On the agenda: Mesquite meeting — Data Center (Jun 22)

PLANNING AND ZONING COMMISSION MEETING
CITY COUNCIL CHAMBERS
757 North Galloway Avenue
Mesquite, Texas
June 22, 2026 - 7:00 P.M.

AGENDA
The Commission reserves the right to adjourn into a closed meeting at any time during the course
of this meeting to discuss any of the matters posted on this Agenda, when such closed session is
authorized by Texas Government Code Section 551.071 (Consultation with Attorney).
CALL TO ORDER
1. ROLL CALL.
PUBLIC COMMENTS
2. Any individual desiring to address the Planning and Zoning Commission regarding any item on the
AGENDA (excluding public hearing items) or any matter not listed on the Agenda shall do so on a
first-come, first-served basis. Comments are limited to three (3) minutes, except for a speaker
addressing the Planning and Zoning Commission through a translator will be allowed six (6) minutes.
CONSENT AGENDA
All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the Planning and Zoning Commission or any individual wish to discuss any item,
said item may be removed from the Consent Agenda upon request from a Planning and Zoning
Commissioner or by request of any other individual in attendance.
3. MINUTES.
Consider approval of the minutes for the June 8, 2026, Planning and Zoning Commission meeting.
PUBLIC HEARINGS
The City Council may approve modified development standards and/or a different zoning district than the
one requested, except that the different district will not: (1) have a maximum structure height or density
that is higher than the one requested; or (2) change the uses to solely nonresidential uses when the request
is for solely residential uses or vice versa.
4. ZONING APPLICATION NO. Z0426-0448
Conduct a public hearing and consider recommending approval of Zoning Application No. Z04260448 submitted by Ricky Ponton for a zoning change from General Retail to Planned Development –
General Retail with a Conditional Use Permit to allow an Electrical Contractor Office and Warehouse
with Accessory Outdoor Storage with modified development standards located at 1402 and 1406
Rodeo Center Blvd.

Page 1 of 3
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To make arrangements, call the City Secretary’s office at (972) 216-6244 or 1-800-735-2989

5. ZONING APPLICATION NO. Z0526-0452
Conduct a public hearing and consider recommending approval of Zoning Application No. Z05260452 submitted by Veronica Morales for a zoning change from R-3 Single Family Residential to R-3
Single Family Residential with a Conditional Use Permit to allow an Accessory Dwelling Unit with
modifications to reduce the minimum lot size requirement from 21,780 square feet to 7,800 square
feet, and reduce the required number of parking spaces from four parking spaces to two parking spaces
located at 1303 Buena Vista Street.
6. ZONING TEXT AMENDMENT NO. 2026-01
Conduct a public hearing and consider recommending approval of Zoning Text Amendment No.
2026-01, amending the Mesquite Zoning Ordinance by making certain additions and deletions to
certain sections in Parts 1, 1-A, 3, and 6, including but not limited to, the following Sections 1-400
(Performance Standards); Part 1A (Landscaping, Buffering and Screening and Tree Preservation); 3200 (Nonresidential Use Regulations); 3-300 (Development Standards); 3-400 (Off-Street Parking
and Loading Regulations); 3-500 (Supplementary Use Regulations); 3-600 (Outdoor Sales, Display
and Storage Regulations); 3-700 (Accessory Structure Regulations); and Section 6-102 (Definitions)
pertaining to revising and establishing regulations related to and for Data Centers and related uses
such as Accessory Backup Generators, and Battery Energy Storage Systems (“BESS”).
DIRECTOR’S REPORT
7. DIRECTOR’S REPORT.
Receive the Director’s Report on recent City Council action taken on zoning-related items at their
meeting on June 15, 2026.
8. Discuss training topics and options for the Planning and Zoning Commission.

At the conclusion of business, the Chair shall adjourn the meeting.

********************************************
The Commission reserves the right to adjourn into a closed meeting at any time during the course of this meeting to discuss any of the matters
posted on this Agenda, when such closed session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney).
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter
411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia
segun el Sub- capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad
portando un arma de fuego oculta.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H,
Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con
licencia segun el Sub- capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta
propiedad portando una arma de fuego a la vista.
Pursuant to Section 551.007 (c) of the Texas Government Code, any member of the public wishing to address the Planning and Zoning
Commission through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the
assistance of a translator.
Conforme a la Sección 551.007 (c) del Código de Gobierno de Texas, cualquier miembro del público que desea dirigirse a la Comisión
través del uso de un traductor se le otorga al menos el doble de tiempo como miembro del público que no requiere la asistencia de un
traductor.

Page 2 of 3
****City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting.****
To make arrangements, call the City Secretary’s office at (972) 216-6244 or 1-800-735-2989

CERTIFICATE
I, Garrett Langford, Assistant Director of Planning and Development Services for the City of Mesquite, Texas, hereby certify that the
attached Agenda for the Planning and Zoning Commission meeting to be held on June 22, 2026, was posted on the bulletin boards at the
Municipal Center and City Hall by June 15, 2026, (at least three (3) business days prior to the date of the meeting) and remained so posted
until after the meeting. This notice was likewise posted on the City’s website at www.cityofmesquite.com for at least three (3) business
days prior to the date of the meeting.

Garrett Langford, AICP
Assistant Director of Planning and Development Services

Page 3 of 3
****City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting.****
To make arrangements, call the City Secretary’s office at (972) 216-6244 or 1-800-735-2989

MINUTES

June 8, 2026

PLANNING & ZONING COMMISSION
CITY OF MESQUITE, TEXAS
REGULAR MEETING

City Hall
City Council Chambers
757 North Galloway Avenue
Mesquite, Texas

ATTENDANCE: COMMISSIONERS (REGULAR MEMBERS AND ALTERNATES)
POSITION NO.

REGULAR
NAME

Position No. 1

Michael Morris

Position No. 2

Millie Arnold,
Chairwoman

Position No. 3

MEMBER ATTENDANCE

Present In-Person
Telephone/Video
Present In-Person
Telephone/Video

Absent

Present by

Absent

Present by

Roger Melend

Present In-Person
Telephone/Video

Absent

Present by

Position No. 4

Ronnie Chenault

Present In-Person
Telephone/Video

Absent

Present by

Position No. 5

Rick Cumby

Present In-Person
Telephone/Video

Absent

Present by

Position No. 6

Jeffrey Walker,
Chairman

Present In-Person
Telephone/Video

Absent

Present by

Position No. 7

Soira Teferi

Present In-Person
Telephone/Video

Absent

Present by

ALTERNATE NO.

ALTERNATE NAME

ATTENDANCE

Alternate No. 1

Vacant

Present In-Person
Required:
No
Yes)

Absent (* Attendance

Alternate No. 2

Debbie Screws

Present In-Person
No
Yes)
Required:

Absent (* Attendance

Vice-

ATTENDANCE: STAFF
Adam Bailey
Director, Planning & Development Services
Garrett Langford Assistant Director, Planning & Development Services
Elizabeth Douglas Planner
Carolyn Horner
Senior Planner
Jennifer Horton
Planner
Karen Strand
Deputy City Attorney
Millie Laird
Administrative Aide, Planning & Development Services
City of Mesquite, Texas

Present In-Person
Present In-Person
Present In-Person
Present In-Person
Present In-Person
Present In-Person
Present In-Person
Page 1 of 5

Planning & Zoning

MEETING MINUTES

Regular Meeting June 8, 2026

CALL TO ORDER
1. ROLL CALL
The meeting was called to order by Chairwoman Arnold at 7:00 p.m.; Planner Elizabeth Lonix
took roll call and declared a quorum was present.
PUBLIC COMMENTS
2. There were no comments.
CONSENT AGENDA
3. MINUTES.
Consider approval of the minutes for the May 11, 2026, Planning and Zoning Commission
meeting.
ACTION
Commissioner Chenault made a motion to approve the minutes; Commissioner Teferi seconded.
The motion passed 6-0.
PUBLIC HEARINGS
4. ZONING APPLICATION NO. Z0326-0446.
Conduct a public hearing and consider recommending approval of Zoning Application No.
Z0326-0446 submitted by Jackson Walker, LLP, for a zoning change from Agricultural
within the K-20 Floating Overlay District to Planned Development – General Retail to allow
the development of a convenience store with fuel sales, including 12 fueling positions, within
the required 500-foot separation distance from a residential zoning district, along with
modified development standards located east corner of FM 740 and FM 2757 (KCAD
Property ID 234837).
Senior Planner Carolyn Horner presented to the Commission.
DISCUSSION
Chairwoman Arnold asked Ms. Horner if there would be electric vehicle (EV) charging stations
included on the site; Ms. Horner advised that it would be a question for the Applicant.
APPLICANT
Jonathan Vinson, on behalf of the Applicant, came before the Commission and gave an overview
of the proposed project.
DISCUSSION
Ms. Arnold asked Mr. Vinson if there would be EV stations included; Mr. Vinson advised that he
was not sure, as the project is for 7-Eleven and it is up to them to include them.

City of Mesquite, Texas

Page 2 of 5

Planning & Zoning

MEETING MINUTES

Regular Meeting June 8, 2026

Commissioner Chenault asked if the fueling stations would be for passenger vehicles only and not
for commercial vehicles; Mr. Vinson advised that it is only for passenger vehicles.
There was a discussion concerning signage; Commissioner Melend inquired if there would be a
pole sign included on the site. Mr. Vinson advised that the project will adhere to City codes.
Ms. Arnold asked Mr. Vinson about the operating hours; Mr. Vinson advised that it would most
likely be a twenty-four-hour business. Ms. Arnold also asked if lighting and security would be
addressed; Mr. Vinson advised that it would.
PUBLIC COMMENTS
Chairwoman Arnold opened the public hearing. No one came forward; the public hearing was
closed.
DISCUSSION
There was a final discussion related to lighting; Ms. Horner advised that Staff can add a stipulation
to require lighting fixtures to face downward and be shielded.
ACTION
Mr. Chenault made a motion to approve with Staff's recommended stipulations, including the
downward-facing lighting; Ms. Arnold requested to add an additional stipulation that there will be
at least two (2) EV charging stations included. Mr. Chenault agreed to the amendment to the motion
to include 2 EV charging stations. Mr. Melend seconded. The motion passed 6-0.
5. ZONING APPLICATION NO. Z0526-0450
Conduct a public hearing and consider recommending approval of Zoning Application No.
Z0526-0450 submitted by Shayla Hamilton, Song Whiddon, PLLC, on behalf of Prosperity
Fire Protection, for a zoning change from North Gus Thomasson Corridor (NGTC) District
to Planned Development – Light Commercial with a Conditional Use Permit to allow office
and warehouse operations with an outdoor storage yard with modified development standards
located at 2909 Live Oak Drive.
Ms. Horner presented to the Commission.
DISCUSSION
There was a discussion about the timing of the request in regard to the North Gus Thomasson
Corridor Study that is currently underway. Ms. Horner advised the Commission that any zoning
changes would most likely remain in place.
Mr. Melend commented that there are several nearby businesses with outdoor storage.

City of Mesquite, Texas

Page 3 of 5

Planning & Zoning

MEETING MINUTES

Regular Meeting June 8, 2026

APPLICANT
Xinyan (George) Zhou, on behalf of the Applicant, approached the podium. Mr. Zhou advised the
Commission that this revised application took into consideration the previous Staff/Commission
suggestions and that the site plan is more defined. He further stated that hazardous materials would
not be stored on-site.
DISCUSSION
Mr. Melend inquired about the current administrative office that is at the location and how long it
has been there. The Applicant advised that it has been operating there for a year. There were
additional questions and discussions about the proposed screening and hours of operation.
Mr. Walker inquired about the existing parking lot and if there are any plans to redo the parking
lot, to which the Applicant responded that the parking lot meets space requirements.
Ms. Arnold asked Ms. Horner to bring the photo of the existing parking lot back to the presentation
screen. Mr. Langford advised the Commission that a site plan would need to be submitted and that
changes to the parking lot might be required to install the landscaping and fire lane.
PUBLIC COMMENTS
Chairwoman Arnold opened the public hearing. No one came forward; the public hearing was
closed.
ACTION
Mr. Melend made a motion to approve with staff recommendations, including the four
recommended CUP stipulations. Mr. Chenault seconded. The motion passed 6-0.
DIRECTOR'S REPORT
6. DIRECTOR'S REPORT
Adam Bailey, Director of Planning & Development, gave an update on City Council action
taken on zoning-related items at their meeting on June 1, 2026:
o Zoning Application No. Z0326-0445 submitted by Elite Emerald Construction for a
change of zoning from Commercial to Commercial with a Conditional Use Permit for a
primary outdoor storage yard located at 4501 IH 30. Approved by Ordinance No. 5254.
Mr. Bailey advised the Commission that there would be no Planning and Zoning cases on the
June 15, 2026 Council Agenda.

There were several additional updates, including:

City of Mesquite, Texas

Page 4 of 5

Planning & Zoning

MEETING MINUTES

Regular Meeting June 8, 2026

North Gus Thomasson Corridor Study:
o An open house will be held at the Elks Lodge on July 11th from 10 am to 1 pm.; any
questions may be directed to Garret Langford.
Roadway Impact Fee Study is still in the data gathering phase.
Comprehensive Plan Study:
o Mr. Bailey thanked Commissioners Chenault, Arnold, and Walker for attending the
Strategic Comprehensive Plan Kickoff Meeting on May 28th.
o On June 22nd and 23rd there will be stakeholder meetings with City departments held in
the Planning and Development Conference Room.
Upcoming Zoning Text Amendments:
o 6/22/2026: Data Centers
o 7/13/2026: Autonomous loading sites (drones)
Mr. Bailey advised the Commission that the Planning and Zoning Team is finally fully staffed.
Mr. Bailey discussed his recent trip to Detroit for the National Planning Conference; he stated that
he learned a lot about Data Centers and Artificial Intelligence (AI). He further advised the
Commission that he will attend the National Alliance of Preservation Commissions (NAPC)
Annual Conference in Minneapolis.
7. Commission Training.
Mr. Bailey advised that Saturday, August 1st will be a training day for the Commission as well as
for members of the Board of Adjustment, Landmark Commission, and Building Standards Board.
City Manager’s Office and City Council will be included. The training session will be from 8:30
am through noon. Breakfast will be provided.
8. Receive a briefing regarding data center regulations.
Mr. Bailey presented his proposed framework for Data Center Regulations.

The next meeting will be held on Monday, June 22, 2026.
Chairwoman Arnold adjourned the meeting at 8:12 pm.
Chairwoman Millie Arnold

City of Mesquite, Texas

Page 5 of 5

P LA NNI NG AND ZO NI NG DIVIS IO N

Z0426-0448
Planned Development – General Retail with a Conditional Use Permit
Jennifer Horton

FILE NUMBER:
REQUEST FOR:
CASE MANAGER:
PUBLIC HEARINGS

Planning and Zoning Commission:
City Council:

Monday, June 22, 2026
Monday, July 6, 2026

GENERAL INFORMATION
Applicant:

Ricky Ponton

Requested Action:

Rezone to Planned Development – General Retail (PD-GR) with a
Conditional Use Permit (CUP) to allow an Electrical Contractor
Office/Warehouse with Accessory Outdoor Storage with modified
development standards.
1402 and 1406 Rodeo Center Blvd (SE corner of Rodeo Center Blvd and
Magnolia Dr)

Location:

SITE BACKGROUND
Platting:

Hickory Heights, Block B, Lots 3 and 4

Size:

± 0.43 acres

Zoning:

GR - General Retail

Future Land Use:

Neighborhood Retail

Zoning History:

1951: Annexed into City of Mesquite, Zoned Residential
1961: Rezoned to LR, Local Retail
1973: Rezoned to GR, General Retail

Surrounding Zoning and Land Uses (see attachment 3):
NORTH:

ZONING
R-3, Single Family Residential

EXISTING LAND USE
Single Family Detached Dwellings

SOUTH:

R-3, Single Family Residential

Single Family Detached Dwellings

EAST:

Planned Development - Townhouse

Single Family Detached Dwellings

WEST:

GR - General Retail

Merle’s Uniforms,
Detached Dwellings

Planning and Zoning Division
Prepared by Jennifer Horton

Single

Family

Page 1 of 28

File No.: Z0426-0448
Zoning Change

CASE SUMMARY
The applicant is requesting a zoning change for the subject properties to establish a new
Planned Development (PD) with a Conditional Use Permit (CUP) based on the General Retail
Zoning District. The request would modify the district's use regulations to allow an Electrical
Contractor Office/Warehouse with Accessory Outdoor Storage through a nontransferable CUP
for Matrix Electric Company, Inc. The request would also modify the district’s development
standards.
Matrix Electric Company, Inc. is owned and operated by the applicant, who purchased the
property at 1406 Rodeo Center Blvd in 2011 and has operated the business from this location
since that time. The applicant recently acquired the adjacent property at 1402 Rodeo Center
Blvd. Both properties are currently zoned General Retail. The property at 1406 Rodeo Center
Blvd contains an existing ±1,743-square-foot office building and an existing ±2,151-square-foot
warehouse located at the rear of the site that is used for storing materials and equipment
associated with the electrical contractor business. The warehouse is considered a legally
nonconforming structure. The adjacent property at 1402 Rodeo Center Blvd is currently vacant.
The applicant is seeking to formalize and improve business operations through the requested
zoning change and associated site improvements, including combining the two lots and
constructing a screened parking and outdoor storage area. The screening will consist of a
board-on-board cedar fence approximately 6 feet, 6 inches in height with a sliding gate.
Proposed outdoor storage items include company vehicles, utility trailers, and small equipment.
Access to the site will remain from Rodeo Center Blvd, and access from the adjacent alley is
prohibited. The site currently contains two driveways along Rodeo Center Boulevard. An
Engineering Design Manual Variance may be required due to current substandard driveway
spacing; however, this determination will be made during the site plan review process.
If the requested PD is approved, the applicant will be required to replat the properties into a
single legal lot of record. A site plan review will also be required prior to the issuance of building
permits for the proposed fence, parking area, and any other site improvements. The location
and design of the dumpster enclosure, as well as fire lane requirements, will be evaluated as
part of the site plan review process.
The applicant has applied for a Certificate of Occupancy (CO) for the business. Issuance of the
CO is contingent upon approval of the requested zoning change and correction of deficiencies
identified during the CO inspection. These deficiencies include, but are not limited to, repairing
damaged gutters, repainting areas of peeling or chipped exterior paint, providing a compliant
dumpster enclosure, and replacing crushed rock with grass.

