2026-027 - Amendments to Exhibit 9B, Zoning Ordinance, addition of Section 31, Data Center, to establish regulations governing Data Center Facilities

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(b) No Data Center shall be permitted in the Agricultural (A) District. Property located in the Agricultural (A) District must first be rezoned to an eligible zoning district before any Data Center use may be considered. (c) Rezoning of property from Agricultural (A) District to an eligible zoning district shall not create any entitlement to Data Center approval. Any required SUP*, site plan, plat, engineering approval, utility approval, building permit, fire permit, certificate of occupancy, development agreement, and other City approvals shall remain independently required. (d) Data Center classifications shall be permitted only in the zoning districts identified in the Official Land Use Matrix. (e) The applicable approval classification, whether by P* or SUP*, shall be as established by the Official Land Use Matrix. (f) Nothing in this Section shall authorize a Data Center use in a zoning district where such use is not identified in the Official Land Use Matrix. (g) A Data Center with BESS may be considered through one integrated SUP* when the Data Center and BESS are proposed as one coordinated project. The BESS component shall comply with the City's adopted BESS regulations and manual. A separate SUP shall not be required for the BESS component unless the BESS is proposed as a separate principal use, is added later as a material change, serves uses other than the Data Center, or is otherwise required by the City Council as a condition of approval. (h) No Data Center shall be permitted in any residential, multifamily, manufactured home, neighborhood service, general retail, public land/institutional, parks/recreation, or Agricultural zoning district. § 31-104. Application procedure. To ensure compliance with the standards set forth in this Ordinance and in the DSM - 002, a person seeking to construct and/or operate any Data Center, whether by P* or SUP*, shall make application according to the procedures set forth in DSM -002. Approval of a Data Center application requiring and SUP* shall require approval of the City Council. Approval of a Data Center application in a zoning district in which a Data Center is permitted by right with standards (P*) will be made done administratively provided that the applicant has satisfied all requirements set forth herein and in DSM - 002. Any application for a Data Center via P* shall be denied if said requirements are not met. Page 10 of 25