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2026-027 - Amendments to Exhibit 9B, Zoning Ordinance, addition of Section 31, Data Center, to establish regulations governing Data Center FacilitiesORDINANCE NO., 2026-027 AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710, AS AMENDED, TO ESTABLISH DATA CENTER USE REGULATIONS; ADOPT CHAPTER 9, EXHIBIT 913, § 315 "DATA CENTERS"; ADOPT DSM -002, "DATA CENTER DEVELOPMENT STANDARDS MANUAL;" AMEND THE LAND USE MATRIX TO ESTABLISH PERMITTED AND SPECIFIC USE PERMIT CLASSIFICATIONS FOR DATA CENTER USES; PROVIDE DEFINITIONS, DEVELOPMENT STANDARDS, AND ADMINISTRATIVE PROCEDURES; PROVIDE A SEVERABILITY CLAUSE; PROVIDE A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, WHEREAS, the City of Paris is a home -rule municipality operating under the Constitution and laws of the State of Texas and possesses authority to regulate zoning, land use, development, public infrastructure, subdivision, utilities, construction, fire safety, and related matters within its jurisdiction to protect the public health, safety, and welfare; and WHEREAS, the City has adopted Zoning Ordinance No. 1710, codified as Chapter 9, Exhibit 913, "Zoning Ordinance," of the Code of Ordinances of the City of Paris, Texas, which regulate the use of land, buildings, structures, and premises within the City; and WHEREAS, the City's current zoning ordinance does not adequately identify Data Centers as a defined lapd use and does not establish zoning districts, approval procedures, classifications, or development standards applicable thereto; and WHEREAS, the City Council finds that Data Centers constitute a unique land use due to their electrical demand, water consumption, cooling systems, emergency power systems, utility infrastructure, operational characteristics, and potential impacts on surrounding properties, and therefore should be regulated independently from warehouses, offices, manufacturing facilities, telecommunications facilities, utilities, and other industrial uses; and WHEREAS, the City Council further finds that appropriate regulation of Data Centers is necessary to promote compatible land use patterns, protect public infrastructure, preserve utility reliability, support emergency response capabilities, and minimize adverse impacts associated with noise, lighting, traffic, emissions, water demand, and other operational characteristics; and Page 1 of 25 WHEREAS, the City Council desires to establish clear and predictable zoning, development, and operational standards that encourage responsible investment while providing an efficient and consistent review process for Data Center development within the City; and WHEREAS, the City Council finds that the adoption of specialized development standards through the Data Center Development Standards Manual (DSM -002) will provide technical guidance and administrative procedures that may be updated as technology and industry practices evolve without requiring frequent amendments to the Zoning Ordinance; and WHEREAS, the City Council further finds that Data Center development requires coordinated review among multiple City departments and utility providers to ensure adequate infrastructure capacity, public safety, emergency access, engineering coordination, and long-term operational compatibility; and WHEREAS, the City Council desires to amend the Official Land Use Matrix to establish appropriate zoning classifications and approval procedures for various categories of Data Center development, including the use classifications of Permitted with Standards (P*) and Specific Use Permit with Standards (SUP*), thereby providing a flexible regulatory framework that may be applied to specialized land uses requiring supplemental development standards; and WHEREAS, on July 23, 2026, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on July 27, 2026, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance and the City Code of Ordinances, and having considered the recommendation of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance and the City Code of Ordinances, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 4 ayes and 1 nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Page 2 of 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: SECTION 1. Findings Incorporated. The findings and recitals set forth above are hereby found to be true and correct and are incorporated into this Ordinance for all purposes. SECTION 2. Amendment to Chapter 9, Exhibit 913, Zoning Ordinance, by Adding Section 31, "Data Centers." Chapter 9, Exhibit 913, "Zoning Ordinance," of the Code of Ordinances of the City of Paris, Texas, is hereby amended by adding Section 31, "Data Centers," as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3. Adoption of DSM -002, Data Center Development Standards Manual. (a) That the City of Paris DSM -002, Data Center Development Standards Manual, together with all appendices, forms, checklists, exhibits, and amendments thereto, is hereby adopted by reference as the City's administrative and technical standards manual governing the review, development, construction, operation, and decommissioning of Data Centers. (b) DSM -002 is attached hereto as Exhibit B and incorporated herein for all purposes. (c) DSM -002 shall apply to all Data Centers regulated by Chapter 9, Exhibit 913, Section 31, "Data Centers," and shall govern the review, approval, permitting, inspection, operation, monitoring, modification, discontinuance, decommissioning, and adaptive reuse of such facilities (d) DSM -002 shall not independently authorize a land use, create a zoning district, amend the Land Use Matrix, waive a Specific