MESQUITE COMPREHENSIVE PLAN
The Mesquite Comprehensive Plan Future Land Use Map (FLUM) designates the subject
properties as Neighborhood Retail, which is characterized by a variety of retail and personal
service uses that meet the daily needs of nearby residents. This land use category is intended
to provide a transition between residential neighborhoods and higher-intensity commercial
Planning and Zoning Division
Prepared by Jennifer Horton

Page 2 of 28

File No.: Z0426-0448
Zoning Change

development. The Comprehensive Plan recommends a combination of screening, increased
rear setbacks, and enhanced landscaping to ensure adequate buffering from adjacent
residential properties.
STAFF COMMENTS:
While the proposed PD would allow uses that are typically prohibited in the General Retail
District, a nontransferable CUP can provide mitigation measures to minimize potential impacts
on adjacent residential properties, including screening, limitations on the height of outdoor
storage, and restrictions on loading and unloading activities during nighttime hours. This
approach would also maintain the existing General Retail base zoning, which is consistent with
the Future Land Use Map (FLUM) designation for the area.

MESQUITE ZONING ORDINANCE
SEC. 5-311. N. Approval Standards for creation or amendment of a PD District. In making
their recommendation and decision, the Planning and Zoning Commission and City Council
shall consider the following standards. The approval or amendment of a Planned Development
(PD) District should be based on a balancing of these standards.
1. The extent to which the proposed amendment promotes the public health, safety, and
welfare and will benefit the City as a whole.
STAFF COMMENTS: The proposed PD and associated CUP conditions will allow an
existing business to continue operating in a manner that protects neighboring properties
and the public while providing additional site improvements and operational standards.
Additionally, the issuance of a Certificate of Occupancy will require correction of existing
site deficiencies and compliance with applicable City codes, ensuring site conditions
that promote the public health, safety, and welfare of the surrounding area and the City
as a whole.
2. The consistency of the proposed PD with the Comprehensive Plan and any other
adopted land use policies.
STAFF COMMENTS: The proposed PD helps ensure that the property is developed
and maintained in a manner that is compatible with surrounding land uses, while
preserving the existing General Retail base zoning, which is consistent with the Future
Land Use Map designation for the area.
3. The extent to which the proposed PD District will support and further the City Council’s
strategic goals.
STAFF COMMENTS: The proposed PD supports the City Council 2026-2027 Strategic
4.1 – Promote investment in new and existing businesses. Approval of the request
Planning and Zoning Department
Prepared by Jennifer Horton

Page 3 of 28

File No.: Z0426-0448
Zoning Change

would allow a locally owned business to occupy and improve an existing site that might
otherwise remain vacant or underutilized.
4. The extent to which the proposed PD creates nonconformities.
STAFF COMMENTS: The proposed amendment would not increase the degree of the
existing structural nonconformities. While the PD would permit an Electrical Contractor
Office/Warehouse use that is not otherwise allowed in the General Retail district, the
use would be authorized through a nontransferable CUP and subject to site-specific
conditions intended to mitigate impacts on surrounding properties, creating a limited
and controlled exception while preserving the underlying General Retail zoning
designation.
5. The compatibility with the existing uses and zoning of nearby property.
STAFF COMMENTS: Compatibility with surrounding uses and zoning can be achieved
through the application of site-specific development standards. Proposed screening and
limitations on outdoor storage and loading/unloading are intended to minimize impacts
on adjacent residential properties. Additionally, site access will remain from Rodeo
Center Blvd, reducing the potential for traffic impacts on nearby neighborhoods.
6. The trend of development, if any, in the general area of the property in question.
STAFF COMMENTS: There has been little recent development activity in the
immediate area. One exception is a pending zoning request (Z0326-0443) for the
property across the street, which seeks to rezone the site from General Retail to
Residential for the construction of a single-family home. However, the case has not yet
been scheduled for a public hearing. Additionally, several General Retail-zoned
properties located south of the subject site have remained vacant for nearly two
decades.
7. The suitability of the property for the purposes for which it is presently zoned, i.e., the
feasibility of developing the property in question for one or more of the uses currently
allowed under the existing zoning classification.
STAFF COMMENTS: The existing structures and proposed parking area are wellsuited for the proposed Electrical Contractor use; however, given the age and
configuration, the potential for adaptive reuse of the warehouse for a use currently
permitted within the General Retail District may be limited. Approval of the request
would facilitate continued investment in productive use of the property while preserving
the existing structures.

Planning and Zoning Department
Prepared by Jennifer Horton

Page 4 of 28

File No.: Z0426-0448
Zoning Change

8. Whether adequate public facilities are available including, but not limited to, schools,
parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines,
or are reasonably capable of being provided prior to the development of the uses which
would be permitted on the subject property if the amendment were adopted.
STAFF COMMENTS: Existing public facilities, including roads, water, and sewer
infrastructure, are available for the property owner to update on the subject property as
needed to support the proposed development.
9. Whether the proposed PD District provides a greater level of public benefits than would
otherwise be achieved if the property were developed under a standard zoning district.
STAFF COMMENTS: The proposed PD provides a greater level of public benefit than
would otherwise be achieved under standard General Retail zoning by establishing
additional safeguards related to outdoor storage, screening, and site access. Approval
of the request will also facilitate correction of existing site deficiencies through the CO
process and implementation of site improvements, including a board-on-board cedar
fence. These improvements will enhance the appearance of the property and contribute
to the overall character of the corridor.
10. The degree to which the proposed PD District incorporates a creative site design to
achieve the purposes of this Code and represents an improvement in quality over what
is possible through a strict application of the otherwise applicable zoning district or
development standards.
STAFF COMMENTS: The proposed PD facilitates site improvements and enhanced
screening that result in a more orderly and compatible development pattern than would
likely occur under the property's current condition.
11. Any other legally sufficient standard under Texas law.
STAFF COMMENTS: No staff comments at this time.

CONCLUSIONS
ANALYSIS
The proposed PD would allow the continued operation of a locally owned business while
facilitating improvement of two existing commercial properties. Although the request would
permit a use that is not otherwise allowed within the General Retail District, the proposed
nontransferable CUP and site-specific development standards provide safeguards intended to
minimize impacts on adjacent residential properties.

Planning and Zoning Department
Prepared by Jennifer Horton

Page 5 of 28

File No.: Z0426-0448
Zoning Change

STAFF ASSESSMENT
Based on the information contained in the application and the analysis of the facts of record,
staff believes that the request is generally consistent with the Future Land Use Map, supports
the City Council's strategic goals, and satisfies approval standards in Section 5-311.N of the
MZO. Therefore, approval of the zoning change to Planned Development – General Retail with
a Conditional Use Permit for an Electrical Contractor Office/Warehouse with Accessory
Outdoor Storage is warranted.
The proposed ordinance would establish a Planned Development – General Retail zoning
district and incorporate the following exhibits:
Exhibit A – Legal Description
Exhibit B – Development Standards
Exhibit C – Concept Plan
The ordinance would also grant a nontransferable CUP to allow an Electrical Contractor
Office/Warehouse with Accessory Outdoor Storage. The following stipulations are
recommended as conditions of approval for the CUP:
1.

The CUP shall comply with all stipulations and exhibits of the associated PD
ordinance.

2.

The CUP is approved solely for Matrix Electric Company, Inc. and is not transferable
or assignable. Any future occupant or operator of the property seeking to establish
the same or a similar use shall be required to obtain a new CUP in accordance with
the procedures of the Mesquite Zoning Ordinance.

3.

Accessory outdoor storage shall be located as shown on the Concept Plan and shall
be limited to two three-quarter-ton company trucks, one 7-foot by 18-foot utility
trailer, one 7-foot by 12-foot utility trailer, one skid steer, and one mini excavator.
Outdoor storage unrelated to Matrix Electric Company, Inc. is expressly prohibited.

4.

Accessory outdoor storage items are limited to 6 ½ feet in height.

5.

Accessory outdoor storage shall be located within a fully enclosed area as shown
on the Concept Plan and screened by a board-on-board cedar fence with a
minimum height of 6.5 feet, except for any area used for ingress and egress,
which may be enclosed with a sliding board-on-board cedar gate. The fence shall
also extend the full length of the property line adjacent to the alley and shall
continue along the southern property line to the rear of the warehouse building.

6.

The existing wrought iron fence along the interior side property line shall be
permitted to remain as a legally nonconforming fence. No outdoor storage shall be
permitted in any area visible from or through the fence along the interior side
property line.

Planning and Zoning Department
Prepared by Jennifer Horton

Page 6 of 28

File No.: Z0426-0448
Zoning Change

7.

Loading and unloading of company vehicles, trailers, equipment, and materials
shall be limited to daylight hours.

8.

Three convictions for CUP violations within any 12-month period shall result in
automatic revocation of the CUP. Prior to revocation, the Building Official shall
revoke the Certificate of Occupancy for the use, following all applicable procedures
before notifying the owner that use is no longer authorized.

Alternatively, based on the information provided at the public hearing, the Commission may
recommend approval of the request with additional or modified stipulations or recommend
denial of the request.

PUBLIC NOTICE
Required notices were mailed to all property owners within 200 feet of the subject property,
and courtesy notices were mailed to property owners within 400 feet of the subject property.
As of June 15, 2026, one notice was returned in opposition of the proposal.

ATTACHMENTS
1. Aerial Map
2. Public Notification Map
3. Zoning Map
4. Future Land Use Map
5. Site Photos
6. Application Materials
7. Legal Description
8. Proposed Planned Development Standards and Summary
9. Concept Plan
10. Returned Public Notices

Planning and Zoning Department
Prepared by Jennifer Horton

Page 7 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Division
Prepared by Jennifer Horton

ATTACHMENT 1 – AERIAL MAP

Page 8 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Division
Prepared by Jennifer Horton

ATTACHMENT 2 – PUBLIC NOTIFICATION MAP

Page 9 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Division
Prepared by Jennifer Horton

ATTACHMENT 3 – ZONING MAP

Page 10 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Division
Prepared by Jennifer Horton

ATTACHMENT 4 – FUTURE LAND USE MAP

Page 11 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 5 – SITE PHOTOS

1406 RODEO CENTER BLVD FRONTAGE

Planning and Zoning Division
Prepared by Jennifer Horton

Page 12 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 5 – SITE PHOTOS

1402 RODEO CENTER BLVD FRONTAGE

Planning and Zoning Department
Prepared by Jennifer Horton

Page 13 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 5 – SITE PHOTOS

MAGNOLIA DR FRONTAGE

Planning and Zoning Department
Prepared by Jennifer Horton

Page 14 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 6 – APPLICATION MATERIALS

MAGNOLIA DR FRONTAGE

Planning and Zoning Department
Prepared by Jennifer Horton

Page 15 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 6 – APPLICATION MATERIALS

Page 16 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 6 – APPLICATION MATERIALS

Page 17 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 6 – APPLICATION MATERIALS

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File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
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ATTACHMENT 6 – APPLICATION MATERIALS

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Zoning Change

ATTACHMENT 6 – APPLICATION MATERIALS

Exhibit A - Legal Description

Planning and Zoning Department
Prepared by Jennifer Horton

Page 20 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 6 – APPLICATION MATERIALS

Page 21 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 6 – APPLICATION MATERIALS

Page 22 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 7 – LEGAL DESCRIPTION
Exhibit A – Legal Description

Planning and Zoning Department
Prepared by Jennifer Horton

Page 23 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 7 – LEGAL DESCRIPTION

Page 24 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 8 – DEVELOPMENT STANDARDS
Exhibit B – Development Standards
Z0426-0448

This Planned Development – General Retail (“PD-GR”) district must adhere to all conditions of
the Mesquite Code of Ordinances, including but not limited to the Mesquite Zoning Ordinance
(“MZO”), as amended, and adopts the General Retail (“GR”) zoning district as the base district
standards consistent with the Concept Plan attached hereto and incorporated herein as Exhibit
C and the standards identified below, which apply to this PD-LC district. Where these regulations
conflict with or overlap another ordinance, this PD ordinance will control.

1. Permitted Land Uses. The permitted uses on the PD-GR district property include the
permitted uses of the GR district classification as set out in the MZO, and those
permitted uses on the PD-GR district property are subject to the same requirements as
set out in the MZO. Prohibited uses on the PD-GR district property are identified in
subsection 1.b. below.
a. The permitted uses requiring a Conditional Use Permit (“CUP”), as set out in the MZO,
also require a CUP for the use to be permitted on the PD-GR property. The following
uses may also be permitted with a CUP.
i.
ii.

Electrical Contractor Office/Warehouse
Accessory Outdoor Storage

b. Any land use prohibited in the GR Zoning District, as amended, is also prohibited
on the PD-GR property.

2. Development Standards. In addition to the requirements of the “GR” base zoning
district, the PD-GR is subject to the following.
a. Site Plan. The site plan shall be consistent with the Concept Plan as shown in
Attachment 9 and shall comply with the applicable development regulations in the
MZO and Mesquite Code of Ordinances. Deviations from the Concept Plan may be
permitted to comply with the Mesquite Engineering Design Manual, Building and
Fire Codes, as amended, provided that the development complies with all
requirements of this ordinance.
b. Screening. Outdoor storage shall comply with the stipulations of the CUP. Any future
development or changes to the site shall comply with the applicable development
regulations in the MZO and Mesquite Code of Ordinances.
c. Fencing. All screening and fencing on the property shall be maintained in a like-new
manner, meaning any portion of fencing showing signs of deterioration, broken or
missing panels, or creating a safety hazard, shall be replaced.
d. Parking: One parking space shall be required for every 300 square feet of office
space.
Planning and Zoning Department
Prepared by Jennifer Horton

Page 25 of 28

File No.: Z0426-0448
Zoning Change

ATTACHMENT 9 – CONCEPT PLAN
PLAN

Exhibit C – Concept Plan

Planning and Zoning Department
Prepared by Jennifer Horton

Page 26 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 9 – CONCEPT PLAN
PLAN

Page 27 of 28

File No.: Z0426-0448
Zoning Change

Planning and Zoning Department
Prepared by Jennifer Horton

ATTACHMENT 10 – RETURNED PUBLIC NOTICES
PLAN

Page 28 of 28

P LA NNI NG AND ZO NI NG DIVIS IO N

Z0526-0452
Conditional Use Permit
Jennifer Horton, Planner

FILE NUMBER:
REQUEST FOR:
CASE MANAGER:
PUBLIC HEARINGS

Planning and Zoning Commission:
City Council:

Monday, June 22, 2026
Monday, July 20, 2026

GENERAL INFORMATION
Applicant:

Veronica Morales

Requested Action:

Conditional Use Permit to allow an Accessory Dwelling Unit with modified
standards
1303 Buena Vista St (NE corner of Buena Vista St and Lee St)

Location:

SITE BACKGROUND
Platting:

Northridge Estates 1, Block 18, Lot 36

Size:

± 7,840 sq ft / 0.18 acres

Zoning:

R-3, Single Family Residential

Future Land Use:

Low Density Residential

Zoning History:

1951: Annexed into City of Mesquite, Zoned Residential

Surrounding Zoning and Land Uses (see Attachment 3):
NORTH:

ZONING
R-3, Single Family Residential

EXISTING LAND USE
Single Family Detached Dwellings

SOUTH:

R-3, Single Family Residential

Single Family Detached Dwellings

EAST:

R-3, Single Family Residential

Single Family Detached Dwellings

WEST:

R-3, Single Family Residential

Single Family Detached Dwellings

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

Page 1 of 20

File No.: Z0526-0452
Conditional Use Permit

CASE SUMMARY
The applicant is requesting a Conditional Use Permit (CUP) to allow an Accessory Dwelling
Unit (ADU) on the property located at 1303 Buena Vista Street in the Northridge Estates
Subdivision. The property is located in Dallas County and is zoned R-3 Single Family
Residential. Per the Mesquite Zoning Ordinance (MZO), an ADU may be considered within this
district through the CUP process, provided the request meets the criteria outlined in Section 2603.N of the MZO.
The applicant proposes to convert an existing detached garage into an ADU for occupancy by
her father. The structure contains approximately 439 square feet, which complies with the
maximum ADU size of 500 square feet. The proposed ADU is located behind the primary
residence, meets all applicable setback requirements, will share utility connections with the
primary structure, and is not intended to be rented or sold separately. The applicant is
requesting the following modifications: (1) a reduction in the minimum lot size requirement from
21,780 square feet to 7,800 square feet, and (2) a reduction in the required number of parking
spaces from four to two. All other applicable ADU standards are met.
The applicant has indicated that three vehicles are regularly parked on the property. Two
existing parking spaces are located adjacent to the detached garage on the corner side of the
residence facing Lee St. The property also contains an approach from Lee St. that appears to
have previously served a garage or carport on the side of the house that has since been
converted to habitable living space. While the applicant currently parks one vehicle in this area,
it cannot be counted toward required parking because parking in that location would obstruct
the public sidewalk and is prohibited pursuant to Texas Transportation Code § 545.302 and
Section 9-225 of the City of Mesquite Code of Ordinances.
Per Table 2-9 of the City of Mesquite Engineering Design Manual, only one street connection
is permitted for the subject property, which currently exists on Lee St. However, the parking
deficiency could potentially be addressed through an Engineering Variance to allow a second
driveway connection along Buena Vista St. This option was discussed with the applicant during
a Pre-Application Meeting, and no application fee is required for an Engineering Variance
request. Traffic Engineering staff has indicated they are generally supportive of this type of
request and do not anticipate significant obstacles; however, any required Engineering Design
Manual Variance will be subject to separate review and approval.

