{"MatterTextId":52522,"MatterTextGuid":"56B7FF2F-6045-4702-8627-191FAC800EEF","MatterTextLastModifiedUtc":"2026-08-31T19:14:08.593","MatterTextRowVersion":"AAAAAAINSFU=","MatterTextMatterId":65905,"MatterTextVersion":"1","MatterTextPlain":"ORDINANCE NO. _______________, SERIES 2026\n..title\nAN ORDINANCE AMENDING THE LOUISVILLE METRO LAND DEVELOPMENT CODE REGARDING DATA CENTERS (CASE NO. 25-LDC-0014).\n..body \nSPONSORED BY:  COUNCIL MEMBER ANDREW OWEN\n\n\t\t\t WHEREAS, the Legislative Council of the Louisville/Jefferson Metro Government (“Council”) adopted Resolution No. 82, Series 2025 directing Office of Planning staff to review the Land Development Code (“LDC”) and develop recommendations relating to data centers; and\n\t\t\tWHEREAS, Office of Planning staff conducted that review and developed those recommendations, which were published and made subject to a 30 day public comment period for additional feedback; and \n\t\t\tWHEREAS, after the public comment period, the recommendation was revised to provide additional restrictions and safeguards addressing concerns raised by the public; and\nWHEREAS, the Planning Commission held public hearings on those amendments on July 27, 2026, August 5, 2026, August 6, 2026 and August 10, 2026 and further considered those amendments in business session on August 20, 2026; and \nWHEREAS, the Planning Commission considered the record and testimony relative to those amendments and recommended the approval of such amendments, to Council; and \nWHEREAS, Council approves and accepts the recommendation of the Planning Commission as set forth in the minutes of the Planning Commission in Case No. 25-LDC-0014. \nNOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (“COUNCIL”) AS FOLLOWS: \n \n \tSECTION I: Chapter 1 of the LDC, Section 1.2.2 – Definitions is hereby amended to add the following definitions: \n. . . . \nData Center – All or portion of a facility used primarily for data services, including the storage, processing, management, and distribution of data through the use of computer systems, servers, networking equipment, and related components.\n\nData Center, Accessory – A Data Center that serves a Principal Use on the same lot, while subordinate in purpose to other on-site activities of the Principal Use. Although an Accessory Data Center’s primary purpose is to provide data infrastructure supporting the operation of an on-site Principal Use, it may support the enterprise functions of the business, institution, or organization associated with the on-site Principal Use. This may include data services associated with off-site users directly affiliated with the on-site Principal Use,\n\nData Center, Telecommunication – A Data Center that exclusively serves a Telecommunications Facility and/or a telecommunications service provider or providers. A telecommunications service provider is a company that is regulated by the Federal Communications Commission (FCC) and offers voice, data, and internet communications services to the public, businesses, and other organizations. These companies include wireless providers, telecommunications carriers, broadcasters, satellite providers, and internet service providers.\n\nData Center, White Space – The usable area within a Data Center specifically allocated for housing IT equipment, such as servers, storage arrays, and networking hardware.\n. . . . \n\nSECTION II: Chapter 2 of the LDC, Part 4 – Commercial Zoning Districts, is hereby amended as follows:\n\nChapter 2 Part 4 Commercial Zoning Districts\n. . . . \n\n2.4.5 C-3 Commercial District\n. . . . \n\nA. Permitted Uses:\n. . . . \n\tTelecommunications hotels\n. . . . \n\nSECTION III: Chapter 2 of the LDC, Part 5 – Industrial Zoning Districts, is \nhereby amended as follows:\n\nChapter 2 Part 5 Industrial Zoning Districts\n. . . . \n\n2.5.1 M-1 Industrial District\n. . . . \n\nA. Permitted Uses:\n. . . . \n\tTelecommunications hotels\n. . . . \n\nSECTION IV: Chapter 4 of the LDC, Part 2 – Conditional Uses, is hereby amended to add the following conditional uses:\nChapter 4 Part 2 Conditional Uses\n. . . . \n\n4.2.1 Intent and Applicability\n. . . . \n\nThe following uses are subject to the Conditional Use Permit process:\n\nSection\n\tConditional Use\n\t\n\t. . . . \n\t\n\t\n\t4.2.68\n\tData Centers (50,000 Square Feet or Less of Floor Area)\n\t\n\t4.2.69\n\tData Centers (50,001 to 500,000 Square Feet of Floor Area)\n\t\n\t. . . . \n\n4.2.52 Underground Space\nUse of underground space may be permitted upon the granting of a Conditional Use Permit and may be located beneath any surface zoning district provided that the permit shall apply only to the subsurface and shall not affect the zoning district or districts designated for the surface above the underground space and provided that vehicular access points entering and exiting the underground space shall be classified in one of the following districts: M-1, M-2, M-3, PEC, PRO, C-M, C-2, or EZ-1.\nThe following uses of underground space may be permitted upon the granting of a Conditional Use Permit:\n. . . . \nComputer data center\n. . . . \n\n4.2.68 Data Centers (50,000 Square Feet or Less of Floor Area)\nAny Data Center that does not meet the provisions of Section 4.3.35 may be allowed in the C-M, EZ-1, M-1, M-2, M-3, PEC, and PRO districts upon the granting of a conditional use permit and compliance with the listed requirements. Notwithstanding Section 11.5A.1, in cases where the development also requires a zoning or form district map amendment, the Conditional Use Permit shall be heard and decided by the Planning Commission.\nEach special standard provided in Section 4.3.35 shall be met unless relief is granted by the Board.\nAs part of the application, the applicant shall provide written justification for each special standard in Section 4.3.35 that cannot be met, demonstrating the reasons why relief should be granted and how such relief would not cause an adverse impact on any adjacent property.\nThe Data Center shall be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District. This provision shall not be waived. \nIf an application requests relief to the requirement for a transmission study request in Section 4.3.35, a utility consumption model and plan may be provided. A consumption model for the purpose of this section is a mathematical or computational representation used to predict, analyze, and optimize energy usage in the system. The consumption plan shall include a strategy to manage energy usage and document when infrastructure and capacity related to the service(s) is anticipated to be available. \nAny Conditional Use Permit is subject to the applicant also receiving all necessary permits from local, state and federal regulatory agencies.\n\n4.2.69 Data Centers (50,001 to 500,000 Square Feet of Floor Area)\nData Centers having greater than 50,000 square feet of floor area may be allowed in the M-1 district upon the granting of a conditional use permit and compliance with the listed requirements. Notwithstanding Section 11.5A.1, in cases in which the development also requires a zoning or form map amendment, the Conditional Use Permit shall be heard and decided by the Planning Commission. Any increase in the square footage of White Space at a lawfully nonconforming Data Center that was established prior to the effective date of the requirements in this section shall require a Conditional Use Permit for the development site and new development associated with the expansion shall be in compliance with this section.\nMaximum Floor Area. The Data Center White Space and any other floor area that exclusively supports the Data Center shall not exceed 500,000 square feet in total floor area on the development site. If otherwise permitted, additional floor area may be allowed for other non-Data Center uses on the development site (e.g., office). The provision shall not be waived.\nForm Districts. The Data Center shall be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District. This provision shall not be waived.\nSetbacks. In addition to any setback required by Chapter 5 of this Land Development Code, there shall be a minimum setback of 200 feet abutting any residentially zoned property.\nSeparations.\nAny structure containing a Data Center, generator, and/or utility substation shall be at least 1,320 feet (1/4 mile) from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\nA Data Center shall not be located within 1,320 feet (1/4 mile) of the boundary of any parcel occupied by another Data Center (excluding Accessory Data Centers).\nA Data Center shall not be located within 1,320 feet (1/4 mile) of the boundary of any parcel occupied by a use approved as a Potentially Hazardous or Nuisance Use as described in Section 4.2.42 of this Land Development Code.\nGenerators.\nAny generator that is used as part of an energy backup system for the Data Center shall a) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel), or battery (such as Energy Storage Systems or ESS) or b) be classified as, or similar to, a Tier IV diesel generator per the EPA’s emissions standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators.\nAny generator located outside of a building shall not be tested more than once per week, with testing only occurring between the hours of 8 AM to 5 PM, Monday through Friday. The Board may approve an alternative generator type or testing times upon receipt of documentation that neighboring properties would not be adversely impacted.\nGenerators are only permitted for emergency use. An emergency for the purpose of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected breakdown of facilities for the generation, transmission or distribution of electric power.\nOutdoor Lighting. Lighting shall comply with the standards of Section 4.1.3 of this Land Development Code.\nNoise.