On the agenda: El Dorado meeting — Data Center (Jun 23)

Board of County Commissioners
Tuesday, June 23, 2026
6:00 PM
205 W. Central Ave. 4th Floor
El Dorado, KS 67042
Agenda
Joint session with the Butler County Board of County Commissioners and the Butler County Planning
and Zoning Commission.
A.

CALL to ORDER - 6 PM

B.

INVOCATION and PLEDGE

C.

ITEMS of BUSINESS
C.1 Work Session - Draft Data Center Regulations w/ Planning Commission
Draft - Data Center Application and Regulations 6.2.2026.pdf
Data Center Reg Memo.pdf

D.

ADJOURNMENT

Board of County Commissioners

1

Board of County Commissioners Agenda Item Report
Agenda Item No. 1
Submitted by: Will Johnson
Submitting Department: Administration
Meeting Date: June 23, 2026
SUBJECT
Work Session - Draft Data Center Regulations w/ Planning Commission
RECOMMENDATION
No Action - Receive staff presentation on the draft Data Center Regulations and take comments from
the County Commission and Planning Commission
ATTACHMENTS
• Draft - Data Center Application and Regulations 6.2.2026.pdf
• Data Center Reg Memo.pdf
BACKGROUND
With the push for data center development across the State of Kansas and speculators looking at Butler
County, staff feels it is important to develop a set of regulations prior to a project being applied for in
the undeveloped areas of the County. Staff has recommended having a minimum of four meetings with
two being work sessions and two meetings being public hearings before the Planning Commission. The
Planning Commission, when comfortable with adopting, can then make a recommendation for adoption
by the Board of County Commissioners.
ANALYSIS
The regulations being presented represent research by staff on Data Centers and are crafted similar to
the County's solar regulations. As presented in a draft format, Large scale projects would not be allowed
in the Flint Hills eco regions which is defined on a map as the last page of the regulations. The
regulations base location of the facilities based on size and addresses some of the major concerns of the
facilities such as sound and ground water impact. As staff works with both bodies, additional
requirements may be added or requirements the bodies think are not warranted can be deleted. With
both bodies input and the publics, staff hopes to develop a set of regulations which meets the needs of
our County.
FINANCIAL CONSIDERATION
None
LEGAL CONSIDERATION
Legal Counsel has developed and reviewed the draft regulations with staff
COMMISSIONER SIGNATURE REQUIRED
No
RECOMMENDED ACTION
No Action - Work Session

2

June 2, 2026

(Draft)
Data Center Regulation
As an amendment to Butler County, Kansas
Zoning Regulations

Contents:
• Statutes
• Application
• Regulation
• Illustration of Definitions

Prepared for:

Board of County Commissioners for
Butler County, Kansas
3

1
2
3
4
5
6
7
8
9
10
11
12
13
14

BUTLER COUNTY, KANSAS
APPLICATION FOR A CONDITIONAL USE PERMIT (“CUP”)
DATA CENTER PROJECT (APPLICATION PACKAGE)
For Community Development Planning and Zoning Use Only:
Application No.: [CUP No. - _____________]
Date Application Received: _______________
Received By: _______________________________
Meeting Type: ☐ Pre-Application Completed ☐ Waived (written) Date: _____________
Pre-Permit Application Review Fee Paid: $________________ Receipt No.: ___________
Application Fee Paid: $________________ Receipt No.: ___________
Anticipated Hearing Date (Planning Commission): ___________________
Anticipated Board of County Commissioners Action Date: ____________________________
1. Instructions and Submission Requirements

15
16
17
18
19
20
21
22
23
24
25
26

(a) Purpose. This Application for a Conditional Use Permit for a Data Center Project in Butler
County, Kansas (“Application”), is intended to align with the Butler County Zoning
Regulations section titled “Conditional Use Permit (“CUP”) for Data Centers” (the “Data
Center CUP Regulations”), including its submittal list, standards, and reporting
requirements.
(b) Completeness. Your application will not be scheduled for hearing until it is determined
complete by staff or specific items are waived in writing by the Butler County Zoning
Administrator, with approval of the County Administrator. Applicant should consult with
the Zoning Administrator regarding any section of the Regulations or this Application
which requires a plan or study to ascertain whether specific information is to be included
in the plan or study.
(c) Required format.

27
28
29
30
31
32

(1) Paper: ☐ _____ complete sets (folded to 8½” x 11” or as required);
(2) Digital: ☐ One searchable PDF (bookmarked)
☐ One plan set PDF
☐ CAD/GIS files if requested (DWG/DXF/SHP); and
(3) File naming: Use [Project Name-Date-Document] convention; include
version/date on each sheet.

33
34
35
36
37
38
39
40

(d) Professional seals. Where required by law or regulation, plans and calculations must be
sealed by a Kansas-licensed professional engineer or surveyor.
(e) Confidential submittals (security). Applicant may submit certain sensitive security details
as a separate confidential attachment, with a redacted public version, as described in
section 14 of this application package.
(f) Applicant responsibility. Approval of a CUP does not constitute approval of building
permits, stormwater permits, driveway and access permits, fire code approvals, KDHE
permits, or utility interconnections.

41
Draft – For Discussion Purposes Only 6.2.2026

1
4

Submit completed application to:
Butler County Community Development
(Planning and Zoning)
Attn: Toby Stewart, Director/Zoning Administrator
121 S. Gordy, Suite 202
El Dorado, KS 67042

42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64

Contact information for application questions:
Toby Stewart
Director of Community Development
Phone: (316) 322-4325
Email: [email protected]
or at the mailing address

2. Requested Action
Check all that apply:
☐
New CUP — Data Center (Construction and Operation)
☐
CUP Amendment / Expansion (Describe: ________________________________)
☐
CUP Transfer / Change in Operator – requires Board approval (Submit: Transferee
qualifications, operator contact, financial assurance replacement, assumption of
CUP conditions, and $500 fee)
☐
Phased Development (Attach: Phasing Plan)
☐
Data Center Accessory Uses included in this CUP (Check all that apply):
☐ Electrical substation / switching yard
☐ Utility interconnection infrastructure
☐ Backup generators
☐ Fuel storage
☐ Battery energy storage system (BESS) / UPS battery rooms
☐ Cooling plant and cooling towers / evaporative equipment
☐ Water treatment systems
☐ Fiber / telecom huts and easements
☐ Ancillary offices / administrative / security building / warehouse
☐ Other: __________________________________
3. Applicant / Owner / Operator Information
(a) Applicant (Primary Contact for Application)

65
66
67

Legal name: ____________________________________________________________
Entity type: ☐ Individual ☐ Corporation ☐ LLC ☐ Partnership ☐ Public entity
☐ Other: __________________

68
69

Mailing address: _________________________________________________________
Phone: _________________ Email: __________________________________________

70
71
72

Authorized representative (if any): ___________________________________________
Title / Company: __________________________________________________________
Phone / Email:___________________________________________________

Draft – For Discussion Purposes Only 6.2.2026

2
5

73

(b) Property Owner(s) of Record for Project (Attach: Deed(s) “Exhibit A”)

74
75
76

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

77
78
79

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

80
81
82

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

83
84
85

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

86
87
88

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

89
90
91

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

92
93
94

Owner name(s): ________________________________________________
Mailing address: ________________________________________________
Phone / Email: _________________________________________________

95

(c) Data Center Owner (If different from property owner(s))

96

Name: ________________________________________________________________

97

Address / Contact: _______________________________________________________

98

(d) Data Center Operator (If different from the Data Center Owner)

99

Name: ___________________________________________________

100

Network Operations Center / Operations contact: ______________________________

101
102

Address: _______________________________________________________________

Draft – For Discussion Purposes Only 6.2.2026

3
6

103

(e) Project Consultants / Team
Discipline

Firm / Contact Name

Phone No. and Email

Civil Engineer

Surveyor

Traffic Engineer

Acoustical
Consultant
Environmental

Architect

Legal Counsel

104

4. Property Identification and Legal Description

105
106
107
108
109
110
111
112
113
114

Project name: ____________________________________________________________
Project nickname, if any: ___________________________________________________
Site address / location description: ___________________________________________
Township/Range/Section: __________________________________
Total acreage (Gross): ___________ Acres
Net developable acreage: __________ Acres
Parcel ID(s): ___________________________________
Current land use: ___________________________________
Adjacent land uses (North/South/East/West):
________________________________________________________________________

115
116
117
118

Legal description:
☐ Attached full legal description as (“Exhibit B”) and provide a Word version via email
to the Zoning Administrator
Short legal (if available): ____________________________________________________

Draft – For Discussion Purposes Only 6.2.2026

4
7

119

Boundary survey: ☐ Attached (sealed) ☐ Not attached (explain): __________________

120
121
122
123

Floodplain status (FEMA / local maps):
☐ Not in mapped floodplain
☐ In floodplain: Panel ______________ Zone: ______________
☐ In floodway (Provide documentation and mitigation): ____________________

124

5. Zoning / Comprehensive Plan

125
126
127

Current zoning district: ______________________________________
Is Data Center listed as conditional use in this district?
☐ Yes ☐ No

128

Proposed zoning changes? ☐ No ☐ Yes (Describe: ______________________________)

129
130
131

Comprehensive plan designation for site: ______________________________________
6. Project Description (Data Center) — Narrative and Key Metrics

132

(a) Use and Data Center Campus Overview

133

Attach: Project Narrative (“Exhibit C”):

134

Describe proposed use(s) and accessory uses (admin, security, maintenance, storage):

135

_________________________________________________________________

136
137

Is this a multi-building campus? ☐ Yes ☐ No
If yes, campus description and shared infrastructure: __________________________

138
139

Phasing proposed? ☐ Yes ☐ No
If yes, provide phases with anticipated dates, buildings, and capacity added per phase:

140

_______________________________________________________________________

141

(b) Building Program / Area
Description
Item
Proposed Phase 1
Ultimate Buildout
Data Halls
Support/Office
Total Building Area

1

2

Draft – For Discussion Purposes Only 6.2.2026

3

4

5
8

Description
Item
Max Building Heights

142

1

2

3

4

(c) Electrical / Energy Metrics

143

IT Load (MW): Phase 1: ___________ Ultimate: __________

144
145
146

Total facility electrical demand (MW) (inclusive of cooling and balance-of-facility):

147
148
149

Utility service voltage / interconnect concept: _________________________________
On-site substation proposed? ☐ Yes ☐ No
If yes: location on plan? ☐ Yes ☐ No Size/footprint: _____________________________

150
151
152

PUE target/range: [e.g., 1.15–1.35]
Energy efficiency measures (controls, free cooling, heat recovery, etc.):
________________________________________________________________________

Phase 1: __________ Ultimate: __________

153

(d) Cooling Technology and Thermal Management

154
155
156
157
158
159
160
161
162
163
164
165
166

Cooling type (check all that apply):
☐ Air-cooled (DX/chillers)
☐ Open-loop water cooling
☐ Closed-loop water cooling
☐ Water-cooled chillers
☐ Evaporative
☐ Adiabatic
☐ Cooling towers
☐ Direct liquid cooling and immersion
☐ Free cooling
☐ Underwater cooling
☐ Hybrid
☐ Other: ____________________

167

Cooling narrative (including redundancy concept N+1/2N, if applicable):

168

_______________________________________________________________________

169
170
171

Thermal Management: Identify all material sources of heat generation and thermal
discharge associated with the Data Center, including information technology equipment,
mechanical and electrical equipment, backup power systems, cooling systems, heat

Draft – For Discussion Purposes Only 6.2.2026

6
9

172
173

rejection equipment, and any other infrastructure that may affect ambient air
temperature, water temperature, or neighboring properties.

174
175

(e) Water Use Feasibility Study - Water Use / Wastewater / Stormwater

176

(1) Water source/provider:

177
178
179
180

☐ Public system ☐ Rural water district ☐ Other: _______________________________
☐ If other, applicant acknowledges that private groundwater wells and direct
withdrawals from surface watercourses are prohibited for principal data center use unless
the regulation is amended.

