On the agenda: Union City Public Hearing – Data Center Ordinance — DATA CENTER (Nov 3)

ORDINANCE NO. _____________
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF
UNION CITY TO ADOPT REGULATIONS GOVERNING DATA CENTERS.
WHEREAS, certain revisions to the Union City Zoning Ordinance are believed to be
necessary and in the public interest; and
WHEREAS, the Union City Municipal/Regional Planning Commission has reviewed and
recommended these revisions; and
WHEREAS, the Mayor and City Council of the City of Union City has given due public
notice of hearings on said amendments and has held public hearings in accordance with
Section 13-7-203 of the Tennessee Code Annotated; and
NOW, THEREFORE, BE IT ORDAINED by Mayor and City Council of the City of
Union City that the Union City Municipal Zoning Ordinance be amended as follows:
SECTION 1. That Chapter 13 - DEFINITIONS be amended by creating the following
definitions and adding them to the existing text as follows:
11-1362. Data Center. A facility or group of facilities used primarily for the processing,
storage, hosting, transmission, management, or distribution of digital data
through servers, networking equipment, telecommunications equipment, and
associated mechanical and electrical infrastructure (not to include routine server
rooms, located on the same property and incidental to a business, school,
hospital, or government office which shall be considered accessory uses). Data
Centers are only allowed in M (Industrial) District
A Data Center includes:
• Server rooms and server buildings
• Co-location facilities
• Enterprise data centers
• Crypto mining facilities
• Cloud computing facilities
• Supporting offices
• Cooling systems
• Backup power systems
• Telecommunications infrastructure
11-1363. Hyperscale Data Center. A Data Center designed and constructed for large-scale
cloud computing, artificial intelligence computing, high-performance computing, or
internet services that meets one or more of the following criteria:
• Contains more than 100,000 square feet of gross floor area; or
• Requires more than 50 megawatts of electrical demand; or
• Occupies more than 20 acres of land; or
• Is designed as a multi-building data center campus.
For zoning purposes, a Hyperscale Data Center shall be considered a separate
land use (from Data Centers). Hyperscale Data Centers are only allowed in M
(Industrial) Districts.

SECTION 2. That the text of the Union City Municipal Zoning Ordinance be amended
by creating Section 11-2002.B.8. (M - Industrial) (Uses Permitted) which states:
8. Data Centers and Hyperscale Data Centers provided the following criteria are
met:
a. Minimum Lot Area
i. Data Center - 5 acres
ii. Hyperscale Data Center - 20 acres
b. Maximum Building Height
i. Data Center – 90 feet
ii. Hyperscale Data Center – 150 feet
iii. Mechanical penthouses, cooling equipment, and screening
structures may extend an additional twenty (20) feet above the
maximum height.
c. Lot Coverage - Maximum impervious coverage (for data centers or
hyperscale data centers): 75 percent
d. Residential Buffer and Separation Standards
i. Data Centers - No Data Center building shall be located within 500
feet of any existing residential dwelling.
ii. Hyperscale Data Centers - No Hyperscale Data Center building
shall be located within 1,000 feet of any existing residential
dwelling.
iii. Required setbacks (of 100 feet for Data Centers & 200 feet for
Hyperscale Data Centers) are required from any structure on the
subject property to all of its property lines. Buffering around the
perimeter shall be designed to achieve a minimum opaqueness of
80 percent within five years. Within buffers area, the following
improvements shall be allowed:
• Existing vegetation shall be preserved where feasible
• Evergreen screening
• Native tree plantings
• Shrub plantings
• Earthen berms where appropriate
• Privacy fencing when suitable
• Stormwater facilities
The required residential buffer area shall not contain the following
encroachments:
• Buildings
• Cooling towers

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Generators
Fuel tanks
Electrical substations
Outdoor storage

e. Data Centers and Hyperscale Data Centers noise shall not exceed: 50 dBA
daytime & 40 dBA nighttime (measured at any residential property line).
f. Noise Study Required -All Data Centers and Hyperscale Data Centers
shall submit an acoustical analysis prepared by a qualified engineer. The
study shall clearly document that the required noise standards would be
met. The study shall evaluate:
i. Cooling systems
ii. Chillers
iii. Transformers
iv. Backup generators
v. Mechanical equipment
g. Utility Impact Analysis – A Data Center or Hyperscale Data Center
application shall include:
i. Electrical demand analysis.
ii. Water demand analysis.
iii. Wastewater impact analysis.
iv. Utility provider capacity confirmation.
v. Infrastructure improvement plan, if required.
Any necessary utility improvements identified by the Utility Impact
Analysis, shall be made at the expense of the developer.
h. Site Plan Review. All Data Centers and Hyperscale Data Centers shall be
subject to Site Plan approval by the Planning Commission. Such site plan
approval must be obtained prior to issuance of any building permits for the
subject project. In addition to meeting the minimum site plan
requirements, as specified in the General Provisions, the site plan shall
also include:
i. Buffer locations
ii. Landscaping plan
iii. Noise study
iv. Lighting plan
v. Utility impact analysis
vi. Generator locations
vii. Cooling equipment locations
viii. Stormwater facilities

ix. Traffic analysis
If all of the above site plan criteria are not met, and/or if the information
provided by the Noise Study and Utility Impact Analysis do not seem
satisfactory (to the pertinent reviewing governing agencies), the subject
site plan shall be disapproved.
i. Decommissioning.
i. For purposes of this section “decommissioning” shall mean the
removal and restoration of the property and shall include the
removal of all hazardous materials and contents, including cabling,
electrical components, cooling systems, any contaminated soils,
any electrical generators, and other associated facilities, as well as
the regrading of any earth disturbed during removal.
ii. Any data center owner or operator shall at its expense complete
decommissioning of the property within twelve months after the
end of the life of the property for any use. The property will be
presumed to be at the end of its useful life if it is not used for a
continuous period of twelve months. The facility owner or operator
shall report to the Building Inspector within 48 hours any cessation
or discontinuation of use.

SECTION 3. BE IT FURTHER ORDAINED that this ordinance shall take effect upon
its passage the PUBLIC WELFARE REQUIRING IT.
CITY OF UNION CITY, TENNESSEE
BY:
Its Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGALITY:
City Attorney
PUBLIC HEARING NOTICE:
PUBLIC HEARING:
PASSED FIRST READING:
CAPTION PUBLISHED:
PASSED SECOND READING:
EFFECTIVE DATE: