On the agenda: DeKalb County Ordinance 2026-O-10 Ordinance UDO-106 Amending the DeKalb County UDO for Data Center Facilities — DATA CENTER (Oct 14)

Commissioners passed on FIRST Reading on 10/12/2026

ORDINANCE: 2026 –O –10
ORDINANCE: UDO – 106
AN ORDINANCE AMENDING THE
DEKALB COUNTY UNIFIED DEVELOPMENT ORDINANCE
FOR DATA CENTER FACILITIES
ARTICLE 3: ZONING DISTRICTS; ARTICLE 5: DEVELOPMENT STANDARDS;
ARTICLE 11: DEFINITIONS

WHEREAS, The General Assembly of the State of Indiana granted powers to the counties to adopt unified
development ordinances for their jurisdiction according to IC 36-7-4-600 series; and
WHEREAS, The County of DeKalb, Indiana adopted the DeKalb County Unified Development Ordinance which
became effective on January 1, 2009, and has had subsequent amendments to the DeKalb County Unified
Development Ordinance; and
WHEREAS, The General Assembly of the State of Indiana granted powers to counties to amend the text of an
adopted unified development ordinance according to IC 36-7-4-602 (b), and Section 9.05 of the DeKalb County
Unified Development Ordinance allows for the amendment of said Ordinance; and
WHEREAS, The DeKalb County Plan Commission held a public hearing on October 7, 2026, on the proposed
textual amendments to the DeKalb County Unified Development Ordinance regarding revisions to:
Article 3: Zoning Districts; Article 5: Development Standards; Article 11: Definitions; and all other related
sections, if applicable;
WHEREAS, The DeKalb County Plan Commission did send a favorable recommendation for the text
amendments to the DeKalb County Board of Commissioners; and
WHEREAS, The DeKalb County Board of Commissioners believes there is merit in amending the Ordinance, in
order to promote the public health, safety, comfort, morals, convenience and general welfare of the community;
now therefore, be it
ORDAINED by the DeKalb County Board of Commissioners of DeKalb County, Indiana, as follows:
SECTION 1: That the DeKalb County Unified Development Ordinance be amended according to the
amendments, as follows:
TEXT TO REMAIN
TEXT TO BE ADDED
TEXT TO BE REMOVED

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Article 2: Zoning Districts:
Section 2.37: Low-Intensity Industrial (I2) District & Article 2, Section 2.39: High-Intensity Industrial
(I3) District:
• Add Tier 1: Colocation, Enterprise & Edge Data Center as permitted use.
Article 2, Section 2.41: High Impact (HI) District:
• Add Tier 2: Data Center & Tier 3: Hyperscale Data Center as permitted uses.
Article 5: Development Standards:
Section 5.XX: DC-01: Data Center; General
This Data Center Standards section applies to the following permitted uses and zoning districts:
• Tier 1 (Colocation, Enterprise & Edge Data Centers): Permitted in I2 – Low Intensity Industrial &
I3 – High Intensity Industrial
• Tier 2 (Data Center) & Tier 3 (Hyperscale Data Center): Permitted in HI – High Impact
The following Data Center standards apply:
A. Development Standards: In addition to the standards in the I2, Low Intensity Industrial; I3, High

Intensity Industrial; and HI, High Impact Industrial Zoning District, the following standards apply.
If any standard in Article 2 or Article 5 contradicts these standards, the more restrictive standard
applies.
1. Maximum campus size shall not exceed one square mile, 640 contiguous acres. Property

separated only by a public roadway, railroad right-of-way, drainage easement, or utility
easement shall be considered contiguous.
2. Minimum Building Setbacks:
a. Tier 1, Tier 2 & Tier 3:

i.

All principal buildings shall meet the underlying zoning district setback standards.

ii.

Emergency generators shall be sited to ensure continuous compliance with the
noise, baseline sound, and vibration limits established in this Ordinance at all
neighboring property lines.

3. Building Height:
a. Tier 1 & Tier 2: Subject to the standard maximum height in underlying zoning district.

An additional 15 feet allowed above the base height solely where a parapet functions as
an acoustical or visual screening for rooftop equipment.
b. Tier 3: Notwithstanding the zoning district limit or any conflict clause favoring more

restrictive standards, the maximum base height may be increased to 80 feet, inclusive of
rooftop equipment, with additional 20 feet allowed above the base height solely where a
parapet functions as an acoustical or visual screening for rooftop equipment.

c. Exceptions to maximum Building Height:

i.

