Planning commission forwards data-center zoning rules with amendments after hours of testimony

The Oldham County Planning and Zoning Commission voted to recommend adoption of a new zoning text amendment creating Section 250-340 (data centers) after hours of staff presentation, expert input and public comment.

Ryan Fisher, director of Oldham County Planning, opened the staff presentation and described the draft regulations as intended to define and control data centers "to minimize their impact on surrounding properties, ensure compatibility and promote sustainable development." Fisher said the draft addresses permitted zones, building design, equipment setbacks, screening, generator standards and testing, cooling and water use, impact studies, and notification procedures. He described a multi-month study review and task-force process that included meetings in April, May, June and additional task force meetings over the summer.

Key provisions in the draft included: limiting data centers by right to the C-4, I-1, I-2 and IPD districts; requiring a 1,000-foot equipment setback from adjoining residentially zoned or residentially used properties; building aesthetics and facade treatment to reduce the industrial appearance; placement and screening of ground-mounted equipment; sound attenuation and minimum screening heights (a minimum 10-foot sound-damping barrier or 2 feet above generator height, whichever is greater); restrictions on generator use to emergency/backup only (testing limited to no more than once per week and restricted hours); requirement that liquid cooling use closed-loop systems and that water for cooling come from municipal sources; and neighborhood meeting and 500-foot mailed-notice requirements prior to filing an application.

Oldham County staff and consultants clarified technical points. A staff member who identified stormwater as the jurisdiction of MS4 permitting noted wastewater discharge and suggested explicitly requiring a state NPDES/KPDES permit where applicable. A county reviewer urged that traffic review focus on the impact of construction travel on local roads rather than long-term site-generated trips; the commission adopted revised wording to require a roadway impact assessment after consultation with the County Engineer's Office to evaluate construction impacts.

Public comment spanned a wide range of views. Several school board members and current and former school officials urged larger buffers between schools and data centers. Suzanne Hundley and another school board member recommended setbacks of 1,500 to 2,000 feet from school properties; speakers cited concerns about noise, vibration, future school sites and preserving classroom environments. Local residents, technologists and some task-force members said properly regulated data centers can bring jobs and tax revenue; technical speakers from the task force and industry urged not to single out small and medium data centers and emphasized that many technical risks can be mitigated by design, including sound abatement measures.

Commission amendments and committee decisions

During final consideration the commission debated and voted on a number of proposed edits. The commission adopted several specific changes recorded in the hearing record: a requirement that data-center equipment and structures be at least 1,500 feet from school lot lines (motion adopted 7–5); retention of the existing cooling/water wording that requires municipal source water and treatment prior to discharge when applicable; a change requiring a roadway impact assessment focused on construction traffic (adopted); a requirement that applicants consider potential electromagnetic interference and consult the FAA for aeronautical/electromagnetic issues (adopted); and a clarification allowing chain-link/barbed-wire style security fencing specifically around on-site fuel storage while maintaining higher aesthetic standards for boundary fencing (adopted). The commission also voted to change one architectural requirement from a mandatory "must" to a recommended "should" for principal facades.

Several other proposed edits were considered and failed to pass, including motions to require a binding decommissioning bond or a hard deadline (for example, requiring demolition if a facility remains unused for a specified number of years).

After deliberation and incorporation of the adopted edits, Commissioner Elder moved to recommend the revised text amendment to the member legislative bodies; Commissioner Hampton seconded. The commission approved the recommendation 12 to 0 and will forward the draft regulations and the Planning Commission record to Oldham County Fiscal Court and the participating municipal legislative bodies (Pewee Valley, Crestwood and LaGrange) for their action under the joint planning commission process.

What the rule would require if adopted

- Location: data centers permitted only in C-4, I-1, I-2 and IPD zoning districts unless a zoning change is approved. - Setbacks: 1,000-foot equipment setback from residential zoning/use; 1,500-foot setback specifically adopted for school lot lines by the commission. - Generators: backup generators limited to Tier 4 or higher emission standards; generator testing limited to no more than once per week during weekday hours specified in the draft; continuous generator use outside outages prohibited. - Cooling: liquid cooling must be closed-loop and use municipal water sources; discharge to municipal sewer only after required treatment; participation in a functional thermal-energy (heat-recapture) district would be mandatory if such a system exists and is operational. - Impact studies: pre- and post-construction noise studies (maximum 55 dBA at property lines as a threshold in the draft), traffic/roadway impact assessment focused on construction impacts, environmental assessment for sensitive areas, and health impact assessment for hyperscale facilities as determined after consultation with the health department. - Screening and aesthetics: strict screening and wall height requirements for ground-mounted equipment, parapet screening for roof equipment, and aesthetic standards for principal facades (now worded as guidance rather than an absolute requirement). - Notification and engagement: neighborhood meeting no later than 30 days prior to Technical Review Committee application and mailed notice to property owners within 500 feet of the subject property.

Next steps and implementation risks

The Planning Commission’s recommendation does not by itself adopt the ordinance. The draft and the Planning Commission’s record will be forwarded to Oldham County Fiscal Court and to each member jurisdiction in the joint planning area for their respective legislative actions. Several commenters urged that the county and applicants refine technical standards—particularly for low- and high-frequency noise, testing protocols, fuel storage security and water-permitting requirements—during agency review (TRC) and that the county coordinate with state permitting authorities on NPDES/KPDES and MS4 questions.