\nNoise from operations, including principal and accessory structures and uses:\nShall not exceed 65 dBA or an increase of 5dBA from the baseline ambient level before construction as documented in the noise plan submitted pursuant to this section, whichever is less; and \nShall not exceed 60 dBC6 between 10:00 pm and 7:00 AM and 65dBC at any other times at any external perimeter property line.\nIn addition to the decibel limits, operations shall not generate vibration, oscillation, or infrasound that causes perceptible resonance within any buildings or adverse impacts on the human body, including but not limited to dizziness, headaches, nausea, sleep disturbance, or other recognized health effects. Compliance shall be determined based on standards issued by American National Standards Institute (ANSI) and International Organization for Standardization (ISO) for human exposure to whole-body and low-frequency vibration (e.g., ISO 2631 and ANSI S2.71) and shall be measured and compliance determined at any external perimeter property line.\nThe locations of the noise measuring equipment for the pre-construction noise analysis shall be shown on the submitted site plan. The points of measurement shall be at all external perimeter property lines at locations most susceptible to noise from applicable proposed equipment.\nThe maximum sound levels identified herein do not apply to emergency alerts; emergency work to provide electricity, water, or other public utilities when public health or safety is involved; snow removal; or road repair. Maximum sound levels do apply to testing or routine operation of emergency equipment for backup or primary power generation and to other situations that do not involve public health or safety.\nA Noice Assessment, Monitoring, and Mitigation plan shall accompany any application and shall include:\nAssessment of baseline ambient levels of noise before construction, measured in all directions at the external perimeter property lines on which the Data Center is proposed to be located and any related activity is proposed to be conducted.\nAssessment of all noise projected to be associated with the proposed Data Center (including all structures, facilities, and energy systems) before and after incorporation of noise minimization and abatement measures to control and minimize all exterior noise (including high, mid- and low-frequency) generated by the Data Center, including but not limited to exhaust vents, cooling equipment, chiller fans, and on-site power generation.\nAn Acoustical Study prepared by a qualified noise consultant showing:\nExpected daytime and nighttime sound levels, including generator noise and other equipment noise, indoors and outdoors at multiple distances and at the external perimeter property lines;\nInclude both A-weighted (dBA) and C-weighted (dBC) measurements, with full frequency spectra to identify low-frequency and tonal components;\nProvide sound level projections and modeling for multiple distances from the facility; with measurements taken both outdoors and indoors of nearby dwellings;\nConduct testing during nighttime and early morning hours, when cooler air and atmospheric conditions may increase sound propagation; and\nRecommend specific mitigation measures (e.g., barriers, enclosures, mufflers, alternative cooling technologies) to ensure compliance with the noise standards of this Ordinance.\nA vibration study shall also be submitted if any mechanical equipment or cooling infrastructure is installed within 1,320 feet of a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\nDesign of Noise Monitoring, Minimization, and Mitigation Plan, including real-time continuous monitoring and analysis of noise data sufficient to demonstrate compliance with the applicable standards over time and to identify patterns, trends, and potential areas of improvement, and use of frequency analysis to identify and address low-frequency tones associated with cooling fans or other equipment.\nIncorporation of measures sufficient to avoid off-site nuisance conditions from all frequencies of noise, at all hours of the day and night, and conform to the required limits at the property lines of the Data Center. Measures may include, but not be limited to, acoustic barriers or shrouds, higher efficiency/lower speed fans, or other noise reduction devices sufficient to assure that the noise levels measured at the perimeter property boundary for the Data Center conform to the required levels and to prevent nuisance conditions.\nAll required noise analyses shall be designed and conducted by a certified/licensed acoustical engineer. The points of measurement shall be on each external perimeter property line at locations selected as those most susceptible to noise from applicable proposed equipment. Any noise analysis shall include the date, time, and duration of the measurement taken and shall be taken at various times of the day and night.\nThe applicant shall be required to conduct post-construction during-operation compliance testing within six months of commencement of operation, using the same methodology, to verify actual sound levels and the effectiveness of mitigation measures. Where any noise analysis post-construction and during operation identifies greater than maximum permissible sound levels at any perimeter property boundary, the applicant shall be required to develop and submit for review and approval such measures, including relocation of equipment, reorientation and other mitigation measures, as are needed to bring the modeled noise level to below acceptable levels.\nFire Suppression System. Any fire suppression system shall meet all applicable building and life safety requirements. Areas within the building that host a server room are encouraged to be protected by a clean agent fire suppression system and an early smoke detection system (such as an Air-Sampling Smoke Detector (ASD) or VESDA (Very Early Smoke Detection Apparatus) system). The type of fire suppression system shall be approved by the Fire Protection District with jurisdiction.\nWater and sanitary. Closed loop systems are required for any cooling system that utilizes water for cooling. A closed loop water system is also referred to as a closed recirculating water system, is a specialized setup used to conserve water and minimize wastage. All facilities must connect to public sanitary sewer and drainage. Water shall not be from any type of private well system source unless part of a geothermal system providing high-efficiency heating and cooling.\nWaste Heat/Ventilation. All external ventilation on structures associated with the Data Center should be designed in a manner that does not result in waste heat or heat generated as a byproduct of Data Center operations, adversely impacting adjacent properties. Exhausts, chimneys, and other sources of waste heat shall be designed in a manner that directs waste heat away from adjacent properties.\nLandscape Buffering and Street Trees. Buffering shall comply with the standards of Chapter 10 of this Land Development Code. Street trees are required along all public rights of way (excluding alleys) (see Section 10.2.8 of this Land Development Code).\nEnvironmental Constraints. Any Data Center building, generator or utility substation shall not be allowed on any area of the development site identified as having an environmental constraint (see Section 4.6.2.A of this Land Development Code). An environmental impact study showing compliance with all applicable state and federal laws, regulations, orders and/or policies, as well as demonstrating there will be no negative impacts to air quality, water use, water quality, water supply, federal jurisdictional wetlands, or natural resources, shall be required as part of any application.\nElectricity Consumption. Prior to application, a transmission study request shall be filed with the Louisville Gas and Electric Company. Prior to operation, there shall be an executed service agreement. Any Power Plant or Alternative Energy System that is part of the development shall be permitted independently as a Power Plant or Alternative Energy System, accessory or non-accessory, pursuant to Chapter 4, Parts 2 and 3 of this Land Development Code.\nWater Usage/Consumption. As part of the application, the developer shall provide a “Will Serve Letter” or other acceptable documentation demonstrating serviceability from the Louisville Water Company. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\nWastewater/Stormwater. As part of the application, the developer shall provide a “Will Serve Letter” or other acceptable documentation demonstrating serviceability from the Louisville Metropolitan Sewer District. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\nPublic Utility Capacity. As part of the application, the developer shall provide documentation demonstrating that public utility capacity and related infrastructure is, or will be made, available to ensure that the utility requirements of the Data Center can be accommodated without adverse effect on the cost of service to other customers.\nLow Impact Site Design. Development plans shall:\nMinimize land disturbance by limiting land disturbance to only those areas necessary for improvements to occur and avoiding disturbing portions of the site that have existing slopes greater than 15%;\nMaximize tree preservation by maintaining and conserving at least 40% of any existing tree canopy and meeting all other applicable requirements in Chapter 10 Part 1 of this Land Development Code;\nMinimize impervious surfaces by setting aside a minimum of 20% of the gross acreage of land in the development site for vegetated open space; and\nMinimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the immediate vicinity by complying with the noise and lighting requirements set forth in this section and Chapter 4 Part 1 of this Land Development Code.\nEnergy Efficiency. The development shall:\nOrient buildings to take advantage of passive cooling and daylight opportunities;\nUtilize alternative energy systems as much as possible;\nProvide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours; \nUtilize reclaimed water for cooling, if available;\nEncourage systems that limit the use of finite natural resources and their disposal;\nIncorporate water-efficient landscape materials; \nUtilize LED exterior/interior lighting; and\nImplement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy’s Better Buildings initiative and U.S. Green Building Council’s LEED Certification system.\nEmergency Contact Information. The Data Center shall provide signage with 24-hour emergency contact information that is visible at each access entrance. Signs shall include the company name (if applicable), the name and telephone number of a representative of the operator, and a telephone number to report emergencies to the Louisville Gas and Electric Company.\nOwnership Disclosure. The application shall disclose the identity of parties in interest to the public.\nAny person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial or contractual interest, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall make a public disclosure of such, in writing, under oath, and subject to the penalties prescribed for perjury. In the case of a trust, the trustee must sign the affidavit.\nThis written disclosure shall be made at the time of application, on a form provided by the Office of Planning. The disclosure information shall include the name and address of every person having a beneficial or contractual interest in the real property, however small or minimal. All evidence submitted shall be subject to the Planning Director’s satisfaction.\nExemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission.\nPrimary User Disclosure. The application shall disclose the identity of the primary user of the Data Center. The primary user is the entity with the most usage of the facility and/or the operator of the Data Center.\nAny Conditional Use Permit is subject to the applicant also receiving all necessary permits from local, state and federal regulatory authorities.\nAn application shall include a decommissioning plan that provides the following at a minimum:\nDefinition of the scope of the decommissioning process: full or partial decommission;\nAnticipated timeline for the decommissioning process;\nIdentification of the required compliance measures with local, state and federal building code and environmental regulations;\nAn inventory removal plan including asset disposition, e-waste tracking reports and hazardous materials handling;\nIdentification of the required documentation for the destruction of inventory; and\nA facility restoration plan including the removal of all equipment, restoration of the building ensuring that it is a building code compliant structure, and remediation of any environmental impacts and hazardous materials associated with the operation of the data center, up to contemporary standards defined by the environmental regulatory authority.\n. . . . \n\nSECTION V: Chapter 4 of the LDC, Part 3 – Permitted Uses with Special Standards, is hereby amended to add the following:\nChapter 4 Part 3 Permitted Uses with Special Standards\n. . . . \n\n4.3.35 Data Centers (50,000 Square Feet or Less of Floor Area)\nData Centers with 50,000 square feet or less of floor area are permitted in the C-M, EZ-1, M-1, M-2, M-3, PEC, and PRO districts subject to the following standards. Any increase in the square footage of White Space at a lawfully nonconforming Data Center that was established prior to the effective date of the requirements in this section shall be in a C-M, EZ-1, M-1, M-2, M-3, PEC, or PRO district; not exceed 50,000 square feet in total floor area for the development site; and new development associated with the expansion shall be in compliance with this section. A Data Center that does not meet the special standards set forth in this section may be eligible to be approved with a conditional use permit pursuant to Section 4.2.68 of this Land Development Code.\nA.\tForm districts. The Data Center shall be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District.\nB. \tSetbacks. In addition to any setback required by Chapter 5 of this Land Development Code, there shall be a minimum setback of 50 feet abutting any residentially zoned property.\nC. \tSeparations.\n1.\tAny structure containing a Data Center, generator, and/or utility substation shall be at least 100 feet from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\n2.\tA Data Center shall not be located within 1,320 feet (1/4 mile) of the boundary of any parcel occupied by another Data Center (excluding Accessory Data Centers).\nD.\tGenerators. \n1.\tAny generator that is used as part of an energy backup system for the Data Center shall a) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel), or battery (such as Energy Storage Systems or ESS) or b) be classified as, or similar to, a Tier IV diesel generator per the EPA’s emissions standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators.\n2.\tAny generator located outside of a building shall not be tested more than once per week, with testing only occurring during the hours of 8AM to 5PM, Monday through Friday.\n3.\tGenerators are only permitted for emergency use. An emergency for purposes of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of facilities for the generation, transmission or distribution of electric power.\nE.\tOutdoor lighting. Lighting shall comply with the standards of Section 4.1.3 of this Land Development Code.\nF.\tNoise.\n1.\tNoise from operations, including principal and accessory structures and uses:\na.\tShall not exceed 65 dBA or an increase of 5dBA from the baseline ambient level before construction as documented in the noise plan submitted pursuant to this section, whichever is less; and\nb.\tShall not exceed 65dBC between 10:00 PM and 7:00 AM and 65 dBC at any other times at any external perimeter property line.\n\nIn addition to the decibel limits, operations shall not generate vibration, oscillation, or infrasound that causes perceptible resonance within any buildings or adverse impacts on the human body, including but not limited to dizziness, headaches, nausea, sleep disturbance, or other recognized health effects. Compliance shall be determined based on standards issued by American National Standards Institute (ANSI) and International Organization for Standardization (ISO) for human exposure to whole-body and low-frequency vibration (e.g., ISO 2631 and ANSI S2.71) and shall be measured and compliance determined at any external perimeter property line.\nThe locations of the noise measuring equipment for the pre-construction noise analysis shall be shown on the submitted site plan. The points of measurement shall be at all external perimeter property lines at locations most susceptible to noise from applicable proposed equipment.\nThe maximum sound levels identified herein do not apply to emergency alerts; emergency work to provide electricity, water, or other public utilities when public health or safety is involved; snow removal; or road repair. Maximum sound levels do apply to testing or routine operation of emergency equipment for backup or primary power generation and to other situations that do not involve public health or safety.\nA Noice Assessment, Monitoring, and Mitigation plan shall accompany any application and shall include:\nAssessment of baseline ambient levels of noise before construction, measured in all directions at the external perimeter property lines on which the Data Center is proposed to be located and any related activity is proposed to be conducted.\nAssessment of all noise projected to be associated with the proposed Data Center (including all structures, facilities, and energy systems) before and after incorporation of noise minimization and abatement measures to control and minimize all exterior noise (including high, mid- and low-frequency) generated by the Data Center, including but not limited to exhaust vents, cooling equipment, chiller fans, and on-site power generation.\nAn Acoustical Study prepared by a qualified noise consultant showing:\nExpected daytime and nighttime sound levels, including generator noise and other equipment noise, indoors and outdoors at multiple distances and at the external perimeter property lines;\nInclude both A-weighted (dBA) and C-weighted (dBC) measurements, with full frequency spectra to identify low-frequency and tonal components;\nProvide sound level projections and modeling for multiple distances from the facility; with measurements taken both outdoors and indoors of nearby dwellings;\nConduct testing during nighttime and early morning hours, when cooler air and atmospheric conditions may increase sound propagation; and\nRecommend specific mitigation measures (e.g., barriers, enclosures, mufflers, alternative cooling technologies) to ensure compliance with the noise standards of this Ordinance.\nA vibration study shall also be submitted if any mechanical equipment or cooling infrastructure is installed within 1,320 feet of a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\nDesign of Noise Monitoring, Minimization, and Mitigation Plan, including real-time continuous monitoring and analysis of noise data sufficient to demonstrate compliance with the applicable standards over time and to identify patterns, trends, and potential areas of improvement, and use of frequency analysis to identify and address low-frequency tones associated with cooling fans or other equipment.\nIncorporation of measures sufficient to avoid off-site nuisance conditions from all frequencies of noise, at all hours of the day and night, and conform to the required limits at the property lines of the Data Center. Measures may include, but not be limited to, acoustic barriers or shrouds, higher efficiency/lower speed fans, or other noise reduction devices sufficient to assure that the noise levels measured at the perimeter property boundary for the Data Center conform to the required levels and to prevent nuisance conditions.\nAll required noise analyses shall be designed and conducted by a certified/licensed acoustical engineer. The points of measurement shall be on each external perimeter property line at locations selected as those most susceptible to noise from applicable proposed equipment. Any noise analysis shall include the date, time, and duration of the measurement taken and shall be taken at various times of the day and night.\nThe applicant shall be required to conduct post-construction during-operation compliance testing within six months of commencement of operation, using the same methodology, to verify actual sound levels and the effectiveness of mitigation measures. Where any noise analysis post-construction and during operation identifies greater than maximum permissible sound levels at any perimeter property boundary, the applicant shall be required to develop and submit for review and approval such measures, including relocation of equipment, reorientation and other mitigation measures, as are needed to bring the modeled noise level to below acceptable levels\nG.\tFire Suppression System. Any fire suppression system shall meet all applicable building and life safety requirements. Areas within the building that host a server room are encouraged to be protected by a clean agent fire suppression system and an early smoke detection system (such as an Air-Sampling Smoke Detector (ASD) or VESDA (Very Early Smoke Detection Apparatus) system. The type of fire suppression system shall be approved by the Fire Protection District with jurisdiction.\nH.\tWater and sanitary. Closed loop systems are required for any cooling system that utilizes water for cooling. A closed loop water system, also referred to as a closed recirculating water system, is a specialized setup used to conserve water and minimize wastage. All facilities must connect to public sanitary sewer and drainage. Water shall not be from any type of private well system source unless part of a geothermal system providing high-efficiency heating and cooling.\nI.\tLandscape Buffering and Street Trees. Buffering shall comply with the standards of Chapter 10 of this Land Development Code. Street trees are required along all public rights of way (excluding alleys) (see Section 10.2.8 of this Land Development Code).\nJ.\tEnvironmental Constraints. Any Data Center building, generator, or utility substation shall not be allowed on any area of the development site identified as having an environmental constraint (see Section 4.6.2.A of this Land Development Code). An environmental impact study showing compliance with all applicable state and federal laws, regulations, orders and/or policies, as well as demonstrating there will be no negative impacts to air quality, water use, water quality, water supply, federal jurisdictional wetlands, or natural resources, shall be required as part of any application.\nK.\tElectricity Consumption. Prior to commencing with development of the Data Center, a transmission study request shall be filed with the Louisville Gas and Electric Company. Prior to operation, there shall be an executed service agreement. Any Power Plant or Alternative Energy System that is part of the development shall be permitted independently as a Power Plant or Alternative Energy System, accessory or non-accessory, pursuant to Chapter 4, Parts 2 and 3 of this Land Development Code.\nL.\tWater Usage/Consumption. Prior to commencing with development of the Data Center, the developer shall obtain a “Will Serve Letter” or other acceptable documentation demonstrating serviceability from the Louisville Water Company. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\nM. \tWastewater/Stormwater. Prior to commencing with development of the Data Center, the developer shall obtain a “Will Serve Letter” or other acceptable documentation demonstrating serviceability from the Louisville Metropolitan Sewer District. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\nN.\tPublic Utility Capacity. As part of the registration application, the applicant shall provide documentation demonstrating that public utility capacity and related infrastructure is, or will be made, available to ensure that the utility requirements of the Data Center can be accommodated without adverse effect on the cost of service to other customers.\nO.\tLow Impact Site Design. Development plans shall:\n1.\tMinimize land disturbance by limiting land disturbance to only those areas necessary for improvements to occur and avoiding disturbing portions of the site that have existing slopes greater than 15%;\n2.\tMaximize tree preservation by maintaining and conserving at least 40% of any existing tree canopy and meeting all other applicable requirements in Chapter 10 Part 1 of this Land Development Code;\n3.\tMinimize impervious surfaces by setting aside a minimum of 20% of the gross acreage of land in the development site for vegetated open space; and\n4.\tMinimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the immediate vicinity by complying with the noise and lighting requirements as set forth in this section and Chapter 4 Part 1 of this Land Development Code.\nP.\tEnergy Efficiency. The development shall:\n1.\tOrient buildings to take advantage of passive cooling and daylight opportunities;\n2.\tUtilize alternative energy systems as much as possible;\n3.\tProvide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours;\n4.\tUtilize reclaimed water for cooling, if available;\n5.\tEncourage systems that limit the use of finite natural resources and their disposal;\n6.\tIncorporate water-efficient landscape materials;\n7.\tUtilize LED exterior/interior lighting; and\n8.\tImplement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy’s Better Buildings initiative and U.S. Green Building Council’s LEED Certification system.\nQ.\tEmergency Contact Information. The Data Center shall provide signage with 24-hour emergency contact information that is visible at each access entrance. Signs shall include the company name (if applicable), the name and telephone number of a representative of the operator, and a telephone number to report emergencies to the Louisville Gas and Electric Company.\nR.\tOwnership Disclosure. The application shall disclose the identity of parties in interest to the public.\n1.\tAny person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial or contractual interest, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall make a public disclosure, in writing of such, under oath, and subject to the penalties prescribed for perjury. In the case of a trust, the trustee must sign the affidavit.\n2.\tThis written disclosure shall be made at the time of application, on a form provided by the Office of Planning. The disclosure information shall include the name and address of every person having a beneficial or contractual interest in the real property, however small or minimal. All evidence submitted shall be subject to the Planning Director’s satisfaction. \n3.\tExemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission.\nS.\tPrimary User Disclosure. The application shall disclose the identity of the primary user of the Data Center. The primary user is the entity with the most usage of the facility and/or the operator of the Data Center.\nT.\tRegistration. Prior to commencing development or operating, the property owner shall register the Data Center with the Office of Planning. At that time, the Planning Director or their designee shall determine compliance with the provisions of this section. The Director may deny the registration for failure to comply with any provision. \nAn application shall include a decommissioning plan that provides the following at a minimum:\nDefinition of the scope of the decommissioning process: full or partial decommission;\nAnticipated timeline for the decommissioning process;\nIdentification of the required compliance measures with local, state and federal building code and environmental regulations;\nAn inventory removal plan including asset disposition, e-waste tracking reports and hazardous materials handling;\nIdentification of the required documentation for the destruction of inventory; and\nA facility restoration plan including the removal of all equipment, restoration of the building ensuring that it is a building code compliant structure, and remediation of any environmental impacts and hazardous materials associated with the operation of the data center, up to contemporary standards defined by the environmental regulatory authority.\n\n4.3.36 Telecommunications Data Centers\nTelecommunications Data Centers with 50,000 square feet or less of floor area are permitted in the C-3, C-M, EZ-1, M-1, M-2, M-3, PEC, and PRO districts subject to the following standards. Telecommunications Data Centers with 50,001 to 250,000 square feet of floor area are permitted in EZ-1, M-2, M-3, and PEC districts subject to the following standards. Any increase is the square footage of White Space at a lawfully nonconforming Telecommunications Data Center that was established prior to the effective date of the requirements in this section shall be in a C-3, C-M, EZ-1, M-1, M-2, M-3, PEC, or PRO district; not exceed 50,000 square feet in total floor area for the development site; and new development associated with the expansion shall be in compliance with this section.\nA.\tThe Data Center shall be directly associated with a Telecommunications Facility and/or exclusively serve a telecommunication service provider that provides telecommunications services to clients or customers in Louisville Metro\nB.\tForm districts.