181

Provider name/contact (if applicable): ________________________________________

182
183

Estimated water use (Attach: Water Use Feasibility Study and Conservation Plan “Exhibit
N”):

184
185
186
187

•
•
•
•

188

(2) Wastewater:

189
190
191
192
193

☐ None / minimal (domestic only) ☐ Public sewer ☐ NPDES On-site system
☐ Other: ________
Provider / on-site approach: ________________________________________________
Any process wastewater / blowdown? ☐ Yes ☐ No
If yes, describe quality / pretreatment / discharge: _______________________

194

(3) Stormwater:

195
196

National Pollutant Discharge Elimination System (“NPDES”) construction permit
required? ☐ Yes ☐ No ☐ Unknown

197
198

Proposed detention / retention and discharge point(s):
______________________________________________________________

199

Water quality BMPs: _______________________

200

Average daily (gpd): _______________________
Peak daily (gpd): _______________________
Annual (gpy): _______________________
Water use by mode (e.g., economizer/evap) and seasonality: _____________

(f) Fiber / Telecom

Draft – For Discussion Purposes Only 6.2.2026

7
10

201
202
203
204

Fiber provider(s) / intended carriers (if known): _______________________
Proposed fiber route(s) / easements (General description): _______________________
On-site telecom structures (huts/towers)? ☐ No ☐ Yes (Describe and attach: FAA,
“Exhibit V”, if applicable): _______________________

205
206

7. Backup Power / Generators / Testing (Detailed Disclosure)

207

(a) Generator Summary

208

Fuel type: ☐ Diesel ☐ Natural gas ☐ Dual-fuel ☐ Other: _______________________

Item

Phase 1

209
210
211

No. of
Rating per
Total
Generator
Generators Generator Generator Tier/Standard
Capacity

Stack
Heights

Manufacturer/model (if known): _______________________
Emissions controls (DOC/DPF/SCR/oxidation catalyst, etc.)1i: ______________________
Air permitting pathway (KDHE/EPA, minor source, etc.): _______________________

212

(b) Generator Testing and Load Bank Testing

213
214
215
216

Routine testing schedule (days/times; frequency): _______________________
Estimated testing hours per generator per month: _______________________
Load bank testing proposed? ☐ Yes ☐ No
If yes, describe frequency, duration, and noise mitigation: _______________________

217

(c) Outage Operations and Notifications

218
219
220

Ultimate
Buildout

Describe protocol for extended generator operation during outages (run-time tracking;
fuel delivery; notification to County when feasible): _______________________
8. Hazardous Materials / Batteries / Fuel Storage / Secondary Containment

221

(a) Hazardous Material Inventory (Attach: Hazardous Material Management Plan, “Exhibit
1

DOC (Diesel Oxidation Catalyst), DPF (Diesel Particulate Filter), and SCR (Selective Catalytic Reduction)

Draft – For Discussion Purposes Only 6.2.2026

8
11

222

L”)

223
224
225

Will hazardous materials be stored/used onsite (including fuels, coolants, refrigerants,
battery electrolytes/chemistries, cleaning agents)?
☐ Yes ☐ No

226

Attach inventory table? ☐ Yes (Required if: “Yes”) ☐ N/A

227

(b) Batteries / UPS / BESS

228
229
230

UPS battery rooms proposed? ☐ Yes ☐ No
BESS proposed? ☐ Yes ☐ No
If yes to either, complete below:

231
232
233
234

Battery chemistry: ☐ Lithium-ion ☐ Lead-acid ☐ Flow battery ☐ Other: _______
Total nameplate energy capacity (MWh): Phase 1 ________ / Ultimate ________
Fire detection/suppression approach (conceptual): ________________________
Thermal runaway mitigation / separation / venting (conceptual): _____________

235

(c) Fuel Storage
On-site fuel storage? ☐ Yes ☐ No (If yes, identify):

236
Tank ID

237
238
239

Fuel Type

Above/Below
Ground

Capacity
(gal.)

Location

Secondary
Containment Type

Containment
Volume (gal.)

SPCC plan required? ☐ Yes ☐ No ☐ Unknown (To be determined)
Fuel delivery plan (routes, hours, spill prevention): _____________________________
(d) Secondary Containment / Spill Prevention

Draft – For Discussion Purposes Only 6.2.2026

9
12

240
241
242
243
244

Describe secondary containment design standard (Largest tank + freeboard, roofed
containment, drainage controls, etc.): _________________________________________
Spill response procedures and reporting contacts (Summary):
______________________

245
246
247

9. Traffic / Access / Construction Management
(a) Operational Traffic and Access

248
249
250
251

Primary access road(s): ______________________________________
Number of driveways/access points: ___________________________
KDOT access permit needed? ☐ Yes ☐ No ☐ Unknown
Butler County access permit needed? ☐ Yes ☐ No ☐ Unknown

252
253
254

Estimated operational employees (peak shift): ___________________
Estimated daily deliveries (average/peak): ______________________
Truck types expected (box/semi/fuel/oversize): __________________

255

(b) Construction Management (Attach: Construction Management Plan, “Exhibit O”)

256
257
258
259
260
261
262
263
264

Estimated Construction start: _______________ Est. duration (Phase 1): _____________
Construction hours proposed: ____________________
Peak construction workers: __________
Peak daily truck trips (in/out): __________
Haul routes (map attached?): ☐ Yes ☐ No
Temporary traffic control needed? ☐ Yes ☐ No
Worker parking/staging areas: ______________________________________________
Dust/mud control BMPs: __________________________________________________
Road damage prevention/restoration commitment (summary): ____________________

265

________________________________________________________________________

266
267
268
269
270
271
272

10. Noise / Lighting / Screening (Performance Standards Support)
(a) Noise
Primary operational noise sources (cooling, generators, transformers, etc.): __________
________________________________________________________________________
Noise study submitted? ☐ Yes ☐ No ☐ Waiver requested (Attach: Written justification)
Proposed noise mitigation (barriers, enclosures, silencers, layout): __________________
________________________________________________________________________

Draft – For Discussion Purposes Only 6.2.2026

10
13

273
274
275
276
277

Identify nearest noise-sensitive receptor(s) and distance(s):
(b) Lighting
Lighting plan / photometrics submitted? ☐ Yes ☐ No
Security lighting needs and controls (timers/dimming/motion sensors): ______________
(c) Screening / Landscaping

278
279
280

Landscape/screening plan submitted? ☐ Yes ☐ No
Screening methods (berms/walls/fencing/evergreen): ____________________________
Buffer provided to residences/residential zoning (width/description): _______________

281
282

11. Emergency Response Coordination (Fire, Emergency Management, Emergency Medical
Services, Law Enforcement)

283
284

Fire authority having jurisdiction: ____________________________________________
Emergency Management coordination contact: _________________________________

285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300

(a) Site Access and Fire Protection (Attach: Fire and Life Safety Plan, “Exhibit K”)
Fire lanes / apparatus access compliance narrative: ______________________________
Hydrant locations / water supply concept / fire flow (if applicable): _________________
Special hazards (battery rooms, fuel systems, clean agent suppression): _____________
Alternative fire suppression: ________________________________________________
Approval of Development Plan by Fire, EM, and EMS will be required.
(b) Incident Notification and Contacts
Provide 24/7 emergency notification procedure and escalation list (summary; detailed
list may be confidential if permitted): _______________________________________
Coordination commitments (Check all that apply):
☐ Annual coordination meeting with Emergency Management and fire authority
☐ Provide updated site plan and hazardous materials summary to responders
☐ Participate in tabletop exercise upon reasonable request (frequency): _____________
12. Decommissioning Plan and Financial Assurance
(a) Decommissioning and Site Restoration or Other Disposition Plan (Attach: Proposed
Plan, “Exhibit T”)

Draft – For Discussion Purposes Only 6.2.2026

11
14

301
302

Applicant must enter into a Plan for the restoration or disposition of the site with Butler
County.

303

Trigger events proposed/acknowledged (check all):

304
305
306
307

☐ Cessation of primary operations for _______ months;
☐ Abandonment of the site;
☐ CUP revocation with order to cease operations; or
☐ Voluntary permanent shutdown by the owner.

308
309
310
311

Decommissioning scope summary (equipment removal, battery, fuel disposal,
demolition, grading, revegetation): __________________________________________

312
313

Stormwater facility disposition at decommissioning (remove/convert/leave with O&M
entity): _________________________________________________________________

314

________________________________________________________________________

(b) Cost Estimate and Financial Assurance

315
316
317
318

Engineer/cost estimator name and firm: _____________________________________
Date of estimate: _________________________
Estimated decommissioning cost: $__________________________
Contingency included: _______%

319
320

Proposed assurance type (Check one: subject to approval):
☐ Irrevocable letter of credit ☐ Performance bond ☐ Cash escrow ☐ Other: _________

321

Proposed issuance date / milestone: _______________________

322

13. Community Meeting Documentation

323
324
325
326
327
328
329
330
331

Applicant shall provide Community Meeting Documentation as (“Exhibit Y”) to include:

□ Notice letters;
□ proof of publication notice;
□ a list of individuals given written notice of the meeting;
□ meeting materials;
□ attendance/sign-in, written comments;
□ a summary of any input received from members of the community at the meeting; and
□ applicants’ response summary.

Draft – For Discussion Purposes Only 6.2.2026

12
15

332

14. Required Studies / Attachment Checklist

333
334

Applicant must check items included with the application submittal. Where an item is not
applicable, mark N/A and provide an explanation or waiver request.

335

(a) Core Submittals
No.

Item Included

Exhibit

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)

Completed Application for a CUP
Applicable application fee
Landowner information and applicant documents
Legal Description
Project narrative
Development Plan and Site Plan
Landscape and Screening Plan
Lighting Plan
Utilities / infrastructure letters
Stormwater / Erosion / Floodplain documentation
Construction Management Plan
Security Plan (public and redacted version)
Emergency Response Coordination Summary
Decommissioning Site Restoration-Disposition Plan
Community Meeting Documentation

A
B
C
D
E
F
I
J
O
P/P-1
Q
T
Y

336

Automatic
Waiver2

Included


E/M
E/M

N/A
N/A

Waiver
Request

(b) Plans, Studies, and Technical Reports (As Applicable or Required by Staff)
No.
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)

Item Included
Traffic Impact Study (TIS)
Noise and Vibration Study
Fire and Life Safety Plan(conceptual)
Hazardous Materials Management Plan
Air Quality Emissions Information
Water Use Feasibility Study
Energy Use Plan
Electronic Waste Plan
Environmental and Cultural Resources Review
FAA Aviation Filing Determination

Exhibit
G
H
K
L
M
N
R
S
U
V

Automatic
Waiver

Included


E/M3

N/A

E/M
E/M

N/A
N/A

Waiver
Request

2

Modular/Container (M) or Edge/Micro (E) – Automatic waiver of production of item with application. Subject to
later production upon specific request of Zoning Administrator.
3
Not required if Project does not use water as cooling technology, however, this full study waiver is authorized only
if the Zoning Administrator confirms water demand is de minimis and no process/cooling/fire-flow issue exists.

Draft – For Discussion Purposes Only 6.2.2026

13
16

No.

Item Included

(26) Thermal Impact Mitigation Plan
(27) Notice Posting / Mailing List
(28) Other: staff-requested studies and applicant
production not listed as an Exhibit

Exhibit
W
X
Z

Automatic
Waiver
E/M

Included


Waiver
Request

337

Draft – For Discussion Purposes Only 6.2.2026

14
17

338
339
340
341
342
343

15. Confidentiality / Redacted Submission Option (Security-Related Materials)
(a) Public Records and KORA
Applicant acknowledges that Butler County is subject to the Kansas Open Records Act
(“KORA”) (K.S.A. 45-215 et seq.) and that CUP application materials may be subject to
disclosure unless an exception applies.
(b) Confidential Submission Procedure (Security Plan)

344
345

If the Applicant believes disclosure of specific security details could create a security risk,
the Applicant may submit:

346
347
348
349
350

(1) Public version (required): A redacted Security Plan that provides
sufficient information for land use review (e.g., general fencing type,
access control concept, lighting controls, coordination commitments)
without disclosing sensitive vulnerabilities; and
(2) Confidential version (optional): A separate attachment labeled:

351
352
353
354
355
356
357
358
359
360
361
362
363

“CONFIDENTIAL — SECURITY INFORMATION (KORA REVIEW REQUIRED)”
☐ Applicant elects to submit a confidential security attachment.
Confidential attachment/file name: __________________________________________
(c) Applicant Certification Regarding Confidentiality
Applicant certifies that:
(1) The redactions are limited to information reasonably believed to be exempt
from disclosure under KORA;
(2) Butler County will determine disclosure obligations and may consult legal
counsel; and
(3) Applicant will defend and hold Butler County harmless from claims arising
from Applicant’s improper designation of confidentiality, to the extent
permitted by Kansas law.
Initials: _________

364

Draft – For Discussion Purposes Only 6.2.2026

15
18

365
366

16. Public Notice Support: Sign Posting and Mailing List Certifications
(a) Notice Sign Posting (Applicant Certification)

367
368

Applicant understands that Butler County requires posting of a notice sign on the subject
property in accordance with County procedures.