Architectural features, antennas, lightning protection devices, mechanical screening,
and utility structures may exceed the maximum height where required by applicable
building codes.

4. Design & Development:
a. Orientation of substations, generators, HVAC equipment, and other noise-generating

equipment shall be oriented and sited on the portion of the parcel facing away from
abutting non-industrial district wherever physically practicable, using the principal
building as an acoustic and visual barrier.
b. Rooftop equipment screening. Rooftop-mounted mechanical equipment shall be set back

from the building façade such that the top of the equipment or its screen falls below a
45-degree sightline drawn from the top of the parapet, so as not to be visible — or
directly exposed acoustically — from ground level at the property line.
c. Vibration isolation. All mechanical equipment generating vibration (chillers, generators,

pumps) shall be mounted on vibration-isolating equipment pads or spring isolators sized
to the manufacturer's specification for the installed load, such that vibration is not
perceptible at or beyond the property line.
5. Landscaping and Buffer Yards:
a. Landscape buffers shall meet the underlying zoning district landscape standards. The

County Commissioner may require an increased buffer and landscape standards in the
Community Benefit Agreement.
6. Fencing:
a. Security fencing shall not exceed ten (10) feet in height.
b. Fencing shall consist of decorative metal fencing or other materials approved by the Plan

Commission.
c. Barbed wire may be installed only above eight (8) feet.
d. Electrified fencing shall be prohibited.
7. Lighting:
a. In addition to the Lighting Standards in Article 5: LT-01, all data centers shall utilize

dark-sky, full-cutoff and motion-sensor lighting to reduce light extending onto
neighboring properties.
8. Expansion and/or modification:
a. If a data center facility is approved, the approved site plan & studies shall constitute the

entirety of that approved facility. Expansions or modifications occurring in phases or
through multiple applications shall be evaluated based upon the cumulative
development of the Data Center Campus.
b. Expansions or modifications that do not result in any increase in building area, campus

acreage, operational capacity, utility demand, noise, vibration, emissions, or other
potential environmental impacts may be approved by the Zoning Administrator when

the modification remains in compliance with all applicable provisions of this Unified
Development Ordinance and the approved site plan.
c. Expansions or modifications that do result in any increase in the building area, campus

acreage, operational capacity, utility demand, noise, vibration, emissions, or other
potential environmental impacts of the Data Center Facility shall require review and
approval in accordance with the applicable zoning and development review procedures
of this Unified Development Ordinance.
d. Whether the expansions or modifications are approved by the Zoning Administrator or

the Plan Commission, the County may require updated studies, plans, or other
information reasonably necessary to evaluate the impacts of a proposed expansion or
modification, including, as applicable, electrical demand, water supply and
consumption, traffic, noise and vibration, emergency response, stormwater, landscaping
and buffering, emissions or other potential environmental impacts.
B. Performance Standards:
1. Noise & Vibration:
a. The operation of a Data Center shall not create noise or vibrations in excess of the

following sound levels when measured at any property line:
i.

Daytime (7:00 a.m. – 9:00 p.m.): 50 dBA / 60 dBC

ii.

Nighttime (9:00 p.m. – 7:00 a.m.): 45 dBA / 55 dBC

b. Sound and vibration measurements shall be obtained utilizing both the A-weighted scale

(dBA) or C-weighted scale, as applicable, and shall be performed in accordance with
the most current ANSI standards.
c. Following commencement of operations, the Plan Commission may require additional

sound and vibration testing upon receipt of a documented complaint alleging noncompliance.
d. If testing demonstrates non-compliance, corrective measures shall be completed within

ninety (90) days or such additional time approved by the County.
e. May be exempt if baseline study is shown to already be more than the standards but shall

also have no net-increase in existing levels.
2. Emergency Generators:
a. Emergency generators shall be permitted only as accessory equipment.
b. Emergency generators shall be factory-new, unused, of current manufacture, and in the

original factory packaging/enclosure where applicable. The unit shall not have been
previously operated, tested, or run other than standard factory quality-assurance testing
performed by the original equipment manufacturer. Refurbished, reconditioned,
previously owned, or demonstrator units will not be accepted.
c. Routine generator testing shall be limited to:

i.

Monday through Friday: 8:00 a.m. and 6:00 p.m.

ii.