Use Permit requirement, allow a Data Center in the Agricultural (A) District, or authorize a Data Center in any district where such use is not eligible under Chapter 9, Exhibit 913, Zoning Ordinance, Section 31, "Data Centers." (e) In the event of a conflict between DSM -002 and Chapter 9, Exhibit 913, Zoning Ordinance, Section 31, "Data Centers," Section 31 shall control as to zoning district eligibility, land use authorization, Specific Use Permit requirements, and legislative approval criteria. Page 3 of 25 SECTION 4. Administration and Revisions to DSM -002 a) The City Manager or designee shall administer DSM -002 and may consult with the Building Official, City Planner, City Engineer, Fire Marshal, Public Works Director, and other affected City departments as necessary. (b) The City Manager or designee may issue written interpretations, forms, checklists, routing procedures, technical memoranda, and administrative guidance necessary for administration and implementation of DSM -002. (c) The City Manager or designee may approve minor administrative revisions to DSM - 002, including formatting corrections, typographical corrections, reference updates, application forms, checklists, routing procedures, departmental title changes, and revisions required by state or federal law, provided that such revisions do not materially alter zoning policy, district eligibility, development requirements, public infrastructure obligations, or substantive design and use standards. (d) Major revisions to DSM -002 affecting zoning district eligibility, data center classifications, Specific Use Permit requirements, minimum land use standards, development requirements, public infrastructure obligations, utility requirements, decommissioning requirements, financial assurance requirements, or substantive design and use standards shall require City Council approval. (e) The current adopted version of DSM -002 shall be maintained by the City and made available to the public through the City's official website or other City -designated location. SECTION 5. Conforming Amendments to Zoning Ordinance No. 1710. That Zoning Ordinance No. 1710, as amended, including Sections 8-100, 8-103, and 12-100, is hereby amended as set forth in Exhibit C, attached hereto and incorporated herein as if fully set forth verbatim. SECTION 6. Coordination with Adopted Codes, Manuals, and Standards. (a) Data Centers shall comply with Chapter 9, Exhibit 9B, Section 31, "Data Centers," DSM -002, the City's adopted construction codes, Technical Standards Manual, Engineering Standard Details Book, utility standards, subdivision regulations, and all other applicable federal, state, and local laws, ordinances, regulations, permits, approvals, and technical standards. (b) Any Battery Energy Storage System (BESS) associated with a Data Center shall comply with the City's adopted BESS ordinance, BESS manual (DSM -003), fire code, building code, electrical code, and all applicable state and federal requirements. Page 4 of 26 (c) A Data Center and associated BESS proposed as one integrated project may be reviewed through one Specific Use Permit when the BESS is accessory to the Data Center and included in the Data Center application. A separate Specific Use Permit may be required if the BESS is proposed as a separate principal use, added after Data Center approval as a material change, serves uses other than the Data Center, materially increases site impacts, or is otherwise required by City Council as a condition of approval. (d) Approval of a Data Center use, whether by right or through a Specific Use Permit, shall not relieve the applicant of the obligation to obtain any other permit, approval, agreement, or authorization required by this Code or other applicable law. SECTION 7. No Vested Right Created. Nothing in this Ordinance or DSM -002 shall be construed to create a vested right to approval of any application, permit, Specific Use Permit, site plan, building permit, certificate of occupancy, or other development approval. All applications shall be reviewed in accordance with the ordinances, regulations, and standards applicable at the time a complete application is submitted, except as otherwise provided by applicable law. SECTION 8. Conflicts. If any provision of this Ordinance or its exhibits conflicts with a previously adopted ordinance or provision of the Code of Ordinances, this Ordinance shall control to the extent of the conflict unless otherwise required by state or federal law. Where a conflict exists between DSM -002 and an adopted ordinance, the ordinance shall control. Where a conflict exists between DSM -002 and an adopted construction code, fire code, technical standard, utility standard, or applicable state or federal requirement, the more restrictive provision shall apply unless otherwise required by law. SECTION 9. Repealer Clause. That all provisions of the ordinances of the City of Paris, Texas, in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 10. Savings Clause. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty Page 5 of 25 accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. SECTION 11. Severability Clause. If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is held invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions, and the City Council declares it would have adopted the remaining portions despite such invalidity. SECTION 12. Penalty Clause. Any person, firm, corporation, owner, operator, applicant, contractor, or other responsible party violating any provision of this Ordinance, Section 31, "Data Centers," DSM -002, or any permit, approval, agreement, or condition issued pursuant thereto shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine as provided in Section 1.01.009 of the Code of Ordinances of the City of Paris and applicable law. Each day's violation shall constitute a separate offense. The City may also pursue any civil, administrative, equitable, injunctive, abatement, or other remedy authorized by law. SECTION 13. Effective Date. This Ordinance shall become effective immediately upon passage and publication as required by law. PASSED AND ADOPTED this 27th day of July, 2026. RIS T \\` r / /�����11111111��\\\ J ice Ellis, City Clerk ie -H. Ha Attorney Mihir Pankaj, yor Page 6 of 25 SNE C I T y 0 < . '0" ATTEST: ATTEST: ... RIS T \\` r / /�����11111111��\\\ J ice Ellis, City Clerk ie -H. Ha Attorney Mihir Pankaj, yor Page 6 of 25 EXHIBIT CHAPTER 9, EXHIBIT 913, ZONING ORDINANCE § 31. DATA CENTERS Chapter 9, Exhibit 9B, Zoning Ordinance, of the Code of Ordinances of the City of Paris, Texas, is hereby amended by adding a new Section 31, "Data Centers," to read as follows: § 31-100. Purpose and intent. The purpose of this section is to establish zoning regulations for Data Centers and related facilities in order to protect the public health, safety, and welfare; promote orderly development; protect existing and planned residential, commercial, retail, public, institutional, agricultural, and mixed-use areas; preserve the City's long-term land use and infrastructure planning objectives; and ensure that Data Centers are developed in accordance with the City's adopted Data Center Development Standards Manual. Data Centers are hereby recognized as a distinct land use and shall not be classified as a warehouse, office, utility, telecommunications facility, public utility, manufacturing use, or general industrial use unless expressly stated in this Zoning Ordinance. § 31-101. Definitions. For purposes of this section, the following terms shall have the meanings assigned below. Additional technical definitions, classifications, subtypes, and interpretation criteria shall be set forth in DSM -002, Data Center Development Standards Manual. Battery Energy Storage System or BESS. - Battery energy storage system as defined and regulated by the City's adopted BESS regulations and BESS manual, as amended. Data Center Development Standards Manual or DSM -002. - The City of Paris Data Center Development Standards Manual adopted by ordinance and incorporated by reference as the administrative, technical, design, review, and use standards manual for Data Centers. Data Center. -A building, structure, facility, site, or portion thereof used or intended to be used primarily to house computer systems, servers, data storage equipment, networking equipment, telecommunications equipment, digital processing equipment, artificial intelligence computing equipment, high-performance computing equipment, or similar equipment for the storage, processing, management, transmission, or distribution of digital data. The term includes associated and accessory electrical, Page 7 of 25 mechanical, cooling, security, fire protection, backup power, fuel, battery energy storage, utility, and support infrastructure. High-intensity Data Center. -A Data Center classified under DSM -002 as a hyperscale data center, artificial intelligence data center, high-performance computing facility, data center campus, large colocation data center, or other high -load or high -impact Data Center use due to scale, electrical demand, water or wastewater demand, cooling requirements, exterior equipment, generator capacity, fuel storage, BESS use, substation requirements, or similar characteristics. Limited Data Center. -A Data Center classified under DSM -002 as a limited -scale, small-scale, adaptive reuse, edge, enterprise, or similar lower -impact Data Center use that is located within an existing lawful building or otherwise determined to have limited land use, utility, noise, cooling, exterior equipment, power, generator, fuel, and infrastructure impacts. Material Change. A change to an approved Data Center development, facility, operation, or associated infrastructure that materially changes the approved development or its impacts and may require additional review or approval under this Section, DSM -002, or other applicable City regulations. Materially Changes. To alter, modify, replace, expand, intensify, or otherwise affect a Data Center facility, operation, or associated infrastructure in a manner that may reasonably increase or change its impacts on public health, safety, welfare, infrastructure, utility demand, emergency response, environmental conditions, or compliance with applicable regulations. Routine maintenance, repairs, replacement of equipment with substantially equivalent equipment, software or firmware updates, and other activities that do not increase or significantly alter operational impacts shall not constitute a material change. Operational Intensification. An increase in the operational characteristics of a Data Center, including electrical demand, cooling capacity, water demand, wastewater generation, equipment density, generator capacity, Battery Energy Storage System capacity, or similar operational characteristics that may increase impacts on public infrastructure or surrounding properties. Permitted with Standards (P*). A land use permitted by right within the applicable zoning district, provided the development complies with this Section, DSM -002, all applicable City regulations, approved development plans, and all other required permits and approvals. Substantial Modification. Any physical expansion, reconstruction, alteration, replacement, or operational change to a Data