369
370
371

Posting completed by (name/company): _______________________________
Date posted:________________ Time: __________
Sign location description (frontage/intersection/GPS if available): ____________

372

Photo(s) attached showing sign and location? ☐ Yes ☐ No

373
374

Certification: I certify the notice sign was posted and maintained as required.
Signature: ______________________ Date: _______________

375

(b) Mailing List Certification (If Applicant Provides List)

376
377

☐ Butler County will generate mailing list
☐ Applicant provided mailing list (must be verified)

378
379
380
381
382
383
384
385

If provided by Applicant:
Source of ownership data: ☐ County GIS/Assessor ☐ Title company ☐ Other: ________
Notice radius used: _________________ feet
Date list generated: _________________
Prepared by: _______________________
Certification: I certify this mailing list is accurate to the best of my knowledge based on
the stated source and date.
Signature: ____________________________ Date: ______________

386

Draft – For Discussion Purposes Only 6.2.2026

16
19

387

17. Applicant Authorizations, Affidavits, and Certifications

388

(a) Authorization to Act (If Applicant Is Not Owner)

389
390
391
392

☐ Applicant is the property owner
☐ Applicant is authorized agent for owner (Attach authorization)
Owner authorization attached? ☐ Yes ☐ No
(b) Affidavit of Ownership / Agent Authority (Notarized)

393
394
395

State of ___________________

396

I, __________________________, being first duly sworn, state that (check one):

397

☐ I am the owner of the property described in this application; or

County of _________________

)
) ss:
)

398
399

☐ I am the authorized agent of the owner, and I am authorized to submit this
application and represent the owner in this matter.

400
401
402

Owner name(s): ___________________________________________

403
404
405

Affiant signature: ____________________________________
Printed name/title: __________________________________
Date: _______________

406
407
408
409

Subscribed and sworn before me this ____ day of _______________, 20____.
Notary Public: _____________________________
My commission expires: _________________
Notary seal:

410
411
412
413
414
415
416

Property address/description: _______________________________________________

(c) Certification of Accuracy and Agreement to Conditions
The undersigned certifies that:
1. All statements and materials submitted are true, correct, and complete to the
best of the undersigned’s knowledge;
2. the Applicant will comply with all applicable Butler County Zoning Regulations,
including the Conditional Use Permit (“CUP”) for Data Centers Regulations, and
all CUP conditions imposed;

Draft – For Discussion Purposes Only 6.2.2026

17
20

417
418
419
420

3. the Applicant understands that misrepresentation or omission of material facts
may result in denial, revocation, or enforcement action; and
4. the Applicant authorizes Butler County staff to enter the property at reasonable
times for site inspection related to this application (subject to applicable law).
Applicant (legal name):
Authorized signatory name/title:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Owner acknowledgment:
Owner name:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Owner acknowledgment:
Owner name:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Owner acknowledgment:
Owner name:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Owner acknowledgment:
Owner name:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Owner acknowledgment:
Owner name:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Owner acknowledgment:
Owner name:
Signature:
Date:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Operator acknowledgment:
Operator name:
Signature:

_____________________________________________
_____________________________________________
_____________________________________________

421

Draft – For Discussion Purposes Only 6.2.2026

18
21

Date:

_____________________________________________

422

Draft – For Discussion Purposes Only 6.2.2026

19
22

423

18. Staff Completeness Review (Internal Use)

424

18.1 Completeness Determination

425
426

Date of initial completeness review: _____________________
Reviewer: _________________________________

427
428
429

☐ Complete — eligible to schedule hearing
☐ Incomplete — additional items required (Attach: Deficiency letter)
☐ Complete with waivers (Attach: Written waivers)

430
431
432

Deficiency letter issued date: _____________________
Resubmittal received date: _____________________
Final completeness determination date: _____________________

433

18.2 Internal Routing / Comments (Initial)

Department/Agency

Routed Date

Date Received

Reviewer Date

Planning/Zoning
Date

Administration
Clerk
Emergency Management
Emergency Medical Services
Fire District
KDHE/KDOT/Other (if applicable)
GIS/Mapping
Public Works

434

Draft – For Discussion Purposes Only 6.2.2026

20
23

435

19. Exhibits (Attach and Label by Exhibit letter)
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit O:
Exhibit P:
Exhibit P-1:
Exhibit Q
Exhibit R:
Exhibit S:
Exhibit T:
Exhibit U:
Exhibit V:
Exhibit W:
Exhibit X:
Exhibit Y:
Exhibit Z:

Ownership Documentation / Authorization to Act
Legal Description
Project Narrative
Development Plan and Site Plan
Landscape / Screening Plan
Lighting / Photometrics
Traffic Impact Study
Noise / Vibration Study
Utilities Letters (e.g., power/water/wastewater/telecom)
Stormwater / Erosion / Floodplain Documents
Fire and Life Safety Plan
Hazardous Materials Management Plan
Air Quality / Emissions Information
Water Use Feasibility Study and Conservation Plan
Construction Management Plan
Security Plan — Public Version
(Optional): Security Plan — Confidential Version
Emergency Response Coordination Summary
Energy Usage Plan
Electronic Waste Plan
Decommissioning and Site Restoration/Disposition Plan / Financial Assurance
Environmental and Cultural Resources Review
FAA aviation filings or determinations
Thermal Impact Mitigation Plan
Notice Posting Photos / Mailing List
Community Meeting Documentation
Other: as requested by staff
Other: Documents produced by Applicant not otherwise listed as an exhibit

436
End of Application

Draft – For Discussion Purposes Only 6.2.2026

21
24

1

Butler County, Kansas Zoning Regulations

2

Conditional Use Permit for Data Centers

3
4
5
6
7
8

This regulation is adopted as an amendment and addition to the Butler County Zoning Regulations
by the Board of County Commissioners of Butler County, Kansas (“Board”), upon
recommendation of approval by the Butler County Planning Commission (“Planning
Commission”), to establish application requirements, review procedures, approval criteria,
development standards, and operating standards for a Conditional Use Permit for a Data Center
(“CUP”) proposed within the unincorporated areas of Butler County, Kansas.

9
10

Unless otherwise specified, the following data center classifications are provided for reference
purposes only and are further defined in the Definitions Section 20 ¶ 21:
Data Center
Classification

Brief Description

Annual
Power
Usage

Cumulative
Buildings Size
in Sq. Ft.

Project
Site
Acreage

Hyperscale

Extremely large-scale
operations with high efficiency

50-200+MW

100,000 +

40 +

Colocation

Large, shared multi-tenant
facilities businesses to house
their own IT infrastructure or
rent space from a provider

5-50 MW

20,000 - 100,000

10-40

Enterprise

Medium-to-large facilities with
customized infrastructure for
large organizations

1-10 MW

10,000 – 20,000

2-10

Edge/Micro

Small, modular units at
decentralized sites close to
users and data sources to reduce
latency (telecommunications
delay)

<1MW

5,000 -10,000

<5

Modular/Container Portable and scalable with rapid
setup in remote or emergency
scenarios

0.1-2MW

<5,000

<5

11
12

SECTION 20. DATA CENTER REGULATIONS

13

1. Purpose and Intent

14
15

(a) The purpose of this Section 20 Data Center Regulations (“Regulation”) is to establish
application requirements, review procedures, approval criteria, and enforceable

Draft – For Discussion Purposes Only
25

16
17
18

development and operating standards for data centers, to address the main issues identified
in Section 20 ¶ 1.(b)(6).
(b) This Regulation is intended to:

19

(1) Protect public health, safety, and welfare;

20
21

(2) ensure compatibility with surrounding land uses and the Butler County
comprehensive plan;

22

(3) address infrastructure capacity and coordinated utility service;

23
24

(4) limit and mitigate off-site impacts such as emissions, hazardous materials risks,
lighting, noise, stormwater, traffic, vibration, and water usage;

25
26

(5) provide predictable standards for applicants while preserving case-by-case review
through the conditional use process; and

27
28

(6) address the main issues related to data center projects during the application
process, to include, but not be limited to the following:
(A) Agricultural Impact;
(B) Air Quality Emission;
(C) Applicants Experience, Reputation, and Financial Ability;
(D) Backup Power;
(E) Buffering;
(F) Construction Management;
(G) Decommissioning, Removal, and Reclamation;
(H) Electronic Waste;
(I) Emergency Response;
(J) Energy Use;
(K) Fire and Safety;
(L) Fuel Storage;
(M) Hazardous Materials;
(N) Infrastructure Costs;
(O) Land Use;
(P) Lighting;
(Q) Noise;
(R) Preservation of Flint Hills Ecoregion a/k/a Tallgrass Heartland;
(S) Public Health and Safety;
(T) Stormwater;
(U) Thermal Conditions;
(V) Traffic;
(W) Vibration;
(X) Visual Impact; and
(Y) Water Usage.

Draft – For Discussion Purposes Only

2
26

29

2. Authority; Coordination with Kansas Law

30
31
32

(a) This Regulation is adopted pursuant to Butler County’s zoning and police powers and the
authority granted to counties under applicable Kansas statutes, including K.S.A. 12-741 et
seq., as applicable, and other applicable federal, state, and local laws and regulations.

33
34
35

(b) Where a conflict exists between this Regulation and any other provision of the Butler
County Zoning Regulations, the more restrictive provision controls unless otherwise
required by law.

36

(c) This Regulation is intended to operate in coordination with the Butler County:

37

(1) Comprehensive Plan;

38

(2) Zoning Regulations;

39

(3) Subdivision Regulations, (if applicable);

40

(4) Floodplain Management Regulations, (if applicable);

41
42

(5) building, fire, and safety codes adopted by Butler County or local jurisdictions;
and

43
44

(6) filing fees adopted by resolution on file with Butler County Community
Development Office.

45

3. Applicability

46
47
48
49

(a) CUP Required. A CUP is required to construct, expand, or operate a data center in the
Rural Residential (RR), Residential Estates (RE), AG-40, AG-80, Commercial, and
Industrial (I) zoning districts. A data center is not allowed as a permitted use or as a
conditional use in all other zoning districts.

50

(b) Expansions and Material Changes. An amended CUP is required for:

51
52
53

(1) Any increase in building floor area, IT load, generator count or capacity, cooling
plant capacity, fuel storage volume, or site area beyond thresholds in Section 20 ¶
13 (Modification);

54
55

(2) any change in primary access points or circulation that materially affects traffic or
emergency access; or

56
57

(3) any new or expanded substation or major utility interconnection not previously
approved.

58
59
60
61
62

(c) Exemptions. Routine maintenance, equipment replacement-in-kind, and interior upgrades
that do not increase approved external impacts, capacities, or site disturbance, may be
approved administratively under Section 20 ¶ 13, subject to the submittal of documentation
related to the proposed action to be taken by the applicant to the Butler County Zoning
Administrator (“Zoning Administrator”).

Draft – For Discussion Purposes Only

3
27

63

(d) Relationship to Other Approvals

64
65
66
67
68

(1) Approval of an application for a data center CUP does not waive requirements for
any other permits, approvals, or licenses, including but not limited to building
permits, stormwater permits, access permits, sanitary permits, fire code approvals,
environmental permits, FAA determinations, and any required approvals from
utility providers.

69
70

(2) The applicant is responsible for securing and maintaining all required permits and
approvals throughout construction and operation.

71

4. Definitions (Data Center CUP)

72
73

Terms have the meanings as set forth in the Butler County Zoning Regulations unless they are
defined in Section 20 ¶ 21Definitions or are defined as follows:

74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104

A. Data Center Project. “Data Center Project” or “Project” means the total
development proposed, approved, constructed, operated, maintained, expanded,
modified, or decommissioned under a Data Center CUP, including all data center
buildings, accessory facilities, phases, site improvements, utility infrastructure, access
roads, driveways, stormwater facilities, grading, landscaping, screening, security
improvements, and any off-site infrastructure proposed, required, or reasonably
necessary to serve the data center use.
B. Project Site. “Project Site” means all real property, parcels, tracts, lots, lease areas,
easements, options, rights-of-way, or other land interests within Butler County that are
owned, leased, optioned, contracted for purchase, under easement, or otherwise
controlled by the applicant, project owner, operator, or affiliate for purposes of
developing, constructing, operating, maintaining, expanding, buffering, mitigating, or
decommissioning the Data Center Project.
C. Project Boundary. “Project Boundary” means the outermost surveyed boundary of
the Project Site, as shown on the approved site plan, legal description, and required
boundary survey. Where the Project Site includes noncontiguous parcels or land
interests, the Project Boundary shall include the surveyed boundary of each approved
parcel or land interest. Off-Site Infrastructure shall not be included within the Project
Boundary unless expressly included in the approved CUP.
D. Development Area. “Development Area” means the portion of the Project Site
proposed or approved to be graded, cleared, excavated, filled, paved, fenced,
landscaped, used for stormwater management, or otherwise physically altered for
construction, operation, maintenance, expansion, or decommissioning of the Data
Center Project. The Development Area includes buildings, accessory facilities, internal
roads, parking, loading areas, laydown areas, utility yards, substations, generator yards,
cooling equipment, water or wastewater facilities, stormwater facilities, and similar
improvements.

