HomeMy WebLinkAboutOrdinance 7028
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7028
File Number: 2026-2631
AN ORDINANCE TO STRENGTHEN THE CITY’S DATA CENTER REGULATIONS BY AMENDING §
163.20 DATA CENTERS OF THE UNIFIED DEVELOPMENT CODE, TO AMEND THE DEFINITION OF
DATA CENTER IN § 151.01 DEFINITIONS, AND TO DECLARE AN EMERGENCY
WHEREAS, on June 16, 2026, the City Council passed Ordinance 7010 making data centers a conditional use in the
City and providing for regulations related to water and power usage; and
WHEREAS, the City Council has determined that additional regulations on data center are warranted with regard to
the initial application, wastewater discharge, battery storage, generator use, cooling systems, noise levels, and
monitoring and reporting requirements; and
WHEREAS, the definition of data center should be amended to ensure that any on-site or off-site power generation
equipment serving a data center is also covered by the data center regulations; and
WHEREAS, the provisions of this Ordinance are enacted for the purpose of preserving and protecting the public
peace, 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 § 163.20 Data Centers by
repealing § 163.20 in its entirety and enacts a replacement § 163.20 Data Centers as shown in Exhibit A and attached
hereto.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the definition of data center in §
151.01 Definitions as follows:
“Data center. A facility constructed and operated that is engaged in storage, management, processing, and transmission
of digital data, including facilities used for cryptocurrency mining, which houses networked computer systems along
with supporting equipment such as on-site or off-site private power generation equipment, batteries, back-up power
generators, HVAC and cooling systems. A data center does not include a dwelling unit used for home digital asset
mining as defined by Ark. Code Ann. §14-1-501, et seq.”
Section 3: 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
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Ordinance: 7028
File Number: 2026-2631
Page 2
public peace as well as the health and safety of Fayetteville residents 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 August 18, 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: $ 22214.3214.214.32
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2631
MEETING OF AUGUST 18, 2026
TO: Mayor Rawn and City Council
THROUGH: Blake Pennington, Senior Assistant City Attorney
FROM: Scott Berna, Ward 3, Position 1
SUBJECT: AMEND § 163.20 DATA CENTERS
RECOMMENDATION:
AMEND § 163.20 DATA CENTERS
BACKGROUND:
On June 16, 2026, the City Council passed Ordinance 7010 making data centers a conditional use in the City
and providing for regulations related to water and power usage.
DISCUSSION:
The City Council has determined that additional regulations on data center are warranted with regard to the
initial application, wastewater discharge, battery storage, generator use, cooling systems, noise levels, and
monitoring and reporting requirements. The provisions of this Ordinance are enacted for the purpose of
preserving and protecting the public peace, health, safety, welfare and property of the residents of Fayetteville.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Exhibit A, 4. Revisions Forwarded by Ordinance Review Committee, 5. Agenda Request
Packet - Ordinance Review Committee, 6. Ordinance Review Committee Chair Email Approval, 7. Additional
Information - ORC Recommended Data Center Amendments, 8. Additional Information - Blake Pennington
Memo
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2631
AN ORDINANCE TO STRENGTHEN THE CITY’S DATA CENTER REGULATIONS BY
AMENDING § 163.20 DATA CENTERS OF THE UNIFIED DEVELOPMENT CODE, TO
AMEND THE DEFINITION OF DATA CENTER IN § 151.01 DEFINITIONS, AND TO
DECLARE AN EMERGENCY
WHEREAS, on June 16, 2026, the City Council passed Ordinance 7010 making data centers a
conditional use in the City and providing for regulations related to water and power usage; and
WHEREAS, the City Council has determined that additional regulations on data center are warranted
with regard to the initial application, wastewater discharge, battery storage, generator use, cooling
systems, noise levels, and monitoring and reporting requirements; and
WHEREAS, the definition of data center should be amended to ensure that any on-site or off-site power
generation equipment serving a data center is also covered by the data center regulations; and
WHEREAS, the provisions of this Ordinance are enacted for the purpose of preserving and protecting
the public peace, 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 § 163.20 Data
Centers by repealing § 163.20 in its entirety and enacts a replacement § 163.20 Data Centers as shown
in Exhibit A and attached hereto.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the definition of
data center in § 151.01 Definitions as follows:
“Data center. A facility constructed and operated that is engaged in storage, management, processing,
and transmission of digital data, including facilities used for cryptocurrency mining, which houses
networked computer systems along with supporting equipment such as on-site or off-site private power
generation equipment, batteries, back-up power generators, HVAC and cooling systems. A data center
does not include a dwelling unit used for home digital asset mining as defined by Ark. Code Ann. §14-1-
501, et seq.”