Center or associated infrastructure that materially changes the approved site layout, building area, utility demand, cooling Page 8 of 26 capacity, electrical capacity, emergency power systems, traffic generation, noise characteristics, water consumption, wastewater generation, or other operational characteristics such that additional review or approval may be required under this Section, DSM -002, or other applicable City regulations. Routine maintenance, repair, replacement in kind, and minor modifications that do not materially change the approved development or its operational impacts shall not be considered a substantial modification. SUP*. -A Specific Use Permit required for a Data Center use, subject to compliance with this section, DSM -002, any applicable BESS requirements, the City's adopted construction codes, the City's adopted Technical Standards Manual, approved site plan, approved engineering plans, approved fire protection and emergency response requirements, and all conditions of approval. § 31-102. Applicability. (a) This section applies to all Data Centers, Limited Data Centers, High -Intensity Data Centers, Data Centers with BESS, Data Center campuses, and Data Center accessory infrastructure within the corporate limits of the City. (b) A Data Center may be established only where authorized by the Official Land Use Matrix. (c) Data Center uses designated as P* in the Official Land Use Matrix shall comply with this Section, DSM -002, and all other applicable City regulations. Data Center uses designated as SUP* shall obtain approval of a Specific Use Permit in addition to complying with this Section, DSM -002, and all other applicable City regulations. (d) A server room, IT equipment room, telecommunications room, computer closet, or similar internal building area serving a lawful principal use shall not be considered a Data Center where such use is clearly accessory to the principal use and does not function as an independent Data Center use. (e) This section shall not exempt any project from compliance with any other applicable City ordinance, zoning requirement, subdivision regulation, adopted construction code, fire code, electrical code, plumbing code, mechanical code, property maintenance code, technical standard, utility requirement, development agreement, platting requirement, permit, or condition of approval. § 31-103. District eligibility. (a) Data Centers shall be permitted only in the zoning districts expressly identified in this section and the Land Use Matrix. Page 9 of 26 (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 § 31-105. Central Area and nonindustrial limitations. (a) A Limited Data Center proposed in the Central Area (CA), Commercial (C), or Office (0) District shall be approved only if the City Council finds that the use is compatible with the district and will not impair pedestrian activity, active storefronts, downtown vitality, historic character, surrounding land uses, or future commercial and retail development. (b) A Limited Data Center in the Central Area (CA) District shall not occupy required active ground -floor frontage unless expressly approved as part of the SUP*. (c) A Limited Data Center in the Central Area (CA), Commercial (C), or Office (0) District shall not include high-intensity exterior equipment, major generator yards, utility -scale BESS, large fuel storage, outdoor cooling towers, new dedicated substations, or similar infrastructure unless expressly approved by City Council and determined to be compatible with the district. (d) No applicant may use the Limited Data Center classification to establish, expand, or operate a High -Intensity Data Center in a district where a High -Intensity Data Center is not allowed. § 31-106. Planned Development Districts. A Data Center may be considered within a Planned Development (PD) District only if: (a) the PD ordinance, concept plan, development plan, or approved land use table expressly authorizes the applicable Data Center classification; (b) the comparable base zoning district identified by the PD ordinance would otherwise authorize the applicable Data Center classification.; (c) the Data Center complies with Chapter 9, Exhibit 913, Zoning Ordinance, § 31, "Data Centers," DSM -002, and all applicable City requirements; and (d) the Data Center is approved by SUP* unless the PD ordinance expressly establishes an equivalent or more restrictive public hearing and discretionary approval process. A PD District shall not be used to authorize a High -Intensity Data Center, Hyperscale Data Center, AI/HPC Data Center, Data Center Campus, or Data Center with accessory BESS in a location where such use would be inconsistent with the Comprehensive Plan, Future Land Use Plan, surrounding land uses, infrastructure capacity, or public health, safety, and welfare. Page 11 of 25 § 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 (e) will not prematurely convert land needed for orderly future growth, commercial development, residential development, public infrastructure, or community facilities; (f) has adequate access for fire, emergency medical services, police, public works, utility, and emergency response; (g) has or will provide adequate water, wastewater, stormwater, drainage, and transportation infrastructure; (h) provides sufficient information regarding electric service, electric infrastructure, backup power, generators, substations, transformers, fuel storage, cooling systems, and BESS, if applicable; (i) adequately mitigates noise, vibration, light, glare, heat, visual impacts, traffic, security fencing, exterior equipment, generator testing, fuel storage, and operational impacts; 0) complies with DSM -002; (k) complies with the City's adopted BESS requirements when BESS is proposed; (1) complies with the City's adopted construction codes, fire code, electrical code, plumbing code, mechanical code, property maintenance code, Technical Standards Manual, Engineering Standard Details Book, utility standards, and other applicable technical standards; (m) provides acceptable decommissioning, site restoration, and adaptive reuse provisions as required by DSM -002; and (n) will not otherwise be detrimental to the public health, safety, or general welfare. § 31-110. Approval criteria—P*. City Staff shall not approve a permit or application for a Data Center in a zoning district designated as P* unless the applicant shows 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; (e) will not prematurely convert land needed for orderly future growth, commercial development, residential development, public infrastructure, or community facilities; (f) has adequate access for fire, emergency medical services, police, public works, utility, and emergency response; Page 13 of 25 (g) has or will provide adequate water, wastewater, stormwater, drainage, and transportation infrastructure; (h) provides sufficient information regarding electric service, electric infrastructure, backup power, generators, substations, transformers, fuel storage, cooling systems, and BESS, if applicable; (i) adequately mitigates noise, vibration, light, glare, heat, visual impacts, traffic, security fencing, exterior equipment, generator testing, fuel storage, and operational impacts; (j) complies with DSM -002; (k) complies with the City's adopted BESS requirements when BESS js proposed; (1) complies with the City's adopted construction codes, fire code, electrical code, plumbing code, mechanical code, property maintenance code, Technical Standards Manual, Engineering Standard Details Book, utility standards, and other applicable technical standards; (m) provides acceptable decommissioning, site restoration, and adaptive reuse provisions as required by DSM -002; and , (n) will not otherwise be detrimental to the public health, safety, or general welfare. § 31-111. DSM -002 adopted as standards for P* and SUP* review. (a) DSM -002 is adopted by reference as the City's Data Center Development Standards Manual and shall apply to all Data Centers regulated by this. section. (b) DSM -002 may establish application requirements, design standards, operational standards, review procedures, classification criteria, technical study requirements, infrastructure standards, inspection procedures, forms,. checklists, and other administrative or technical standards necessary to implement this Section. (c) DSM -002 shall have the force and effect provided by the adopting ordinance and this section, except that DSM -002 shall not independently authorize a land use, create a zoning district, amend the Land Use Matrix, waive a'SUP*' requirement, allow a Data Center in the Agricultural (A) District, or authorize a Data Center in any district where such use is not eligible under this section. (d) Where this section and DSM -002 conflict, this section -shall control as to zoning district eligibility, P* and SUP* requirements, legislative approval criteria, and land use authorization. (e) Where DSM -002 conflicts with an adopted construction code, fire'code, technical standard, utility standard, state law, or federal law, the more restrictive provision shall apply unless otherwise required by law. Page 14 of 25 § 31-112. Administration and interpretation. (a) The City Manager or designee shall administer this Section and may consult with the Building Official, City Planner, City Engineer, Fire Marshal, Public Works Director, utility providers, and other affected departments as necessary. (b) The City Manager or designee may issue written interpretations, forms, checklists, routing procedures, and administrative guidance necessary to implement this section and DSM -002. (c) The City Manager or designee may determine whether a proposed use is an accessory server room, Limited Data Center, General Data Center, High -Intensity Data Center, Data Center with BESS, or other Data Center classification based on this section and DSM -002. (d) Any interpretation under this section shall not authorize a use'prohibited 'by this section, waive a P* or SUP* requirement, or alter zoning district eligibility. § 31-113. Revisions to DSM -002. (a) DSM -,002 may be revised in accordance with the revision procedures established in the adopting ordinance and DSM -002. (b) Minor administrative revisions,, formatting corrections,_ -typographical corrections, reference updates, application forms, checklists, routing procedures, and revisions required by state or federal law may be approved administratively by the City Manager or designee. (c) Major revisions affecting zoning district eligibility, Data Center:classifications, SUP* requirements, minimum land use standards, development requirements, public infrastructure obligations, decommissioning requirements, financial assurance requirements, or substantive design and use standards shall require,City Council approval. (d) The current adopted version of DSM -002 shall.be maintained by the City and made available to the public through the City's official website or other City -designated location. § 31-114. Water, wastewater, and utility coordination. (a) A Data Center shall not be approved unless the City'determines'that water, wastewater, drainage, and public infrastructure impacts have been adequately evaluated and addressed. (b) A Data Center applicant shall provide water demand, wastewater demand, cooling system, discharge, backflow prevention, cross -connection control, fire flow, and Page 16 of 26 infrastructure information as required by DSM -002, the Technical Standards Manual, and other applicable City requirements. (c) The City may require a development agreement, utility service agreement, infrastructure agreement, or other lawful agreement to address public infrastructure, utility service, capacity, phasing, cost responsibility, easements, maintenance, and related requirements. (d) The City does not provide electric service. Approval of an SUP* or P* permit shall not constitute approval of electric service, electric utility capacity, or electric utility infrastructure. The applicant shall provide electric service and infrastructure information as required by DSM -002. § 31-115. BESS coordination. (a) Any BESS associated with a Data Center shall comply with'the" City's adopted BESS ordinance, BESS manual (DSM -003), fire code, 6Uilding code, electrical code, and all applicable state and federal requirements. (b) A Data Center and associated BESS proposed as one integrated project may be reviewed through one SUP*, provided the SUP* application includes the BESS component and the BESS is accessory to the Dat4 ddhter. (c) A separate SUP.may be required if the BESS is proposed as a principal use, is added after SUP* approval as a material change, serves a use other than the Data Center, materially increases'site impacts, or otherwise requires separate approval under the City's BESS regulations or the SUP* conditions. § 31-116'. Decommissioning, discontinuance, and adaptive reuse. (a) Each Data Center shall comply with the decommissioning, discontinuance, abandonment, site restoration, and adaptive'reuse requirements established in DSM - 002 and' any SUP* conditions. (b) The City may require Data Center applicant (whether through SUP* or P*) to provide a decommissioning arid adaptive reuse plan addr'essing discontinued operations, obsolete'equipment; hazardoUs materials, cooling systems, fuel systems, BESS, generators, electrical equipment, utility, disconnection or'stabilization; site security, environmental conditions, building reuse,- infrastructure proposed to remain, and financial assurance. (c) No discontinued or abandoned Data Center shall be converted.to another principal use unless the proposed use is permitted in the zpni•ng distriet or approved by rezoning, SUP amendment, site -plan approval, or other required City approval. Page 16 of 25 „ (d) The City may require financial assurance for decommissioning, site restoration, environmental remediation, infrastructure removal, or site stabilization where authorized by law and approved as part of the SUP* or P* permit. § 31-117: Material changes. (a) A material change to an approved Data Center, whether allowed by P* or SUP*, shall require review and approval before implementation. (b) Material changes include, but are not limited to: 1. expansion of building area or data halls; 2. change in Data Center classification; 3. increase in approved electrical load; 4. change in cooling method; 5. increase in water demand or wastewater discharge; 6. addition or expansion of generators; 7. addition or expansion of fuel storage; 8. addition or expansion of BESS; , . 9. addition of Al or high-performance computing operations; 10. relocation or expansion of exterior equipment yards; 11. change in access, fire lanes, emergency response layout, or site circulation; 12. change affecting buffers, screening, landscaping, adjacent properties, or public rights-of-way; 13. change in phasing or site layout; or 1.4. any other change determined by the City.Manager;or designee to materially affect the basis for approval. (c) Depending on the nature of the material change, the City may require administrative approval, site plan amendment, building permit, fire permit, utility approval, and where SUP* is required, an SUP* amendment, or new SUP*. § 31-118. Enforcement. (a) It shall be unlawful to construct, operate, expand, alter, `convert; decommission, abandon, or materially change a Data Center in violation of this Section, DSM -002, or any permit, approval, agreement, or condition issued pursuant to this Section. (b) The City may enforce this section through any lawful remedy, including but not limited to notices of violation, stop work orders, denial or suspension of permits, denial or revocation of certificates of occupancy, municipal court citations, civil`enforcement, injunctive relief, abatement, enforcement of financial assurance, or other remedies authorized by law. (c) Each day a violation continues shall constitute a separate offense. Page 17 of '25 ' § 31-119. Appeals. (a) Administrative interpretations under this section may be appealed as provided by the Zoning Ordinance or other applicable City ordinance.' (b) An appeal shall not authorize a use prohibited by this section, waive a SUP* or P* requirement, allow a Data Center in the Agricultural (A) District,-or authorize staff or an appellate body to make a legislative zoning decision reserved to the City Council. § 31-120. No Vested Right Created Nothing in this Section or DSM-002 shall be construed to create a vested right to approval of any application, permit, Specific Use Permit, site plan, building permit, certificate of occupancy, or other development approval. All applications shall be reviewed in accordance with the ordinances, regulations, and standards applicable at the time a complete application is submitted, except as otherwise provided by applicable law. Page 18 of 25 EXHIBIT B City of Paris Development Standards Manual DSM -002 — Data Centers Version 1.0 Page 19 