Draft – For Discussion Purposes Only

4
28

105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120

E. Buffer. “Buffer” means an area of land, landscaping, berming, fencing, wall, open
space, distance separation, or combination thereof, located within the Project Site and
designed to mitigate visual, noise, lighting, stormwater, compatibility, or other off-site
impacts of the Data Center Project.
F. Project Area Exclusion. A Data Center Project is prohibited from development of a
Data Center in the area, within the unincorporated area of Butler County, Kansas which
is outside the jurisdiction of any city within the county, commonly known as the Flint
Hills Ecoregion, to include the Tallgrass Heartland, the boundaries of which are set forth
in the map attached as “Exhibit A” and generally described as: an area East of a line
starting at the south Butler County line going north on US Hwy 77 into Augusta, and
jogging east at US HWY 54/400/77 to Ohio Street and then north on Ohio Street to K254, then west on K-254 to River Valley Road, then north on River Valley Road to
Parallel Road, and then west on Parallel Road to Diamond Road, then north on Diamond
Road to K-196, then west by northwest on K-196 to Meadowlark Road and then north
on Meadowlark Road to the Butler County line.

121

5. Pre-Application Meeting

122

(a) Required Meeting

123
124
125
126
127

(1) Prior to submitting an application for a data center CUP, the applicant shall
participate in a pre-application meeting with Butler County staff, including
Community Development/Planning and Zoning, Butler County Public Works,
Butler County Emergency Management, and any other departments the Zoning
Administrator deems appropriate.

128
129
130

(2) The purpose of the meeting is to identify applicable standards, required studies,
potential impacts, department coordination needs, confirmation of core submittal
items, required plan and studies, and technical reports.

131
132
133

(b) Concept Plan
At least sixty (60) days prior to the pre-application meeting, the applicant shall provide to
the Zoning Administrator a concept plan and written description sufficient to evaluate:

134

(1) Site location and acreage;

135

(2) preliminary layout, access points, and phases;

136

(3) proposed IT load and utility needs (e.g., power, water, wastewater, telecom);

137

(4) anticipated generators, fuel storage, cooling technology; and

138

(5) proposed schedule and construction phasing.

139
140

(c) Kansas Intelligence Fusion Center
(1) At the pre-application meeting, the applicant shall disclose whether the applicant

Draft – For Discussion Purposes Only

5
29

141
142

has initiated, intends to initiate, or has completed the screening process with the
Kansas Intelligence Fusion Center (“KIFC”).

143
144

(2) If available, the applicant may provide a copy of the completed KIFC report to the
Zoning Administrator at the time of the pre-application meeting.

145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181

(d) Required Community Meeting
(1) A community meeting coordinated and paid for by the applicant shall, unless
expressly waived by the Zoning Administrator with the County Administrators
approval, be held prior to the public hearing with the Planning Commission to give
the community an opportunity to have the applicant present information regarding
the proposed Project and for the community to submit comments and concerns for
response. The applicant shall provide a written response to the comments and
concerns which will be submitted to the Zoning Administrator and placed on the
Butler County website.
(2) The applicant shall provide individual written notice, by certified mail, of the date,
time, and location of the meeting, at least twenty-one (21) but no more than thirty
(30) days, in advance of the meeting date to:
(A) All owners of record of real estate located within a one thousand (1,000)
feet radius of the Project Boundary and for noncontiguous Project Sites,
notice should be measured from each component boundary as indicated
on the certified list of such property owners provided with the
application;
(B) all cities and townships within a three (3) mile radius of the Project
Boundary;
(C) the Zoning Administrator; and
(3) such notice shall include a brief description of the proposed Project, the name,
address and telephone number of the applicant and the applicant's contact person,
the anticipated construction dates, the anticipated day in which the application will
be submitted to the Planning Commission and the following statement:
“This letter is being sent to the owners of nearby properties for the
purpose of informing the property owners and other interested
parties about the proposed data center facility project described
further in this letter. This letter does not grant the recipient or the
property owner any additional legal rights to challenge the proposed
development. This letter is being provided solely to advise property
owners of the pending development. For further information,

Draft – For Discussion Purposes Only

6
30

182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220

contact the applicant's designated representative or the Butler
County Community Development Office at 316-322-4325 or 121 S.
Gordy, Suite 202, El Dorado, KS 67042";
(4) the date, time, and location of the meeting shall be published at least once in the
official county newspaper and any other county newspaper of general circulation
in the area, by the applicant, at least twenty-one (21) but no more than thirty (30)
days, in advance of the meeting date;
(5) the meeting shall be held within the township in which the majority of the Project
Site is located at a place open to the community with adequate parking and seating
facilities to accommodate persons with disabilities, however, if an adequate facility
is not available to comply with these requirements, the nearest suitable facility
which meets the requirements shall be utilized;
(6) the meeting shall give members of the community the opportunity to review
applicants’ documentation related to the Project, ask questions of the applicant, and
provide comment; and
(7) prior to the public hearing held by the Planning Commission, the applicant shall
provide the Zoning Administrator with community meeting documentation to
include: notice letters, proof of publication notice, a list of individuals given written
notice of the meeting, meeting materials, attendance/sign-in, written comments, a
summary of any input received from members of the community at the meeting,
and applicants’ response summary.
(e) No Vesting
The pre-application and community meetings do not vest rights or guarantee approval.
6. Application for a CUP - Submittal Requirements (Data Center)
(a) General
(1) An application for a data center CUP is complete only when all items required by
these Regulations, the CUP core submittal checklist, and the studies and technical
reports are provided. The information in an application for a CUP and the Plan shall
be current at the time of submission of the Project to the Planning and Zoning
Department. Where required information is not available at the time of submission
of the application, estimates or alternative information shall be provided and noted
as estimates or alternatives. Only requirements relevant to the Project shall be
submitted with the application. The Zoning Administrator or the Planning
Commission may request additional information from the applicant.

Draft – For Discussion Purposes Only

7
31

221
222
223
224

(2) Applicant should consult with the Zoning Administrator regarding any section of
these Regulations or the Application for a Conditional Use Permit - Data Center
Project (Application Package), which requires a plan or study, to ascertain whether
specific information is to be included in the plan or study.

225
226
227
228
229
230

(3) The Zoning Administrator, with the written approval of the County Administrator,
may grant a written waiver to include specific findings, for a core submittal or other
specific plans, studies, technical reports, letters, reviews, or items, upon submittal
by the applicant for a waiver request. An automatic waiver of core submittal or
other specific plans, studies, technical reports, letters, reviews, or items, is granted
for certain data center classifications as set forth in the application.

231
232
233

(4) An application shall include information identifying whether the applicant has
initiated or completed the screening process with the Kansas Intelligence Fusion
Center (“KIFC”).

234
235
236
237
238
239

(5) The KIFC comprehensive report detailing the applicant's history and qualifications
to ensure public safety and mitigate liability shall be provided to the Zoning
Administrator as a condition of any approval of the CUP, subject to redaction of
any confidential or proprietary information. Any KIFC report shall not be construed
as evidence of zoning compatibility and does not waive any County environmental,
utility, public-safety, or land-use findings.

240
241
242
243

(6) Applicant will be responsible for the cost incurred by the County when plans,
studies, technical reports, letters, reviews, or other items are reviewed by third party
contracted by Butler County. The cost shall be paid by applicant within thirty (30)
days of invoicing.

244

(b) Application Contents

245

The applicant shall submit the following in a form acceptable to the Zoning Administrator:

246

(1)

Application Form and Fees

247
248

(A) Completed Application for a Conditional Use Permit - Data Center Project
(Application Package) provided by the Zoning Administrator;

249
250

(B) payment of the permit fee(s) pursuant to the Planning and Zoning Fee
Schedule; and

251

(C) applicant authorization and ownership disclosure.

252
253
254

(2)

Project Narrative
(A) Description of the proposed data center use(s), campus configuration, phases,
hours of construction, and operational staffing;

Draft – For Discussion Purposes Only

8
32

255
256

(B) proposed IT load, total electrical demand, PUE target/range, and energy
efficiency measures;

257
258
259
260

(C) cooling technology description (e.g., air-cooled, open-loop water cooled,
closed loop water-cooled, water-cooled chillers, evaporative, adiabatic,
cooling towers, direct liquid cooling and immersion, free cooling, underwater
cooled, hybrid) and water demand profile; and

261
262

(D) summary of Backup Power systems (e.g., quantity, manufacturer/model if
known, ratings, fuel type, emissions controls).

263

(3)

Development Plan

264
265
266
267

(A) A certified topographic survey at no more than two (2) foot contour intervals,
drawn to a scale of 1" = 100' or greater, indicating the legal description,
property boundary, existing contours, existing utilities and easements, and
natural and manmade features of the property.

268
269

(B) A Development Plan, drawn to the same scale as the topographic survey,
indicating:

270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286

(a) Existing contours (shown as dashed lines);
(b) proposed contours (shown as solid lines);
(c) location and orientation of all existing and proposed buildings;
(d) areas to be used for parking, including the number and arrangement of
stalls;
(e) areas to be developed for screening, including the location of plant
materials, and screening structures and features;
(f) pedestrian and vehicular circulation and their relationship to existing
streets, alleys and public right-of-way;
(g) points of ingress and egress;
(h) location of all existing and proposed utilities (sanitary sewage systems,
water systems, storm drainage systems, gas lines, telephone lines and
electrical power lines);
(i) drainage controls (retention or detention ponds);
(j) location, size and characteristics of identification and business signs;
(k) lighting layout, appurtenances, and intensity of illumination; and
(l) proposed finished floor elevation of all buildings and structures.

287

(4)

Site Plan

288
289

(A) A site plan consisting of the Development Plan without the topographic
survey.

290
291

(B) Any further requirements unique to the Project as determined by the Zoning
Administrator.

292

(5)

Landscape and Screening Plan

Draft – For Discussion Purposes Only

9
33

293
294

(A) Planting schedule, berms, fences and walls, and screening methods for
equipment and service areas;

295

(B) a buffer zone to adjacent uses and rights-of-way; and

296

(C) tree preservation areas and mitigation plan.

297

(6)

Lighting Plan

298

(A) Photometric plan showing footcandle levels at Property Boundary;

299

(B) fixture cut sheets and shielding details; and

300

(C) dark-sky compliance measures and controls.

301

(7)

Traffic Impact Study (“TIS”)

302
303

(A) A TIS is required if the Zoning Administrator determines potential material
impacts to the roads serving the Project;

304
305
306

(B) must address construction and operational traffic, access design, sight
distance, turning movements, lane needs, haul routes, road improvements;
and

307
308
309

(C) include coordination letter(s) or permit(s) from Butler County Public Works,
the township having jurisdiction, the Kansas Department of Transportation
(“KDOT”), or any other road authority with jurisdiction.

310

(8)

Noise and Vibration Study

311
312

(A) Existing ambient noise conditions and predicted noise levels for operational
sources, including cooling equipment and backup power testing;

313

(B) modeling and mitigation measures; and

314

(C) vibration analysis if significant vibration sources are proposed.

315

(9)

Utilities and Infrastructure Letters

316
317
318

(A) Letter(s) from electric utility provider(s) confirming service feasibility,
interconnection approach, and any needed substation/corridor locations (to
the extent available);

319
320

(B) letter(s) from water provider, wastewater provider, and on-site system
feasibility (if proposed); and

321
322

(C) telecom/fiber service plan (i.e., general description) and anticipated
easements.

323

(10) Stormwater, Erosion, and Floodplain

Draft – For Discussion Purposes Only

10
34

324
325

(A) Stormwater management concept and calculations, including detention/
retention, water quality treatment, and discharge points;

326
327

(B) erosion and sediment control plan and details to comply with NPDES
permitting;

328
329

(C) floodplain development documentation, if applicable, including no-rise
certification where required; and

330
331

(D) approval required by the Butler County Engineer or a third party contracted
by Butler County to review the Project design and plans.

332

(11) Fire and Life Safety Plan

333
334

(A) Preliminary fire protection approach, hydrant and water supply analysis, fire
flow calculations (if applicable), and fire lane access plan;

335
336

(B) coordination letter from the Fire Chief or fire authority having jurisdiction;
and

337

(C) special hazards (e.g., battery rooms, fuel systems) and suppression approach.

338

(12) Hazardous Materials Management Plan

339
340

(A) Inventory of hazardous materials reasonably anticipated, including fuels,
coolants, refrigerants, battery chemistries, and cleaning agents;

341
342

(B) storage methods, secondary containment, spill prevention, and emergency
procedures; and

343
344

(C) compliance statement for applicable federal and state reporting and permitting
requirements.

345

(13) Air Quality/Emissions Information

346
347

(A) Generator emissions profile (e.g., fuel type, tier level, controls, operating
hours), and expected permitting pathway; and

348
349

(B) applicant statement of compliance with KDHE and EPA federal air quality
requirements.

350

(14) Water Use Feasibility Study and Conservation Plan

351

(A) Estimated annual and peak water use by operational mode and season;

352

(B) conservation measures and drought contingency measures; and

353

(C) discharge characteristics and pretreatment needs, if any.

354
355

(15) Construction Management Plan
(A) Construction schedule and phasing;

Draft – For Discussion Purposes Only

11
35

356

(B) proposed haul routes, staging, worker parking, material storage;

357

(C) dust control, mud tracking control, noise controls;

358

(D) work hours and any proposed deviations;

359
360
361

(E) road and bridge maintenance and reconstruction agreements with Butler
County and/or the township during all phases of the construction, and a post
construction agreement upon completion of all phases of the Project; and

362

(F)

363

utility relocations and road impacts.