\n1. A Data Center with 50,000 square feet or less of floor area shall be located in a Campus, Downtown, Regional Center, Suburban Workplace, Traditional Marketplace Corridor, Traditional Workplace, or Urban Center Neighborhood Form District.\n2.  A Data Center with 50,001 to 250,000 square feet of floor area shall only be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District.\nC. \tSeparations.\n1.\tAny Data Center with 50,000 square feet or less of floor area, or any generator or utility substation associated with such a center, shall be at least 25 feet from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the development.\n2.\tAny Data Center with 50,001 to 250,000 square feet of floor area, or any generator or utility substation associated with such a center, shall be at least 200 feet from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the development.\nD.\tGenerators. \n1.\tAny generator that is used as part of an energy backup system for the Data Center shall a) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel), or battery (such as Energy Storage Systems or ESS) or b) be classified as, or similar to, a Tier IV diesel generator per the EPA’s emissions standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators.\n2.\tIn the Downtown, Traditional Marketplace Corridor, and Urban Center Neighborhood Form Districts, any generator shall be located within a building or enclosed.\n3.\tAny generator located outside of a building shall not be tested more than once per week, with testing only occurring during the hours of 8 AM to 5PM, Monday through Friday.\n4.\tGenerators are only permitted for emergency use. An emergency for purposes of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of facilities for the generation, transmission or distribution of electric power.\nE.\tOutdoor lighting. Lighting shall comply with the standards of Section 4.1.3 of this Land Development Code.\nF.\tNoise.\n1.\tAny equipment associated with the facility shall not generate any noise that equals or exceeds a measured sound level of 65dBA when measured at or beyond any property boundary of the sound source.\n2. To reduce noise impact on other uses in the immediate vicinity, generators should be enclosed within building courtyards or with walls having sound attenuation properties.\nG.\tFire Suppression System. Any fire suppression system shall meet all applicable building and life safety requirements. Areas within the building that host a server room are encouraged to be protected by a clean agent fire suppression system and an early smoke detection system (such as an Air-Sampling Smoke Detector (ASD) or VESDA (Very Early Smoke Detection Apparatus) system. The type of fire suppression system shall be approved by the Fire Protection District with jurisdiction.\nH.\tLandscape Buffering and Street Trees. Buffering shall comply with the standards of Chapter 10 of this Land Development Code. Street trees are required along all public rights of way (excluding alleys) (see Section 10.2.8 of this Land Development Code).\nI.\tEnvironmental Constraints. Any Data Center building, generator, or utility substation shall not be allowed on any area of the development site identified as having an environmental constraint (see Section 4.6.2.A of this Land Development Code).\nJ.\tGround Level Uses. If located in a Downtown, Traditional Marketplace corridor, or Urban Center Neighborhood Form District, offices, retail, or another appropriate use is required on the ground level along public street facing facades. Floor area associated with the Data Center shall not be located on the ground level along any public street facing façade.\nK.\tElectricity Consumption. Prior to application, a transmission study request shall be filed with the Louisville Gas and Electric Company. Prior to operation, there shall be an executed service agreement. Any Power Plant or Alternative Energy System that is part of the development shall be permitted independently as a Power Plant or Alternative Energy System, accessory or non-accessory, pursuant to Chapter 4, Parts 2 and 3 of this Land Development Code.\nL.\tWater Usage/Consumption. As part of the application, the developer shall provide a “Will Serve Letter” or other acceptable documentation demonstrating serviceability from the Louisville Water Company. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\nM. \tWastewater/Stormwater. As part of the application, the developer shall provide a “Will Serve Letter” or other acceptable documentation demonstrating serviceability from the Louisville Metropolitan Sewer District. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\nN.\tPublic Utility Capacity. As part of the application, the applicant shall provide documentation demonstrating that public utility capacity and related infrastructure is, or will be made, available to ensure that the utility requirements of the Data Center can be accommodated without adverse effect on the cost of service to other customers.\nO.\tLow Impact Site Design. Development plans shall:\n1.\tMinimize land disturbance by limiting land disturbance to only those areas necessary for improvements to occur and avoiding disturbing portions of the site that have existing slopes greater than 15%;\n2.\tMaximize tree preservation by maintaining and conserving at least 40% of any existing tree canopy and meeting all other applicable requirements in Chapter 10 Part 1 of this Land Development Code;\n3.\tMinimize impervious surfaces by setting aside a minimum of 20% of the gross acreage of land in the development site for vegetated open space; and\n4.\tMinimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the immediate vicinity by complying with the noise and lighting requirements as set forth in this section and Chapter 4 Part 1 of this Land Development Code.\nP.\tEnergy Efficiency. The development shall:\n1.\tOrient buildings to take advantage of passive cooling and daylight opportunities;\n2.\tUtilize alternative energy systems as much as possible;\n3.\tProvide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours;\n4.\tUtilize reclaimed water for cooling, if available;\n5.\tEncourage systems that limit the use of finite natural resources and their disposal;\n6.\tIncorporate water-efficient landscape materials;\n7.\tUtilize LED exterior/interior lighting; and\n8.\tImplement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy’s Better Buildings initiative and U.S. Green Building Council’s LEED Certification system.\nQ.\tEmergency Contact Information. The Data Center shall provide signage with 24-hour emergency contact information that is visible at each access entrance. Signs shall include the company name (if applicable), the name and telephone number of a representative of the operator, and a telephone number to report emergencies to the Louisville Gas and Electric Company.\nR.\tUser Disclosure. The application shall disclose the identity of the user of the Data Center. \nS.\tRegistration. Prior to commencing development or operation, the property owner shall register the Telecommunications Data Center with the Office of Planning. At that time, the Planning Director or their designee shall determine compliance with the provisions of this section. The Director may deny the registration for failure to comply with any provision. \n. . . . \n\nSECTION VI: Chapter 4 of the LDC, Part 4 – Accessory Uses and Miscellaneous Standards is hereby amended to add a new provision as 4.4.15:\nChapter 4 Part 4 Accessory Uses and Miscellaneous Standards\n. . . . \n\n4.4.15 Accessory Data Centers\nAccessory Data Centers may be permitted subject to the following standards:\nThe Accessory Data Center may only provide data services, including the storage, processing, management, and/or distribution of data, to the business, institution, or organization associated with the Principal Use only. \nThe Accessory Data Center shall not be used as a colocation facility, providing data services to off-site users not associated with the Principal Use.\nData Center White Space shall not exceed the lesser of 25,000 square feet or 49.9% of the total square footage associated with its Principal Use.\nGenerators. Any generator that is used as part of an energy backup system for the Data Center shall 1) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel) or battery (such as Energy Storage Systems or ESS) or 2) be classified as, or similar to, a Tier IV diesel generator per the EPA’s emission standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators. Any generator located outside of a building shall not be tested more than once per week, with testing only occurring between the hours of 8 AM to 5 PM, Monday through Friday. The Planning Director may approve an alternative generator type or testing times upon receipt of documentation that neighboring properties would not be adversely impacted. Generators are only permitted for emergency use. An emergency for purposes of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of facilities for the generation, transmission or distribution of electric power.\nAny Data Center that does not conform to this section shall not be considered an Accessory Data Center and is subject to the regulations and standards in Section 4.2.68, 4.2.69, 4.3.35 and 4.3.36 of this Land Development Code.\n. . . . \n\nSECTION VII: Table 9.1.3.B Minimum and Maximum Motor Vehicle Parking Based on Use is hereby amended as follows:\nTable 9.1.3B Minimum and Maximum Motor Vehicle Parking Based on Use\nGENERAL ACTIVITIES (LBCS Code)\n\tSPECIFIC ACTIVITIES (LBCS Code)\n\tMINIMUM REQUIREMENT\n\tMAXIMUM REQUIREMENT\n\t\n\tIndustrial, manufacturing and waste related (3000)\n\t\n\t\n\t\n\t\n\t\n\tData Center\n\tTo be determined by Director or designee\n\tTo be determined by Director or designee\n\t\n\t. . . . \n\t\n\t\n\t\n\t\n\t. . . . \n\nSECTION VIII: Table 10.2.4 Property Perimeter Landscape Buffer Areas is hereby amended as follows:\nTable 10.2.4 Property Perimeter Landscape Buffer Areas\n. . . . \n\n\tTable 10.2.1 Intensity Classes and Zoning Districts\n\t\n\t\n\tIntensity Class\n\t\n\tSTEP 1\n\t\n\t. . . .