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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§ 31-107. Specific Use Permit (SUP*) --Approval. (a) A Specific Use Permit* shall be required only for Data Center uses designated as SUP* in the Official Land Use Matrix. (b) An application for SUP* approval shall comply with this section, the Zoning Ordinance, DSM -002, and all other applicable City requirements. (c) The Planning and Zoning Commission shall review the SUP* application and make a recommendation to the City Council. (d) The City Council may approve, approve with conditions, or deny the SUP*. (e) Approval of a Specific Use Permit shall not relieve the applicant from obtaining any other permit, approval, agreement, authorization, or development approval required by this Code or other applicable law. (f) The City Council may impose conditions necessary to protect the public health, safety, and welfare and to mitigate land use, infrastructure, utility, fire protection, emergency response, environmental, operational, decommissioning, and compatibility impacts. § 31-108. Permitted with Standards (P*) (a) A Data Center use will be permitted by right in zoning districts designated by P* in the Official Land Use Matrix by making application with the City as provided in DSM - 002, if, and only if, the application complies with this section, the Zoning Ordinance, DSM -002, and all other applicable City requirements. (b) City Staff shall review the P* and approve or deny the application. (c) Approval of the application shall not relieve the applicant from obtaining any other permit, approval, agreement, authorization, or development approval required by this Code or other applicable law. § 31-109. Approval criteria—SUP*. The City Council shall not approve an SUP* for a Data Center unless the City Council finds that the proposed use: (a) is consistent with the Comprehensive Plan and Future Land Use Plan; (b) is located in a zoning district eligible for the proposed Data Center classification; (c) is compatible with surrounding existing and planned land uses; (d) will not materially impair existing or future residential, commercial, retail, mixed-use, public, institutional, park, open -space, or agricultural development areas; Page 12 of 26