Section 3: 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
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Ordinance: 7028
File Number: 2026-2631
Page 2
developments, which is necessary for the public peace as well as the health and safety of Fayetteville
residents 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: 66505472-DB52-8DA2-81F6-E61308508C1A
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) Initial Reports Required with Application. 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.
(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: 66505472-DB52-8DA2-81F6-E61308508C1A
(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) Copies of all air quality permit applications, modeling, permits and compliance materials submitted to the
federal Environmental Protection Agency or the Arkansas Department of Energy and Environment in
connection with the facility shall be provided at the time of conditional use permit application submittal.
(D) Water Supply and Wastewater Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Wastewater Discharge. A data center shall comply with all applicable discharge and pretreatment
regulations set forth in Chapter 51 Water and Sewers of the Fayetteville City Code for significant
industrial users. The Utilities Department may include additional conditions and such limitations such as
monitoring of the discharge of wastewater into the public sewer system before approving any water or
sewer connection.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(E) Power Supply Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Data centers shall use battery storage as the primary power backup source and backup generators shall
not be used unless and until battery storage is limited to 25% or less.
(5) 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. Testing of the generators, including emissions
testing, shall meet federal government/industry standards which may be reasonably modified by
the Fayetteville City Engineer to ensure compatibility with neighbors.
(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.
(F) Cooling System Requirements:
(1) 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.
(2) 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.
(3) Chemically treated cooling water shall not be discharged to surface waters or stormwater systems and
shall comply with the City’s discharge and pretreatment regulations.
(G) 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
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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
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 Chapter 96, Noise Control, which would be considered a noise disturbance.
Furthermore, noise emanating from a data center will also be considered unreasonable and
excessive and a noise disturbance if it is “plainly audible” at a residence at a distance of 1,000
feet or more from the data center. For purposes of this section, “plainly audible” means any
sound produced by the data center which clearly can be heard by human auditory senses. 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.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(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
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.
(H) 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.
(I) 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.
(J) Monitoring and reporting requirements. Data centers shall be subject to the following ongoing monitoring and
reporting requirements.
(1) The data center must identify a single point of contact for the community and maintain a public web page
that includes noise verification reports.
(2) An annual report shall be submitted to the Planning Division which should be posted on the City’s public
web page containing:
(a) A compilation of all complaints received related to the data center’s compliance with the
conditional use permit and these regulations and the data center operator’s response to those
complaints.
(b) Certification that the data center is in compliance with all conditions of the permit. Copies of test
results and reports related to any condition or requirement of the permit shall be included with
the certification.
(c) Copies of any annual compliance reports required to be submitted to state and federal
authorities.
(3) Any owner or operator who receives a notice of violation, compliance order, or enforcement action from
any federal or state agency shall provide a copy to the Planning Division within ten business days of
receipt.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(K) Expansion of Data Center Requires Amendment to Permit. Any data center proposing to expand beyond the
physical footprint or building volume or any increase in IT infrastructure, cooling capacity, generator capacity,
heat-rejection equipment, equipment height, or operating profile that increases electrical or water-use loads
as approved in its conditional use permit shall require an amendment to the conditional use permit.
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.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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) Initial Reports Required with Application. 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.
(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: 66505472-DB52-8DA2-81F6-E61308508C1A
(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) Copies of all air quality permit applications, modeling, permits and compliance materials submitted to the
federal Environmental Protection Agency or the Arkansas Department of Energy and Environment in
connection with the facility shall be provided at the time of conditional use permit application submittal.
(D) Water Supply and Wastewater Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Wastewater Discharge. A data center shall comply with all applicable discharge and pretreatment
regulations set forth in Chapter 51 Water and Sewers of the Fayetteville City Code for significant
industrial users. The Utilities Department may include additional conditions and such limitations such as
monitoring of the discharge of wastewater into the public sewer system before approving any water or
sewer connection.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(E) Power Supply Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Data centers shall use battery storage as the primary power backup source and backup generators shall
not be used unless and until battery storage is limited to 25% or less.
(5) 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. Testing of the generators, including emissions
testing, shall meet federal government/industry standards which may be reasonably modified by
the Fayetteville City Engineer to ensure compatibility with neighbors.