(16) Security Plan (Redaction of Confidential Portions Allowed)

364
365

(A) Access control, perimeter fencing, gates, lighting controls, and surveillance
description;

366

(B) on-site security staffing (if any) and coordination with law enforcement; and

367
368
369

(C) the applicant may submit sensitive security details as a separate confidential
attachment to the extent permitted by Kansas law, with a redacted public
version.

370

(17) Emergency Response and Business Continuity Summary

371

(A) Coordination point-of-contact list;

372

(B) utility outage and generator operation protocols;

373
374

(C) incident notification procedures to Butler County Emergency Management
and fire authorities; and

375

(D) mutual aid coordination expectations (as applicable).

376
377
378
379
380
381
382
383
384
385
386
387
388
389

(18) Energy Usage Plan
(A) Projects shall be designed and constructed to meet design standards, as
approved by a third party contracted by Butler County to review the Project
design and construction.
(B) The applicant for a data center shall provide an Energy Usage Plan with the
application. The Energy Usage Plan shall provide or identify, at a minimum:
(a) Annual electricity demand;
(b) energy supply sources that will be utilized;
(c) energy storage capacity (if applicable);
(d) proposed sources of back-up power;
(e) if interconnecting to the energy grid, documentation of the energy utility
interconnection approval process with answers to the following:
i.
Documentation that an application for the Project has been filed

Draft – For Discussion Purposes Only

12
36

390
391
392
393
394
395
396
397
398
399
400
401
402
403

with the electric utility provider, and the required fee has been
paid;
ii. documentation that a transmission security agreement has been
received by the applicant;
iii. documentation that the transmission security agreement has
been signed by all necessary parties;
iv.
the date that the electric utility provider provided for the
proposed energization of the data center; and
(f) the Energy Usage Plan will be prepared and certified by a professional
engineer. The plan shall be subject to review and comment by Butler
County. Butler County shall have the right to require supplemental or
amended plans based upon comments by Butler County prior to any
zoning approval.
(19) Electronic Waste Plan

404
405

(A) Identify the lifecycle management for disposal of equipment utilized at the
facility; and

406
407

(B) identify the intended incremental replacement of components that occur
during the normal operation of the data center.

408

(20) Decommissioning and Site Restoration Plan

409

(A) Trigger events and decommissioning timeline;

410
411

(B) removal and disposal or recycling methods for equipment, batteries, fuels, ewaste, coolants, fuel tanks, utility equipment, and hazardous materials;

412
413
414
415
416

(C) demolition approach for structures and foundations as required or an
alternative disposition to the County’s reasonable satisfaction that the
alternative disposition will adequately protect the public health, safety, and
welfare, will not create a nuisance or environmental hazard, and is consistent
with applicable land use approvals and law;

417

(D) final grading, revegetation, and stormwater facility disposition; and

418
419

(E) cost estimate prepared by a Qualified Professional Engineer or qualified cost
estimator acceptable to the Board.

420
421
422
423
424

(21) Environmental/Cultural Review (When Applicable)
(A) Documentation addressing threatened or endangered species, wetlands,
cultural and archaeological resources, and historic properties where required
by state and federal permits or funding, or when reasonably indicated by site
conditions; and

Draft – For Discussion Purposes Only

13
37

425
426
427
428
429

(B) copies of agency correspondence, if any.
(22) Aviation/FAA (When Applicable)
Applicant will provide FAA determinations, notice filings, or documentation if the Project
includes tall structures, cranes, lighting, or proximity to airports or heliports.
(23) Other Information

430
431

Applicant will provide any additional studies or plans reasonably required by the Zoning
Administrator to evaluate impacts based on site-specific conditions.

432

7. Notice, Hearing, and Decision Process

433

(a) Review Bodies and Sequence

434
435

(1) The Planning Commission shall hold a public hearing and make a recommendation
to the Board.

436
437
438
439
440
441
442

(2) The Board shall consider the Planning Commission recommendation and adopt
such recommendations, override the Planning Commission’s recommendation by a
2/3 majority vote of the membership of the County Board, or return such
recommendation to the Planning Commission with a statement specifying the basis
for the County Board’s failure to approve or disapprove by resolution as required
by Butler County Article 22 Amendment Procedures 22-104 and applicable Kansas
law.

443

(b) Completeness and Staff Report

444
445

(1) Within thirty (30) business days of the application submittal, the Zoning
Administrator shall determine whether the application is complete.

446
447

(2) Butler County staff shall prepare a staff report addressing compliance with this
Regulation and recommended conditions.

448
449
450

(c) Public Notice
(1) Public notice of the Planning Commission hearing shall be provided as required by
Kansas law and Butler County Zoning procedures, including:

451

(A) Publication in the official newspaper of Butler County;

452
453

(B) written notice to property owners within one thousand (1,000) feet of the
Project Site (or other radius required by law);

454
455
456

(C) written notice to all owners of records of the county’s action shall extend two
hundred (200) feet in those areas where the notification area extends within
the corporate limits of a city; and

457

(D) posting of the Project on the Property Boundary with a hearing notice sign.

Draft – For Discussion Purposes Only

14
38

458
459
460

(2) Notice shall include a summary of the request, location, hearing date and time, and
instructions for public comment.
(d) Public Hearing Procedure

461
462

(1) The Planning Commission shall conduct a public hearing consistent with its rules
of procedure, allowing testimony and submission of written comments.

463
464

(2) The Chairman may impose reasonable time limits and conduct the hearing to ensure
an orderly record.

465

(e) Recommendation and Board Action

466
467

(1) The Planning Commission shall make written findings and a recommendation (i.e.,
approval, approval with conditions, or disapproval) to the Board.

468
469
470

(2) The Board shall consider the record, staff report, Planning Commission
recommendation, and any additional evidence it deems appropriate and make a
final decision.

471

(f) Conflict Disclosure

472
473
474
475
476

Applicant shall provide the Chairman of the Board or the Chairman of the Planning
Commission, written notice of any actual knowledge or reasonably ascertainable information
known by the applicant, or its agents, which provides a direct personal or financial interest, or an
apparent or potential disqualifying conflict of interest associated with the Project, of any Board
member or Planning Commission member.

477

8. Review Criteria and Required Findings (CUP for Data Centers)

478
479
480

An application for a data center CUP will be considered by the Board (after receiving the
Planning Commission recommendation or its failure to make a recommendation) using the
following factors as guidelines:

481
482

(a) Whether approval of the conditional use would be consistent with the intent and purpose
of these Regulations;

483
484

(b) Whether the location of the proposed use is compatible to other land uses in the surrounding
neighborhood;

485
486
487

(c) Whether the proposed use places an undue burden on the existing transportation and service
facilities in the area affected and, if so, whether such additional transportation and service
facilities can be provided;

488
489

(d) Whether the proposed use is made necessary or desirable because of changed or changing
conditions in the area affected;

Draft – For Discussion Purposes Only

15
39

490
491
492

(e) The length of time the subject property has remained vacant or undeveloped as zoned; (the
use of land for agricultural purposes shall be considered as viable use of the land and not
be considered as allowing the land to be vacant or undeveloped);

493

(f) Whether the applicant’s property is suitable for the proposed use;

494

(g) The recommendations of professional staff;

495
496

(h) Whether the proposed conditional use would be in conformance to and further enhance the
implementation of the Butler County Comprehensive Plan;

497
498
499

(i) Whether the relative gain to the public health, safety, and general welfare outweighs the
hardship imposed on the applicant by not upgrading the value of the property by approving
the proposed conditional use;

500
501
502

(j) Whether the proposed conditional use, if it complies with all the conditions upon which
the approval is made contingent, will not adversely affect the property in the area affected;
and

503
504

(k) Such other factors as may be relevant from the facts and evidence presented in the
application which may include but not be limited to:

505
506
507
508
509
510
511
512
513
514
515
516
517

(1) The project provides safe access, internal circulation, and emergency vehicle access,
and will not create unsafe traffic conditions;
(2) the project will avoid or adequately mitigate adverse impacts to natural resources,
drainage patterns, floodplains, and water quality;
(3) noise, vibration, lighting, and other operational impacts will be within standards of this
section and will not unreasonably interfere with surrounding uses;
(4) storage and use of fuels, batteries, and other hazardous materials will comply with
applicable laws and will be designed to minimize risk, including secondary
containment and emergency response coordination;
(5) the project phasing, decommissioning plan, and financial assurance provide reasonable
protection against abandoned or partially completed facilities; and
(6) proposed conditions are clear, measurable, and enforceable, and the applicant has the
capability and intent to comply.

518

9.

Standard Conditions of Approval (Baseline)

519
520

The Board may impose conditions reasonably related to the impacts of the data center. Unless
expressly modified in the CUP, the following conditions apply:

521
522
523

(a) Project Area Exclusion. The proposed Project Site and Development Area must be outside
of the Project Area Exclusion except for Edge/Micro and Modular/Container Data Centers
which are not excluded from development in the Project Area Exclusion.

524
525

(b) Approved Plans. Development and operation shall substantially conform to the approved
CUP plans and documents, as may be amended pursuant to Section 20 ¶ 13 (Modification).

Draft – For Discussion Purposes Only

16
40

526
527
528

(c) Permits and Compliance. The applicant shall obtain and maintain all required permits
and approvals and comply with all applicable federal, state, and local laws, including
KDHE, fire code, building code, and stormwater requirements.

529
530
531

(d) Access and Road Improvements. The applicant shall complete required access permits
and any off-site road improvements identified in the Traffic Impact Study or required by
Butler County Public Works, KDOT, or other road authority with jurisdiction.

532
533
534

(e) Construction Limits. Construction shall comply with the approved Construction
Management Plan, including haul routes, hours, dust control, and restoration of damaged
roadways.

535
536

(f) Noise, Lighting, and Screening. The applicant shall implement noise controls, dark-sky
measures, and screening as approved.

537
538
539

(g) Emergency Coordination. The applicant shall provide and maintain current emergency
contacts and coordinate annually with Butler County Emergency Management and the fire
authority having jurisdiction regarding site changes and emergency response protocols.

540
541
542

(h) Financial Assurance. Prior to issuance of building permits (or as otherwise required by
the CUP), the applicant shall provide financial assurance for decommissioning and site
restoration in compliance with Section 20 ¶ 11.

543
544

(i) Mineral Rights. Applicant shall be the owner or leasee of the mineral rights or obtain a
surface use agreement/surface waiver from the mineral rights owner.

545
546

10. Development and Operating Performance Standards
(a) Minimum Site Area; Setbacks; Height; Lot Coverage

547
548
549
550

(1) Minimum Site Area. A Project Site Acreage site shall be at least the acreage set
forth on the data center classification table at the beginning of this Regulation,
unless the Board finds a smaller site is adequate due to location, buffering, and
infrastructure.

551
552
553

(2) Maximum Site Area. A Development Area shall not exceed six hundred and forty
(640) acres, excluding Off-Site Infrastructure, unless approved by amendment to
this Section.

554

(3) Setbacks.

555
556
557

(A) Principal buildings, accessory uses, and truck idling: a minimum buffer zone
of two hundred (200) feet from any Property Boundary, with the exception of
utility lines, fiber optic lines, and security structures.

558
559
560
561

(B) Mechanical yards, substations, transformers, generators, and fuel storage:
minimum two hundred fifty (250) feet from any Property Boundary, except
that setbacks of one thousand (1,000) feet from residences and any NoiseSensitive Receptor, Noise-Sensitive Receptors, public rights-of-way, and

Draft – For Discussion Purposes Only

17
41

562
563

zoning district boundaries which shall be measured from the specific receptor
or boundary identified, unless otherwise approved with enhanced mitigation.

564

(C) From public rights-of-way: minimum one hundred fifty (150) feet.

565

(D) Parking: minimum twenty-five (25) feet.

566
567
568
569

(4) Height. The maximum building height: sixty (60) feet. A variance is granted to the
thirty-five (35) feet height limit; however, a variance will be required on any height
over thirty-five (35) feet. Mechanical equipment screening may extend to twelve
(12) feet above the roof deck if fully screened and FAA requirements are satisfied.

570
571
572

(5) Lot Coverage/Impervious Surface. Maximum impervious surface: fifty percent
(50%) of the Project Site unless a stormwater analysis demonstrates no adverse offsite impacts and the Board approves a higher percentage.

573

(b) Building and Site Design

574
575
576
577

(1) Architecture. Buildings shall use durable, non-reflective exterior materials. Large
blank walls facing public roads or residences shall be mitigated through
articulation, material changes, landscaping, or public-facing berming and
screening.

578
579
580
581

(2) Equipment Screening. Outdoor equipment (generators, transformers, cooling
units) shall be screened from public rights-of-way and adjacent residential uses
using a combination of walls, fencing, berms, and landscaping designed yearround.

582
583

(3) Fencing. A high-security, durable fence shall be required around the Project Site.
Barbed/razor wire is prohibited.