\n\t\n\tDetermine the intensity\n\t\n\t5\n\tM-2, M-3, EZ-1, PD (industrial use), PEC (industrial uses), W-1 (industrial use), W-2 (industrial use), W-3, utility substations, landfills, treatment plants or similar uses, cell towers, Data Centers of greater than 50,000 square feet\n\tClass for the proposed use and adjacent sites.\n\t\n\t. . . .\nSECTION IX: This Ordinance shall take effect upon its passage and approval, or otherwise becoming law.\n\n\n\n________________________________\t\t________________________________\nSonya Harward\t\t\t\t\tBrent Ackerson\nMetro Council Clerk\t\t\t\t\tPresident of the Council \n\n\n\n________________________________\t\t________________________________\nCraig Greenberg\t\t\t\t\tApproval Date\nMayor  \n \nAPPROVED AS TO FORM: \n \nMichael J. O’Connell \nJefferson County Attorney \n \n\nBy:  ____________________________\n \nO-251-26 Amend Land Development Code Regarding Data Centers 09-03-26 (lf)\n","MatterTextRtf":"{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\fswiss\\fprq2\\fcharset0 Arial;}{\\f1\\froman\\fprq2\\fcharset0 Times New Roman;}{\\f2\\fswiss\\fprq2\\fcharset0 Calibri;}{\\f3\\froman\\fprq2\\fcharset2 Symbol;}}\n{\\colortbl ;\\red0\\green0\\blue0;\\red255\\green255\\blue255;}\n\\viewkind4\\uc1\\pard\\ltrpar\\qc\\cf1\\b\\f0\\fs24 ORDINANCE NO. _______________, SERIES 2026\\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\fi-10\\li-5\\cf2\\b\\f0\\fs24 ..title\\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\li720\\ri720\\qj\\cf1\\b\\f0\\fs24 AN ORDINANCE AMENDING THE LOUISVILLE METRO LAND DEVELOPMENT CODE REGARDING DATA CENTERS (CASE NO. 25-LDC-0014)\\f1 .\\ul\\b0\\fs22\\par\n\\pard\\ltrpar\\fi-10\\li-5\\cf2\\ulnone\\b\\f0\\fs24 ..body \\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\qc\\cf1\\b\\f0\\fs24 SPONSORED BY:  COUNCIL MEMBER ANDREW OWEN\\f1\\par\n\\b0\\fs22\\par\n\\pard\\ltrpar\\fi-10\\li-5\\sa3\\sl480\\slmult1\\qj\\b\\fs24\\tab\\tab\\tab\\f2  \\f0 WHEREAS\\b0 , the Legislative Council of the Louisville/Jefferson Metro Government (\\ldblquote Council\\rdblquote ) adopted Resolution No. 82, Series 2025 directing Office of Planning staff to review the Land Development Code (\\ldblquote LDC\\rdblquote ) and develop recommendations relating to data centers; and\\par\n\\b\\f1\\tab\\tab\\tab\\f0 WHEREAS\\b0 , Office of Planning staff conducted that review and developed those recommendations, which were published and made subject to a 30 day public comment period for additional feedback; and \\par\n\\b\\f1\\tab\\tab\\tab\\f0 WHEREAS\\b0 , after the public comment period, the recommendation was revised to provide additional restrictions and safeguards addressing concerns raised by the public; and\\f1\\par\n\\pard\\ltrpar\\fi705\\sl480\\slmult1\\qj\\b\\f0 WHEREAS\\b0 , the Planning Commission\\b  \\b0 held public hearings on those amendments on July 27, 2026, August 5, 2026, August 6, 2026 and August 10, 2026 and further considered those amendments in business session on August 20, 2026; and \\f1\\fs22\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\f0\\fs24 WHEREAS\\b0 , the Planning Commission considered the record and testimony relative to those amendments and recommended the approval of such amendments, to Council; and\\b  \\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\fi706\\sl480\\slmult1\\qj\\b\\f0\\fs24 WHEREAS\\b0 , Council approves and accepts the recommendation of the Planning Commission as set forth in the minutes of the Planning Commission in Case No. 25-LDC-0014. \\f1\\fs22\\par\n\\pard\\ltrpar\\fi720\\qj\\b\\f0\\fs24 NOW\\f1 ,\\f0  THEREFORE\\f1 ,\\f0  BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (\\ldblquote COUNCIL\\rdblquote ) AS FOLLOWS: \\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\li720\\sl252\\slmult1\\b\\f0\\fs24  \\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\f0\\fs24  \\tab\\b SECTION I:\\b0  Chapter 1 of the LDC, Section 1.2.2 \\fs22 - Definitions\\fs24  is hereby amended to add the following definitions: \\f1\\par\n\\f0 . . . . \\par\n\\pard\\ltrpar\\qj\\ul\\b Data Center - \\b0 All or portion of a facility used primarily for data services, including the storage, processing, management, and distribution of data through the use of computer systems, servers, networking equipment, and related components.\\par\n\\par\n\\b Data Center, Accessory\\b0  - A \\i Data Center\\i0  that serves a \\i Principal Use\\i0  on the same lot, while subordinate in purpose to other on-site activities of the \\i Principal Use\\i0 . Although an Accessory Data Center\\rquote s primary purpose is to provide data infrastructure supporting the operation of an on-site \\i Principal Use\\i0 , it may support the enterprise functions of the business, institution, or organization associated with the on-site \\i Principal Use\\i0 . This may include data services associated with off-site users directly affiliated with the on-site \\i Principal Use\\i0 ,\\par\n\\par\n\\b Data Center, Telecommunication\\b0  - A \\i Data Center \\i0 that exclusively serves a \\i Telecommunications Facility\\i0  and/or a telecommunications service provider or providers. A telecommunications service provider is a company that is regulated by the Federal Communications Commission (FCC) and offers voice, data, and internet communications services to the public, businesses, and other organizations. These companies include wireless providers, telecommunications carriers, broadcasters, satellite providers, and internet service providers.\\par\n\\par\n\\b Data Center, White Space\\b0  - The usable area within a Data Center specifically allocated for housing IT equipment, such as servers, storage arrays, and networking hardware.\\par\n\\ulnone . . . . \\f1\\par\n\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\f0 SECTION II: \\b0 Chapter 2 of the LDC, Part 4 - Commercial Zoning Districts, is hereby amended as follows:\\f1\\par\n\\pard\\ltrpar\\qj\\par\n\\b\\f0 Chapter 2 Part 4 Commercial Zoning Districts\\f1\\par\n\\b0\\f0 . . . . \\f1\\par\n\\b\\par\n\\f0 2.4\\f1 .\\f0 5 C\\f1 -\\f0 3 Commercial District\\f1\\par\n\\b0\\f0 . . . . \\f1\\par\n\\b\\par\n\\b0\\f0 A. Permitted Uses:\\par\n. . . . \\par\n\\f1\\tab\\strike\\f0 Telecommunications hotels\\f1\\par\n\\strike0\\f0 . . . . \\par\n\\strike\\f1\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\b\\strike0\\f0 SECTION III: \\b0 Chapter 2 of the LDC, Part 5 - Industrial Zoning Districts, is \\par\n\\pard\\ltrpar\\qj hereby amended as follows:\\par\n\\par\n\\b Chapter 2 Part 5 Industrial Zoning Districts\\f1\\par\n\\b0\\f0 . . . . \\f1\\par\n\\b\\par\n\\f0 2.5.1 M-1 Industrial District\\par\n\\b0 . . . . \\f1\\par\n\\b\\par\n\\b0\\f0 A. Permitted Uses:\\par\n. . . . \\par\n\\f1\\tab\\strike\\f0 Telecommunications hotels\\par\n\\strike0 . . . . \\par\n\\strike\\f1\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\strike0\\f0 SECTION IV:\\b0  Chapter 4 of the LDC, Part 2 - Conditional Uses, is hereby amended to add the following conditional uses:\\f1\\par\n\\pard\\ltrpar\\qj\\b\\f0 Chapter 4 Part 2 Conditional Uses\\par\n\\b0 . . . . \\f1\\par\n\\par\n\\b\\f0 4.2.1 Intent and Applicability\\par\n\\b0 . . . . \\f1\\par\n\\par\n\\f0 The following uses are subject to the Conditional Use Permit process:\\par\n\\f1\\par\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4680\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\f0 Section\\f1\\cell\\f0 Conditional Use\\cell\\f1\\fs22\\row\n\\f0\\fs24\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4680\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\intbl . . . . \\f1\\cell\\cell\\fs22\\row\n\\ul\\f0\\fs24\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4680\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\intbl 4.2.68\\f1\\cell\\f0 Data Centers (50,000 Square Feet or Less of Floor Area)\\f1\\cell\\ulnone\\fs22\\row\n\\ul\\f0\\fs24\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4680\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\intbl 4.2.69\\f1\\cell\\f0 Data Centers (50,001 to 500,000 Square Feet of Floor Area)\\f1\\cell\\ulnone\\fs22\\row\n\\pard\\ltrpar\\qj\\f0\\fs24 . . . . \\f1\\par\n\\par\n\\b\\f0 4.2.52 Underground Space\\f1\\par\n\\b0\\f0 Use of underground space may be permitted upon the granting of a Conditional Use Permit and may be located beneath any surface zoning district provided that the permit shall apply only to the subsurface and shall not affect the zoning district or districts designated for the surface above the underground space and provided that vehicular access points entering and exiting the underground space shall be classified in one of the following districts: M-1, M-2, M-3, PEC, PRO, C-M, C-2, or EZ-1.\\par\nThe following uses of underground space may be permitted upon the granting of a Conditional Use Permit:\\par\n. . . . \\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\strike\\f3\\'b7\\tab\\f0 Computer data center\\par\n\\pard\\ltrpar\\qj\\strike0 . . . . \\par\n\\f1\\par\n\\ul\\b\\f0 4.2.68 Data Centers (50,000 Square Feet or Less of Floor Area)\\f1\\par\n\\b0\\f0 Any \\i Data Center\\i0  that does not meet the provisions of Section 4.3.35 may be allowed in the C-M, EZ-1, M-1, M-2, M-3, PEC, and PRO districts upon the granting of a conditional use permit and compliance with the listed requirements. Notwithstanding Section 11.5A.1, in cases where the development also requires a zoning or form district map amendment, the Conditional Use Permit shall be heard and decided by the Planning Commission.\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\ulnone\\f0 A.\\tab\\ul Each special standard provided in Section 4.3.35 shall be met unless relief is granted by the Board.\\par\n\\ulnone B.