Generator testing shall not occur on Saturdays or Sundays or legal holidays except
during emergency conditions or when required by federal or state regulations.

iii.

Non-emergency operation of generators is limited to routine testing and
maintenance not to exceed 50 hours per year and demand respond use is prohibited.

iv.

Disclosure to the County Zoning Administrator shall be required prior to any
scheduled testing.

d. Emergency generators shall utilize sound attenuation measures sufficient to comply with

Section B1, Noise.
e. Emergency generators shall meet EPA Tier 4 Final or equivalent standards.
f. Fuel storage tanks shall comply with all applicable federal, state, and local regulations.
3. Water Supply and Cooling:
a. No cooling system water, blowdown or other process wastewater shall be released into

any sewer system without pretreatment sufficient to remove per- and polyfluoroalkyl
substances (PFAS) to below the applicable maximum contaminant level established by
IDEM or the U.S. EPA, whichever is more stringent.
b. A Water Supply Plan shall be submitted identifying:

i.

Average daily demand.

ii.

Peak daily demand.

iii.

Annual projected consumption.

iv.

Proposed cooling technology, including any PFAS or PFAS-precursor compounds
used in cooling fluid or system components.

v.

Discharge source, frequency and outfall

vi.

Pretreatment system design and specifications

vii.

Water conservation measures.

c. The applicant shall demonstrate that sufficient water supply is available without

adversely affecting existing users.
d. Alternative cooling technologies that reduce potable water consumption are encouraged

where practical.
e. The Water Supply Plan shall not propose discharge of cooling system wastewater or

process water to an onsite sewage disposal system.
f. The County Commissioners may require additional standards in the Community Benefit

Agreement.
4. Electrical Service:
a. Type of Energy, Power Demand and Grid Protection:

i.

Tier A – Firm Self-Supply: A Data Center that demonstrates firm electrical capacity
sufficient to serve 100% of its maximum planned load through on-site generation or

dedicated generation with contractual delivery rights may be approved under Tier
A.
ii.

Tier B – Grid-Dependent: A Data Center relying on the public grid shall:
• Fund all utility infrastructure and system upgrades attributable to the project;
• Provide additional mitigation as determined by the Board;
• Enter binding demand-response and curtailment commitments.

iii.

Power Demand Response: All Tier B Data Centers shall demonstrate the ability to
reduce load upon request by the utility or during declared grid emergencies. Testing
and annual reporting may be required.

b. Prior to approval, the applicant shall submit written verification from the electric utility

confirming the ability to serve the proposed development.
c. The applicant shall identify:

i.

Estimated peak electrical demand.

ii.

Proposed electrical service voltage.

iii.

Location of substations.

iv.

Transmission improvements required to serve the development.

d. Approval by the County shall not obligate any utility provider to construct infrastructure.
e. The County Commissioners may require additional standards in the Community Benefit

Agreement.
5. Traffic Impact Study:
a. A Traffic Impact Study prepared by a Professional Engineer licensed in the State of

Indiana shall accompany the application.
b. The study shall evaluate:

i.

Existing roadway conditions.

ii.

Construction traffic.

iii.

Employee traffic.

iv.

Oversized equipment deliveries.

v.

Required roadway improvements.

vi.

Proposed access points.

c. The County may require roadway improvements necessary to safely accommodate the

proposed development and The County Commissioners may require additional
standards in the Community Benefit Agreement.
6. Emergency Response Plan:
a. Prior to issuance of an Improvement Location Permit, the owner shall submit an

Emergency Response Plan addressing:

i.

Fire events.

ii.

Utility failures.

iii.

Hazardous material releases.

iv.

Battery Storage Systems.

v.

Fuel spills.

vi.

Emergency contacts.

vii.

Site access procedures.

viii.

The Emergency Response Plan shall be reviewed by the local Sheriff, Police &
Fire Departments & DeKalb County Homeland Security prior to commencement
of operations. The County Commissioners may require additional standards in the
Community Benefit Agreement.