584
585
586
587
588
589
590
591
592
593
594
595
596
597
598

(c) Noise Study, Standards, and Measurement
(1) Pre-construction Noise Study. The applicant shall submit a pre-construction noise
study prepared by an acoustical engineer establishing baseline ambient noise and
vibration levels and shall include different times of day. The noise study shall
include a narrative describing anticipated operational impacts to sound levels and
it shall include an octave band analysis. The noise study shall account for any
proposed electrical substations, on-site power generation facilities, and other data
center accessory uses that may generate noise.
(2) Construction Noise Standards. During the construction phase, all contractors will
perform all work on the Development Area in a manner that minimizes noise
impacts on adjacent properties, occupants, and the surrounding area, consistent
with prudent industry practice, applicable law, the approved construction
management plan.
(3) Post-construction Noise Study. The applicant shall submit a noise study
conducted by a Qualified Acoustical Professional using ANSI/IEC standards

Draft – For Discussion Purposes Only

18
42

599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619

commonly accepted for environmental noise of existing operations no sooner than
one month but no more than twelve (12) months after the issuance of the first
Certificate of Occupancy.
(4) Measurement. Sound shall be measured at the Property Boundary and at any
nearby Noise-Sensitive Receptor if required by the CUP or Zoning Administrator.
The studies shall use full spectrum modeling to address low-frequency noise.
(5) Baseline Ambient Noise. If the pre-construction Noise Study establishes a baseline
ambient noise level in excess of the maximum sound level permitted under this
Section, the Post-Construction Study shall demonstrate that operations of the
proposed use do not materially increase the baseline ambient noise level as
measured at the Property Boundary. Any increase above the established baseline
shall be deemed a violation unless specifically authorized as a condition of
approval.
(6) Mitigation. If standards are exceeded, the owner or operator shall implement
mitigation (e.g., acoustical louvers, barriers, silencers, enclosure upgrades,
operational changes) and re-test within sixty (60) days.
(7) Sound level.

620
621
622
623
624

(B) Where baseline ambient noise measured for the pre-construction
noise study exceeds that of the maximum sound level above, sound
levels at the Property Boundary shall not exceed the baseline
ambient noise level (for dB(A) and dB(C)).

625
626
627
628
629

(A) Operational sound levels at the Project Boundary shall not exceed
60 dB(A) and 65 dB(C) from 7:00 p.m. to 7:00 a.m., nor shall they
exceed 65 dB(A) and 70 dB(C) from 7:00 a.m. to 7:00 p.m.

(d) Vibration
(1) The data center shall not produce earth vibrations or concussions exceeding the
standards set forth in the table below. Vibration shall be expressed as displacement
in inches and shall be measured with a standard three component measuring system
which is a device for recording the intensity of any vibration in three mutually
perpendicular directions.
Frequency of Ground Motion
in Cycles per Second
Up to 10
20
30
40
50
60

Maximum Amplitude of Ground
Motion in Inches, no more than
0.0305
0.0153
0.0102
0.0076
0.0061
0.0051

630
Draft – For Discussion Purposes Only

19
43

631
632
633

(2) The Zoning Administrator may require a vibration study and mitigation where
sensitive uses are nearby.
(e) Lighting and Dark-Sky

634
635

(1) Shielding and Direction. Exterior lighting shall be fully shielded and directed
downward to minimize glare and spillover.

636
637
638

(2) Property Boundary Spillover. Light levels at the Property Boundary shall not
exceed 0.1 foot-candle (FC) (excluding public rights-of-way) unless otherwise
approved due to security needs with additional mitigation.

639
640

(3) Controls. Lighting shall use timers, motion sensors, dimming, or other controls to
reduce lighting when not needed.

641
642

(4) Prohibited Lighting. Searchlights, laser lights, and other skyward-directed
lighting are prohibited except for temporary emergency response.

643

(f) Backup Power Generators and Testing

644
645
646

(1) Permitting and Compliance. Generators shall comply with applicable federal and
state emissions and permitting requirements, including KDHE and EPA standards,
and shall be installed and maintained per manufacturer specifications.

647

(2) Testing Hours.

648

(A) Routine generator testing is limited to eight (8) hours per generator per month.

649
650
651
652

(B) Testing shall occur only between 9:00 a.m. through 3:00 p.m., Monday
through Friday, excluding federal holidays, unless the Board approves
alternative hours due to operational necessity and demonstrated minimal
impacts.

653
654
655
656

(3) Load Bank Testing. Load bank testing shall use permanent or temporary
mitigations to meet noise limits and shall be scheduled and noticed to the Zoning
Administrator at least thirty (30) days in advance when expected to exceed two (2)
continuous hours.

657
658

(4) Outage Operations. Operation during utility outage or emergency is allowed at
any time, but the owner or operator shall:

659
660

(A) Notify the Zoning Administrator upon extended operation exceeding eight (8)
hours, if feasible; and

661

(B) document run time and cause for Butler County review upon request.

662
663
664

(g) Air Emissions; Dust Control
(1) Construction dust shall be controlled using best management practices, including
watering, stabilized entrances, and covering loads.

Draft – For Discussion Purposes Only

20
44

665
666
667
668

(2) Operational emissions sources (i.e., generators, thermal systems) shall comply with
applicable air permits. The owner or operator shall provide copies of final permits
or permit determinations to the Zoning Administrator upon issuance.
(h) Thermal Impact Mitigation

669
670
671
672
673

(1) The Thermal Impact Mitigation Plan shall be submitted by the applicant with the
application, which must be updated upon any material modification to the data
center, including any increase in information technology load, cooling capacity,
backup power capacity, building area, or operational profile that may change the
nature or magnitude of thermal impacts.

674
675
676
677
678

(2) If the Zoning Administrator determines that the data center is causing or is likely to
cause adverse thermal impacts, the owner or operator must, within the time
specified by the Zoning Administrator, implement additional mitigation measures,
modify operations, repair or replace equipment, or take any other action reasonably
necessary to achieve compliance.

679

(i) Fuel Storage and Handling

680
681
682

(1) Secondary Containment. All aboveground fuel storage tanks shall have secondary
containment sized to at least one hundred ten percent (110%) of the largest tank
plus freeboard for storm events, unless a more stringent standard applies.

683
684
685

(2) Setbacks. Fuel tanks shall meet required setbacks and shall not be located in
floodways. In floodplains, fuel tanks shall be anchored and flood-protected
consistent with applicable regulations.

686
687
688

(3) Spill Prevention. A spill prevention and response plan shall be maintained on-site
and coordinated with local responders. Spill kits shall be available at fueling and
storage areas.

689

(j) Hazardous Materials; Batteries; Fire Safety

690
691

(1) Hazardous materials shall be stored and handled in compliance with applicable laws
and fire codes.

692
693
694

(2) Battery energy storage systems (“BESS”) or UPS battery rooms shall meet
applicable codes and standards (including separation, ventilation, detection, and
suppression requirements).

695
696
697

(3) The owner or operator shall maintain an up-to-date hazardous materials inventory
and provide it to the fire authority having jurisdiction upon request, consistent with
applicable disclosure laws.

698
699
700

(k) Water Use; Wastewater
(1) Feasibility Study. A water use feasibility study shall be submitted with an
application to determine if treatment, supply, or reuse is technically achievable,

Draft – For Discussion Purposes Only

21
45

701
702
703
704
705

environmentally sound, and economically justified before significant investment.
The study shall evaluate water demand, identify potential solutions, and analyzes
risks, sustainability, and legal compliance to ensure the Project viability. The
minimum information required by the study will be provided as part of the
application.

706
707

(2) Water Use Reporting. The CUP may impose maximum water use limits or
reporting obligations based on local supply capacity.

708
709
710

(3) Private Groundwater and Surface Watercourses. No principal use, including
irrigation, on a data center site shall use private groundwater wells or direct
withdrawals from surface watercourses.

711
712
713
714
715

(4) Closed-loop Water Circulation System. Data centers should be designed to
include a closed-loop water circulation system to cool data center processing
equipment. An applicant may propose an alternative cooling system that can be
demonstrated to use less water and energy than closed-loop systems to the
satisfaction of the Butler County engineer.

716
717
718

(5) Public System. If the proposed source is from a public system, the applicant shall
submit certified documentation that the public authority has the capacity to supply
the water needed.

719
720
721
722
723
724

(6) Nonpublic Water Sources. If the data center will utilize nonpublic water sources,
the applicant shall provide a water feasibility study, prepared by a qualified
professional. The purpose of the water feasibility study is to determine if an
adequate supply of water is present to support the proposed data center’s water use
and to evaluate the potential adverse effects on the quantity and quality of existing
wells or nearby surface waters.

725
726

(7) On-site Wastewater. If on-site wastewater is proposed, the applicant shall
demonstrate feasibility and obtain all approvals from KDHE.

727

(l) Stormwater Management; Erosion and Sediment Control

728
729
730

(1) The Project shall be designed to prevent adverse off-site flooding and erosion,
maintain or improve water quality, and comply with KDHE stormwater
requirements.

731
732

(2) Stormwater facilities shall be maintained in perpetuity by the owner or a legally
established entity. Maintenance responsibilities shall be documented by:

733

(A) Recorded maintenance agreement and access easements; and

734

(B) an operations and maintenance plan.

735

(m) Tree Preservation; Buffering; Landscaping

Draft – For Discussion Purposes Only

22
46

736
737
738

(1) Existing healthy trees, except cedar and callery pear trees, and vegetation shall be
preserved to the maximum extent practicable, particularly along property
boundaries and waterways.

739
740
741

(2) Buffers shall be installed along Property Boundaries adjacent to residential zoning
or existing residences with a minimum buffer width of twenty-five (25) feet unless
the Board approves an alternative design providing equal or better mitigation.

742
743

(3) Dead or dying plant materials shall be replaced within sixty (60) days of the next
planting season.

744

(n) Access; Emergency Vehicle Requirements; Parking and Loading

745
746

(1) Access. The site shall provide all-weather access designed to accommodate
construction traffic and emergency vehicles.

747
748

(2) Turning Radii and Fire Lanes. Internal roads and fire lanes shall meet the turning
templates and width requirements of the fire authority having jurisdiction.

749
750

(3) Gates. Any gates across fire apparatus access roads shall provide emergency access
(e.g., Knox key switch, opticom, or other approved method).

751
752
753

(4) Parking/Loading. Provide parking and loading adequate to support employees,
visitors, and deliveries without spillover onto public roads. Minimums may be
established in the CUP based on operational characteristics.

754

(o) Signage

755
756

(1) Signage shall comply with Butler County Zoning Regulations, Article 25 - Sign
Regulations.

757

(2) Sign allowance is based upon property zoning classification.

758
759
760

(3) Signs which are located upon or over public right-of-way, including streets, alleys,
and parkways are prohibited (Article 25-308). Additional approvals are needed
from KDOT on property located along state-governed highways.

761

(p) Utilities; Easements; Substations

762

(1) Utility corridors and easements shall be shown on plans and recorded as necessary.

763
764

(2) Substations and major electrical equipment yards shall be screened and designed to
minimize noise and visual impacts consistent with this Section.

765
766
767

(3) The CUP may require off-site utility upgrades or cost participation where legally
permissible and where needed due to the Project’s demand, subject to separate
utility agreements.

768

(q) FAA/Aviation and Communications Interference

Draft – For Discussion Purposes Only

23
47

769
770

(1) The owner shall comply with FAA notice and determination requirements for
structures and cranes, where applicable.

771
772
773

(2) The Project shall be designed to avoid harmful interference with public safety
communications and aviation operations, and shall implement mitigation if
interference occurs.

774

(r) Environmental and Cultural Resources (When Applicable)

775
776
777

(1) If permits or site conditions require review of wetlands, threatened or endangered
species, or cultural resources, the applicant shall obtain required clearances and
implement mitigation.

778
779
780

(2) Discovery of potential archaeological or human remains during construction shall
trigger work stoppage in the affected area and notification to appropriate authorities
as required by law.

781
782

11. Financial Assurance (Decommissioning and Site Restoration)
(a) Requirement

783
784
785

(1) Prior to issuance of building permits for the first building or phase (or other
milestone established in the CUP), the owner shall provide financial assurance
guaranteeing performance of decommissioning and site restoration.

786

(2) Financial assurance shall be in a form acceptable to the Board, such as:

787
788

(A) Irrevocable letter of credit from a financial institution acceptable to Butler
County;

789

(B) performance bond;

790

(C) cash escrow; or

791

(D) other equivalent security approved by the Board.

792

(b) Amount

793
794
795
796
797

(1) The amount for the financial assurance shall be based on the decommissioning cost
estimate, as determined by an independent third-party consultant selected in the
sole discretion of Butler County, Kansas, acting through the Board, included in the
approved Decommissioning and Site Restoration Plan, plus a contingency of fifteen
percent (15%).