MESQUITE COMPREHENSIVE PLAN
The Future Land Use designation for the subject property is Low Density Residential.
STAFF COMMENTS: Staff finds that the proposed ADU is generally compatible with the
surrounding low-density residential neighborhood. The proposed unit is subordinate in size to
the primary residence, is located behind the principal structure, and will not substantially alter
the appearance or character of the neighborhood, thereby maintaining the property's singlefamily residential appearance.
Planning and Zoning Division
Prepared by Jennifer Horton, Planner

Page 2 of 20

File No.: Z0526-0452
Conditional Use Permit

MESQUITE ZONING ORDINANCE
SECTION 5-310.N: REVIEW CRITERIA FOR CONDITIONAL USE PERMITS
1. The extent to which the proposed CUP promotes the public health, safety, and welfare
and will benefit the City as a whole.
STAFF COMMENTS: The proposed ADU is intended to accommodate multigenerational living,
and the conversion of the existing detached structure is not expected to adversely impact
surrounding properties. However, staff has concerns regarding the requested parking
reduction, as the applicant currently utilizes an area that obstructs the public sidewalk. Sidewalk
obstructions can create safety and accessibility concerns for pedestrians and may adversely
affect public health, safety, and welfare.
2. The consistency of the proposed CUP with the Comprehensive Plan and any other
adopted land use policies.
STAFF COMMENTS: The request is consistent with the Plan's land use designation. However,
the proposed parking arrangement is not consistent with the adopted parking standards for
ADUs. The standards were established to address increasing on-street parking demands in
established residential neighborhoods, many of which were originally designed to
accommodate only one or two vehicles per household. The required parking standards were
included to help balance housing needs with the potential impacts of additional vehicles on
residential streets.
3. The extent to which the proposed CUP will support and further the City Council's strategic
goals.
STAFF COMMENTS: The request is generally consistent with City Council Strategic Goal 2.5,
which promotes well-designed residential neighborhoods that provide a variety of housing
options and amenities. The proposed ADU helps address the growing need for housing and
supports multigenerational living arrangements, including opportunities for families to care for
aging relatives. However, the parking deficiency at the subject property remains a concern and
should be addressed.
4. The extent to which the proposed CUP creates nonconformities.
STAFF COMMENTS: The CUP request would not create any structural nonconformities.
However, approval of the requested parking reduction from four spaces to two spaces would
result in a nonconforming premises with respect to off-street parking requirements.
5. The compatibility with the existing use and zoning of nearby property such that the
proposed CUP will not be injurious to the use and enjoyment of other property in the
immediate area for purposes already permitted, nor substantially diminish property values
within the immediate vicinity.

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

Page 3 of 20

File No.: Z0526-0452
Conditional Use Permit

STAFF COMMENTS: The proposed ADU as a use is generally compatible with the existing
uses and zoning of nearby properties. Staff does not anticipate that the size, location, and
proposed conversion of the existing detached garage will be injurious to the use and enjoyment
of neighboring properties or substantially diminish property values within the immediate vicinity.
However, staff has concerns that the requested parking reduction could adversely affect
neighboring properties by increasing the potential for on-street parking and sidewalk
obstructions.
6. The trend of development, if any, in the general area of the property in question.
STAFF COMMENTS: The conversion of existing garages into habitable living space, including
ADUs, is a common trend in established residential neighborhoods as property owners seek
additional housing opportunities. This approach is often utilized where expansion of the primary
residence or construction of a new accessory structure is not feasible due to lot size or site
constraints.
7. Whether adequate public facilities are available including, but not limited to, schools, parks,
police, and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are
reasonably capable of being provided prior to the development of the uses which would be
permitted on the subject property if the CUP were adopted.
STAFF COMMENTS: Adequate public facilities and infrastructure are available to serve the
proposed ADU.
8. The extent to which adequate measures have been or will be taken to provide sufficient
off-street parking and loading spaces to serve the proposed conditional uses.
STAFF COMMENTS: The applicant currently utilizes an area that cannot be counted toward
required parking because a vehicle parked there would obstruct the public sidewalk. As a result,
only two legal off-street parking spaces are available, where four spaces are required.
9. Whether adequate measures have been or will be taken to prevent or control offensive
lights, odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance
and/or violate the Mesquite City Code, including the MZO.
STAFF COMMENTS: Staff does not anticipate offensive lights, odor, fumes, dust, noise, or
vibration that will constitute a nuisance and/or violate the Mesquite City Code, including the
MZO.
10. Any other legally sufficient standard under Texas law.
STAFF COMMENTS: No staff comments at this time.
Planning and Zoning Department
Prepared by Jennifer Horton, Planner

Page 4 of 20

File No.: Z0526-0452
Conditional Use Permit

CONCLUSIONS
The proposed ADU is generally compatible with the surrounding neighborhood and provides
housing options for multigenerational living. Staff does not anticipate adverse impacts from the
requested reduction in the minimum lot size requirement, as the proposed ADU would be
accommodated within an existing detached accessory structure that does not exceed the
maximum allowable square footage and meets all applicable setback requirements. However,
the requested reduction in off-street parking from four spaces to two would result in a parking
deficiency that is inconsistent with the intent of the adopted ADU parking standards and may
pose a risk to public health, safety, and welfare. Approval of the requested parking reduction is
not warranted.
STAFF ASSESSMENT
Based on the information contained in the application and analysis of the facts of record, staff
concludes that approval of a CUP to allow an ADU with a reduction in the minimum lot size
requirement from 21,780 square feet to 7,800 square feet may be warranted, subject to the
following stipulations:
1. The required off-street parking is provided in full, consistent with the adopted ADU
parking standards.
2. Building permits are obtained for the garage conversion and any associated site
improvements.
Should the applicant wish to pursue an Engineering Variance to allow a second driveway
connection along Buena Vista St. as a means of providing the required parking, that process
may be pursued independently of this CUP.
Alternatively, based on the information provided at the public hearing, the Commission may
recommend approval of the request with additional or modified stipulations or may recommend
denial of the request.

PUBLIC NOTICE
Staff mailed notices to all property owners within 200 feet of the subject property and courtesy
notices to property owners within 400 feet. As of June 17, 2026, staff has not received any
returned property owner notices for the request. However, one property owner who received a
courtesy notice submitted an email expressing opposition to the request.

ATTACHMENTS
1. Aerial Map
2. Public Notification Map
3. Zoning Map
4. Site Photos
5. Application Materials
6. Concept Plan
Planning and Zoning Department
Prepared by Jennifer Horton, Planner

Page 5 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

ATTACHMENT 1 – AERIAL MAP

Page 6 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

ATTACHMENT 2 – PUBLIC NOTIFICATION MAP

Page 7 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

ATTACHMENT 3 – ZONING MAP

Page 8 of 20

File No.: Z0526-0452
Conditional Use Permit

ATTACHMENT 4 – SITE PHOTOS

BUENA VISTA ST FRONTAGE
Planning and Zoning Division
Prepared by Jennifer Horton, Planner

Page 9 of 20

File No.: Z0526-0452
Conditional Use Permit

ATTACHMENT 4 – SITE PHOTOS

LEE ST FRONTAGE

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

Page 10 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

Page 11 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

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File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

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File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

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File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

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File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

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File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Division
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

Page 17 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 5 – APPLICATION MATERIALS

Page 18 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 6 – CONCEPT PLAN

Page 19 of 20

File No.: Z0526-0452
Conditional Use Permit

Planning and Zoning Department
Prepared by Jennifer Horton, Planner

ATTACHMENT 6 – CONCEPT PLAN

Page 20 of 20

MEMORANDUM
To:

Planning And Zoning Commissioners

From:

Adam B. Bailey, AICP, Director of Planning and Development Services

Date:

June 17, 2026

Subject:

ZTA 2026-01 — Data Centers Text Amendment

This memo is intended to help the Planning and Zoning Commission prepare for the public
hearing on Zoning Text Amendment 2026-01 (Data Centers), scheduled for Monday, June 22,
2026.
THE BIG PICTURE
ZTA 2026-01 creates Mesquite's first dedicated regulatory framework for data centers, paired
with a companion framework for Battery Energy Storage Systems (BESS). Today, a data center
proposed in Mesquite would be reviewed as a generic industrial or warehouse use, with no
standards addressing noise, generator testing, cooling water systems, residential setbacks, or
decommissioning. This amendment closes that gap. It is a text amendment only — no specific
property is being rezoned and no individual project is being approved at this hearing.
WHAT'S CHANGING (7 sections)
The amendment touches seven sections of the Mesquite Zoning Ordinance. A new Section
1.408 establishes citywide glare and lighting standards requiring full-cutoff fixtures and zero light
spillover at property lines. Sections 1A.200 and 1A.201 are amended to cross-reference new
screening requirements. Section 3.203 adds data centers and BESS to the Schedule of
Permitted Uses. Sections 3.300, 3.400, and 3.405 are amended to add development and
parking standards, including a new Parking Standard 29 for data centers. Section 3.500 gains
two new sections: 3.514 for data centers and 3.515 for BESS, which together form the core of
the new regulatory framework. Section 6.102 adds definitions for Data Center, BESS,
Cryptocurrency Mining, and Generator Yard. A related amendment to City Code Section 10-75
establishes enforceable noise limits, but that piece is a City Council action; for the Commission,
it is informational only.
KEY POLICY CALLS TO KNOW
•
•
•
•
•
•

Data centers permitted only by CUP in the I district — Council reviews each one caseby-case
5-acre minimum lot
Closed-loop cooling required
Cryptocurrency mining banned outright — all districts, can't be paired with a data center
use
Generator testing limits, fire/life safety tied to NFPA 855 & 72
Decommissioning obligations required for end-of-life sites

•
•

BESS gets tiered treatment (small-scale, large-scale, portable) with its own permitting,
noise, and decommissioning rules
Modeled on San Angelo's May 2026 ordinance, adapted to Mesquite

THE VOTE
At the June 22 Planning and Zoning Commission meeting, the Commission will be asked to
make a recommendation to City Council, which will take final action on July 6. State law and
Section 5-308.M of the Zoning Ordinance require the Commission to weigh the amendment's
effect on public health, safety, and welfare; its consistency with the Comprehensive Plan and
existing land use policy; whether it creates nonconforming uses; and whether it reflects sound
policy. Staff's conclusion is that the amendment satisfies all applicable standards and
recommends approval.
QUESTIONS YOU SHOULD EXPECT — AND HOW STAFF WOULD ANSWER
•

"Why CUP instead of by-right?" → Lets Council evaluate site-specific impacts (noise,
traffic, neighbors) on every individual proposal rather than locking in one-size-fits-all
rules.

•

"What protects neighborhoods near the Industrial district?" → Setback and screening
standards in §3.514, the new glare standard (§1.408), and a standalone noise limit in
City Code §10-75 that overrides the general noise table for this use.

•

"Will this create any nonconforming uses?" → No. No data centers currently exist in
Mesquite, so the new standards are purely prospective and don't affect any existing use.

•

"Why model this on San Angelo?" → It's the most relevant recent Texas peer ordinance
— adapted, not copied wholesale, to fit Mesquite's zoning structure.

•

"Why is the City Code §10-75 noise piece informational only for us?" → That's a City
Code (not zoning) amendment — it falls under Council's authority alone. P&Z gets
visibility into it because it's tied to §3.514 and §3.515.

Staff will be available at the June 22 meeting to address any additional questions and to walk
through the proposed ordinance language in detail. Please don't hesitate to reach out before the
hearing with any questions or concerns.

__________________________________

Adam B. Bailey, AICP
Director of Planning and Development Services
CC:

Garrett Langford, AICP, Assistant Director of Planning and Development Services
Raymond M. Rivas, III, Deputy City Manager

P LA NNI NG AND ZO NI NG DIVIS IO N

FILE NUMBER:
REQUEST FOR:
CASE MANAGER:

ZTA 2026-01
Zoning Text Amendment
Adam B. Bailey, AICP, Director of Planning and Development Services

PUBLIC HEARINGS
Planning and Zoning Commission:
City Council:

Monday, June 22, 2026
Monday, July 6, 2026

GENERAL INFORMATION
Applicant:

City of Mesquite

Requested Action:

Amend the Mesquite Zoning Ordinance (MZO), Appendix C to the
Mesquite City Code, by making certain additions and deletions to the
following sections pertaining to revising and establishing regulations for
data centers:
•
•
•
•
•
•
•

Location:

Section 1.408 — Glare and Lighting Performance Standards
(new subsection added to update lighting standards)
Section 1A.200/1A.201 — Landscape Requirements (amended
to reference Section 3.514 residential adjacency screening)
Section 3.203 — Schedule of Permitted Uses (amended to add
data centers and BESS)
Section 3.300 — Development Standards (amended)
Section 3.400/3.405 — Off-Street Parking and Loading
Regulations (amended; Parking Standard 29 added for data
centers)
Section 3.500 — Supplementary Use Regulations (new Section
3.514, Data Centers; new Section 3.515, Battery Energy Storage
Systems)
Section 6.102 — Definitions (amended to add Data Center,
BESS, Cryptocurrency Mining, Generator Yard)

Citywide. As a Zoning Text Amendment, this amendment applies to the
text of the Mesquite Zoning Ordinance and does not rezone any specific
property. The new data center standards (Section 3-514) apply to all
properties within the I (Industrial) zoning district and qualifying Planned
Development districts citywide where a data center use may be proposed.

Planning and Zoning Division
Prepared by Adam B. Bailey, AICP

Page 1 of 6

File No.: ZTA2026-01
Zoning Text Amendment

CASE SUMMARY
The City of Mesquite proposes Zoning Text Amendment No. 2026-01 to establish a
comprehensive regulatory framework for data centers within the Mesquite Zoning Ordinance.
Data centers are a rapidly growing industry with significant potential to generate economic
investment, create quality employment, and expand the City's tax base. At the same time, data
centers present unique land use considerations related to noise, electrical demand, water
consumption, generator emissions, and visual impact that existing zoning regulations do not
adequately address.
The proposed amendment creates a new Section 3-514 — Data Centers — as a self-contained
supplementary use regulation consolidating all applicable development, operational, and longterm management standards. The amendment also creates a companion Section 3-515 —
Battery Energy Storage Systems — to regulate standalone BESS installations, which are
closely associated with data center operations and emerging as a distinct land use category. A
new Section 1-408 establishes citywide glare and exterior lighting performance standards that
apply to all nonresidential development, with data center-specific lighting standards further
addressed in Section 3-514. Companion amendments to Sections 1A.200/1A.201 (Landscape
Requirements), 3.203 (Schedule of Permitted Uses), 3.300, 3.400/3.405, and 6.102 integrate
data centers into the existing structure of the MZO. A corresponding amendment to City Code
Chapter 10, Article III, Section 10-75 establishes use-specific maximum permissible sound
levels for data centers and BESS that supersede the general noise zone table for those
facilities.
Data centers as a principal use will be permitted only by Conditional Use Permit (CUP) in the
Industrial (I) zoning district and qualifying Planned Development districts, ensuring case-bycase City Council review of each proposed facility’s impacts on surrounding properties, public
infrastructure, and community character. Cryptocurrency mining is expressly prohibited as a
principal or accessory use in all zoning districts and may not be combined with a data center
use. See Sections 3.203 and 6.102.

BACKGROUND AND PURPOSE
Industry Context
Data centers — facilities housing computer systems, servers, telecommunications equipment,
and related infrastructure — are among the fastest-growing commercial land uses in the United
States. Driven by the expansion of cloud computing, artificial intelligence workloads, streaming
services, and enterprise IT infrastructure, national demand for data center capacity has
accelerated significantly since 2022. The Dallas–Fort Worth Metroplex is one of the top-three
data center markets in the country, with Mesquite's industrial land base and regional freeway
access making it an attractive location for new investment.
Data centers, however, are operationally unlike other industrial uses. They operate
continuously — 24 hours a day, 365 days a year — and their dominant impacts are noise from
cooling equipment and generators, electrical demand at scale, significant water consumption
for cooling, and the need for robust emergency power systems. These characteristics require
targeted land use standards that do not exist in the current MZO.

Planning and Zoning Division
Prepared by Adam B. Bailey, AICP

Page 2 of 6

File No.: ZTA2026-01
Zoning Text Amendment

Regulatory Gap
Prior to this amendment, the Mesquite Zoning Ordinance did not define or specifically regulate
data centers as a distinct use. A data center proposed in Mesquite would be reviewed as a
general industrial or warehouse use, with no specific standards addressing noise, generator
testing schedules, cooling water systems, setbacks from residential areas, decommissioning
obligations, or the building design requirements that distinguish data centers from other large
industrial buildings. This regulatory gap creates uncertainty for applicants, neighbors, and City
staff alike.
Development of the Proposed Standards
Staff developed the proposed standards through a multi-step process:
•

Review of recently adopted data center ordinances from peer Texas cities, including
the City of San Angelo (Ordinance No. 2026, adopted May 2026), the City of Denison,
as well as standards from jurisdictions across DFW with significant data center
activity.

•

Review of industry guidance, including noise standards from the Institute of Noise
Control Engineers, fire and life safety standards from NFPA 855 (Battery Energy
Storage Systems) and NFPA 72, and generator emission standards from the EPA and
TCEQ.

•

Multiple presentations—May 4,2026 and June 1, 2026—to City Council outlining the
proposed framework, key development standards, and the policy rationale for the CUP
requirement, noise thresholds, closed-loop cooling requirement, and decommissioning
provisions.

Internal review with the City Engineer, Fire Marshal, and Building Official to ensure coordination
with applicable codes and infrastructure requirements.

MESQUITE ZONING ORDINANCE
SEC. 5-308.M. Approval Standards for Zoning Text Amendments. In making their
recommendation and decision, the Planning and Zoning Commission and City Council shall
consider the following standards. The approval of Zoning Text Amendments should be based
on a balancing of these standards.
1. The extent to which the proposed amendment promotes the public health, safety, and
welfare.
STAFF COMMENTS: The proposed amendment directly promotes public health,
safety, and welfare by establishing minimum standards for the most significant
impacts associated with data centers: noise from cooling and generator
equipment, light spillover onto adjacent properties, generator emissions, water
consumption, fire and life safety for battery energy storage systems, and longterm site stewardship through decommissioning obligations. The amendment
ensures that data centers — which operate continuously and generate sustained
noise and electrical demand — are sited, designed, and operated in a manner that
Planning and Zoning Division
Prepared by Adam B. Bailey, AICP

Page 3 of 6

File No.: ZTA2026-01
Zoning Text Amendment

protects surrounding residential and nonresidential neighbors. The requirement
for a Conditional Use Permit for each proposed facility ensures that City Council
can evaluate site-specific conditions and impose tailored conditions of approval.
The new Section 1-408 (Glare) establishes full-cutoff lighting standards and zerofootcandle spillover requirements applicable to all nonresidential development,
supplemented by the more detailed data-center-specific lighting standards of
Section 3.514.K. The companion amendment to City Code Section 10-75
establishes legally enforceable, use-specific sound level limits for data center
and BESS operations that supersede the general noise zone table and are
coordinated with the noise standards of Sections 3.514.L and 3.515.I.
2. The consistency of the proposed amendment with the Comprehensive Plan.
STAFF COMMENTS: The amendment is consistent with the Mesquite
Comprehensive Plan’s goals for economic development, industrial land use, and
quality of life. The Comprehensive Plan identifies economic development and
diversification of the City’s employment and tax base as primary goals. Data
centers represent a high-value, low-traffic industrial use that is well-suited to
Mesquite’s industrial corridor. At the same time, the Comprehensive Plan’s
quality of life goals require that industrial development be sited and regulated to
minimize impacts on residential areas. The setback, noise, screening, and
landscaping standards of Section 3.514, the glare and lighting standards of
Section 1.408, and the enforceable sound level limits of City Code Section 10-75
directly implement this balance.
3. The consistency of the proposed amendment with any adopted land use policies.
STAFF COMMENTS: The amendment is consistent with the City’s land use
policies directing intensive industrial uses to industrially zoned areas with
adequate infrastructure and separation from residential uses. By limiting data
centers to the Industrial district and qualifying Planned Development districts,
and requiring a minimum five-acre lot, the ordinance implements the intent of the
City’s industrial land use designations. The prohibition of cryptocurrency mining
in all zoning districts — a use with similar infrastructure requirements but
distinctly different economic and community benefit profiles — reflects an
affirmative policy choice to attract high-quality data center investment while
excluding extractive computational uses. This prohibition is expressly
established in Sections 3.203 and 6.102 of the amended MZO.
4. The consistency of the proposed amendment with the intent of this Code.
STAFF COMMENTS: The proposed amendment is consistent with the MZO’s
overarching intent to regulate land use in a manner that promotes quality
development, protects adjacent property values, and ensures compatibility
between uses. The structure of Section 3.514 mirrors the format of comparable
supplementary use regulations in the MZO — including Sections 3-502
(Miniwarehousing), 3-506 (General Service Hotel/Motel), and 3-509 (Public and
Private Schools) — in establishing use-specific standards that supplement the
general district regulations. The self-contained organization of Section 3.514
simplifies administration and ensures that all applicable requirements are readily
Planning and Zoning Division
Prepared by Adam B. Bailey, AICP

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File No.: ZTA2026-01
Zoning Text Amendment

accessible to applicants, property owners, and City staff. The new Section 1-408
(Glare) is appropriately placed in Part 1 as a general performance standard
applicable to all nonresidential development, consistent with the structure of
existing Part 1 performance standards. The companion amendment to City Code
Chapter 10, Article III, Section 10-75 ensures that the noise standards of Section
3.514.L and Section 3.515.I are legally enforceable through the City’s noise
ordinance framework.
5. Whether the proposed amendment corrects an error or omission, updates
administrative processes and procedures, adds clarification to existing requirements, or
reflects a change in policy.
STAFF COMMENTS: The proposed amendment corrects a significant regulatory
omission. The current MZO does not define or specifically regulate data centers
as a distinct use, creating a gap that would require data center proposals to be
evaluated against general industrial standards not designed for the unique
operational characteristics of this use. The amendment fills this gap
comprehensively and reflects a deliberate policy choice — endorsed by City
Council through the framework presentation process — to actively regulate data
centers in a way that enables economic investment while protecting community
interests. The creation of Section 3-515 (Battery Energy Storage Systems)
additionally addresses an emerging land use category not currently addressed in
the MZO. The new Section 1-408 (Glare) addresses an additional gap in the
current MZO by establishing baseline exterior lighting performance standards for
all nonresidential development. The amendment to City Code Section 10-75
closes a corresponding gap in the noise ordinance by adding use-specific, legally
enforceable sound level standards for data center and BESS operations.
6. The extent to which the proposed amendment creates nonconformities.
STAFF COMMENTS: The proposed amendment does not create nonconformities
for any existing use. No data centers currently exist in Mesquite that would be
rendered nonconforming by the new standards. Any data center that may be
lawfully established prior to the effective date of the ordinance would be
classified as a legal nonconforming use subject to Section 1-300 et seq.
(Nonconforming Situations). The amendment is prospective in nature and
imposes no retroactive requirements on existing uses.
7. Any other legally sufficient standard under Texas law.
STAFF COMMENTS: Staff is aware of no other legally sufficient standard
applicable to this amendment that would affect the Commission's
recommendation. The proposed amendment has been reviewed by the City
Attorney's office for consistency with Texas Local Government Code
requirements for zoning text amendments, notice, and public hearing
procedures.

CONCLUSIONS
Planning and Zoning Division
Prepared by Adam B. Bailey, AICP

Page 5 of 6

File No.: ZTA2026-01
Zoning Text Amendment

The proposed Zoning Text Amendment represents a comprehensive and carefully developed
regulatory framework for data center development in Mesquite. The amendment was
developed through a deliberate process that included City Council direction, peer ordinance
review, and internal technical coordination across planning, engineering, fire, and building
functions.
The core policy decisions reflected in the amendment — CUP requirement in Industrial districts
only; strict noise thresholds with residential adjacency provisions and corresponding City Code
Section 10-75 sound level limits; closed-loop cooling requirement; generator testing limitations;
masonry screening and landscape buffering; full-cutoff exterior lighting with zero spillover at
property lines (Section 1-408 and Section 3.514.K); and decommissioning obligations — are
each grounded in the unique operational characteristics of data centers and are consistent with
the standards being adopted by peer Texas communities. The San Angelo ordinance adopted
in May 2026 served as a significant reference point and was adapted to reflect Mesquite’s
specific zoning structure, community character, and industrial land base.
The self-contained structure of Section 3.514 — consolidating all applicable standards in one
place rather than scattering them across multiple sections — reflects best practice for
supplementary use regulations and is consistent with how the MZO handles other complex use
categories. The companion Section 3.515 for Battery Energy Storage Systems proactively
addresses a closely related and rapidly growing land use that warrants its own regulatory
framework, including small-scale, large-scale, and portable BESS classifications with tiered
permitting requirements, fire and life safety standards, noise assessment, and
decommissioning obligations. The amendments to Sections 1A.200/1A.201 coordinate
landscape and residential adjacency screening requirements with Section 3.514, and the
amendment to Section 3.203 integrates data centers and BESS into the Schedule of Permitted
Uses with clear cross-references. The new Section 1-408 (Glare) and the City Code Section
10-75 amendment complete a comprehensive regulatory package that addresses all major
operational impacts of data center development within the existing structure of the MZO and
City Code.
RECOMMENDATIONS
Based on the information contained in the application and analysis of the facts of record,
Planning Staff concludes that approval of the zoning text amendment request is warranted, as
it satisfies all applicable approval standards in Section 5-308.M of the Mesquite Zoning
Ordinance.

ATTACHMENTS
1. Exhibit A – Proposed Ordinance Text (MZO §3.514, Data Center Development
Standards).
2. Exhibit B – Proposed Ordinance Text (MZO Companion Amendments: §§1.408,
1A.201, 3.203, 3.300, 3.405, 3.515, and 6.102).
3. Exhibit C – Proposed Ordinance Text (City Code Companion Amendment: Chapter 10,
Article III, §10-75, Maximum Permissible Sound Levels) [Informational Only — P&Z
Commission; City Council Action Only].

Planning and Zoning Division
Prepared by Adam B. Bailey, AICP

Page 6 of 6

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

MESQUITE CITY CODE
***
APPENDIX C – MESQUITE ZONING ORDINANCE (“MZO”)
***

PART 3. – NONRESIDENTIAL DISTRICTS
***
3.500 - SUPPLEMENTARY USE REGULATIONS

***
3.514

Data Center Development Standards.
All data center development standards are consolidated in this section. See also: Section
3.405 — Table of parking standards — Nonresidential uses; Section 3.515 — Battery Energy
Storage Systems; and Section 6.102 — Definitions.
A. Purpose and Intent. The purpose of this section is to establish a regulatory framework for
data center development that supports economic investment and job creation while
minimizing impacts on adjacent properties, public infrastructure, and community character.
Data centers are permitted only in appropriate industrial areas of the City and are subject to
case-by-case review through Conditional Use Permit approval by City Council to address
noise, lighting, utilities, traffic, generators, water and wastewater, and related impacts on
public health, safety, and welfare.
B. Definitions. The following terms, in addition to those set forth in Section 6.102 of this Zoning
Ordinance, shall apply to this section:
1. Data Center. See Section 6.102.
2. Accessory Data Center. A subordinate data processing facility located on the same
platted lot or tract as a principal use (such as a hospital, office building, manufacturing
operation, or corporate campus) that is designed solely to support the internal data
storage, processing, and information technology functions of that principal use, and that
does not exceed twenty-five (25) percent of the gross floor area of the principal use.
3. Battery Energy Storage System (BESS). See Section 6.102. Battery Energy Storage
Systems at data centers are governed by Section 3.514.M.5. For standalone or other
accessory BESS installations not associated with a data center, see Section 3.515.
4. Cryptocurrency Mining. See Section 6.102.
5. Generator Yard. See Section 6.102.
6. Ground-Mounted Equipment. Equipment located outside of and not on the roof of a
principal building, including but not limited to generators, fuel tanks, cooling equipment,

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EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
heat exchangers, battery energy storage systems, universal power supply units,
transformers, and substations.
C. Applicability. These standards apply to all new data centers and to expansions of existing
data centers that increase gross floor area or ground-mounted equipment area by more than
ten (10) percent.
1. Cryptocurrency mining is prohibited as a principal or accessory use on any parcel
containing a data center and may not be combined with a data center use. See Section
3.203 and Section 6.102.
2. Where any provision of this section conflicts with other requirements of this Zoning
Ordinance, the more restrictive standard shall apply unless this section expressly
provides otherwise.
3. Accessory data centers, as defined in Section 3.514.B.2, are subject to the development
standards of this section and are permitted in any district that allows the principal use,
except as follows:
a. Accessory data centers that do not exceed twenty-five (25) percent of the gross floor
area of the principal use and that are fully contained within the principal use's building
are exempt from the setback requirements of Section 3.514.H and the CUP approval
requirement of Section 3.514.D, but shall comply with all applicable noise, screening,
and utility standards of this section.
b. All ground-mounted equipment associated with an accessory data center shall
comply fully with this section.
D. Permitted Zoning Districts and Conditional Use Approval Process. Data centers shall be
permitted as a principal use only upon approval of a Conditional Use Permit (CUP) by City
Council in accordance with Section 5.303 of this Zoning Ordinance, and only in the following
zoning districts:
1. I (Industrial) District; and
2. Planned Development (PD) districts where the base zoning district is Industrial, or where
a data center use is specifically identified as a permitted use in the PD ordinance.
3. Prohibited Zoning Districts. Data centers are prohibited in all Residential, Office,
Commercial, Agricultural, and Mixed-Use districts.
4. CUP Approval Not Required. A CUP is not required for a data center on a property zoned
Planned Development where the approved PD ordinance specifically approves a data
center by right.
E. Conditional Use Permit Application Requirements. In addition to the standard CUP
application requirements of Section 5.303, all data center CUP applications shall include the
following:
1. Site Information.
a. Conceptual site plan depicting building locations and orientation; ground-mounted
equipment locations; setbacks from all property lines; vehicle parking layout; truck,
trailer, and loading areas; driveways and on-site circulation routes; screening walls

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EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
and fencing; landscape and buffer areas; retaining walls; and locations of light poles
and fixtures.
b. Conceptual landscape plan prepared by a licensed landscape architect.
c.

Conceptual building elevations for all facades, including material specifications,
architectural articulation, and screening of rooftop equipment.

2. Technical Studies. The following studies shall be submitted prior to CUP application
submittal, unless otherwise stated below:
a. Noise study, in accordance with Section 3.514.L.
b. Photometric plan demonstrating compliance with Section 3.514.K.
c.

Utility demand analysis identifying anticipated electrical, water, and wastewater
demands, and written confirmation of adequate capacity from all applicable utility
providers.

d. Water and wastewater impact plan describing the cooling system type, estimated
annual water consumption, and proposed wastewater discharge details.
e. Traffic Impact Analysis (TIA) when required by the Director of Planning and
Development Services (“Director”) or City Engineer, prepared in accordance with the
City's Requirements for Preparing a Traffic Impact Analysis, as amended.
3. Operations Information.
a. Generator plan identifying the number, type, fuel type, capacity, proposed enclosure
type and sound attenuation rating, and location of all on-site generators.
b. Cooling system description identifying the cooling system type (e.g., air-cooled,
closed-loop water, liquid cooling) and estimated annual water consumption.
c.

Traffic and construction management plan.

d. Emergency operations plan describing procedures for equipment failure, fire
suppression system activation, hazardous material releases, and coordination
protocols with City fire and emergency services.
4. Long-Term Compliance.
a. Decommissioning plan, in accordance with Section 3.514.S.
b. Such additional studies or information as required by the Director of Planning and
Development Services, City Engineer, Fire Marshal, or City Council.
F. Conditional Use Permit Review Criteria. In addition to the general CUP review criteria of
Section 5.310.N, the Planning and Zoning Commission and City Council shall consider the
following factors when reviewing a data center application:
1. Site Compatibility. The compatibility of the proposed data center with surrounding land
uses, including proximity to residential districts and uses, adequacy of screening and
buffering, and consistency with the Mesquite Comprehensive Plan.

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Page 3 of 13

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
2. Infrastructure Capacity. The adequacy of electrical, water, wastewater, and
telecommunications infrastructure to support the proposed facility without adverse
impacts to City systems or surrounding properties.
3. Operational Performance. The applicant's demonstrated ability to comply with the noise,
lighting, water, traffic, and other operational standards of this section.
4. Long-Term Operations. The adequacy of proposed emergency operations, security,
maintenance, and decommissioning plans to protect public health, safety, and welfare
over the full life of the facility.
G. Third-Party Technical Review. The Director may authorize the review of any CUP application,
technical study, proposed finding, or proposed condition of approval by a qualified third-party
consultant if the Director reasonably determines that independent expert review is necessary
to evaluate technical aspects of the application that exceed the routine technical expertise of
City staff, or to verify the accuracy and methodology of technical studies submitted by the
applicant. Such technical matters include, without limitation: noise modeling and acoustical
analysis; photometric studies and lighting design; utility demand and grid interconnection
analysis; water and wastewater engineering; structural and electrical engineering review;
environmental assessments; and any other technical matter for which the Director
determines that specialized expertise is required. All actual and reasonable costs of thirdparty technical review authorized under this section shall be borne by the applicant and shall
be listed in accordance with the City's Comprehensive Fee Schedule (Appendix D).
H. Site Development Standards.
1. Minimum Lot Area. The minimum lot area for a data center shall be five (5) acres.
2. Setbacks — Adjacent to Residential Districts or Residential Uses.
a. Principal buildings shall be located a minimum of three hundred (300) feet from the
nearest property line of any residential district boundary.
b. Ground-mounted equipment, including generators, cooling equipment, battery
energy storage systems, transformers, substations, fuel tanks, and similar
equipment, shall be located a minimum of five hundred (500) feet from the nearest
property line of any residential district boundary.
c.

Ground-mounted equipment shall not be located between the principal building and
any public street.

3. Setbacks — Adjacent to Nonresidential Property.
a. Principal buildings shall be located a minimum of one hundred (100) feet from any
nonresidential property line.
b. Pavement shall be set back a minimum of fifty (50) feet from any street right-of-way
line. The area between the right-of-way and the pavement setback line constitutes
the required landscape buffer described in Section 3.514.J.1 and shall be fully
landscaped. No pavement other than driveways and pedestrian walkways is
permitted within this buffer.
4. Building Height.

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EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
a. Maximum building height: seventy-five (75) feet, measured to the top of the roof
deck.
b. Parapets, rooftop screening walls, and rooftop mechanical equipment shall not count
toward maximum building height.
c.
I.

Accessory structures located between the principal structure and any property line
shall not exceed thirty (30) feet in height.

Building Design Standards.
1. Facades. Any building facade visible from a public right-of-way should strive to
incorporate architectural differentiation that breaks the apparent mass of the facade at
intervals of no greater than one hundred (100) horizontal linear feet by including at least
one change in building form and at least one design element as follows:
a. Change in building form: a minimum five-foot change in building height for buildings
less than thirty (30) feet tall, or a minimum ten-foot change for buildings thirty (30)
feet or taller; or a building step-back or recess with a minimum depth of two and onehalf (2.5) feet.
b. Design element: a change in exterior building materials; a change in pattern, texture,
or color; or architectural features such as articulated columns, pilasters, or
projections with a minimum relief of twelve (12) inches from the wall plane.
2. Main Entrance Feature. The principal use entrance should strive to be clearly
differentiated from the remainder of the building facade by a change in material, pattern,
texture, color, or accent material, and shall either project from or recess into the adjoining
building plane.
3. Exterior Materials. All building facades fronting, or more than twenty (20) percent visible
from, an existing or future public right-of-way should strive to be clad in one hundred
(100) percent masonry, which for purposes of this section means brick, natural stone,
architectural cast stone, precast concrete panels, concrete tilt wall, or three-stage stucco.
Metal cladding is also permitted on any facade. All exterior building materials and
screening walls shall have a non-reflective finish.
4. Service and Loading. Truck loading docks, service entrances, generator yards, and utility
equipment areas shall be oriented away from residential properties and, to the maximum
extent practicable, away from public street frontages.
5. Flexibility. Where application of the building design standards of this section is not
feasible due to functional requirements of a specific data center use, the Director of
Planning and Development Services may authorize minor modifications as a condition
of CUP approval, provided the overall design intent is achieved.