(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.
(F) Cooling System Requirements:
(1) 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.
(2) 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.
(3) Chemically treated cooling water shall not be discharged to surface waters or stormwater systems and
shall comply with the City’s discharge and pretreatment regulations.
(G) 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
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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
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.
Furthermore, noise emanating from a data center will also be considered unreasonable and
excessive and a noise disturbance if it is “plainly audible” at a residence at a distance of 1,000
feet or more from the data center. For purposes of this section, “plainly audible” means any
sound produced by the data center which clearly can be heard by human auditory senses. 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.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(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 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.
(H) 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.
(H) 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.
(I) Monitoring and reporting requirements. Data centers shall be subject to the following ongoing monitoring and
reporting requirements.
(1) The data center must identify a single point of contact for the community and maintain a public web page
that includes noise verification reports.
(2) An annual report shall be submitted to the Planning Division which should be posted on the City’s public
web page containing:
(a) A compilation of all complaints received related to the data center’s compliance with the
conditional use permit and these regulations and the data center operator’s response to those
complaints.
(b) Certification that the data center is in compliance with all conditions of the permit. Copies of test
results and reports related to any condition or requirement of the permit shall be included with
the certification.
(c) Copies of any annual compliance reports required to be submitted to state and federal
authorities.
(3) Any owner or operator who receives a notice of violation, compliance order, or enforcement action from
any federal or state agency shall provide a copy to the Planning Division within ten business days of
receipt.
(J) Expansion of Data Center Requires Amendment to Permit. Any data center proposing to expand beyond the
physical footprint or building volume or any increase in IT infrastructure, cooling capacity, generator capacity,
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
heat-rejection equipment, equipment height, or operating profile that increases electrical or water-use loads
as approved in its conditional use permit shall require an amendment to the conditional use permit.
(K) 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 stud y 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.
(4) If a data center is operated in violation of any provision of this section, the data center may be subject
to the following:
(a) the Mayor may order the withholding of all city services including water and solid waste for the
business premises;
(b) suspension or revocation of the data center’s business license pursuant to § 118.03;
(c) penalties pursuant to § 10.99 General Penalty of the City Code;
(d) the Planning Commission may revoke a conditional use permit; and
(e) any other enforcement actions available pursuant to Chapter 153 Enforcement of the Unified
Development Code.
(L) These provisions and any conditions placed upon a data center by the Planning Commission are intended
to regulate land use only and are not intended to regulate utility rates or services. Nothing in this section
shall be construed to interfere with the authority of any public utility, the Arkansas Public Service
Commission, or any other state agency with jurisdiction pursuant to Arkansas law.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
CivicClerk No.: 2026-2631
AGENDA REQUEST FORM
FOR: Council Meeting of August 18, 2026
FROM: Scott Berna
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO STRENGTHEN THE CITY’S DATA CENTER REGULATIONS BY
AMENDING § 163.20 DATA CENTERS OF THE UNIFIED DEVELOPMENT CODE, AND
TO DECLARE AN EMERGENCY
APPROVED FOR AGENDA:
___________________________________ _______________
Council Member Scott Berna Date
Chair of Ordinance Review Committee
___________________________________ _______________
Blake Pennington, Sr. Asst. City Attorney Date
Approved as to form
___________________________________ _______________
Mayor Molly Rawn Date
Acknowledgement
Approved by email 7/31/2026
7/31/2026
Acknowledged by email 8/5/2026
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
AN ORDINANCE TO STRENGTHEN THE CITY’S DATA CENTER REGULATIONS BY
AMENDING § 163.20 DATA CENTERS OF THE UNIFIED DEVELOPMENT CODE, AND
TO DECLARE AN EMERGENCY
WHEREAS, on June 16, 2026, the City Council passed Ordinance 7010 making data centers a
conditional use in the City and providing for regulations related to water and power usage; and
WHEREAS, the City Council has determined that additional regulations on data center are
warranted with regard to the initial application, wastewater discharge, battery storage, generator
use, cooling systems, noise levels, and monitoring and reporting requirements; and
WHEREAS, the provisions of this Ordinance are enacted for the purpose of preserving and
protecting the public peace, 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 § 163.20
Data Centers by repealing § 163.20 in its entirety and enacts a replacement § 163.20 Data
Centers as shown in Exhibit A and attached hereto.
Section 2: 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 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: 66505472-DB52-8DA2-81F6-E61308508C1A
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) Initial Reports Required with Application. 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.