C. Required Submittals:

An application for a Data Center shall include, in addition to all materials required above and under
Section 9.08, the following:
All materials, plans & reports shall be reviewed by a 3rd party engineering and/or consulting firm chosen
by the DeKalb County Plan Commission and/or DeKalb County Commissioners & paid for by the
developer to review all plans for compliance with local, state and federal regulations and act as
consultant for DeKalb County Government to take project through the Zoning & Development Plan
processes.
1. Power Infrastructure & Ratepayer Protection Plan, including:
a. Projected average and peak electrical demand;
b. Identification of all required utility upgrades attributable to the project;
c. A statement describing how the applicant will ensure that infrastructure costs attributable to
the project are not shifted to local ratepayers.
2. Utility Certification Letter from the serving electric utility certifying that:
a. Adequate capacity exists to serve the proposed facility;
b. Required upgrades attributable to the project are identified; and
c. The proposed facility will not cause electrical interference, voltage fluctuation, or service
degradation to surrounding users.
3. Water Resource & Conservation Plan showing compliance with B(3) above and including:
a. Source(s) of water;
b. Average and peak daily demand;
c. Cooling system type;
d. Water recycling and reuse measures;
e. Drought contingency plan;
f. Identification of any water withdrawals.

4. Grid Flexibility / Curtailment Plan, demonstrating the facility’s capability to reduce electrical
load during grid stress events.
5. Emissions & On-Site Generation Plan (if any combustion-based generation is proposed).
6. Emergency Services Coordination Plan, prepared in consultation with local fire, sheriff, police
and emergency agencies.
7. Construction & Access Logistics Plan, identifying:
a. Haul routes for heavy equipment and materials;
b. Emergency access routes;
c. Any required roadway improvements;
d. A letter of acknowledgment from the County Highway Department.
8. Pre-Application Baseline Sound and Vibration Study. The applicant shall, prior to submission of
the application, commission a baseline ambient sound and vibration survey, by a qualified
acoustical or vibration engineer, at the property line of each adjacent or nearby affected parcel.
a. Measured ambient sound levels at no fewer than [3] monitoring points along shared or
nearby property lines, conducted over a minimum of 48 consecutive hours.
b. Measured ambient ground-borne vibration levels at the same monitoring points.
c. Weather conditions, time, and date of each measurement
d. GPS coordinates or a site map identifying each monitoring point
e. Predictive modeling: The application shall include modeled vibration levels at neighboring
properties demonstrating compliance with Performance Standards, Noise (above) Modeling
must reflect:
i. Site-specific soil/geological documentation: The study shall document actual soil
conditions at the site via localized core boring samples rather than relying on generic
propagation assumptions.
ii. Full Operational Load: Continuous vibration from all proposed equipment operating
simultaneously (including chillers, generators, transformers).
iii. Testing & Maintenance Load: Peak vibration during scheduled emergency generator
testing.
iv. Construction Phase: Temporary vibration anticipated from pile-driving, heavy
construction, or blasting, including a proposed mitigation and monitoring plan.
9. Landscape Buffer/Landscape Plan:
a. Landscape Plan per Standards above.
10. Noise & Vibration Plan:
a. Noise & Vibration Mitigation Plan per standards above.
11. Water Protection must be demonstrated and plans submitted must show:
a. Closed-loop or high-efficiency cooling systems are required.

b. Use of non-potable or reclaimed water is encouraged.
c. The Plan Commission may impose water withdrawal limits and mitigation.
d. Any data center facility shall be served exclusively by a public water supply and a public
sanitary sewer system provided by a municipality, city, town, or sanitary sewer district. The
use of private wells or septic systems is prohibited.
e. The applicant shall demonstrate that the proposed cooling system incorporates reasonably
available measures to minimize potable water consumption and protect the long-term
availability of the proposed water source.
f. Purging Methods, Reporting & Discharge Information:
i. The developer shall identify its cooling technology, water-treatment process, expected
blowdown/flush volumes, chemical constituents, treatment method, and ultimate
discharge/reuse destination and require all discharges to comply with the applicable
regulatory permits.
12. Water Quality Reporting: The facility shall maintain continuous reporting and submit a quarterly
report showing:
a. Discharge log:
i. Date, time and duration of the discharge;
ii. Outfall identification;
iii. Discharge type;
iv. Purging or cleanout methods used, including any chemicals, biocides, or anti-scaling
agents introduced into the system in connection with that event;
v. Estimated volume discharged;
vi. Destination.
b. Effluent metrics as specified in the facility’s National Pollutant Discharge Elimination
System (NPDES) permit ;
c. IDEM compliance reports. Third-party verification may be required.
13. Emissions and On-Site Generation:
a. Combustion generation shall comply with all state and federal permits.
b. Emissions shall meet PF-01 Performance Standards.
c. Additional mitigation or monitoring may be required.
d. The development shall not be designed or operated in a manner that would unnecessarily
preclude compliance with applicable County development standards governing associated
utility, energy, emissions, carbon management, or other infrastructure.
14. Financial Assurance – Letter of Credit
a. The County Commissioners may require an irrevocable Surety Bond in a form acceptable to
the County Attorney & County Commissioners.
b. The Surety Bond may guarantee:

i. Utility infrastructure;
ii. Generation commitments;
iii. Water recycling systems;
iv. Buffering, screening, and noise mitigation;
v. Any other imposed conditions deemed necessary by the Plan Commission or County
Commissioners.
c. The Surety Bond, if required, shall:
i. Be payable to DeKalb County, Indiana through the Board of Commissioners;
ii. Remain in effect until all obligations are certified complete;
iii. Be drawable upon default.
15. The County Commissioners may negotiate and enter into a Community Benefit Agreement
and/or Economic Development Agreement addressing project-specific infrastructure
improvements, mitigation measures, community benefits, economic development commitments,
site & performance enforcement, penalties, fines and other matters within the authority of the
County Commissioners. The Plan Commission shall not have the authority to enforce the EDA
and/or CBA, unless explicitly addressed in the agreement.
16. Findings and Conditions:
In addition to Section 9.08, the Plan Commission shall find that:
a. The required plans & studies demonstrate compliance with the applicable development
standards and any Community Benefit Agreement or Economic Development Agreements.
The Plan Commission may impose any reasonable conditions necessary to ensure compliance.
Article 11: Definitions:
Battery Storage System. One or more devices assembled together capable of storing electrical energy
for use at a later time.
Campus. One or more contiguous parcels under common ownership or control developed as a single
Data Center Facility, regardless of the number of phases or buildings.
Cooling Water: Water withdrawn from any source and used, whole or in part, for the purpose of heat
rejection from Data Center IT equipment, mechanical systems, or associated infrastructure — including
but not limited to cooling towers, adiabatic systems, and once-through cooling. Evaporative cooling is
prohibited.
Data Center or Data Center Facility. A facility consisting primarily of buildings, structures,
equipment, and associated infrastructure used for the processing, storage, management, transmission,
exchange, or other computational use of digital information, including associated electrical, mechanical,
cooling, communications, security, and utility infrastructure, regardless of the specific technology or
equipment utilized
Emergency Generator. A stationary internal combustion engine or turbine utilized solely for emergency
electrical power or periodic operational testing.

Power Demand: Cumulative power demand of all data center buildings on a single parcel or under
common ownership/control.
Tier 1: Colocation, Enterprise & Edge Data Center: A Data Center Facility collocated on industrial
zoned site designed to operate at an electrical demand less than five (5) megawatts.
Tier 2: Data Center: A Data Center Facility designed to operate at an electrical demand of five (5) to
one hundred (100) megawatts.
Tier 3: Hyperscale Data Center: A Data Center Facility occupying more than designed to operate at an
electrical demand exceeding one hundred (100) megawatts.
Water Withdrawal: The removal of water from a municipal supply for use at the Data Center site,
regardless of whether that water is subsequently treated, recycled, or discharged.

SECTION 2: That this amendment be in full force and effect upon its passage by the DeKalb County Board of
Commissioners.
READ AND PASSED ON FIRST READING: ______________________________, 2026.
READ AND PASSED ON SECOND READING: ____________________________, 2026.
READ AND PASSED ON THIRD READING: ______________________________, 2026.
DULY PASSED, ORDAINED AND ADOPTED on this ______day of ________________2026, by the County
Commissioners of DeKalb County, Indiana
by a vote of, ______ in adopting and/or ______ in rejecting and/or ______ in amending, the Plan Commission
recommendation.
If adopting, the Ordinance takes effect immediately.
If rejecting, the Commissioners shall state their reason to the Plan Commission.
If amending, the Commissioners shall send an amendment back to the Plan Commission.
__________________________________________
James Miller, President
__________________________________________
Kellen Dooley, Vice President
__________________________________________
Terry Yarde, Vice President
__________________________________________
Attest, Susan M. Sleeper, Auditor
Prepared by: Christopher Gaumer “I affirm under the penalties of perjury, that I have taken reasonable care to
redact each social security number in this document, unless required by law.” Christopher Gaumer