J.

Screening and Buffering.
1. Landscape Buffer. A minimum fifty-foot-wide landscape buffer shall be provided adjacent
to all public rights-of-way and all residentially zoned districts. The buffer shall be fully
landscaped and shall incorporate berming, decorative masonry walls, evergreen
screening, or a combination thereof appropriate to the site context. All required
landscaping shall be located between the property line and any perimeter fence or
screening wall, so that the landscape buffer is exterior to and visually precedes all fencing
when viewed from adjacent properties or rights-of-way. No fence or screening wall shall

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EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
be placed between the property line and any required landscape planting. Minimum
planting shall comply with Section 1A-301, Screening and Buffering Requirements. The
landscape buffer shall be shown on the site plan and landscape plan submitted with the
CUP application.
2. Ground-Mounted Equipment Screening. All ground-mounted equipment shall be fully
screened from public view on all sides by masonry walls, architectural screening,
landscaping, berming, or a combination thereof. The following standards apply:
a. Masonry screening walls shall be a minimum of one (1) foot taller than the height of
the tallest piece of equipment being screened and may exceed screening or fence
height with the approval of the Director of Planning and Development Services.
b. Masonry walls shall be constructed of brick, natural stone, precast concrete panel,
or architectural concrete masonry units (CMU) and shall have a decorative finish on
all faces abutting public rights-of-way or adjacent properties.
c.

Perforations for ventilation are permitted in screening walls, provided that all
equipment remains fully visually screened from public view.

3. Rooftop Equipment Screening. All rooftop mechanical equipment shall be fully screened
on all sides from public view by an opaque parapet or screening wall. The screening shall
be a minimum of one (1) foot taller than the tallest piece of rooftop equipment, or five (5)
feet, whichever is greater. Perforations for ventilation are permitted provided all
equipment remains fully screened from public view.
4. Fencing.
a. Materials. Perimeter security fencing shall consist of masonry, wrought iron, or black
PVC-coated chain link. Non-PVC-coated chain link, uncoated wire, barbed wire, and
wooden fences are prohibited. Masonry walls shall be constructed of brick, natural
stone, precast concrete panel, or architectural CMU with a decorative finish on all
faces visible from public rights-of-way or adjacent properties.
b. Street Frontages. Along street frontages, fencing shall consist of masonry or wrought
iron only. Fencing adjacent to a public right-of-way shall have required landscaping
placed between the fence and the right-of-way line; fencing shall not be placed in
front of required landscaping.
c.

Residential Adjacency. Opaque fencing is required along any property line adjacent
to a residential district.

d. Height. Perimeter security fencing shall be a minimum of six (6) feet and a maximum
of eight (8) feet in height, measured from finished grade. Greater fencing heights
may be approved by City Council as a condition of CUP approval.
e. Location. The location and extent of all fencing and perimeter walls shall be shown
on the site plan submitted with the CUP application.
K. Lighting.
1. Full Cutoff Required. All exterior light fixtures shall be full-cutoff type luminaires with a
cutoff angle not exceeding ninety (90) degrees, designed to minimize glare, light
spillover, and sky glow.

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EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
2. Maximum Spillover at Property Lines. No exterior light fixture shall cause illumination
levels to exceed 0.0 footcandles at any property line, as measured at grade. No light
source, lamp, or beam shall cross any property line by a calibrated photometer with all
on-site artificial light sources operating. The photometric plan required by Section
3.514.K.7 shall demonstrate compliance with this requirement at all property lines.
3. Fixture Height. Freestanding light fixtures shall not exceed thirty (30) feet in height,
measured from finished grade at the base of the support to the top of the fixture.
4. Building-Mounted Fixtures. Building-mounted light fixtures shall be attached to walls. The
top of any wall-mounted fixture shall not exceed eighteen (18) feet above finished grade,
except fixtures located directly above a building entry or exit.
5. Color Temperature. The maximum allowable correlated color temperature (CCT) for all
outdoor luminaires is 3,000 Kelvin.
6. Security Lighting. Exterior security lighting devices shall be weather- and vandalresistant, shall use a managed light source, and shall be directed downward to minimize
glare and light trespass onto adjacent properties.
7. Photometric Plan. A photometric plan prepared by a qualified lighting professional,
demonstrating compliance with this section, shall be submitted with the CUP application
and prior to issuance of a building permit.
L. Noise Standards.
1. Maximum Sound Levels. Noise from all activities associated with a data center, including
cooling equipment, fans, air handling units, and generators, shall not exceed the
following levels when measured at the property line of the data center or at the exterior
wall of the nearest occupied residential structure, whichever produces the higher
reading:
a. Daytime (7:00 a.m. to 10:00 p.m.): sixty-five (65) dBA.
b. Nighttime (10:00 p.m. to 7:00 a.m.): sixty (60) dBA.
c.

Where a data center is adjacent to a residentially zoned district, nighttime sound
levels shall not exceed fifty-five (55) dBA measured at the shared property line.

2. Exemptions. The maximum sound levels in Section 3.514.L.1 do not apply to:
a. Demolition or construction activities authorized under a valid building permit;
b. Emergency situations arising from sudden, reasonably unforeseen events beyond
the control of the operator that require the use of emergency generators; or
c.

Routine generator testing conducted in compliance with Section 3.514.M.3.

3. Noise Study. As part of any initial CUP application, the applicant shall submit a sound
modeling study prepared by a licensed professional engineer specializing in acoustics or
an engineer Board Certified by the Institute of Noise Control Engineers. The study shall:
a. Be site-specific to the proposed topography, site layout, building type, scale, height,
and construction;

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EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
b. Establish baseline noise conditions at measurement locations determined by the
Director of Planning and Development Services;
c.

Model predicted post-development noise levels from all cooling, ventilation, and
other noise-generating equipment operating simultaneously at full operational load;

d. Address both the proposed phase and the ultimate buildout at full occupancy if the
development will be completed in phases;
e. Report all noise levels using both A-weighted decibel measurements (dBA) and Cweighted decibel measurements (dBC) for all measurement locations and equipment
sources;
f.

Include full octave band (1/1 octave) spectral analysis for all predicted and measured
noise sources, using a Class 1 integrating sound level meter (per IEC 61672) with
1/1 octave band filters (per IEC 61260);

g. Include one-third octave band (1/3 octave) spectral analysis for all predicted and
measured noise sources, using equipment meeting the requirements of IEC 61260;
and
h. Include a tonality assessment evaluating whether any noise source produces
perceptible pure tones, conducted in accordance with ISO 1996-2 (most current
edition) or an equivalent method approved by the Director of Planning and
Development Services; and include recommendations for noise mitigation measures
as necessary for compliance with maximum sound levels, with required mitigation
measures incorporated into the site plan and building plans prior to issuance of
building permits.
4. Noise Study – Post-Construction. Within sixty (60) days of issuance of a Certificate of
Occupancy for each phase of development, and at any time requested by the Director of
Planning and Development Services, the operator shall submit a post-construction sound
study conducted during peak cooling operations. If the study demonstrates that sound
levels exceed the maximums established in this section, the operator shall immediately
undertake all measures necessary to achieve compliance.
5. Low Frequency Noise. Low frequency noise shall not exceed the following octave-band
sound pressure levels, evaluated in accordance with ANSI S12.9 Part 4, Annex D (most
current edition), measured at the property line nearest the noise source or at the exterior
wall of the nearest occupied residential structure, whichever produces the higher
reading:
a. 16 Hz: 55 dB
b. 31.5 Hz: 55 dB
c.

63 Hz: 55 dB

d. All low frequency noise measurements shall be performed by or under the direct
supervision of a licensed professional engineer specializing in acoustics, or an
engineer Board Certified by the Institute of Noise Control Engineers, using a Class
1 integrating sound level meter (per IEC 61672) with 1/1 octave band filters (per IEC
61260).

DRAFT dated 06.10.2025

Page 8 of 13

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
6. City Noise Ordinance. Noise from data center operations shall additionally comply with
all applicable provisions of the Mesquite City Code noise regulations, as amended. In
the event of a conflict, the more restrictive standard shall apply.
M. Generators and Emergency Power.
1. Emissions. All diesel generators shall meet or exceed EPA Tier 4 Final emission
standards and shall comply with all applicable requirements of the Texas Commission
on Environmental Quality (TCEQ).
2. Enclosures. Generators shall be enclosed in a Level 3 or equivalent sound-attenuating
enclosure designed to limit sound output to a maximum of seventy (70) dBA measured
twenty-five (25) feet from the generator. Generator enclosures shall be screened in
accordance with Section 3.514.J.2.
3. Routine Testing. Routine generator exercise and maintenance testing shall comply with
the following:
a. Days: Monday through Friday (excluding federal holidays);
b. Hours: 9:00 a.m. to 4:00 p.m.;
c.

Maximum duration: four (4) hours per test event; and

d. Frequency: no more than one (1) full-load test per generator per calendar quarter,
plus routine no-load or light-load monthly exercises not to exceed thirty (30) minutes
per generator per month.
4. Emergency Operation. Generator operation during emergency maintenance or actual
utility outages may occur outside the scheduled testing hours of Section 3.514.M.3. The
operator shall notify the Director of Planning and Development Services within seventytwo (72) hours of any such emergency operation, stating the reason, duration, and
corrective action taken or planned.
5. Battery Energy Storage Systems (BESS). Battery Energy Storage Systems are permitted
as an accessory use in conjunction with a data center. BESS installations shall comply
with all applicable fire codes, building codes, and the requirements of Section 3.515 of
this Zoning Ordinance, and shall be screened in accordance with Section 3.514.J.2.
6. Fuel Storage. On-site fuel storage tanks and associated equipment shall be located
within the generator yard, shall comply with the setback requirements of Section
3.514.H.2.b, and shall be screened in accordance with Section 3.514.J.2. All fuel storage
shall comply with applicable fire codes, environmental regulations, and TCEQ
requirements.
N. Water and Wastewater.
1. Cooling Systems. Only closed-loop or recycled water cooling systems are permitted for
data center cooling operations. The use of potable water from the City's municipal water
system for open evaporative or once-through cooling that discharges to waste is
prohibited.
2. Water Demand Disclosure. The applicant shall disclose anticipated monthly and annual
water consumption in the utility demand analysis required by Section 3.514.E.2.c at the

DRAFT dated 06.10.2025

Page 9 of 13

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
time of CUP application and shall provide written confirmation of available capacity from
the City's water utility provider prior to approval of the final site plan.
3. Wastewater Discharge. All wastewater discharges from data center operations shall
comply with the applicable provisions of the Mesquite City Code, including Chapter 16
(Water and Liquid Waste), and all applicable state and federal environmental regulations.
Information about proposed wastewater discharges shall be included in the water and
wastewater impact plan required by Section 3.514.E.2.d.
4. Utility Coordination. As part of the CUP application, the applicant shall provide written
documentation
confirming
that
adequate
electrical,
water,
wastewater,
telecommunications, and other utility capacity exists or will be provided to serve the
proposed facility, including coordination with all applicable utility providers.
O. Traffic and Access.
1. Traffic Impact Analysis. A Traffic Impact Analysis (TIA) shall be submitted when required
by the Director of Planning and Development Services or City Engineer, prepared in
accordance with the City's Requirements for Preparing a Traffic Impact Analysis, as
amended. The TIA shall identify potential traffic problems and provide effective
mitigation.
2. Access. All driveways and access points shall comply with Section 15-150 (Access
Management and Driveway Standards) of the City Code.
3. Truck Circulation. On-site truck circulation routes, truck and trailer staging areas, and
loading and unloading areas shall be shown on the site plan. Truck and trailer areas shall
be screened from view from public rights-of-way and adjacent residential properties in
accordance with Section 3.514.J.
4. Construction Traffic. A construction traffic management plan shall address haul routes,
hours of heavy vehicle operations, and measures to minimize impacts on surrounding
roadways and residential areas during construction.
P. Landscaping.
1. General. All landscaping shall comply with Article 1A of this Zoning Ordinance. A
professionally designed landscape plan shall be submitted with each CUP application.
Enhanced landscaping, berming, evergreen screening, decorative walls, or similar
buffering may be required as a condition of CUP approval. All required landscape
plantings shall be installed in accordance with the minimum size requirements of Section
1A.500, Plant Schedules.
2. Street Frontage Landscaping. Front yard landscape areas located between the public
right-of-way and the pavement setback line shall be landscaped as follows:
a. Along all public streets: one (1) large canopy tree with a minimum caliper of three (3)
inches for every sixty (60) linear feet of street frontage, and one (1) ornamental tree
with a minimum if height (8) feet in height for every fifty (50) linear feet of street
frontage.
b. Trees may be clustered in small groups, with groups spaced a minimum of fifty (50)
feet apart. Landscape design shall have a naturalistic, varied appearance rather than
a purely linear arrangement.

DRAFT dated 06.10.2025

Page 10 of 13

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
c.

Plantings shall be located outside of utility easements and overhead powerlines.

3. Side and Rear Yard Landscaping. A minimum twenty-five-foot-wide landscape strip shall
be provided along all side and rear property lines and shall include a minimum of one (1)
large canopy tree for every one hundred (100) linear feet.
4. Residential Adjacency Screening. Where a data center site is adjacent to a residentially
zoned district, a minimum of three (3) staggered rows of approved evergreen screening
trees shall be planted within the fifty-foot landscape buffer required by Section 3.514.J.1,
in addition to the tree requirements of Section 3.514.P.3 and Section 1A.301.
5. Plant Species. Native and regionally adapted, drought-tolerant plant species are strongly
preferred. A diversity of species is required; no single species shall exceed thirty (30)
percent of total tree or shrub plantings on a site. Thorned or security-buffer plant species
may be used within perimeter screening areas but shall not be installed adjacent to
pedestrian circulation routes or public access areas. All plant materials shall comply with
the applicable standards, approved species lists, and installation requirements set forth
in Section 1A.500, Plant Schedules.
6. Ground Cover. All landscaped areas on nonresidential sites shall be covered with a mix
of maintained turf grass, native ground cover, or an approved xeriscape alternative —
including mulch, crushed rock, or decomposed granite — within and beneath tree areas.
Bare soil shall not be an acceptable ground cover treatment in any required landscape
area.
7. Irrigation. All required landscaping shall be served by a professionally designed
automatic irrigation system. Rainwater or stormwater collection systems are encouraged
and may be required as a condition of CUP approval to reduce potable water
consumption for irrigation, provided such systems comply with all applicable building,
plumbing, and environmental regulations and are isolated from the potable water supply.
8. Parking area landscaping.
a. Interior landscaping/ trees required: When a parking area contains twenty (20) or
more parking spaces, the interior of the area shall be landscaped by providing a
minimum of one (1) tree for every fifteen (15) parking spaces or fraction thereof. The
required trees shall be spread throughout the parking area. Parking areas shall be
limited to a maximum of ten (10) contiguous parking spaces without a landscaped
island separating the areas. A minimum of one (1) landscaped island shall be
provided for every ten (10) parking spaces. Each tree shall be placed in a landscape
area no smaller than nine (9) feet by eighteen (18) feet, which is protected from
vehicles through the use of concrete curbs, wheel stops, or other permanent barriers
no less than six (6) inches in height. Required landscaped islands shall be a
minimum of ten (10) feet in width and shall contain at least one (1) large canopy tree.
b. Visibility: Landscaping materials, curbs, barriers or any combination thereof shall be
situated so as not to create a visibility obstruction to moving vehicles or pedestrians
within the parking lot. A landscape island located at an intersection of maneuvering
aisles may not contain landscape material exceeding thirty (30) inches in height,
except that trees trimmed so that no branch or growth is less than seven (7) feet in
height above the curb level of the island may be permitted.
c.

Nonpublic parking areas: Requirements for internal landscaping and trees shall not
apply to nonpublic parking areas which are not visible from the street and are not
open to public use.

DRAFT dated 06.10.2025

Page 11 of 13

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

d. Perimeter building frontage buffer: A minimum ten-foot-wide landscape buffer shall
be provided between any parking area and the face of a building fronting a public
street. This buffer shall be designed to accommodate required landscaping and
pedestrian walkways.
Q. Off-Street Parking. Off-street parking shall be provided as referenced in Section 3.405 - Table
of parking standards—Nonresidential uses. The Director of Planning and Development
Services may modify parking requirements based on operational needs analysis submitted
by the applicant with the CUP application.
R. Security. A security plan shall be submitted with the CUP application describing proposed
security measures, including perimeter fencing, access control systems, on-site security
personnel arrangements, surveillance camera coverage, and exterior security lighting.
S. Decommissioning.
1. Decommissioning Plan Required. A decommissioning plan shall be submitted with each
CUP application describing how the site will be cleared, restored, and remediated upon
permanent cessation of data center operations, including a proposed timeline and
description of financial assurance measures. The plan should be reasonable,
enforceable, and consistent with the scale and duration of the proposed operation.
2. Cessation of Operations. Upon cessation of data center operations for a continuous
period of thirty-six (36) months, the owner or operator shall:
a. Remove all buildings, structures, equipment, foundations, and related improvements
from the site within twelve (12) months of the date on which the cessation period
expired, unless:
1. the property is redeveloped for another permitted use approved by the City; or
2. the City approves a reasonable extension for good cause shown; or
b. Restore the site to a condition compatible with surrounding land uses and in
compliance with all applicable regulations, including removal of hazardous materials
and restoration of utilities to a safe condition
3. Financial Assurance. City Council may, as a condition of CUP approval, require the
applicant to provide a performance bond, irrevocable letter of credit, or other financial
assurance mechanism acceptable to the City Attorney to guarantee completion of
decommissioning obligations.
4. City Approval. Any updated decommissioning plan and financial assurance shall be
subject to review and approval by City Council as a condition of CUP approval.
5. Commencement of Decommissioning. Decommissioning of the data center shall begin
within one hundred eighty (180) calendar days after the date the 36-month cessation
period expires, unless the City approves an extension for good cause shown, including
but not limited to redevelopment negotiations, permitting delays, or market conditions.
This commencement requirement is separate from and does not shorten the 12-month
removal deadline in Section 2(a).