of 25 EXHIBIT C CONFORMING AMENDMENTS TO ZONING ORDINANCE NO. 1710 SECTIONS 8-100, 8-103, AND 12-100 Zoning Ordinance No. 1710, as amended, is hereby amended as set forth below for the purpose of conforming the Zoning Ordinance to Chapter 9, Exhibit 913, Zoning Ordinance, § 31, "Data Centers," and DSM -002, Data Center Development Standards Manual. SECTION 1. Amendment to Section 8-100 — Use Regulations / Land Use Matrix. The LEGEND in 8-100 shall be amended to read as follows: P Designates use permitted in district indicated. Designates use prohibited in district indicated. S Indicates use may be approved as Specific Use Permit (See Sec. 12) P* Indicates use permitted in district indicated contingent upon compliance with adopted standards and manuals. SUP* Indicates use may be approved as Specific Use Permit contingent upon compliance with adopted standards and manuals. AC Designates use only allowed as accessory to a primary use Section 8-103, including the Land Use Matrix or Table of Permitted Uses, is hereby amended by deleting any existing row, listing, or use classification for "Data Center" and replacing it with the following use classifications and approval requirements: Data Center Use Classifications Use A SF -1 SF -2 SF -3 2F 4F MF -1 MF -2 M H N S G R C CA O PL I LI HI Accessory server room /IT equipment room C AC AC AC C C AC AC C AC AC AC AC AC AC AC AC serving a lawful principal use Page 20 of 25 Notes Applicable to Data Center Use Classifications 1. Unless otherwise specifically provided herein, all Data Center uses designated as P* or SUP* shall comply with Chapter 9, Exhibit 913, § 31, "Data Centers," DSM -002, all applicable adopted construction codes, adopted fire code, engineering standards, approved development plans, and all applicable conditions of approval. Page 21 of 25 SF SF SF 2F 4F MF MF M N G C CA O PL LI HI Use A _1 -2 _3 _1 _2 H S R I Limited SUP SUP SUP _ P*/SUP P*/SUP Data Center _ _ Edge Data _ SUP — SUP _ P*/SUP P*/SUP Center General _ _ _ _ _ _ _ _ — — _ _ — — — p* p* Data Center Colocation _ _ _ _ _ _ _ _ — — — — — — — P* P* Data Center High - Intensity — — — — — — — — — — — — — — — P* P* Data Center Hyperscale _ _ _ _ _ _ _ _ — — — — — — — P* P* Data Center Artificial Intelligence / High- — — — — — — — — — — — — — — — P* P* P* e Computing Data Center Data Center _ _ _ _ _ _ _ — — — — — — — — P* P* Campus Data Center with — — — — — — — — — P* P* accessory BESS Notes Applicable to Data Center Use Classifications 1. Unless otherwise specifically provided herein, all Data Center uses designated as P* or SUP* shall comply with Chapter 9, Exhibit 913, § 31, "Data Centers," DSM -002, all applicable adopted construction codes, adopted fire code, engineering standards, approved development plans, and all applicable conditions of approval. Page 21 of 25 2. Accessory server rooms / IT equipment rooms are allowed only when accessory to and serving a lawful principal use on the same lot, within the same building, or as otherwise approved by the Building Official or City Manager designee. An accessory server room / IT equipment room shall not be used to establish a principal Data Center use. 3. Limited Data Centers and Edge Data Centers may be considered in the C, CA, O, LI, and HI Districts only through SUP*. Such facilities shall comply with DSM -002 and shall not be used to establish, expand, or operate a High - Intensity Data Center, Hyperscale Data Center, AI/HPC Data Center, Data Center Campus, or Data Center with accessory BESS in a district where such use is not otherwise allowed. 4. General Data Centers and Colocation Data Centers are permitted only within the Light Industrial (LI) and Heavy Industrial (HI) Districts where authorized by the Official Land Use Matrix and shall comply with § 31, DSM - 002, and all other applicable City requirements. 5. High -Intensity Data Centers, Hyperscale Data Centers, AI/HPC Data Centers, Data Center Campuses, and Data Centers with accessory BESS are permitted only within the Heavy Industrial (HI) District where authorized by the Official Land Use Matrix and shall comply with § 31, DSM - 002, and all other applicable City requirements.. 6. Data Centers are prohibited 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. Rezoning to an eligible district shall not create any entitlement to Data Center approval. 7. In the Central Area (CA) District, a Limited Data Center or Edge Data Center shall not impair active ground -floor frontage, pedestrian activity, downtown vitality, historic character, streetscape quality, or surrounding land use compatibility. The City Council may prohibit or condition street -facing ground -floor Data Center use as part of SUP* approval. 8. A Data Center with accessory BESS may be reviewed through one integrated SUP* when the Data Center and BESS are proposed as one coordinated project and the BESS is accessory to the Data Center. The BESS component shall comply with the City's adopted BESS ordinance, BESS manual, fire code, building code, electrical code, and all applicable state and federal requirements. 