798
799
800

(2) Butler County will require periodic updates every three (3) to five years and after
each phase in completed to reflect inflation, changes in scope, or regulatory
requirements which may increase the amount of financial assurance required.

801

(c) Release and Use

Draft – For Discussion Purposes Only

24
48

802
803
804

(1) Financial assurance shall remain in effect until Butler County issues written
confirmation that decommissioning and restoration have been satisfactorily
completed.

805
806
807
808

(2) If the owner fails to timely decommission and restore the site after a triggering
event, Butler County may draw upon the financial assurance after providing notice
and an opportunity to cure pursuant to Section 15 (Revocation and Enforcement),
and may enter the property as permitted by law to complete the work.

809

(d) Triggering Events

810
811

Decommissioning obligations are triggered upon a finding by the Board of any of the following
(unless extended by the Board for good cause):

812
813

(1) Cessation of primary Data Center operations for a continuous period of twelve (12)
months;

814

(2) abandonment of the site;

815

(3) revocation of the CUP with an order to cease operations; or

816

(4) voluntary permanent shutdown by the owner or operator.

817
818
819
820
821
822

(e) Liability on Termination, Expiration, or Abandonment
In the event of termination of a CUP for any reason, the conditional use holder:
(1) Shall remain liable to Butler County for any expense incurred by Butler County
that is above and beyond what is covered by the bond, escrow account, or insurance
policy;

823
824
825
826

(2) for any unspent funds, the expenditure or use of the funds in a manner or for a
purpose not authorized by this Regulation or any subsequent agreement, or
damages as a result of any breach of these regulations or the CUP by the conditional
use holder; and

827
828
829
830
831
832

(3) Butler County shall have the right, at any time prior or subsequent to any remedies,
including seeking injunctive or other equitable relief, to enforce the provisions of
these regulation or recover funds, which are unspent, expended or used in an
unauthorized manner, or for an unauthorized purpose, or damages sustained by the
Butler County as a result of any breach of this Regulation by the conditional use
holder.

833

12. Operational Reporting; Inspections

834

(a) Annual Compliance Report

835
836

The owner or operator shall submit an annual report to the Zoning Administrator by December
31 of each year, including:

Draft – For Discussion Purposes Only

25
49

837

(1) Generator testing hours (aggregate and per unit, if requested);

838
839
840

(2) any violations of air permits, spill events, or reportable incidents and corrective
actions in addition to timely notification at the time of the violation, event, incident
or action;

841
842

(3) material changes to site infrastructure (e.g., generators, cooling plant, tanks,
substations) in addition to timely notification of the material change;

843

(4) water use summary (annual total and peak month);

844
845

(5) confirmation of stormwater facility inspection and maintenance pursuant to the
operations and maintenance plan; and

846

(6) updated emergency contact information.

847

(b) Inspection Authority

848
849
850
851

(1) Butler County may conduct reasonable inspections to verify compliance, upon
reasonable notice, during normal business hours, or at other times as necessary to
address credible complaints or emergencies, consistent with constitutional and
statutory requirements; and

852
853
854

(2) the owner or operator shall cooperate with inspections and provide access to nonsensitive areas necessary for compliance verification. Sensitive security areas may
be subject to escorted access and reasonable security protocols.

855

(c) Complaint Response

856
857
858

Butler County may require targeted noise testing, lighting verification, or other compliance
evaluation upon receipt of documented complaints, and may require corrective actions if
noncompliance is confirmed.

859

13. Modification, Expansion, and Transfer

860

(a) Administrative Modifications

861
862

The Zoning Administrator may approve minor modifications that do not materially increase
impacts or change the approved conditions, including:

863

(1) Minor site layout adjustments within approved disturbance limits; and

864

(2) landscaping substitutions of equal or better screening value.

865

Administrative approvals shall be in writing and maintained in the CUP file.

866

(b) Board Approval Required (Amendment)

867
868

A CUP amendment with a Planning Commission hearing and Board approval is required for
any material modification, including:

Draft – For Discussion Purposes Only

26
50

869
870

(1) Increase in IT load or total electrical demand above five percent (5%) of approved
capacity;

871
872

(2) increase in generator count/capacity above ten percent (10%) or addition of new
fuel types;

873

(3) increase in fuel storage volume above fifteen percent (15%);

874

(4) expansion of the developed footprint or disturbance area beyond ten percent (10%);

875
876

(5) new primary access point to a public road or significant modification of access
geometry; or

877
878

(6) any change that, in the Zoning Administrator’s judgment, creates new or increased
off-site impacts (e.g., noise, traffic, stormwater, lighting, hazards).

879

(c) Transfer

880

(1) A CUP runs with the land unless otherwise specified.

881
882
883
884
885
886
887
888
889

(2) The CUP shall not be transferred without the express written approval of the Board,
such approval shall not be unreasonably withheld. Applicant shall advise the Board
and the Director of Planning and Development, in writing, of the requested transfer.
Proposed transferees shall be required to meet the same requirements and
performance standards as the original applicant and provide the surety bond/escrow
account requirements to insure the Project is decommissioned and reclaimed to
comply with CUP specifications at the end of the Projects useful lifespan or in case
of abandonment. A transfer fee of $500 per project shall be paid to Butler County
prior to the consideration of the proposed transfer.

890
891
892

(3) If approved, the transferee shall assume all CUP obligations and conditions. The
Board may require updated contact information and proof of continued financial
assurance.

893
894

14. Duration; Phasing; Renewal
(a) Term and Vesting

895
896

(1) A data center CUP becomes effective upon Board approval and publication as
required by law.

897
898

(2) Unless otherwise specified, the CUP shall remain valid so long as the use continues
in compliance with its terms.

899
900
901

(b) Commencement and Phasing
(1) The CUP shall expire if necessary building permits have not been issued within
twelve (12) months of approval, unless extended by the Board for good cause.

Draft – For Discussion Purposes Only

27
51

902
903
904

(2) Phased development is allowed if the application includes a phasing plan. The
Board may require periodic progress reporting.
(c) Renewal (If Imposed)

905
906
907

If the Board imposes a fixed term, the CUP may be renewed upon application filed at least
sixty (60) days prior to expiration, with a showing of continued compliance and any updated
studies reasonably required.

908

15. Suspension; Revocation; Enforcement; Penalties

909

(a) Suspension and Revocation

910
911
912

(1) In addition to other remedies provided by this Regulation, any CUP for the
operation of the above-referenced uses may be suspended or revoked at any time
by the Planning Commission if upon finding that:

913
914

(A) The applicant or owner made a material misrepresentation or false statement
of fact in the application;

915

(B) the CUP was obtained through material misrepresentation;

916
917

(C) the applicant, owner, or operator materially violated CUP conditions or this
Regulation;

918
919

(D) the use creates a documented and ongoing threat to public health or safety not
adequately addressed through lesser enforcement measures; or

920
921
922
923
924

(E) the standards of performance, requirements, or conditions of the CUP are not
being met, or the use is not complying with any other Butler County
regulations applicable to the operation of such uses.
(2) Prior to revocation, Butler County shall provide:

925

(A) Written notice specifying the violation(s);

926
927

(B) a cure period of at least thirty (30) days, unless an imminent threat requires
shorter action; and

928
929

(C) an opportunity for a hearing before the Board consistent with Butler County
procedures and due process.

930
931
932

(b) Enforcement and Remedies
(1) Butler County may enforce this Regulation and CUP conditions using any lawful
remedies, including:

933

(A) Stop work orders;

934

(B) withholding permits or certificates;

Draft – For Discussion Purposes Only

28
52

935

(C) civil enforcement actions and injunctions; and

936

(D) abatement as authorized by law.

937

(2) Remedies are cumulative and not exclusive.

938

(c) Penalties

939
940
941

Violations shall be subject to penalties as provided in the Butler County zoning enforcement
provisions, Article 28, Section 28-4, and applicable Kansas law, including daily offenses where
permitted.

942

16. Appeals

943
944
945

(a) Administrative decisions by the Butler County Zoning Administrator under this section
may be appealed as provided in Butler County’s zoning appeals procedures and applicable
Kansas law, Article 27 of the Zoning Regulations of Butler County, Kansas.

946
947

(b) Appeals of Board CUP decisions shall be as provided by applicable Kansas law and Butler
County procedures, Article 27 of the Zoning Regulations of Butler County, Kansas.

948

17. Severability

949
950
951

If any provision of this Regulation is determined to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect, and shall be
construed to best effectuate the intent of the Board.

952

18. Effective Date

953
954
955
956

This Regulation shall take effect and be in force from and after its adoption and publication
and recording as required by Kansas law and Butler County procedure, and shall apply to all
applications for a data center CUP filed on or after __________________, 20__, unless otherwise
stated.

957

19. Administrative Forms; Fee Schedule; Deadlines (Incorporation by Reference)

958
959

(a) The Zoning Administrator is authorized to develop and update administrative forms,
checklists, and guidance consistent with this section.

960
961

(b) Fees for CUP applications, re-inspections, and amendments shall be as set forth in Butler
County Community Development Office – Planning and Zoning Fee Schedule.

962
963
964

(c) Deadlines for completeness review, staff reports, and hearing scheduling shall be as set
forth in Article 22 of the Zoning Regulations, provided that statutory minimum notice and
hearing requirements are met.

Draft – For Discussion Purposes Only

29
53

965

20. General Provisions
(a) Headings. The headings herein are included for convenience only and shall neither affect
the construction or interpretation of any provision.

966
967
968
969
970
971
972
973
974
975
976
977
978
979
980

(b) References. The applicant shall provide details of authorities cited or consulted, references
and pertinent documents required herein.
(c) Appendices. All detailed technical information that supports the Plan shall be included as
appendices. The primary features of the appendices shall be included in the main body of
the Plan.
(d) Modification of Requirements and Performance Standards. The requirements and
performance standard specify that maps, informational surveys, and studies must be
submitted as part of the application. Butler County may modify the requirement or
performance standards for future projects based on the changing data center technology
and the success or failure of remedial actions required in the decommissioning process.

981

21. Definitions

982
983

In addition to the definitions provided by Article 29 of the Zoning Regulations of Butler
County, Kansas, the following are defined basic terms for reference as they relate to data centers:
Term

Definition

1.

Backup Power

On-site equipment and systems designed to provide
electrical power during utility interruptions or for
testing and maintenance, including generators,
transfer switches, UPS (uninterruptible power
supply), batteries, flywheels, and associated fuel
storage and handling systems.

2.

Buffer

“Buffer” means an area of land, landscaping,
berming, fencing, wall, open space, distance
separation, or combination thereof, located within
the Project Site and designed to mitigate visual,
noise, lighting, stormwater, compatibility, or other
off-site impacts of the Data Center Project.

Draft – For Discussion Purposes Only

30
54

Term

Definition

3.

Colocation Data Center

4.

Data Center

A colocation data center is less than 100,000 square
feet and between 5-50 MW. Typically, a third-party
facility where businesses rent space to house their
own servers, storage, and networking hardware,
rather than hosting them on-premise. The provider
supplies the building, power, cooling, security, and
bandwidth or a facility privately owned and
managed by a single organization for its own IT
needs.
A facility, campus, or group of buildings and
associated infrastructure used primarily for housing
computer systems, servers, network equipment,
data storage, and related digital processing or
transmission equipment. A data center includes
associated mechanical, electrical, and plumbing
systems; cooling systems; backup power systems
(generators and fuel storage); energy storage
systems; substations; switchgear; transformers;
security features; and accessory administrative
space. “Data Center” includes colocation,
enterprise, cloud, hyperscale, and micro/edge data
centers.

5.

Decommissioning

The permanent shutdown of a data center facility
and the removal, recycling, or disposal of its
equipment
and
infrastructure,
including
information technology hardware, accessory uses,
power systems, and associated materials, with
restoration of the site in compliance with applicable
environmental regulations, land use regulations,
and the approved decommissioning plan.

6.

Edge/Micro Data Center

An Edge/Micro data center is less than 10,000
square feet and less than 1 MW. Typically serves a
single business or campus and has standard
commercial power with limited generators and
equipment is enclosed.

Draft – For Discussion Purposes Only

31
55

Term

Definition

7.

Expansion

“Expansion” means any increase beyond what was
approved in the CUP or approved site plan,
including any increase in Project Site acreage,
Development Area, building square footage, IT
load, total electrical demand, generator count or
capacity, fuel storage volume, cooling capacity,
water demand, wastewater discharge, number of
data center buildings, or off-site infrastructure.

8.

Hazardous Materials

Any material defined as hazardous or regulated
under applicable federal or state law, including but
not limited to the Kansas Department of Health and
Environment (KDHE) regulations, the federal
Clean Air Act, Clean Water Act, and applicable fire
codes.

9.

Enterprise Data Center

An enterprise data center is less than 20,000 square
feet and less than 10 MW with a dedicated physical
facility owned and operated by a single
organization to house, store, and process its critical
IT infrastructure. It provides the centralized
computing power, storage, and networking required
to run everyday business applications and securely
manage company data.

10.