DRAFT dated 06.10.2025

Page 12 of 13

EXHIBIT A TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
6. Voluntary Decommissioning. The owner may at any time proceed with an approved
decommissioning plan and remove the data center improvements in accordance with the
approved plan.
T. Nonconforming Data Centers. A data center lawfully established prior to the effective date of
the ordinance adding this section shall be classified as a legal nonconforming use and shall
be subject to the provisions of Part 1, Section 1.300 et seq. (Nonconforming Situations) of
this Zoning Ordinance. Any expansion, enlargement, or material change in the operations of
a nonconforming data center shall require compliance with all standards of this section.
(Ord. No. ____, § ___, ___-___-2026)
Cross reference—Definitions, Section 6.102; Development Standards, Section 3.306; Off-Street
Parking, Sections 3.400 and 3.405; Schedule of Permitted Uses, Section 3.203; Conditional Use Permit,
Section 5.303; CUP Review Criteria, Section 5.310.N; Certificate of Occupancy, Section 5.106; Site Plan,
Section 5.107; Nonconforming Situations, Section 1.300 et seq.; Landscaping Standards, Article 1A;
Access Management, Section 15-150 of the City Code; Battery Energy Storage Systems, Section 3.515;
Noise Ordinance, City Code Chapter 10, Article III, Section 10-75.

DRAFT dated 06.10.2025

Page 13 of 13

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

MESQUITE CITY CODE
***
APPENDIX C – MESQUITE ZONING ORDINANCE (“MZO”)
***

PART 1. – GENERAL PROVISIONS
***
1.400 – PERFORMANCE STANDARDS

***
1.408

Glare.

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination
across the bounding property line from a visible source of illumination of such intensity as to create a
nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up
of a light source and reflector so selected that acting together the light beam is controlled and not directed
across any bounding property line above the height of three (3) feet. The allowable maximum intensity
measured at the property line of a residential use in a residential district shall be 0.25 foot candles.
A. General Standard. No use shall be operated so as to produce glare that is perceptible beyond
the property line of the lot on which the use is located. All exterior light sources, including
building-mounted fixtures, freestanding luminaires, security lighting, and canopy lighting,
shall be designed, positioned, and maintained to prevent direct glare, light spillover, or sky
glow onto adjacent properties, public rights-of-way, or the night sky.
B. Full Cutoff Required. All exterior light fixtures shall be full-cutoff type luminaires with a cutoff
angle not exceeding ninety (90) degrees. No light source or lamp shall be visible above the
horizontal plane of the fixture.
C. Maximum Spillover at Property Lines. No exterior light fixture shall cause contributed artificial
illumination levels to exceed 0.0 footcandles at any property line, as measured at grade by a
calibrated photometer with all on-site artificial light sources operating. No artificial light
source, lamp, or beam shall cross any property line.
D. Color Temperature. The maximum allowable correlated color temperature (CCT) for all
outdoor luminaires is 3,000 Kelvin, except that:
1. Temporary construction lighting authorized under a valid building permit is exempt from
this requirement; and
2. The Director of Planning and Development Services may approve a higher color
temperature as a condition of site plan or Conditional Use Permit approval upon a finding
that the higher temperature is operationally necessary and adequately mitigated.
E. Fixture Height.

DRAFT dated 06.10.2025

Page 1 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
1. Freestanding exterior light fixtures shall not exceed thirty (30) feet in height, measured
from finished grade at the base of the support to the top of the fixture.
2. Building-mounted light fixtures shall be attached to walls. The top of any wall-mounted
fixture shall not exceed eighteen (18) feet above finished grade, except fixtures located
directly above a building entry or exit.
F. Non-Reflective Exterior Finishes. All exterior building materials, screening walls, and
accessory structures shall be finished in a non-reflective material to minimize glare from
reflected sunlight or artificial light sources.
G. Photometric Plan. For any nonresidential use or development requiring site plan approval,
the applicant shall submit a photometric plan prepared by a qualified lighting professional
demonstrating compliance with this section. The photometric plan shall be submitted prior to
issuance of a building permit and shall be approved by the Director of Planning and
Development Services.
H. Security Lighting. Exterior security lighting devices shall be weather- and vandal-resistant,
shall use a managed light source, and shall be directed downward to minimize glare and light
trespass onto adjacent properties.
I.

Conflict with Use-Specific Standards. Where any use-specific provision of this Zoning
Ordinance establishes more restrictive glare or lighting standards applicable to a specific use
or district, those more restrictive standards shall apply in addition to and shall supersede this
section to the extent of any conflict.

J.

Exemptions. The following are exempt from the requirements of this section:
1. Temporary lighting authorized under a valid building permit for construction activities.
2. Lighting operated by a governmental entity within a public right-of-way for street
illumination or traffic control; and
3. Decorative holiday lighting on residential properties, provided such lighting does not
create a hazard or nuisance to adjacent uses.

(Ord. No. ____, § ___, --2026)

***

PART 1A. – LANDSCAPING, BUFFERING AND SCREENING
AND TREE PRESERVATION
***
1A.200 – LANDSCAPE REQUIREMENTS

***
1A.201 General Landscape Requirements.
A. Applicability: Landscaping shall hereafter be provided and maintained on all building sites
where development, construction, expansion, reconstruction or redevelopment occurs in
accordance with the following requirements.

DRAFT dated 06.10.2025

Page 2 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

B. Landscape plan required:
1. Submission: A landscape plan shall be submitted with the site plan showing the location,
name, and quantity of landscaping materials and other landscape features proposed, as
well as showing the location of buildings, parking areas, drives, fences, walls, alleys and
adjacent streets. The landscape plan shall be drawn to scale and shall be legible. In
addition to the above, where required by applicable regulations, the plan shall show
buffering, screening, tree preservation, and/or tree replacement related to the
landscaping.
2. Review and approval: Landscape plans shall be reviewed by the City's Arborist and shall
be subject to Site Plan approval.
3. Compliance with Form-Based Codes: In form-based code districts, the landscaping,
screening, buffering, tree preservation, and xeriscape plant standards and schedules of
the form-based district shall apply.
C. Landscape installation:
1. Permitted materials: Landscape materials shall consist of permanent turf, ground cover,
seasonal color, shrubs and trees. Trees proposed and utilized to satisfy landscaping
requirements shall be approved landscape trees as indicated by an asterisk (*) in 1A.500
Tree Schedule. Shrubs proposed and utilized to satisfy landscaping requirements shall
be approved landscape shrubs as listed in Section 1A.500, Table 1A.500-2, Shrub
Schedule. Turfgrass proposed and utilized to satisfy landscaping requirements shall be
approved turfgrass as listed in Section 1A.500, Table 1A.500-3, Turfgrass Schedule.
Vines and ground cover proposed and utilized to satisfy landscaping requirements shall
be approved vines and ground cover as listed in Section 1A.500, Table 1A.500-4, Vine
and Ground Cover Schedule. Ornamental grasses proposed and utilized to satisfy
landscaping requirements shall be approved ornamental grass as listed in Section
1A.500, Table 1A.500-5, Ornamental Grass Schedule. Equivalent alternative plant
materials may be approved by the City's Arborist. Artificial plants may not be used as
landscaping. All plant materials used to satisfy the landscaping requirements of Section
1A.200 shall comply with the applicable standards, approved species lists, and minimum
installation sizes set forth in Section 1A.500, Plant Schedules. Native and regionally
adapted, drought-tolerant plant species are strongly preferred for all nonresidential
development. No single tree or shrub species shall exceed thirty (30) percent of total tree
or shrub plantings on any nonresidential site. Thorned or security-buffer plant species
may be used within perimeter screening areas of nonresidential sites but shall not be
installed adjacent to pedestrian circulation routes or public access areas.
2. Minimum Installation Size: At the time of installation, all required landscape plantings
shall comply with the minimum size required in 1A.500 Tree Schedule.
3. Irrigation: Irrigation systems shall be configured to provide one hundred (100) percent
coverage on all landscape and turfgrass and to prevent over-spray of water onto streets
and sidewalks. All irrigation shall be installed according to laws and regulations of the
Texas Commission on Environmental Quality. The City of Mesquite Irrigation
Specifications adheres to the Texas Commission on Environmental Quality laws and
regulations and accepted industry practices. The installation of all irrigation shall adhere
to the manufacturer recommendations and specifications. For nonresidential
development requiring a Conditional Use Permit, all required landscaping shall be served
by a professionally designed automatic irrigation system. Rainwater or stormwater
collection systems are encouraged and may be required as a condition of Conditional

DRAFT dated 06.10.2025

Page 3 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
Use Permit approval to reduce potable water consumption for irrigation, provided such
systems comply with all applicable building, plumbing, and environmental regulations
and are isolated from the potable water supply.
4. Silva Cells: Where trees are to be planted in sidewalk wells or surrounded by other
impervious surfaces, the landscaping and pavement plans shall include the installation
of silva cells or equivalent systems to provide for adequate soil volume and root growth.
5. Traffic Visibility: Landscaping shall not be erected so as to obstruct traffic visibility at
alleys, streets, or intersections. Except as provided by code or in special districts, trees
and shrubs shall be located on private property, and not on a street right-of-way, unless
specifically approved by the Traffic Engineer. With the exception of street trees approved
by the Traffic Engineer, landscaping within eleven (11) feet of a curb line shall not exceed
thirty (30) inches in height. Trees may not be approved unless their branches are at least
seven (7) feet above the curb and they do not otherwise obstruct visibility.
6. Completion: All required landscaping must be in place prior to the issuance of a
Certificate of Occupancy; provided however, the Director may defer installation for a
period of no more than six (6) months after issuance of a Certificate of Occupancy based
on seasonal planting consideration and with written assurance from the developer stating
a specific date by which landscaping will be installed. Landscaping may also be deferred
during times when the City of Mesquite has established Level 3 or greater water
restrictions. The method and duration of deferral shall be at the sole discretion of the City
of Mesquite, based upon an evaluation of water availability and weather conditions
required to increase the likelihood of survival of the landscaping.
D. Maintenance: All landscaping shall be maintained in a neat and orderly manner at all times:
1) Mowing, edging, pruning, fertilizing, watering, and weeding shall occur on a regular basis
appropriate to the season; 2) Trash, litter, and weeds shall be removed regularly; 3) Plant
materials shall be kept in a healthy growing condition; and 4) Dead plant material shall be
replaced in a timely manner. Plants shall not exceed permitted heights or be permitted to
grow in restricted areas.
E. Overhead power lines: Trees selected for areas beneath overhead power lines shall be
selected from the list of Ornamental Trees listed as Table 1A.500-1, Tree Schedule and shall
be approved by the City's Arborist.
F. Ground Cover. All landscaped areas on nonresidential sites shall be covered with a mix of
maintained turf grass, native ground cover, or an approved xeriscape alternative — including
mulch, crushed rock, or decomposed granite — within and beneath tree areas. Bare soil shall
not be an acceptable ground cover treatment in any required landscape area.
(Ord. No. 3129, § 1, 12-16-96; Ord. No. 4341, § 1, 10-20-14; Ord. No. 4908, § 2(Exh. A), 10-18-21; Ord.
No. 5061, § 8(Exh. G), 9-5-23, Ord. No. ____, § ___, --2026)
Cross reference—Certificate of Occupancy, Mesquite Zoning Ordinance, Part 5, 5-100, Sec. 5-106.
1A.201 Requirements for nonresidential uses.
The following requirements shall apply to all uses in nonresidential districts and to permitted
nonresidential uses in residential districts.
A. General site requirements:

DRAFT dated 06.10.2025

Page 4 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
1. Minimum landscape area: Landscape areas equal to a minimum of ten (10) percent of
the site area shall be provided.
a. Calculation of the minimum landscape area may include internal landscaping in
parking areas and a required buffer tree line.
b. Portions of the site area planned for development as part of a later phase may be
excluded from the calculation of minimum landscape area for the portion of the site
area being developed as part of the current phase.
c.

Adjacent rights-of-way shall be landscaped with lawn or ground cover, but these
areas shall not be included in the calculation of required minimum landscape area.

2. Tree requirement: One (1) shade tree, or one (1) evergreen tree, or three (3) ornamental
trees shall be provided for each five hundred (500) square feet of required landscape
area. Trees provided for internal parking area landscaping and trees in a required buffer
tree line may be counted to fulfill this requirement, provided that at least fifty (50) percent
of the required trees are located between the main building and the front and/or exterior
side property lines.
3. Credit for tree preservation: Credit for preserving a protected size tree, as defined in
1A.500 Tree Schedule, shall be given by counting each protected tree saved as two (2)
trees for the purpose of fulfilling the calculated landscape tree requirement, or by
reducing the required landscape area by five hundred (500) square feet for each tree
preserved.
B. Street Frontage Landscaping. Front yard landscape areas located between the public rightof-way and the required pavement setback line shall be landscaped as follows:
1. Along all public streets: one (1) large canopy tree with a minimum caliper of three (3)
inches at the time of installation for every sixty (60) linear feet of street frontage, and one
(1) ornamental tree with a minimum height of eight (8) feet at the time of installation for
every fifty (50) linear feet of street frontage.
2. Trees may be clustered in small groups, with groups spaced a minimum of fifty (50) feet
apart. Landscape design shall have a naturalistic, varied appearance rather than a purely
linear arrangement.
3. Plantings shall be located outside of utility easements and overhead powerlines.
4. The area between the public right-of-way and the pavement setback line shall be fully
landscaped. No pavement other than driveways and pedestrian walkways is permitted
within this buffer area.
C. Side and Rear Yard Landscaping. A minimum twenty-five-foot-wide landscape strip shall be
provided along all side and rear property lines of nonresidential development and shall
include a minimum of one (1) large canopy tree for every one hundred (100) linear feet of
side or rear property line.
D. Residential Adjacency Screening. Where a nonresidential site is adjacent to a residentially
zoned district, the following standards apply in addition to any use-specific screening
requirements of this Zoning Ordinance:
1. A minimum fifty-foot-wide landscape buffer shall be provided along all property lines
adjacent to a residential district boundary. The buffer shall incorporate berming,

DRAFT dated 06.10.2025

Page 5 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
decorative masonry walls, evergreen screening, or a combination thereof appropriate to
the site context. No pavement other than required emergency access drives is permitted
within this buffer.
2. A minimum of two (2) staggered rows of approved evergreen screening trees shall be
planted within the required landscape buffer. Uses subject to Section 3.514, Data
Centers shall provide a minimum of three (3) staggered rows in accordance with that
section.
3. Minimum planting within the residential adjacency buffer shall comply with Section
1A.301, Screening and Buffering Requirements.
B.E. Parking area landscaping:
1. Interior landscaping/ trees required: When a parking area contains twenty (20) or more
parking spaces, the interior of the area shall be landscaped by providing a minimum of
one (1) tree for every fifteen (15) parking spaces or fraction thereof. The required trees
shall be spread throughout the parking area. Parking areas shall be limited to a maximum
of ten (10) contiguous parking spaces without a landscaped island separating the areas.
Each tree shall be placed in a landscape area no smaller than nine (9) feet by eighteen
(18) feet, which is protected from vehicles through the use of concrete curbs, wheel
stops, or other permanent barriers no less than six (6) inches in height. A minimum of
one (1) landscaped island shall be provided for every ten (10) parking spaces, and each
required island shall be a minimum of ten (10) feet in width and shall contain at least one
(1) large canopy tree.
2. Visibility: Landscaping materials, curbs, barriers or any combination thereof shall be
situated so as not to create a visibility obstruction to moving vehicles or pedestrians
within the parking lot. A landscape island located at an intersection of maneuvering aisles
may not contain landscape material exceeding thirty (30) inches in height, except that
trees trimmed so that no branch or growth is less than seven (7) feet in height above the
curb level of the island may be permitted.
3. Nonpublic parking areas: Requirements for internal landscaping and trees shall not apply
to nonpublic parking areas of industrial and commercial uses which are not visible from
the street and are not open to public use.
(Ord. No. 3129, § 1, 12-16-96; Ord. No. 4341, § 1, 10-20-14, Ord. No. ____, § ___, --2026)
1A.203 Requirements for residential uses.
Single family residences and agricultural uses are not subject to landscape requirements. All
other residential uses shall provide landscaping in accordance with the requirements as set out below.
A. Duplexes: Duplexes shall provide permanent turf grass and/or ground cover established in
all yards; a minimum of one (1) shade tree, or one (1) evergreen tree, or three (3) small
ornamental trees in the front yard of each dwelling unit; and one (1) gallon shrubs, planted
no more than three (3) feet on center, along the front of the structure.
B. Multifamily residential: Landscaping for multifamily uses shall be in accordance with the
requirements set out above for nonresidential uses; provided however, that the minimum
landscape area shall be all open space areas required by the multifamily development
standards in 2-501.
(Ord. No. 3129, § 1, 12-16-96; Ord. No. 4341, § 1, 10-20-14)

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Page 6 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

PART 3. – NONRESIDENTIAL DISTRICTS
***
3.200 – NONRESIDENTIAL DISTRICTS: USE REGULATIONS

***
3-203

Nonresidential Districts: Schedule of permitted uses—Contents to SIC codes.

***
3-203 Nonresidential Districts: Schedule of Permitted Uses
P = Permitted (3-201A)
C = Conditional use (3-201B)
S = Special exception (3-201C)
NEC = Not elsewhere classified

* REFER TO 4-800 - TERRA OVERLAY DISTRICT:
AN ASTERISK (*) INDICATES THAT THE USE
REQUIRES APPROVAL OF A CONDITIONAL USE
PERMIT IF LOCATED IN THE TERRA OVERLAY

ZONING DISTRICTS
SIC
CODE

USE
DESCRIPTION

49

ELECTRIC,
GAS,
SANITARY
SEWER (except)

O

GR

LC

THN

CV

MU

CB

SS

C

I

PKNG
STND

P

P

28

SPECIAL
CONDITIONS

***

***
c. Utility Facilities
(including
Electrical
Substation and
Battery Energy
Storage
System/BESS)

P

P

P

C

P

P

P

P

P

28

Battery Energy Storage
Systems (BESS) are
included within Utility
Facilities. Small-scale
BESS is permitted as an
accessory use where the
principal use is permitted.
Large-scale BESS is
permitted in the I district
only by CUP.