9. A separate SUP may be required for BESS if the BESS is proposed as a separate principal use, added after Data Center SUP* approval as a material Page 22 of 25 change, serves uses other than the Data Center, materially increases site impacts, or is otherwise required by the City Council as a condition of approval. SECTION 2. Amendment to Section 8-200 — SPECIAL DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS. Section 8-201 shall be amended by adding the following definition:: Accessory Server Room / IT Equipment Room. A room, suite, closet, cabinet, or limited area within a lawful principal use that houses servers, networking equipment, telecommunications equipment, data storage equipment, computer systems, or similar information technology equipment primarily serving the principal use. This term does not include a principal Data Center use. Artificial Intelligence / High -Performance Computing Data Center or AI/HPC Data Center. A Data Center principally designed, used, or marketed to support artificial intelligence training, artificial intelligence inference, machine learning, high-density computing, high-performance computing, advanced modeling, simulation, cryptographic processing, or similar compute -intensive activity, as further classified by DSM -002. Battery Energy Storage System or BESS. A battery energy storage system as defined and regulated by the City's adopted BESS regulations and BESS manual, as amended. Colocation Data Center. A Data Center in which space, power, cooling, connectivity, cabinets, cages, suites, server capacity, or data processing capacity is leased, licensed, or otherwise provided to more than one customer, tenant, or end user, as further classified by DSM -002. Data Center. A building, structure, facility, site, or portion thereof used or intended to be used primarily to house computer systems, servers, data storage equipment, networking equipment, telecommunications equipment, digital processing equipment, artificial intelligence computing equipment, high-performance computing equipment, or similar equipment for the storage, processing, management, transmission, or distribution of digital data. The term includes associated and accessory electrical, mechanical, cooling, security, fire protection, backup power, fuel, battery energy storage, utility, and support infrastructure. Data Center Campus. Two or more Data Center buildings, data halls, or principal Data Center facilities located on one or more contiguous or commonly controlled parcels, or developed in coordinated phases, together with associated infrastructure, as further classified by DSM -002. Page 23 of 25 Data Center Development Standards Manual or DSM -002. The City of Paris Data Center Development Standards Manual adopted by ordinance and incorporated by reference as the administrative, technical, design, review, and use standards manual for Data Centers. Data Center with Accessory BESS. A Data Center that includes a BESS as accessory infrastructure serving the Data Center and reviewed in accordance with § 31, DSM -002, and the City's adopted BESS regulations. Edge Data Center. A Limited Data Center designed to place computing, storage, networking, telecommunications, or data processing capacity closer to users, devices, networks, businesses, public facilities, or service areas in order to reduce latency or support distributed computing, as further classified by DSM -002. General Data Center. A Data Center that is not classified as a Limited Data Center, Edge Data Center, Hyperscale Data Center, AI/HPC Data Center, High -Intensity Data Center, or Data Center Campus under DSM -002. High -Intensity Data Center. A Data Center classified under DSM -002 as a hyperscale data center, artificial intelligence data center, high-performance computing facility, data center campus, large colocation data center, or other high -load or high -impact Data Center use due to scale, electrical demand, water or wastewater demand, cooling requirements, exterior equipment, generator capacity, fuel storage, BESS use, substation requirements, or similar characteristics. Hyperscale Data Center. A large-scale Data Center or Data Center Campus designed to support substantial data processing, storage, cloud computing, artificial intelligence, high-performance computing, or digital infrastructure operations for a large technology provider, cloud services provider, colocation provider, or major enterprise user, as further classified by DSM -002. Limited Data Center. A Data Center classified under DSM -002 as a limited -scale, small-scale, adaptive reuse, edge, enterprise, or similar lower -impact Data Center use that is located within an existing lawful building or otherwise determined to have limited land use, utility, noise, cooling, exterior equipment, power, generator, fuel, and infrastructure impacts. SECTION 3. Amendment to Section 12-100. Section 12-100, "Specific Use Permits," is hereby amended by adding the following SUP types: Limited Data Center—allowed by SUP* in the C and O zoning districts. Edge Data Center—allowed by SUP* in the C and O zoning districts. Page 24 of 26 SECTION 4. Add section 12-105 Data Center Specific Use Permit Requirements. (a) A Specific Use Permit shall be required only for those Data Center classifications designated as SUP* in the Official Land Use Matrix. (b) Applications shall comply with § 31, DSM -002, and all other applicable City regulations. (c) A Data Center SUP* application shall be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the City Council. (d) The City Council may approve, approve with conditions, or deny a Data Center SUP*. (e) The City Council may impose reasonable conditions necessary to protect the public health, safety, welfare, infrastructure, utility systems, environmental quality, emergency response capability, and compatibility with surrounding development. (f) Approval of a Specific Use Permit does not relieve the applicant from obtaining any other permit, approval, agreement, or authorization required by this Code or other applicable law. (g) A material change to an approved Data Center shall require review and approval in accordance with § 31, DSM -002, the SUP* conditions, and all applicable City requirements. Page 25 of 25