Commission amends zoning code to define data centers, adds conditional-use review and supplemental standards

The Planning Commission voted unanimously to amend Chapter 11 of the zoning ordinance to define "data center" and "accessory data center" and to treat data centers as a conditional use in the city’s heavier manufacturing districts.

Kyle Kearns, director of community development, said the draft takes a middle approach: placing primary data centers in M-2 heavy manufacturing as conditional uses so the commission can impose conditions through the conditional-use permit process. Kearns said the draft includes supplemental standards such as setbacks from residential districts, screening for ground-mounted equipment and fuel storage, and potential requirements for noise analysis when a proposed facility is close to other uses. He recommended removing a contradictory sentence about requiring a post-construction noise study "prior to issuance of any building permits or certificate of occupancy" because a facility cannot both be operating and awaiting a certificate of occupancy. He also recommended simplifying a provision tying approval to demonstrated non-adverse impacts on the electric utility’s availability, reliability, cost and safety because demonstrating that conclusively could be difficult and potentially overly restrictive.

Commissioners asked technical questions about scale and electrical demand. Kearns noted that other local industries also consume large amounts of power and that large users often require system upgrades or new transmission. Commissioner Austin observed the local grid could not supply an extreme hypothetical (100 MW) without substantial upgrades. During the public hearing, utility commissioner Kevin Fangman told the commission that "the typical data center in United States pulls a 100 megawatts, which is a lot," and reminded the commission that some data centers install on-site generation. The commission adopted the ordinance changes as presented by motion and vote, 7–0.