C

29

Require minimum 5-acre
tract.

***

7374

Computer
Processing and
Data Preparation
and Processing
Services
(including Data
Centers)

***

***

DRAFT dated 06.10.2025

Page 7 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

3.300 – DEVELOPMENT STANDARDS

***
3.306

Data Center Development Standards.

All development standards applicable to data centers, including minimum lot area, setbacks,
building design, screening, landscaping, lighting, noise, parking, water and wastewater, generators,
decommissioning, and all other use-specific requirements, are set forth in Section 3.514. That section
shall govern exclusively for data center development, and the standards therein shall supersede any
conflicting general development standard in this Part 3 unless Section 3.514 expressly incorporates such
standard by reference.

***
3.400 - OFF-STREET PARKING AND LOADING REGULATIONS

***
3.405

Table of parking standards—Nonresidential uses.

Parking Standard
Group

Type of Use

***

***

29

Data Center

***

Parking Spaces
Required

***
One (1) space per 500 square feet of office, meeting, training, and
security areas; one (1) space per employee assigned to data
center operations; and five (5) delivery vehicle spaces. The
Director of Planning and Development Services may modify
parking requirements based on demonstrated operational needs.

***

***

***
3.500 - SUPPLEMENTARY USE REGULATIONS

***
3.515

Battery Energy Storage Systems.

Battery Energy Storage Systems (BESS) as defined in Section 6.102 shall comply with the
following standards. BESS installed as an accessory use at a data center are additionally subject to
Section 3.514.M.5.
A. Purpose and Intent. The purpose of this section is to establish standards for the siting, design,
and operation of Battery Energy Storage Systems that protect public health, safety, and
welfare by addressing fire risk, thermal runaway hazards, noise, visual impacts, and longterm site management, while recognizing the role of energy storage in supporting grid
reliability, renewable energy integration, and data center operations.

DRAFT dated 06.10.2025

Page 8 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
B. Definitions. The following definitions apply to this section. Additional definitions are in Section
6.102:
1. Battery Energy Storage System (BESS). See Section 6.102.
2. BESS — Small Scale. A BESS installation with a total aggregate energy capacity of less
than six hundred (600) kilowatt-hours (kWh) on a single parcel.
3. BESS — Large Scale. A BESS installation with a total aggregate energy capacity of six
hundred (600) kWh or greater on a single parcel, or any BESS installation that is the
principal use of the site.
4. BESS — Portable. A self-contained battery energy storage unit that is:
a. mounted on wheels or a skid and not affixed to a permanent foundation; and
b. deployed on a site for a temporary period not to exceed ninety (90) calendar days,
subject to the extension provisions of Section 3.515.E.3. A Portable BESS unit that
is affixed to a permanent foundation at any time, that remains on-site beyond the
authorized temporary period without an approved extension, or that is used as a
permanent rather than temporary power supply shall be reclassified as a Small-Scale
or Large-Scale BESS installation, as applicable based on aggregate energy
capacity, and shall be subject to all requirements of this section.
5. Battery Management System (BMS). An electronic system that monitors and manages
the charging, discharging, temperature, and state of charge of a battery energy storage
system to ensure safe and efficient operation.
6. Thermal Runaway. An uncontrolled self-heating condition in a battery cell that can lead
to fire, explosion, or the release of toxic gases, caused by internal or external factors
including physical damage, overcharging, or elevated temperature.
7. Authority Having Jurisdiction (AHJ). The organization, office, or individual responsible for
enforcing applicable fire and building codes, or its designated representative.
C. Applicability.
These standards apply to all new BESS installations and to expansions of existing
installations that increase aggregate energy capacity by more than twenty-five (25) percent.
1. Small-Scale BESS that are fully enclosed within a principal building and that do not
exceed the thresholds in NFPA 855 for indoor installations are exempt from the setback,
screening, and fencing requirements of this section but shall comply with all applicable
fire codes, building codes, and Section 3.515.G (Fire and Life Safety).
2. BESS installed as an accessory use at a data center shall comply with Section 3.514.M.5
and the fire and life safety requirements of this section. The setback and screening
standards of Section 3.514 shall govern for such installations.
3. Portable BESS units are exempt from the setback, screening, fencing, photometric,
decommissioning, noise assessment, and Conditional Use Permit requirements of this
section, provided all conditions of Section 3.515.E.3 are satisfied. Portable BESS units
that are reclassified under Section 3.515.B.4 shall immediately become subject to all
requirements of this section applicable to the installation's aggregate energy capacity

DRAFT dated 06.10.2025

Page 9 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
4. Nothing in this section shall be construed to supersede or limit the application of the
International Fire Code, NFPA 855, or any other fire or building code adopted by the City
of Mesquite.
5. Where any provision of this section conflicts with other requirements of this Zoning
Ordinance, the more restrictive standard shall apply unless this section expressly
provides otherwise.
D. Permitted Zoning Districts.
1. Small-Scale BESS (below 600 kWh). Permitted as an accessory use by right in any
zoning district that allows the principal use it supports, subject to the applicable standards
of this section. Small-Scale BESS that are the principal use of a site require a Conditional
Use Permit in the I (Industrial) District.
2. Large-Scale BESS (600 kWh and above). Permitted as a principal or accessory use only
by Conditional Use Permit in the I (Industrial) District and in qualifying Planned
Development districts, subject to all standards of this section. Large-Scale BESS is
prohibited in all Residential, Office, Commercial, Agricultural, and Mixed-Use districts.
3. Planned Development Districts. BESS may be permitted in Planned Development
districts where the base zoning is Industrial or where BESS is specifically authorized in
the approved PD ordinance.
4. Portable BESS. Portable BESS units are permitted on a temporary basis in any zoning
district in which the principal use being supported is a permitted use, subject to the
following restrictions:
a. Prohibited Districts. Portable BESS units are prohibited in all Residential zoning
districts, regardless of the principal use being supported.
b. Large-Scale Threshold. Multiple Portable BESS units deployed on the same parcel
at the same time shall be aggregated for purposes of determining whether the LargeScale BESS threshold of six hundred (600) kWh is met. A Portable BESS
deployment whose aggregate capacity equals or exceeds six hundred (600) kWh
shall be subject to the district restrictions and Conditional Use Permit requirements
applicable to Large-Scale BESS under subsection D.2, notwithstanding the portable
character of the individual units.
c.

Permit Required. A building permit and electrical permit shall be obtained in
accordance with Section 3.515.E.3 prior to deployment of a portable BESS.

E. Application Requirements. The type of application required depends on the scale and
permanence of the BESS installation, as set forth below.
1. Small-Scale BESS. A Small-Scale BESS installation shall require a building permit
and electrical permit issued by the Building Official prior to installation. The following
shall be submitted with the permit application:
a. Site plan depicting BESS unit locations, dimensions, setbacks, access, fencing,
screening, drainage, and utility connections.
b. Manufacturer's specifications for all BESS units, including energy capacity
(kWh), chemistry type, Battery Management System description, and UL listing
or equivalent certification.

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Page 10 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

c.

Documentation of compliance with NFPA 855 (most current edition adopted by
the City) and the International Fire Code, as required by the Fire Marshal.

d. Such additional information as may be required by the Building Official or Fire
Marshal.
2. Large-Scale BESS. A Large-Scale BESS installation shall require approval of a
Conditional Use Permit (CUP) by City Council in accordance with Section 5.303, in
addition to building and electrical permits issued by the Building Official. The
following shall be submitted with the CUP application, in addition to the standard
CUP application requirements of Section 5.303:
a. All materials listed in Sections 3.515.E.1.a through 3.515.E.1.d.
b. Fire and Life Safety Plan as required by Section 3.515.G.
c.

Noise assessment as required by Section 3.515.I.

d. Decommissioning plan as required by Section 3.515.M.
e. Utility coordination letter from the applicable grid operator or electric utility
confirming available interconnection capacity.
f.

Such additional information as may be required by the Director of Planning and
Development Services, Building Official, or Fire Marshal.

3. Portable BESS. A Portable BESS unit shall require a building permit and electrical
permit issued by the Building Official prior to deployment. No Conditional Use Permit
is required for a Portable BESS deployment whose aggregate capacity on the parcel
is less than six hundred (600) kWh.
a. Application requirements. The following shall be submitted with the permit
application:
1. Site plan depicting the proposed location of all Portable BESS units on the
parcel, dimensions, setbacks from all property lines and residential district
boundaries, on-site circulation, and utility connections.
2. Manufacturer's specifications for all units to be deployed, including energy
capacity (kWh), chemistry type, Battery Management System description,
and UL 9540 listing or equivalent certification approved by the Authority
Having Jurisdiction.
3. Documentation of compliance with the International Fire Code, NFPA 855,
and NFPA 70 as adopted and amended by the City of Mesquite, as required
by the Fire Marshal.
4. Anticipated deployment start and end dates, and the total aggregate energy
capacity of all Portable BESS units to be deployed on the parcel
simultaneously.
5. Emergency and maintenance contact information for the operator and the
equipment owner, if different.

DRAFT dated 06.10.2025

Page 11 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
6. Such additional information as may be required by the Building Official or
Fire Marshal.
b. Permit expiration. The building permit shall expire upon the earlier of:
1. the end of the authorized temporary period, including any approved
extension under Section 3.515.E.3.b; or
2. removal of all units from the site. Submission of the building permit
application shall constitute notice to the Fire Marshal for purposes of
emergency pre-incident planning, and no separate Fire Marshal notification
is required provided the permit is approved and the Fire Marshal has
received a copy of the approved permit and site plan no fewer than seventytwo (72) hours prior to deployment.
c.

Maximum Temporary Period. A Portable BESS unit may remain on a single site
for a continuous period not to exceed ninety (90) calendar days from the date of
initial deployment as authorized by the building permit.

d. Extension. One (1) extension of up to ninety (90) additional calendar days may
be granted upon written application to and approval by the Director of Planning
and Development Services. The application shall be submitted no fewer than ten
(10) business days prior to expiration of the initial ninety-day period and shall
include a written explanation of the operational necessity for the extension and
confirmation of continued compliance with all conditions of the original building
permit. The Director may impose additional conditions on any approved
extension. The building permit shall be amended to reflect the approved
extension period.
e. Reclassification Upon Noncompliance. A Portable BESS unit that exceeds the
authorized temporary period without an approved extension, that is affixed to a
permanent foundation at any time, or that is used as a permanent rather than
temporary power supply shall be immediately reclassified as a Small-Scale or
Large-Scale BESS installation as applicable, and shall be subject to all
permitting, development, and operational requirements of this section. The
operator shall have thirty (30) calendar days from the date of reclassification to
obtain all required approvals or remove the unit from the site.
F. Third-Party Technical Review. The Director may authorize review of any CUP
application, technical study, or proposed condition of approval by a qualified third-party
consultant where the Director determines that independent expert review is necessary
to evaluate technical aspects of the application. All actual and reasonable costs of thirdparty review shall be borne by the applicant in accordance with the City's Comprehensive
Fee Schedule (Appendix D).
G. Fire and Life Safety. All permanent BESS installations shall comply with the following fire
and life safety standards, in addition to all applicable provisions of the International Fire
Code and NFPA 855 (most current edition adopted by the City). Portable BESS units
shall comply with subsections G.1, G.2, G.3, G.4, G.7, and G.8 of this section;
subsections G.5.b, G.5.c, and G.6 apply to permanent installations only.
H. Code Compliance. All BESS installations shall comply with NFPA 855, the International
Fire Code as adopted and amended by the City of Mesquite, the National Electrical Code
(NFPA 70), and all applicable manufacturer installation requirements.

DRAFT dated 06.10.2025

Page 12 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
I.

Equipment Certification. All BESS units shall be listed and labeled by a nationally
recognized testing laboratory (e.g., UL 9540) and shall have undergone large-scale fire
testing in accordance with UL 9540A or an equivalent method approved by the Authority
Having Jurisdiction.

J.

Battery Management System. All BESS installations shall be equipped with a Battery
Management System (BMS) that continuously monitors cell temperature, voltage, state
of charge, and state of health, and that provides audible and visual alarms and automatic
shutdown capability upon detection of abnormal conditions.

K. Thermal Runaway Protection. All BESS installations shall incorporate thermal runaway
propagation prevention (TRPP) measures in accordance with NFPA 855 (most current
adopted edition), including thermal barriers, gas detection, venting provisions, and
separation distances between battery modules.
L. Fire Detection and Suppression.
1. All BESS enclosures shall be equipped with an automatic early warning fire detection
system, including smoke detection, thermal imaging detection, or radiant-energy
detection, in accordance with NFPA 72 and NFPA 855.
2. All Large-Scale BESS installations shall be equipped with an automatic fire
suppression system appropriate to the battery chemistry in use, installed in
accordance with NFPA 855 and approved by the Authority Having Jurisdiction.
3. All fire suppression systems shall be connected to a twenty-four-hour monitored
alarm system and shall provide automatic notification to the Mesquite Fire
Department.
M. Emergency Operations Plan. All permanent BESS installations shall have a written
Emergency Operations Plan that includes:
1. Safe shutdown procedures for emergency responders;
2. Thermal runaway response protocols;
3. Evacuation procedures for adjacent uses;
4. Identification of on-site and off-site water supply sources for fire suppression;
5. Emergency contact information for the facility operator; and
6. Annual coordination with the Mesquite Fire Department, including on-site
familiarization training for emergency responders.
N. Gas Detection and Ventilation. All BESS enclosures shall be equipped with gas detection
systems capable of detecting hydrogen, carbon monoxide, and other gases associated
with battery failure. Adequate ventilation shall be provided to prevent accumulation of
flammable gases above the lower explosive limit (LEL).
O. Electrical Safety. All BESS installations shall be equipped with emergency power-off
(EPO) systems accessible to emergency responders, and shall comply with all applicable
provisions of the National Electrical Code.
P. Setbacks.

DRAFT dated 06.10.2025

Page 13 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

1. Small-Scale BESS. Small-Scale BESS installations shall meet the principal structure
setback requirements for the district in which they are located.
2. Large-Scale BESS. Large-Scale BESS installations shall comply with the following
minimum setbacks, measured from the nearest component of the BESS installation
to the nearest property line or feature:
a. From any residential district boundary: five hundred (500) feet.
b. From any public school, licensed childcare facility, or public park: five hundred
(500) feet.
c.

From any public street right-of-way: one hundred (100) feet.

d. From all other property lines: fifty (50) feet.
e. Between individual BESS units or enclosures: as required by NFPA 855 and the
Authority Having Jurisdiction, but not less than ten (10) feet.
Q. Portable BESS. Portable BESS units shall not be located within five hundred (500) feet
of any residential district boundary, measured from the nearest component of the unit to
the nearest such property line. Where a Portable BESS deployment is reclassified as
Large-Scale under Section 3.515.D.4.b, the setback requirements of subsection H.2
shall apply.
R. Setback Modification. Greater setback distances may be required by City Council as a
condition of CUP approval based on site-specific fire risk, proximity to sensitive uses, or
other factors identified in the CUP review.
S. Noise Standards.
1. BESS installations shall not generate noise exceeding fifty-five (55) dBA measured
at the nearest property line of a nonparticipating residential property, or sixty (60)
dBA at any other property line.
2. A noise assessment prepared by a qualified acoustical professional shall be
submitted with any Large-Scale BESS CUP application, demonstrating compliance
with the limits of this section during normal operation. Cooling systems, inverters,
and other mechanical equipment shall be included in the assessment.
3. Noise mitigation measures, such as sound barriers or acoustically treated
enclosures, shall be incorporated into the installation design where necessary to
achieve compliance.
T. Screening and Fencing.
1. All permanent BESS enclosures and associated equipment shall be screened from
public view by masonry walls, solid fencing, landscaping, berming, or a combination
thereof. Screening shall be a minimum of one (1) foot taller than the equipment being
screened.
2. Perimeter security fencing of a minimum six (6) feet in height shall be provided
around all Large-Scale BESS installations. Fencing materials shall comply with

DRAFT dated 06.10.2025

Page 14 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
Section 3.514.J.4.a, except that chain-link fencing with privacy slats may be used in
interior yards not visible from a public right-of-way.
3. Solid masonry walls in accordance with district screening requirements are required
along any property line adjacent to a residential district.
4. Access gates shall be lockable and shall remain locked except during authorized
access by operations personnel or emergency responders. Emergency access shall
be provided as required by the Fire Marshal.
5. Portable BESS units are exempt from the screening and fencing requirements of this
section, provided all units remain fully within the interior of the site and are not visible
from a public right-of-way. Where a Portable BESS deployment is or becomes visible
from a public right-of-way, temporary screening shall be required as a condition of
the building permit.
U. Lighting. Lighting for BESS installations shall comply with Section 3.514.K and Section
1-408. Security lighting shall be directed downward and inward to minimize light trespass
onto adjacent properties.
V. Signage and Hazard Communication.
1. All permanent BESS enclosures and perimeter fencing shall display hazard
identification placards in accordance with NFPA 704 and NFPA 855, including
identification of battery chemistry, electrical hazard warnings, and emergency
contact information.
2. All Portable BESS units shall display hazard identification placards in accordance
with NFPA 704 and NFPA 855 on all exterior faces of the unit visible from the site
perimeter or from adjacent uses.
3. Signs shall be posted at all access points indicating the presence of high-voltage
equipment, battery hazards, and emergency shutdown locations.
4. Hazardous material inventory information shall be maintained on site and provided
to the Mesquite Fire Department in accordance with applicable fire code
requirements.
W. Decommissioning.
1. All Large-Scale and Small-Scale BESS applications shall include a decommissioning
plan describing removal of all equipment, recycling or disposal of battery materials
in compliance with applicable environmental regulations, and restoration of the site.
2. Battery modules, electrolytes, and other hazardous components shall be disposed
of in accordance with applicable federal, state, and local environmental regulations.
Documentation of proper disposal shall be maintained on file with the Department of
Planning and Development Services.
3. City Council may require a financial assurance mechanism as a condition of CUP
approval for Large-Scale BESS to guarantee completion of decommissioning
obligations.
4. Upon removal of a Portable BESS unit from a site, the operator shall confirm in
writing to the Building Official within ten (10) business days that all units have been
removed and that the site has been restored to its pre-deployment condition. Battery

DRAFT dated 06.10.2025

Page 15 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
modules, electrolytes, and other hazardous components removed from the site shall
be disposed of in accordance with all applicable federal, state, and local
environmental regulations.
X. Operations and Maintenance. All permanent BESS installations shall be maintained in
good working order at all times in accordance with manufacturer requirements and
applicable codes.
1. The operator shall conduct and document regular inspections of all BESS
components, fire detection and suppression systems, gas detection systems, and
electrical systems. Inspection records shall be maintained on site and available for
review by the Building Official or Fire Marshal upon request.
2. The Emergency Operations Plan required by Section 3.515.G.6 shall be reviewed
and updated annually and coordinated with the Mesquite Fire Department.
3. Any physical modification that increases the total energy capacity or power rating of
an existing permanent BESS installation shall require re-approval under this section.
Like-kind replacement of components that does not increase capacity shall not
require re-approval but shall be documented and available for inspection.
Y. Nonconforming BESS Installations. A BESS installation lawfully established prior to the
effective date of the ordinance adding this section shall be classified as a legal
nonconforming use and shall be subject to the provisions of Part 1, Section 1.300 et seq.
(Nonconforming Situations). Any expansion or material modification shall require full
compliance with this section.
(Ord. No. ____, § ___, --2026)
Cross reference—Definitions, Section 6.102; Data Center BESS Standards, Section 3.514.M.5; Off-Street
Parking, Section 3.405; Conditional Use Permit, Section 5.303; Nonconforming Situations, Section 1.300
et seq.; Glare and Lighting Standards, Section 1-408; Data Center Lighting Standards, Section 3.514.K;
Noise Ordinance, City Code Chapter 10, Article III, Section 10-75.
3.516

Accessory Backup Generators.