Hyperscale Data Center

A facility with one hundred thousand square feet or
greater than 200 megawatts annually with some
near 1GW. Typically considered a regional or
cloud-scale with substation construction; large
generator banks; high power demand; and an
extensive security perimeter.

11.

Kansas Intelligence Fusion Center
(“KIFC”)

A collaboration among federal, state, local and
tribal agencies, as well as private sector entities,
including, but not limited to, those with the primary
purposes of homeland security, counter-terrorism,
public safety, public protection and critical
infrastructure. The KIFC is designed to create a
"unified front" against security threats by
facilitating communication between different
agencies and private sector entities.

Draft – For Discussion Purposes Only

32
56

Term

Definition

12.

Knox key switch

A secure, high-security lockbox and override
switch designed for fire departments and
emergency personnel to quickly access gated
communities, private homes, and commercial
properties without forcing entry. It allows
firefighters to open automated gates using a
specialized Knox Master Key, preventing
emergency delays.

13.

Material Modification

“Material Modification” means any change to an
approved Data Center Project that may increase offsite impacts, increase infrastructure demand, alter
approved conditions, alter approved mitigation, or
exceed the thresholds for administrative
modification established in this Section. Material
Modifications require approval as provided in
Section 20 ¶ 13.

14.

Modular/Container

A modular or containerized data center is a
portable, self-contained system that packs all
essential IT infrastructure—servers, storage,
networking, power distribution, and cooling—into
a standardized steel enclosure or prefabricated
building module. Modular data centers are
engineered off-site, allowing for rapid "plug-andplay" deployment. They offer a highly scalable and
flexible alternative to traditional construction

15.

Noise-Sensitive Receptor

A residence, school, pre-schools, daycare centers,
hospital, nursing facility, place of worship,
community centers, or other similar institutional
uses where quiet enjoyment is expected, as
determined by the Butler County Zoning
Administrator.

16.

Phase

“Phase” means a discrete portion of a Data Center
Project authorized for sequential construction,
occupancy, operation, or expansion under an
approved phasing plan, including the buildings,
accessory facilities, infrastructure, utility demand,
water demand, traffic generation, and operational
impacts associated with that portion of the project.

Draft – For Discussion Purposes Only

33
57

Term

Definition

17.

PUE (Power Usage Effectiveness)

A metric of energy efficiency defined as total
facility energy divided by IT equipment energy,
reported as a ratio.

18.

Qualified Acoustical Professional

An individual or firm with demonstrated experience
in environmental acoustics and noise measurement,
with credentials acceptable to Butler County.

19.

Qualified Professional Engineer

A professional engineer licensed in Kansas.

20.

Setback

“Setback” means the minimum required horizontal
distance between a specified project component and
a Project Boundary, right-of-way, residence, NoiseSensitive Receptor, zoning district, or other
reference point identified in this Section or imposed
as a condition of CUP approval.

984
985

Draft – For Discussion Purposes Only

34
58

986

“Exhibit A”

987

Project Area Exclusion

988
989
990
991

The Project Area Exclusion is only applicable to the unincorporated areas of Butler County, Kansas
and does not apply to the jurisdiction of any city within the county, except for Edge/Micro and
Modular/Container Data Centers which are not excluded from development in the Project Area
Exclusion.

992

Draft – For Discussion Purposes Only

35
59

60

Terrence L. Huelskamp | Butler County Counselor | Legal Department
p: (316) 322-4300 | f: (316) 322-4387 | [email protected]
205 W. Central Ave. 4th Floor | El Dorado, KS 67042

Amendment of Zoning Regulations
K.S.A. 12-756. Same; zoning; zones or districts; procedure to establish; notice and
hearing. (a) Before any city or county establishes any zone or district or regulates or restricts the
use of buildings or land therein, the governing body shall require the planning commission to
recommend the nature and number of zones or districts which it deems necessary and the
boundaries of the same and appropriate regulations or restrictions to be enforced therein. Except
as provided in the zoning regulations, all such regulations shall be uniform for each class or kind
of building or land uses throughout each district, but the regulations in one district may differ from
those in other districts and special uses may be designated within each district with conditions
attached.
(b) Upon the development of proposed zoning regulations, the planning commission shall hold
a public hearing thereon. Notice of such public hearing shall be published at least once in the
official city newspaper in the case of a city or in the official county newspaper in the case of a
county at least 20 days prior to the date of the hearing. In the case of a joint zoning board, notice
of such hearing shall be published in the official city and official county newspapers. Such notice
shall fix the time and place for such hearing and shall describe such proposal in general terms. The
hearing may be adjourned from time to time and at the conclusion of the same, the planning
commission shall prepare its recommendations and by an affirmative vote of a majority of the
entire membership of the commission adopt the same in the form of proposed zoning regulations
and shall submit the same, together with the written summary of the hearing thereon, to the
governing body. The governing body either may: (1) Approve such recommendations by the
adoption of the same by ordinance in a city or resolution in a county; (2) override the planning
commission's recommendations by a ⅔ majority vote of the membership of the governing body;
or (3) may return the same to the planning commission for further consideration, together with a
statement specifying the basis for the governing body's failure to approve or disapprove. If the
governing body returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations giving the reasons therefor
or submit new and amended recommendations. Upon the receipt of such recommendations, the
governing body, by a simple majority thereof, may adopt or may revise or amend and adopt such
recommendations by the respective ordinance or resolution, or the governing body need take no
further action thereon. If the planning commission fails to deliver its recommendations to the
governing body following the planning commission's next regular meeting after receipt of the
governing body's report, the governing body shall consider such course of inaction on the part of
the planning commission as a resubmission of the original recommendations and proceed
accordingly. The proposed zoning regulations and any amendments thereto shall become effective
upon publication of the respective adopting ordinance or resolution.
(c) The provisions of this section shall become effective on and after January 1, 1992.
K.S.A. 12-757. Same; zoning; downzoning or rezoning, amendments and revisions;
procedure; notice and hearing; protest petition; signs to notify of proposed rezoning. (a) The
governing body, from time to time, may supplement, change or generally revise the boundaries or
regulations contained in zoning regulations by amendment. A proposal for such amendment may
be initiated by the governing body or the planning commission. If such proposed amendment is
not a general revision of the existing regulations and affects specific property, the amendment may

61

Terrence L. Huelskamp | Butler County Counselor | Legal Department
p: (316) 322-4300 | f: (316) 322-4387 | [email protected]
205 W. Central Ave. 4th Floor | El Dorado, KS 67042

Amendment of Zoning Regulations
be initiated by application of the owner of property affected. Any such amendment, if in
accordance with the land use plan or the land use element of a comprehensive plan, shall be
presumed to be reasonable. The governing body shall establish in its zoning regulations the matters
to be considered when approving or disapproving a rezoning request. The governing body may
establish reasonable fees to be paid in advance by the owner of any property at the time of making
application for a zoning amendment.
(b) All such proposed amendments first shall be submitted to the planning commission for
recommendation. The planning commission shall hold a public hearing thereon, shall cause an
accurate written summary to be made of the proceedings, and shall give notice in like manner as
that required for recommendations on the original proposed zoning regulations provided in
K.S.A. 12-756, and amendments thereto. Such notice shall fix the time and place for such hearing
and contain a statement regarding the proposed changes in regulations or restrictions or in the
boundary or classification of any zone or district. If such proposed amendment is not a general
revision of the existing regulations and affects specific property, the property shall be designated
by legal description or a general description sufficient to identify the property under consideration.
In addition to such publication notice, written notice of such proposed amendment shall be mailed
at least 20 days before the hearing to all owners of record of real property within the area to be
altered and to all owners of record of real property located within at least 200 feet of the area
proposed to be altered for regulations of a city and to all owners of record of real property located
within at least 1,000 feet of the area proposed to be altered for regulations of a county. If a city
proposes a zoning amendment to property located adjacent to or outside the city's limits, the area
of notification of the city's action shall be extended to at least 1,000 feet in the unincorporated area.
Notice of a county's action shall extend 200 feet in those areas where the notification area extends
within the corporate limits of a city. All notices shall include a statement that a complete legal
description is available for public inspection and shall indicate where such information is available.
When the notice has been properly addressed and deposited in the mail, failure of a party to receive
such notice shall not invalidate any subsequent action taken by the planning commission or the
governing body. Such notice is sufficient to permit the planning commission to recommend
amendments to zoning regulations which affect only a portion of the land described in the notice
or which give all or any part of the land described a zoning classification of lesser change than that
set forth in the notice. A recommendation of a zoning classification of lesser change than that set
forth in the notice shall not be valid without republication and, where necessary, remailing, unless
the planning commission has previously established a table or publication available to the public
which designates what zoning classifications are lesser changes authorized within the published
zoning classifications. At any public hearing held to consider a proposed rezoning, an opportunity
shall be granted to interested parties to be heard.
...
(d) Except as provided in subsection (g) and unless otherwise provided by this act, the
procedure for the consideration and adoption of any such proposed amendment shall be in the same
manner as that required for the consideration and adoption of the original zoning regulations. A

62

Terrence L. Huelskamp | Butler County Counselor | Legal Department
p: (316) 322-4300 | f: (316) 322-4387 | [email protected]
205 W. Central Ave. 4th Floor | El Dorado, KS 67042

Amendment of Zoning Regulations
majority of the members of the planning commission present and voting at the hearing shall be
required to recommend approval or denial of the amendment to the governing body. If the planning
commission fails to make a recommendation on a rezoning request, the planning commission shall
be deemed to have made a recommendation of disapproval. When the planning commission
submits a recommendation of approval or disapproval of such amendment and the reasons therefor,
the governing body may: (1) Adopt such recommendation by ordinance in a city or by resolution
in a county; (2) override the planning commission's recommendation by a ⅔ majority vote of the
membership of the governing body; or (3) return such recommendation to the planning
commission with a statement specifying the basis for the governing body's failure to approve or
disapprove. If the governing body returns the planning commission's recommendation, the
planning commission, after considering the same, may resubmit its original recommendation
giving the reasons therefor or submit new and amended recommendation. Upon the receipt of such
recommendation, the governing body, by a simple majority thereof, may adopt or may revise or
amend and adopt such recommendation by the respective ordinance or resolution, or it need take
no further action thereon. If the planning commission fails to deliver its recommendation to the
governing body following the planning commission's next regular meeting after receipt of the
governing body's report, the governing body shall consider such course of inaction on the part of
the planning commission as a resubmission of the original recommendation and proceed
accordingly. The proposed rezoning shall become effective upon publication of the respective
adopting ordinance or resolution.
...
(f) (1) Except as provided in subsection (g), whether or not the planning commission approves
or disapproves a zoning amendment, if a protest petition against such amendment is filed in the
office of the city clerk or the county clerk within 14 days after the date of the conclusion of the
public hearing pursuant to the publication notice, signed by the owners of record of 20% or more
of any real property proposed to be rezoned or by the owners of record of 20% or more of the total
real property within the area required to be notified by this act of the proposed rezoning of a
specific property, excluding streets and public ways and property excluded pursuant to paragraph
(2) of this subsection, the ordinance or resolution adopting such amendment shall not be passed
except by at least a ¾ vote of all of the members of the governing body.
(2) For the purpose of determining the sufficiency of a protest petition, if the proposed
rezoning was requested by the owner of the specific property subject to the rezoning or the owner
of the specific property subject to the rezoning does not oppose in writing such rezoning, such
property also shall be excluded when calculating the "total real property within the area required
to be notified" as that phrase is used in paragraph (1) of this subsection.

...

63

TO:

Commission

FROM: Will Johnson, County Administrator (322-4327)
SUBJECT: Draft Data Center Regulations
DATE: June 1, 2026
Staff is pleased to present the draft regulations and application for Data Center oversite in
Butler County. You will find the regulations mirror those previously prepared and
adopted for solar farm oversite with limitations included for restrictions from the
Flinthill’s Ecosystem region. Staff is suggestion the following schedule for discussion
with a proposed adoption date by the Planning Commission at the earliest on August 4,
2026 at is regular scheduled meeting. Again the process would follow the same structure
we utilized to adopt solar farm regulations, except we would suggest two public input
periods.
June 23, 2026 @ 6:00 PM – Work Session between Planning Commission & BOCC
July 7, 2026 @ 7:00 PM – Regular Scheduled Planning meeting w/ Public Hearing &
Comment. Modifications to draft plan from Planning Commission and BOCC presented
from 6/23 meeting
July 21, 2026 @ 6:00 PM – Work Session between Planning Commission & BOCC to
address Public Input and make final modifications to regulations and application.
August 4, 2026 @ 7:00 PM – Regular Scheduled Planning Commission with public
hearing and consideration to adopt regulations and application for presentation to the
County Commission for official adoption.
We believe this is the quickest the process should proceed and there is nothing to prevent
it from taking longer if more time is needed for discussion and public input. Upon
approval of this draft schedule, we will publish the draft regulations and application on
our website along with the proposed dates. Should you have any questions, please don’t
hesitate to contact me.

64