proposed project. (vii) Fire flow requirements and capacity to provide fire flow for the proposed data center, as reviewed and approved by both the Fire Marshal and the Utilities Department. (d) Wastewater discharge. (i) The estimated amount of total wastewater in million gallons that will be discharged by the proposed project and associated land use for a calendar year, along with a monthly breakdown of projected wastewater discharge for each month within that year. (ii) The estimated amount of wastewater in million gallons per day that will be discharged by the proposed project during a typical 24-hour operational period under normal conditions, including anticipated usage patterns. (iii) The estimated amount of wastewater in million gallons per day to be discharged by the proposed project in a 24-hour period on its highest water consumption day. (iv) The estimated highest instantaneous flow rate in gallons per minute that will be discharged by the project along with the minimum, average, and maximum durations and frequencies of these flow conditions. (v) Indicate high discharge operational flexibility. Identify if high wastewater discharges can be aligned with the City’s low-demand periods. (vi) Identify chemicals or compounds that will or may be used by the data center that could impact wastewater quality. The report should show the average amount of total dissolved solids on a daily basis and also show the amount of total dissolved solids during anticipated peak periods. (e) Any other information required by the City to determine whether the proposed data center will adversely impact the public interest. (2) Water supply. (a) If the data center will be served by a public water supply, the applicant shall submit documentation from the public water utility certifying that the public authority has the capacity to supply the water needed. The applicant shall provide any additional documentation requested by the public water utility in order to determine whether sufficient current and future capacity exists. (b) Additionally, the applicant shall submit documentation from Beaver Water District certifying that it has sufficient current and future capacity and the needs of the data center will not adversely impact its ability to deliver water to its customers. (c) If the data center intends to rely upon a nonpublic groundwater source or is to rely on surface water withdrawal for any portion of its cooling system, the applicant shall provide a water feasibility study using parameters approved by the Public Works Director to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity. (3) Power supply. (a) If the data center will be served by a public electric utility, the applicant shall submit documentation from that utility certifying that the utility will supply the power needed and that other customers/users within the utility’s service area will not be negatively impacted. This documentation shall identify any required transmission, generation, or substation upgrades. (b) If the data center intends to rely fully upon power sources other than from a public electric utility, the applicant shall provide a feasibility study establishing that the non-public power source is adequate to supply all of the data center’s power needs. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 (c) If the data center intends to partially rely upon electric power supplied by a public electric utility as well as alternative power sources, the applicant shall provide: 1) documentation from the utility certifying that the utility will supply the power needed; and 2) a feasibility study showing that the applicant’s reliance upon the public electric utility will not negatively impact other customers and users of the utility. (d) Data centers with backup generators shall comply with the following: (i) All diesel backup generators shall meet U.S. Environmental Protection Agency (EPA) Tier 4 emission standards. Generators rated below the Tier 4 threshold shall meet the highest applicable EPA Tier. (ii) Routine, non-emergency generator testing shall be limited to Monday through Friday, 10:00 a.m. to 4:00 p.m., excluding federal and state holidays. (iii) The operator shall provide written notice of any scheduled generator testing to all property owners within 1,000 feet not less than 24 hours in advance and shall maintain a public web page listing scheduled testing windows. (iv) Annual generator testing data and emissions reports shall be submitted to the Development Services Department. (v) All on-site fuel storage shall comply with applicable National Fire Protection Association codes, and applicable state and local requirements; a fuel-handling plan and spill response plan shall be filed with the Fayetteville Fire Department. (4) Cooling systems shall comply with the following requirements: (a) All cooling systems shall be either fully air-cooled or high efficiency liquid cooled systems, or equivalent technologies designed to minimize water consumption and wastewater discharge. Open-loop and once-through cooling systems are prohibited. Evaporative-only cooling systems that consume potable water as the primary cooling medium are prohibited. (b) On-site groundwater wells used as the primary cooling water source are prohibited. Wells used solely for landscape irrigation, fire suppression, or as makeup water for closed-loop systems remain permissible subject to applicable state and federal permitting. (c) All cooling water discharged to the sanitary sewer shall comply with the City of Fayetteville’s utility regulations. Chemically treated cooling water shall not be discharged to surface waters or stormwater systems. (D) Noise Attenuation Requirements. Before a data center has commenced construction or operating within this jurisdiction, the property owner and operator proposing to build a data center shall comply with the following: (1) Notice Requirements. The property owner and operator must notify all residents within a half-mile radius of the parcel, including any affiliated homeowners' association operating within the half-mile radius. that the property owner and operator intends to build and operate a data center on the property. The notice required in this section must be mailed to all property owners, residents, and homeowners' association addresses contained within a half-mile radius extending from the boundary of the site where the proposed data center will be built. Proof of notification shall be filed with the Planning Division within thirty (30) days of providing notice. The property owner and operator must notify the Mayor that the property owner and operator intend to build and operate a data center. The notice must include the location for the proposed data center. This public notification shall occur at the same time as any other notification required by Chapter 157. If no public hearing is required, then this notification shall occur no less than thirty (30) days prior to the submission of the applicant's development or business license application. whichever occurs first. (2) Noise Study Requirements. The property owner of the lands upon which the data center is to be located shall conduct a sound study performed by a third-party acoustic engineer to document baseline sound levels in the area of the proposed data center, including noise levels