\\tab\\ul As part of the application, the applicant shall provide written justification for each special standard in Section 4.3.35 that cannot be met, demonstrating the reasons why relief should be granted and how such relief would not cause an adverse impact on any adjacent property\\f1 .\\par\n\\ulnone\\f0 C.\\tab\\ul The \\i Data Center \\i0 shall be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District. This provision shall not be waived. \\par\n\\ulnone D.\\tab\\ul If an application requests relief to the requirement for a transmission study request in Section 4.3.35, a utility consumption model and plan may be provided. A consumption model for the purpose of this section is a mathematical or computational representation used to predict, analyze, and optimize energy usage in the system. The consumption plan shall include a strategy to manage energy usage and document when infrastructure and capacity related to the service(s) is anticipated to be available. \\f1\\par\n\\ulnone\\f0 E.\\tab\\ul Any Conditional Use Permit is subject to the applicant also receiving all necessary permits from local, state and federal regulatory agencies\\f1 .\\par\n\\pard\\ltrpar\\qj\\ulnone\\par\n\\ul\\b\\f0 4.2.69 Data Centers (50,001 to 500,000 Square Feet of Floor Area)\\ulnone\\b0\\f1\\par\n\\ul\\i\\f0 Data Centers\\i0  having greater than 50,00\\f1 0\\f0  square feet of floor area may be allowed in the M-1 district upon the granting of a conditional use permit and compliance with the listed requirements. Notwithstanding Section 11.5A.1, in cases in which the development also requires a zoning or form map amendment, the Conditional Use Permit shall be heard and decided by the Planning Commission. Any increase in the square footage of \\i White Space\\i0  at a lawfully nonconforming \\i Data Center\\i0  that was established prior to the effective date of the requirements in this section shall require a Conditional Use Permit for the development site and new development associated with the expansion shall be in compliance with this section.\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\ulnone\\f0 A.\\tab\\ul Maximum Floor Area. The Data Center White Space and any other floor area that exclusively supports the \\i Data Center\\i0  shall not exceed 500,000 square feet in total floor area on the development site. If otherwise permitted, additional floor area may be allowed for other non-\\i Data Center\\i0  uses on the development site (e.g., office). The provision shall not be waived.\\ulnone\\f1\\par\n\\f0 B.\\tab\\ul Form Districts. The \\i Data Center\\i0  shall be located in a Campus, Regional Center, Suburban Workplace\\f1 ,\\f0  or Traditional Workplace Form District. This provision shall not be waived.\\ulnone\\f1\\par\n\\f0 C.\\tab\\ul Setbacks. In addition to any setback required by Chapter 5 of this Land Development Code, there shall be a minimum setback of 200 feet abutting any residentially zoned property.\\ulnone\\f1\\par\n\\f0 D.\\tab\\ul Separations.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 1.\\tab Any structure containing a \\i Data Center\\i0 , generator, and/or utility substation shall be at least 1,320 feet (1/4 mile) from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\\ulnone\\f1\\par\n\\ul\\f0 2.\\tab A \\i Data Center\\i0  shall not be located within 1,320 feet (1/4 mile) of the boundary of any parcel occupied by another \\i Data Center\\i0  (excluding \\i Accessory Data Centers\\i0 ).\\ulnone\\f1\\par\n\\ul\\f0 3.\\tab A \\i Data Center\\i0  shall not be located within 1,320 feet (1/4 mile) of the boundary of any parcel occupied by a use approved as a \\i Potentially Hazardous or Nuisance Use\\i0  as described in Section 4.2.42 of this Land Development Code.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\f0 E.\\tab\\ul Generators.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\f0 1.\\tab\\ul Any generator that is used as part of an energy backup system for the \\i Data Center\\i0  shall a) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel), or battery (such as Energy Storage Systems or ESS) or b) be classified as, or similar to, a Tier IV diesel generator per the EPA\\rquote s emissions standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators.\\ulnone\\f1\\par\n\\f0 2.\\tab\\ul Any generator located outside of a building shall not be tested more than once per week, with testing only occurring between the hours of 8 AM to 5 PM, Monday through Friday. The Board may approve an alternative generator type or testing times upon receipt of documentation that neighboring properties would not be adversely impacted.\\ulnone\\f1\\par\n\\f0 3.\\tab\\ul Generators are only permitted for emergency use. An emergency for the purpose of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected breakdown of facilities for the generation, transmission or distribution of electric power.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\f0 F.\\tab\\ul Outdoor Lighting. Lighting shall comply with the standards of Section 4.1.3 of this Land Development Code.\\ulnone\\f1\\par\n\\f0 G.\\tab\\ul Noise.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 1.\\tab Noise from operations, including principal and accessory structures and uses:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1440\\qj\\ul\\f0 a.\\tab Shall not exceed 65 dBA or an increase of 5dBA from the baseline ambient level before construction as documented in the noise plan submitted pursuant to this section, whichever is less; and \\ulnone\\f1\\par\n\\ul\\f0 b.\\tab Shall not exceed 60 dBC6 between 10:00 pm and 7:00 AM and 65dBC at any other times at any external perimeter property line.\\ulnone\\f1\\par\n\\pard\\ltrpar\\li1440\\qj\\ul\\f0 In addition to the decibel limits, operations shall not generate vibration, oscillation, or infrasound that causes perceptible resonance within any buildings or adverse impacts on the human body, including but not limited to dizziness, headaches, nausea, sleep disturbance, or other recognized health effects. Compliance shall be determined based on standards issued by American National Standards Institute (ANSI) and International Organization for Standardization (ISO) for human exposure to whole-body and low-frequency vibration (e.g., ISO 2631 and ANSI S2.71) and shall be measured and compliance determined at any external perimeter property line.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 2.\\tab The locations of the noise measuring equipment for the pre-construction noise analysis shall be shown on the submitted site plan. The points of measurement shall be at all external perimeter property lines at locations most susceptible to noise from applicable proposed equipment.\\ulnone\\f1\\par\n\\ul\\f0 3.\\tab The maximum sound levels identified herein do not apply to emergency alerts; emergency work to provide electricity, water, or other public utilities when public health or safety is involved; snow removal; or road repair. Maximum sound levels do apply to testing or routine operation of emergency equipment for backup or primary power generation and to other situations that do not involve public health or safety.\\ulnone\\f1\\par\n\\ul\\f0 4.\\tab A Noice Assessment, Monitoring, and Mitigation plan shall accompany any application and shall include:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1440\\qj\\ul\\f0 a.\\tab Assessment of baseline ambient levels of noise before construction, measured in all directions at the external perimeter property lines on which the \\i Data Center\\i0  is proposed to be located and any related activity is proposed to be conducted.\\ulnone\\f1\\par\n\\ul\\f0 b.\\tab Assessment of all noise projected to be associated with the proposed \\i Data Center\\i0  (including all structures, facilities, and energy systems) before and after incorporation of noise minimization and abatement measures to control and minimize all exterior noise (including high\\f1 ,\\f0  mid- and low-frequency) generated by the \\i Data Center\\i0 , including but not limited to exhaust vents, cooling equipment, chiller fans, and on-site power generation.\\ulnone\\f1\\par\n\\ul\\f0 c.\\tab An Acoustical Study prepared by a qualified noise consultant showing:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1800\\qj\\ul\\f0 i.\\tab Expected daytime and nighttime sound levels, including generator noise and other equipment noise, indoors and outdoors at multiple distances and at the external perimeter property lines;\\ulnone\\f1\\par\n\\ul\\f0 ii.\\tab Include both A-weighted (dBA) and C-weighted (dBC) measurements, with full frequency spectra to identify low-frequency and tonal components;\\ulnone\\f1\\par\n\\ul\\f0 iii.\\tab Provide sound level projections and modeling for multiple distances from the facility; with measurements taken both outdoors and indoors of nearby dwellings;\\ulnone\\f1\\par\n\\ul\\f0 iv.\\tab Conduct testing during nighttime and early morning hours, when cooler air and atmospheric conditions may increase sound propagation; and\\ulnone\\f1\\par\n\\ul\\f0 v.\\tab Recommend specific mitigation measures (e.g., barriers, enclosures, mufflers, alternative cooling technologies) to ensure compliance with the noise standards of this Ordinance.\\ulnone\\f1\\par\n\\ul\\f0 d.\\tab A vibration study shall also be submitted if any mechanical equipment or cooling infrastructure is installed within 1,320 feet of a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\\ulnone\\f1\\par\n\\ul\\f0 e.\\tab Design of Noise Monitoring, Minimization, and Mitigation Plan, including real-time continuous monitoring and analysis of noise data sufficient to demonstrate compliance with the applicable standards over time and to identify patterns, trends, and potential areas of improvement, and use of frequency analysis to identify and address low-frequency tones associated with cooling fans or other equipment.\\ulnone\\f1\\par\n\\ul\\f0 f.