Permanent standby and emergency backup generators installed as an accessory use at any
nonresidential property shall comply with the following standards. Backup generators at data centers
are governed by Section 3.514.N and are not subject to this section, except where Section 3.514.N
expressly incorporates these standards by reference.
A. Purpose. These regulations govern the placement, installation, screening, and operation of
permanently installed Backup Power Generators (Commercial) on non-residential properties
within the City of Mesquite. These regulations apply to all commercial, industrial, institutional,
and mixed-use properties, including but not limited to retail establishments, restaurants,
medical facilities, warehouse and distribution facilities, data centers, and drone delivery
staging areas. These regulations are in addition to all applicable requirements of the currently
adopted International Building Code, International Fire Code, International Mechanical Code,
National Electrical Code, and any other adopted technical code.
B. Definitions. See Section 6-102 for the definition of Backup power generator (Commercial).
C. Permit Requirements.

DRAFT dated 06.10.2025

Page 16 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
1. A building permit shall be required for the installation of any backup power generator on
a non-residential property, regardless of the generator’s rated capacity.
2. The permit application shall include:
a. a site plan or plot plan showing the proposed location of the generator, fuel storage
tank (if any), transfer switch, exhaust outlet, and screening enclosure relative to all
property lines, buildings, rights-of-way, easements, and adjacent uses;
b.

manufacturer’s specifications, including rated sound level;

c.

fuel system specifications and applicable fire code compliance documentation;

d. electrical permit application; and
e. mechanical permit application, where applicable.
D. Location and Setback Standards.
1. General. A Backup power generator shall not be located: (a) in any required front setback
or within any required landscape buffer adjacent to a public right-of-way; (b) in any
required fire lane, access easement, or utility easement, unless written approval is
obtained from the easement holder; or (c) at any location that obstructs required
vehicular sight lines, fire access, or emergency egress.
2. Setback from Residential Uses. A Backup power generator shall be located a minimum
of fifty (50) feet from the property line of any residentially zoned property or any property
used for residential care, nursing home, or similar sensitive use, measured from the
outermost edge of the generator unit or its required operational clearance zone,
whichever is greater; or such greater distance as may be required to achieve compliance
with the noise standards of Subsection F.
3. Minimum Setback from Non-Residential Property Lines. A backup power generator shall
be set back a minimum of ten (10) feet from any non-residential property line, unless a
greater setback is required by the noise standards of Subsection F or by the applicable
building or fire code.
4. Manufacturer clearance distances shall constitute minimum clearances. City setback
requirements apply in addition to, not in lieu of, manufacturer clearances.
E. Screening and Enclosure.
1. All backup power generators shall be screened from public rights-of-way and from
any residentially zoned or used property by one or more of the following:
a. Any wall of sufficient height to screen the generator from view at the property
line or right-of-way line;
b. A manufacturer-supplied or custom-fabricated acoustic enclosure or housing
consistent in material and color with the principal building on the site; or
c.

DRAFT dated 06.10.2025

Evergreen landscaping of sufficient initial height and density to achieve visual
screening within two (2) years of installation, in combination with a decorative
fence or wall.

Page 17 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
2. Screening shall be designed to not impair required maintenance access, ventilation,
or combustion air supply to the generator.
3. Screening materials shall be compatible in design and color with the primary
structure on the site, as determined by the Director of Planning and Development
Services.
4. A backup power generator installed within an enclosed building or mechanical room
that fully conceals the unit from exterior view satisfies the screening requirement of
this subsection.
F. Noise Standards.
1. No backup power generator shall produce sound levels exceeding the following
limits, measured at the receiving property line:
a. Sixty-five (65) dB(A) at the property line of any residentially zoned or used
property
b. Seventy (70) dB(A) at the property line of any non-residential property
2. The applicant shall demonstrate compliance with noise standards by providing:
a. Manufacturer-published sound data at the distances relevant to the site’s
setback configuration
b. A third-party acoustical analysis prepared by a qualified acoustical engineer,
where manufacturer’s data is insufficient to confirm compliance at required
setback distances
3. Generator testing and maintenance operations shall be limited to the hours of 7:00
a.m. to 9:00 p.m., Monday through Saturday. Generator testing shall not exceed
thirty (30) minutes per test cycle, and no more than two (2) test cycles per calendar
month, except as required by law or by the rules of an applicable accreditation or
licensing body.
4. Operation of a backup power generator during an actual utility power outage is not
subject to the testing hour restrictions of Subsection F.3, but remains subject to the
noise level limits of Subsection F.1.
G. Fuel Storage.
1. All fuel storage associated with a backup power generator shall comply with the
currently adopted International Fire Code and applicable NFPA standards for the fuel
type.
2. Above-ground fuel storage tanks shall not be located in any required setback,
required landscape area, or between the primary building and the public right-of-way.
3. Underground fuel storage tanks require separate permitting in accordance with all
applicable state and local regulations.
H. Structural Standards.

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Page 18 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
1. All backup power generators shall be mounted on a concrete pad or engineered
foundation designed in accordance with the currently adopted IBC and the
manufacturer’s specifications.
2. Where a generator is located in an area subject to vehicular traffic or loading,
protective bollards or barriers shall be installed to prevent collision damage.
I.

Non-Conforming Generators. Any backup power generator lawfully installed prior to the
effective date of this Section that does not conform to these regulations shall be
considered a legally non-conforming installation. Such installations shall not be
expanded, relocated, or replaced with a generator of greater capacity without full
compliance with this Section. Normal maintenance and like-for-like replacement of a nonconforming generator shall not require compliance with these standards, provided the
replacement unit does not increase rated capacity by more than ten (10) percent or
increase noise output beyond the pre-existing level.

(Ord. No. ____, § ___, --2026)
Cross reference—Definitions, Section 6.102; Section 5.303; Nonconforming Situations; Noise Ordinance,
City Code Chapter 10, Article III, Section 10-75.

***

PART 6. – DEFINITIONS
***
6.100 – DEFINITIONS AND INTERPRETATION OF TERMS

***
6.102 - Definitions.

***
Backup Power Generator (Commercial). Any permanently installed engine-driven, gas-turbine, or
battery-inverter generating unit, together with its associated fuel storage, transfer switch, exhaust
system, and enclosure, installed on a non-residential property to supply electrical power during a
utility outage or as a supplemental power source for operational continuity. A generator is
“permanent” for purposes of this definition if it is affixed to a foundation, pad, or mounting structure
and is not readily moved by a single person without mechanical assistance. Portable generators
used temporarily during construction are excluded. See Section 3-516.

***
Battery Energy Storage System (BESS). A system comprised of one or more rechargeable battery
units that store electrical energy from the power grid or renewable energy sources for later use,
including to manage peak demand, provide backup power, stabilize the power grid, or support
facility operations. The term includes associated battery modules, battery management systems,
inverters, thermal management equipment, enclosures, and electrical interconnection equipment.

DRAFT dated 06.10.2025

Page 19 of 20

EXHIBIT B TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix B – Mesquite Zoning Ordinance (“MZO”); Companion Changes to 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
See Section 3.514 for BESS at data centers and Section 3.515 for standalone or other accessory
BESS installations.

***
Cryptocurrency Mining. The process of validating cryptocurrency transactions on a blockchain
network and creating new digital currency coins or tokens through the use of high-powered
computers to solve complex mathematical problems, including but not limited to Bitcoin mining and
other proof-of-work blockchain validation activities. Cryptocurrency mining is not a data center use
as defined in this ordinance and is prohibited in all zoning districts as a principal or accessory use.
See Sections 3.203 and 3.514.C.1.

***
Data Center. A building or group of buildings used primarily for the housing, operation, or support
of computer systems, servers, data storage equipment, telecommunications equipment, and
related infrastructure for the processing, storage, management, or distribution of digital data. The
term includes associated mechanical, electrical, cooling, backup power, and security equipment
that is integral to the operation of the facility. The term does not include cryptocurrency mining
facilities. See Section 3.514 for permitting, development standards, and operational requirements.

***
Generator Yard. An area, which may be enclosed by a screening wall, used to place and operate
electrical power generating equipment, fuel storage tanks and regulators, and associated
appurtenances in support of a principal use on the same parcel. Generator yards at data centers
are subject to the standards of Section 3.514.

***
(Ord. No. 3253, § 1, 9-21-98; Ord. No. 3309, § 1.C., 7-19-99; Ord. No. 3656, § 1, 6-7-04; Ord. No. 3837, §
1(3), 10-16-06; Ord. No. 3932, § 1(3), 2-18-08; Ord. No. 4054, § 1(3), 6-15-09; Ord. No. 4084, § 1(d), 4-510; Ord. No. 4098, § 1(6), 6-7-10; Ord. No. 4161, § 1, 7-5-11; Ord. No. 4210, § 1(4), 4-16-12; Ord. No.
4371(TA No. 2015-01), § 1(2), 7-20-15; Ord. No. 4372(TA No. 2015-02), § 1(4), 7-20-15; Ord. No. 4398, §
1(14), 11-2-15; Ord. No. 4528, § 1(6), 12-18-17; Ord. No. 4541, § 1(3), 2-19-18; Ord. No. 4562, § 1(5), 57-18; Ord. No. 4583, § 1(3), 7-16-18; Ord. No. 4585, § 1(2), 8-6-18; Ord. No. 4797, § 2(Exh. A), 8-3-20;
Ord. No. 4839, § 2(3), 1-4-21; Ord. No. 4868, § 2(Exh. A), 6-7-21; Ord. No. 4930, § 3(Exh. B), 1-3-22; Ord.
No. 4990, § 2(Exh. A), 10-3-22; Ord. No. 5061, § 2(Exh. A), 9-5-23; Ord. No. 5083, § 2(Exh. A), 11-20-23;
Ord. No. 5121, 2(Exh. A), 8-5-24; Ord. No. 5130, § 2(Exh. A), 8-19-24; Ord. No. 5152, § 2(Exh. A), 1-2125; Ord. No. 5153, § 2(Exh. D), 1-21-25; (Ord. No. ____, § ___, --2026))

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DRAFT dated 06.10.2025

Page 20 of 20

EXHIBIT C TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

MESQUITE CITY CODE
***
CHAPTER 10 – OFFENSES AND MISCELLANEOUS PROVISIONS
***
ARTICLE III. – NOISE
***
Sec. 10-75. - Maximum permissible sound levels.

***
(e) Use-Specific Maximum Sound Levels — Data Centers and Battery Energy Storage Systems.
(1) Applicability. Notwithstanding Table 02 of subsection (a), the maximum permissible
sound levels in this subsection (e) apply to all data center facilities regulated under
Section 3.514 of the Mesquite Zoning Ordinance and to all Battery Energy Storage
System (BESS) installations regulated under Section 3.515 of the Mesquite Zoning
Ordinance. For such facilities, the sound levels in this subsection supersede Table 02 for
the noise zone in which the data center or BESS is located. All other provisions of this
Article — including definitions, measurement methodology, affirmative defenses,
abatement study requirements, and variance procedures — apply to data centers and
BESS.
(2) Data Centers — Maximum Permissible Sound Levels. Noise from all activities associated
with a data center, including cooling equipment, fans, air handling units, and generators,
shall not exceed the following levels, measured at the property line of the data center or
at the exterior wall of the nearest occupied residential structure, whichever produces the
higher reading:
Measurement
Location
At any nonresidential
property line
At a residential property
line or residential district
boundary

Daytime 7:00 a.m. – 10:00 p.m

Nighttime 10:01 p.m. – 6:59 a.m.

65 dB(A)

60 dB(A)

65 dB(A)

55 dB(A)

(3) Battery Energy Storage Systems — Maximum Permissible Sound Levels. Noise from all
BESS operational equipment, including cooling systems, inverters, and fans, shall not
exceed the following levels, measured at the property line or at the exterior wall of the
nearest occupied residential structure, whichever produces the higher reading:

DRAFT dated 06.10.2025

Page 1 of 3

EXHIBIT C TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026
Measurement
Location

Daytime 7:00 a.m. – 10:00 p.m

At any nonresidential
property line
At a residential property
line or residential district
boundary

Nighttime 10:01 p.m. – 6:59 a.m.

60 dB(A)

55 dB(A)

55 dB(A)

50 dB(A)

(4) Low Frequency Noise. In addition to the A-weighted limits in this subsection, low
frequency noise from data center and BESS operations shall not exceed the following
octave-band sound pressure levels, evaluated in accordance with ANSI S12.9 Part 4,
Annex D (most current edition), at the property line nearest the noise source or the
exterior wall of the nearest occupied residential structure, whichever produces the higher
reading:
Octave Band Center Frequency

Maximum (dB re 20 µPa)

16 Hz

55 dB

31.5 Hz

55 dB

63 Hz

55 dB

Low frequency noise measurements shall be performed using a Class 1 integrating
sound level meter (per IEC 61672) with 1/1 octave band filters (per IEC 61260) and 1/3
octave band filters (per IEC 61260), by or under the direct supervision of a licensed
professional engineer specializing in acoustics or an engineer Board Certified by the
Institute of Noise Control Engineers.
(5) Measurement Methodology. All noise measurements conducted for purposes of
demonstrating compliance with or enforcing the sound levels in this subsection (e) shall
comply with the following requirements:
a. All measurements shall report both A-weighted decibel levels (dBA) and C-weighted
decibel levels (dBC).
b. All measurements shall include full octave band (1/1 octave) spectral analysis using
a Class 1 integrating sound level meter (per IEC 61672) with 1/1 octave band filters
(per IEC 61260).
c.

All measurements shall include one-third octave band (1/3 octave) spectral analysis
using equipment meeting the requirements of IEC 61260.

d. All measurements shall include a tonality assessment evaluating whether any noise
source produces perceptible pure tones, conducted in accordance with ISO 1996-2
(most current edition) or an equivalent method.
e. All measurements shall be performed by or under the direct supervision of a licensed
professional engineer specializing in acoustics or an engineer Board Certified by the
Institute of Noise Control Engineers.
f.

These measurement requirements apply to pre-construction noise studies, postconstruction compliance studies, and any enforcement measurements taken by or
on behalf of the City.

DRAFT dated 06.10.2025

Page 2 of 3

EXHIBIT C TO ORDINANCE NO. ________; ZTA NO. 2026 – 01.
Appendix A – Mesquite Zoning Ordinance (“MZO”); NEW 3-514 – Data Center Development Standards.
Planning & Zoning Meeting Date: June 22, 2026 | City Council Meeting Date: July 6, 2026

(6) Background Level Exception. The background sound level exception in subsection (b)
applies to measurements taken under this subsection (e).
(7) Exemptions. The maximum permissible sound levels of this subsection do not apply to:
a. Demolition or construction activities authorized under a valid building permit;
b. Emergency situations arising from sudden, reasonably unforeseen events beyond
the control of the facility operator requiring emergency generator use; or
c.

Routine generator testing conducted in compliance with the testing schedule
established as a condition of CUP approval under Section 3.514.M.3 of the Mesquite
Zoning Ordinance.

(7) Enforcement. Violation of the sound levels in this subsection constitutes a noise
disturbance under Section 10-71(a)(3). A data center or BESS facility that exceeds these
limits shall be subject to the noise abatement study requirements of Section 10-77. A
data center or BESS operator seeking relief from these limits may apply for a noise
variance to the Board of Adjustment in accordance with Section 10-78(b). Approval of a
noise variance does not modify any Conditional Use Permit condition established under
the Mesquite Zoning Ordinance.
(8) Coordination with Mesquite Zoning Ordinance. The use-specific sound levels in this
subsection are consistent with and implement the noise standards of Sections 3.514.L
and 3.515.H of the Mesquite Zoning Ordinance. In the event of any conflict between this
subsection and those MZO sections, the more restrictive standard applies.
(Ord. No. 4850, § 4(Exh. C), 3-15-21; Ord. No. ____, § ___, ___-___-2026)
Cross reference—Offenses, Section 10-71; Designated Noise Zones, Section 10-74; Method of sound
measurement utilizing sound level meter, Section 10-76; Temporary Noise Permit, Chapter 8, Article XVII,
Division 2—Temporary Noise Permit; Noise Variance, Chapter 8, Article XVII, Division 3—Noise Variance;
Data Centers, Mesquite Zoning Ordinance, Part 3, Section 3.514; Battery Energy Storage Systems,
Mesquite Zoning Ordinance, Part 3, Section 3.515.

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DRAFT dated 06.10.2025

Page 3 of 3