measured at the boundary of the site in eight (8) locations (north, south, east, west, northeast, northwest, southeast, southwest.) The report of the study must include sound mitigation recommendations based on the Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 results of the sound study. The property owner must provide a copy of the report of the study to the Planning Division within thirty (30) days of completion of the report. (3) Noise Attenuation Plan Requirements. (a) The property owner must consult with a third-party architectural or design firm to develop a building plan that includes necessary noise attenuation measures in order to prevent the external sound level emanating from the data center from exceeding the sound level limitations contained in in Chapter 96, Noise Control, which would be considered a noise disturbance. The building plan is not required to adopt any or all of the noise attenuation recommendations so long as the plan includes noise attenuation measures that the city deems adequate to be in compliance with this section. Noise attenuation measures may include but not limited to: (i) Soundproofing walls, screens, panels, fences, or enclosures. (ii) Buffer yards. (iii) Other noise attenuation measures recommended by the third-party acoustic engineer or the city. (b) Mechanical equipment must be shown on any proposed plan and must be fully screened on all sides. Mechanical equipment not screened by a facade of the building must be screened by a visually solid fence, screen wall or panel, or parapet wall and constructed with a design, materials, details, and treatment compatible with those used on the nearest facade of the building. (c) The property owner must provide a copy of the building plan to the city within thirty (30) days of completion of the plan prior to construction. (d) Any additions, changes, or expansions of the data center must comply with the noise attenuation requirements of this section and must be designed and submitted to the city within thirty (30) days of completion of the report. (4) Post Completion Noise Study Requirements. (a) Upon the data center's completion, the data center operator must conduct a post-construction noise study performed by a third-party acoustic engineer to document noise levels emanating from the data center when mechanical equipment is running at full capacity, including all HVAC units and generators necessary for peak operation. Noise levels are to be measured at the boundary of the site in the original eight (8) locations used during the baseline study. The data center operator must provide a copy of the report to the city within ten (10) days of completion of the study. (b) The data center shall not begin operations until the completion of the post-construction noise study and submission to the city as required above. In order for the data center to be in compliance, the noise study results must show that its operation is in compliance with this section and will not adversely impact residential neighbors. If the results show that the data center is not in compliance with this section or will adversely impact residential neighbors, the data center will be unable to commence operation until the required noise attenuation measures and noise limitations are met.(c) Furthermore, the data center operator must conduct annual noise studies under the baseline and post-construction studies specifications in accordance with subsections (a) and (b) above. The data center operator must provide the results to the city within ten (10) days after the anniversary date of the first sound study report. (5) Procedure for Measurement. All tests shall be conducted according to the procedures set forth in Chapter 96, Noise Control. (6) Noise Limitations. It shall be unlawful for any data center to make, or continue to cause or permit to be made or continued, noise levels constituting a noise disturbance. For the purposes of this section, the Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 external noise level emanating from data centers shall be deemed disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public, or their property. if the sound level does not comply with the limits set forth in Chapter 96, Noise Control. (E) Setback Requirements. Data centers shall be subject to setback requirements as follows (1) When adjoining an I-1 or I-2 zoning district, the building shall be located at least 100 feet from the boundary line. (2) When adjoining any other zoning district, the building shall be located at least 1,000 feet from any boundary line. (3) A minimum 1,000 foot buffer shall be maintained between the data center and any zoning district that permits residential uses, whether adjoining the data center or not. In no event shall any data center building be located within 1,000 feet of any zoning district that permits residential uses. (F) Landscape Buffers. A landscape buffer approved by the Urban Forester of not less than 50 feet in width shall be installed along any frontage abutting an I-1 or I-2 zoning district. A buffer approved by the Urban Forester of not less than 100 feet in width shall be installed along any frontage abutting any other zoning district. (G) Monitoring and reporting requirements. The data center must identify a single point of contact for the community and maintain a public web page that includes noise verification reports. A data center’s annual reporting requirements include compilation of all complaints received and the data center operator’s response to those complaints. (H) Violations and Penalties. Violations of the noise limitations shall be subject to the enforcement and penalty provisions of Chapter 96, Noise Control, as well as any remedies available to the city pursuant to the Unified Development Code, state or federal law. Violations of other provisions of this section shall be subject to the enforcement and penalty provisions of the Unified Development Code. (1) Any or all of the following persons may be held responsible for noise violations: (a) The person operating the equipment or creating the noise; (b) The person who employs the person operating the equipment or creating the noise at the time of the violation; (c) The person who owns or rents the property where the violation occurs. (2) The following acts, and the causing thereof, are declared to be in violation of this section: (a) The sound level emanating from the data center exceeds that allowed by Chapter 96, Noise Control. (b) The noise attenuation measures provided in the design plan to the city are not incorporated in the construction of the data center. (c) Any of the required sound study results are not filed with the city within thirty (30) days of completion of the report. (d) The building plan is not filed with the city within thirty (30) days of completion of the plan prior to construction. (e) Failure to act in accordance with any other provision of this section. (3) All data centers shall be in compliance with the requirements of this section before the city will issue a certificate of occupancy; failure to do so will be deemed a violation of this section and may result in an injunction, a stay in commencing operation, denial of allowed occupancy, or denial or withdrawal of city utilities or services. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816