(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: 66505472-DB52-8DA2-81F6-E61308508C1A
(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) Copies of all air quality permit applications, modeling, permits and compliance materials submitted to the
federal Environmental Protection Agency or the Arkansas Department of Energy and Environment in
connection with the facility shall be provided at the time of conditional use permit application submittal.
(D) Water Supply and Wastewater Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Wastewater Discharge. A data center shall comply with all applicable discharge and pretreatment
regulations set forth in Chapter 51 Water and Sewers of the Fayetteville City Code for significant
industrial users. The Utilities Department may include additional conditions and such limitations such as
monitoring of the discharge of wastewater into the public sewer system before approving any water or
sewer connection.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(E) Power Supply Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Data centers shall use battery storage as the primary power backup source and backup generators shall
not be used unless and until battery storage is limited to 25% or less.
(5) 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. Testing of the generators, including emissions
testing, shall meet federal government/industry standards which may be reasonably modified by
the Fayetteville City Engineer to ensure compatibility with neighbors.
(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.
(F) Cooling System Requirements:
(1) 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.
(2) 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.
(3) Chemically treated cooling water shall not be discharged to surface waters or stormwater systems and
shall comply with the City’s discharge and pretreatment regulations.
(G) 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
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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
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 Chapter 96, Noise Control, which would be considered a noise disturbance.
Furthermore, noise emanating from a data center will also be considered unreasonable and
excessive and a noise disturbance if it is “plainly audible” at a residence at a distance of 1,000
feet or more from the data center. For purposes of this section, “plainly audible” means any
sound produced by the data center which clearly can be heard by human auditory senses. 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.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(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 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.
(H) 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.
(I) 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.
(J) Monitoring and reporting requirements. Data centers shall be subject to the following ongoing monitoring and
reporting requirements.
(1) The data center must identify a single point of contact for the community and maintain a public web page
that includes noise verification reports.
(2) An annual report shall be submitted to the Planning Division which should be posted on the City’s public
web page containing:
(a) A compilation of all complaints received related to the data center’s compliance with the
conditional use permit and these regulations and the data center operator’s response to those
complaints.
(b) Certification that the data center is in compliance with all conditions of the permit. Copies of test
results and reports related to any condition or requirement of the permit shall be included with
the certification.
(c) Copies of any annual compliance reports required to be submitted to state and federal
authorities.
(3) Any owner or operator who receives a notice of violation, compliance order, or enforcement action from
any federal or state agency shall provide a copy to the Planning Division within ten business days of
receipt.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(K) Expansion of Data Center Requires Amendment to Permit. Any data center proposing to expand beyond the
physical footprint or building volume or any increase in IT infrastructure, cooling capacity, generator capacity,
heat-rejection equipment, equipment height, or operating profile that increases electrical or water-use loads
as approved in its conditional use permit shall require an amendment to the conditional use permit.
(L) 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 stud y 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.
(4) If a data center is operated in violation of any provision of this section, the data center may be subject
to the following:
(a) the Mayor may order the withholding of all city services including water and solid waste for the
business premises;
(b) suspension or revocation of the data center’s business license pursuant to § 118.03;
(c) penalties pursuant to § 10.99 General Penalty of the City Code;
(d) the Planning Commission may revoke a conditional use permit; and
(e) any other enforcement actions available pursuant to Chapter 153 Enforcement of the Unified
Development Code.
(M) These provisions and any conditions placed upon a data center by the Planning Commission are intended
to regulate land use only and are not intended to regulate utility rates or services. Nothing in this section
shall be construed to interfere with the authority of any public utility, the Arkansas Public Service
Commission, or any other state agency with jurisdiction pursuant to Arkansas law.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
1
Pennington, Blake
From:Berna, Scott
Sent:Friday, July 31, 2026 3:46 PM
To:Pennington, Blake
Cc:Williams, Kit; Hungate, Hannah; Barnes, Stacy
Subject:Re: Data Center Ordinance
Approved please move forward.
Scott
Get Outlook for iOS
From: Pennington, Blake <bpennington@fayetteville-ar.gov>
Sent: Friday, 31 July 2026 15:39:54
To: Berna, Scott <scott.berna@fayetteville-ar.gov>
Cc: Williams, Kit <kwilliams@fayetteville-ar.gov>; Hungate, Hannah <hhungate@fayetteville-ar.gov>; Barnes, Stacy
<sbarnes@fayetteville-ar.gov>
Subject: Data Center Ordinance
Scott, attached is the agenda request form, ordinance and exhibit for the item forwarded by the ORC. If it
looks good to you we’ll get it going in Civic Clerk for the August 18 agenda. I’ll also include as an
additional attachment the highlighted version so everyone can see the changes that are being
recommended.
Thanks and have a good weekend.
Blake
Blake E. Pennington
Senior Assistant City Attorney
City of Fayetteville, Arkansas
bpennington@fayetteville-ar.gov
Direct: 479.575.8312
www.fayetteville-ar.gov
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
08/11/2026
01:29 PM
Blake Pennington, Senior Assistant City
Attorney
City Council
08/18/2026
2026-2631
n/a
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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) Initial Reports Required with Application. 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.
(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: 66505472-DB52-8DA2-81F6-E61308508C1A
(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) Copies of all air quality permit applications, modeling, permits and compliance materials submitted to the
federal Environmental Protection Agency or the Arkansas Department of Energy and Environment in
connection with the facility shall be provided at the time of conditional use permit application submittal.
(D) Water Supply and Wastewater Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Wastewater Discharge. A data center shall comply with all applicable discharge and pretreatment
regulations set forth in Chapter 51 Water and Sewers of the Fayetteville City Code for significant
industrial users. The Utilities Department may include additional conditions and such limitations such as
monitoring of the discharge of wastewater into the public sewer system before approving any water or
sewer connection.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(E) Power Supply Requirements.
(1) 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.
(2) 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.
(3) 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.
(4) Data centers shall use battery storage as the primary power backup source and backup generators shall
not be used unless and until battery storage is limited to 25% or less.
(5) 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. Testing of the generators, including emissions
testing, shall meet federal government/industry standards which may be reasonably modified by
the Fayetteville City Engineer to ensure compatibility with neighbors.
(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.
(F) Cooling System Requirements:
(1) 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.
(2) 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.
(3) Chemically treated cooling water shall not be discharged to surface waters or stormwater systems and
shall comply with the City’s discharge and pretreatment regulations.
(G) 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
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
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
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.
Furthermore, noise emanating from a data center will also be considered unreasonable and
excessive and a noise disturbance if it is “plainly audible” at a residence at a distance of 1,000
feet or more from the data center. For purposes of this section, “plainly audible” means any
sound produced by the data center which clearly can be heard by human auditory senses. 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.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
(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 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.
(H) 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.
(H) 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.
(I) Monitoring and reporting requirements. Data centers shall be subject to the following ongoing monitoring and
reporting requirements.
(1) The data center must identify a single point of contact for the community and maintain a public web page
that includes noise verification reports.
(2) An annual report shall be submitted to the Planning Division which should be posted on the City’s public
web page containing:
(a) A compilation of all complaints received related to the data center’s compliance with the
conditional use permit and these regulations and the data center operator’s response to those
complaints.
(b) Certification that the data center is in compliance with all conditions of the permit. Copies of test
results and reports related to any condition or requirement of the permit shall be included with
the certification.
(c) Copies of any annual compliance reports required to be submitted to state and federal
authorities.
(3) Any owner or operator who receives a notice of violation, compliance order, or enforcement action from
any federal or state agency shall provide a copy to the Planning Division within ten business days of
receipt.
(J) Expansion of Data Center Requires Amendment to Permit. Any data center proposing to expand beyond the
physical footprint or building volume or any increase in IT infrastructure, cooling capacity, generator capacity,
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
heat-rejection equipment, equipment height, or operating profile that increases electrical or water-use loads
as approved in its conditional use permit shall require an amendment to the conditional use permit.
(K) 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 stud y 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.
(4) If a data center is operated in violation of any provision of this section, the data center may be subject
to the following:
(a) the Mayor may order the withholding of all city services including water and solid waste for the
business premises;
(b) suspension or revocation of the data center’s business license pursuant to § 118.03;
(c) penalties pursuant to § 10.99 General Penalty of the City Code;
(d) the Planning Commission may revoke a conditional use permit; and
(e) any other enforcement actions available pursuant to Chapter 153 Enforcement of the Unified
Development Code.
(L) These provisions and any conditions placed upon a data center by the Planning Commission are intended
to regulate land use only and are not intended to regulate utility rates or services. Nothing in this section
shall be construed to interfere with the authority of any public utility, the Arkansas Public Service
Commission, or any other state agency with jurisdiction pursuant to Arkansas law.
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A
Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A