\\tab Incorporation of measures sufficient to avoid off-site nuisance conditions from all frequencies of noise, at all hours of the day and night, and conform to the required limits at the property lines of the \\i Data Center\\i0 . Measures may include, but not be limited to, acoustic barriers or shrouds, higher efficiency/lower speed fans, or other noise reduction devices sufficient to assure that the noise levels measured at the perimeter property boundary for the \\i Data Center\\i0  conform to the required levels and to prevent nuisance conditions.\\ulnone\\f1\\par\n\\ul\\f0 g.\\tab All required noise analyses shall be designed and conducted by a certified/licensed acoustical engineer. The points of measurement shall be on each external perimeter property line at locations selected as those most susceptible to noise from applicable proposed equipment. Any noise analysis shall include the date, time, and duration of the measurement taken and shall be taken at various times of the day and night.\\ulnone\\f1\\par\n\\ul\\f0 h.\\tab The applicant shall be required to conduct post-construction during-operation compliance testing within six months of commencement of operation, using the same methodology\\f1 ,\\f0  to verify actual sound levels and the effectiveness of mitigation measures. Where any noise analysis post-construction and during operation identifies greater than maximum permissible sound levels at any perimeter property boundary, the applicant shall be required to develop and submit for review and approval such measures, including relocation of equipment, reorientation and other mitigation measures, as are needed to bring the modeled noise level to below acceptable levels.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\f0 H.\\tab\\ul Fire Suppression System. Any fire suppression system shall meet all applicable building and life safety requirements. Areas within the building that host a server room are encouraged to be protected by a clean agent fire suppression system and an early smoke detection system (such as an Air-Sampling Smoke Detector (ASD) or VESDA (Very Early Smoke Detection Apparatus) system). The type of fire suppression system shall be approved by the Fire Protection District with jurisdiction.\\ulnone\\f1\\par\n\\f0 I.\\tab\\ul Water and sanitary. Closed loop systems are required for any cooling system that utilizes water for cooling. A closed loop water system is also referred to as a closed recirculating water system, is a specialized setup used to conserve water and minimize wastage. All facilities must connect to public sanitary sewer and drainage. Water shall not be from any type of private well system source unless part of a geothermal system providing high-efficiency heating and cooling.\\ulnone\\f1\\par\n\\f0 J.\\tab\\ul Waste Heat/Ventilation. All external ventilation on structures associated with the \\i Data Center\\i0  should be designed in a manner that does not result in waste heat or heat generated as a byproduct of \\i Data Center\\i0  operations, adversely impacting adjacent properties. Exhausts, chimneys, and other sources of waste heat shall be designed in a manner that directs waste heat away from adjacent properties.\\ulnone\\f1\\par\n\\f0 K.\\tab\\ul Landscape Buffering and Street Trees. Buffering shall comply with the standards of Chapter 10 of this Land Development Code. Street trees are required along all public rights of way (excluding alleys) (see Section 10.2.8 of this Land Development Code).\\ulnone\\f1\\par\n\\f0 L.\\tab\\ul Environmental Constraints. Any \\i Data Center\\i0  building, generator or utility substation shall not be allowed on any area of the development site identified as having an environmental constraint (see Section 4.6.2.A of this Land Development Code). An environmental impact study showing compliance with all applicable state and federal laws, regulations, orders and/or policies, as well as demonstrating there will be no negative impacts to air quality, water use, water quality, water supply, federal jurisdictional wetlands, or natural resources, shall be required as part of any application.\\ulnone\\f1\\par\n\\f0 M.\\tab\\ul Electricity Consumption. Prior to application, a transmission study request shall be filed with the Louisville Gas and Electric Company. Prior to operation, there shall be an executed service agreement. Any Power Plant or Alternative Energy System that is part of the development shall be permitted independently as a Power Plant or Alternative Energy System, accessory or non-accessory, pursuant to Chapter 4, Parts 2 and 3 of this Land Development Code.\\ulnone\\f1\\par\n\\f0 N.\\tab\\ul Water Usage/Consumption. As part of the application, the developer shall provide a \\ldblquote Will Serve Letter\\rdblquote  or other acceptable documentation demonstrating serviceability from the Louisville Water Company. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\\ulnone\\f1\\par\n\\f0 O.\\tab\\ul Wastewater/Stormwater. As part of the application, the developer shall provide a \\ldblquote Will Serve Letter\\rdblquote  or other acceptable documentation demonstrating serviceability from the Louisville Metropolitan Sewer District. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\\ulnone\\f1\\par\n\\f0 P.\\tab\\ul Public Utility Capacity. As part of the application, the developer shall provide documentation demonstrating that public utility capacity and related infrastructure is, or will be made, available to ensure that the utility requirements of the \\i Data Center\\i0  can be accommodated without adverse effect on the cost of service to other customers.\\ulnone\\f1\\par\n\\f0 Q.\\tab\\ul Low Impact Site Design. Development plans shall:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 1.\\tab Minimize land disturbance by limiting land disturbance to only those areas necessary for improvements to occur and avoiding disturbing portions of the site that have existing slopes greater than 15%;\\ulnone\\f1\\par\n\\ul\\f0 2.\\tab Maximize tree preservation by maintaining and conserving at least 40% of any existing tree canopy and meeting all other applicable requirements in Chapter 10 Part 1 of this Land Development Code;\\ulnone\\f1\\par\n\\ul\\f0 3.\\tab Minimize impervious surfaces by setting aside a minimum of 20% of the gross acreage of land in the development site for vegetated open space; and\\ulnone\\f1\\par\n\\ul\\f0 4.\\tab Minimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the immediate vicinity by complying with the noise and lighting requirements set forth in this section and Chapter 4 Part 1 of this Land Development Code.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\f0 R.\\tab\\ul Energy Efficiency. The development shall:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 1.\\tab Orient buildings to take advantage of passive cooling and daylight opportunities;\\ulnone\\f1\\par\n\\ul\\f0 2.\\tab Utilize alternative energy systems as much as possible;\\ulnone\\f1\\par\n\\ul\\f0 3.\\tab Provide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours; \\ulnone\\f1\\par\n\\ul\\f0 4.\\tab Utilize reclaimed water for cooling, if available;\\ulnone\\f1\\par\n\\ul\\f0 5.\\tab Encourage systems that limit the use of finite natural resources and their disposal;\\ulnone\\f1\\par\n\\ul\\f0 6.\\tab Incorporate water-efficient landscape materials; \\ulnone\\f1\\par\n\\ul\\f0 7.\\tab Utilize LED exterior/interior lighting; and\\ulnone\\f1\\par\n\\ul\\f0 8.\\tab Implement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy\\rquote s Better Buildings initiative and U.S. Green Building Council\\rquote s LEED Certification system.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\f0 S.\\tab\\ul Emergency Contact Information. The \\i Data Center\\i0  shall provide signage with 24-hour emergency contact information that is visible at each access entrance. Signs shall include the company name (if applicable), the name and telephone number of a representative of the operator, and a telephone number to report emergencies to the Louisville Gas and Electric Company.\\ulnone\\f1\\par\n\\f0 T.\\tab\\ul Ownership Disclosure. The application shall disclose the identity of parties in interest to the public.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\f0 1.\\tab\\ul Any person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial or contractual interest, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall make a public disclosure of such, in writing, under oath, and subject to the penalties prescribed for perjury. In the case of a trust, the trustee must sign the affidavit.\\ulnone\\f1\\par\n\\f0 2.\\tab\\ul This written disclosure shall be made at the time of application, on a form provided by the Office of Planning. The disclosure information shall include the name and address of every person having a beneficial or contractual interest in the real property, however small or minimal. All evidence submitted shall be subject to the Planning Director\\rquote s satisfaction.\\ulnone\\f1\\par\n\\f0 3.\\tab\\ul Exemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\f0 U.\\tab\\ul Primary User Disclosure. The application shall disclose the identity of the primary user of the \\i Data Center\\i0 . The primary user is the entity with the most usage of the facility and/or the operator of the \\i Data Center\\i0\\f1 .\\ulnone\\par\n\\f0 V.\\tab\\ul Any Conditional Use Permit is subject to the applicant also receiving all necessary permits from local, state and federal regulatory authorities.\\ulnone\\f1\\par\n\\f0 W.\\tab\\ul An application shall include a decommissioning plan that provides the following at a minimum:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\f0 1.\\tab\\ul Definition of the scope of the decommissioning process: full or partial decommission;\\f1\\par\n\\ulnone\\f0 2.\\tab\\ul Anticipated timeline for the decommissioning process;\\par\n\\ulnone 3.\\tab\\ul Identification of the required compliance measures with local, state and federal building code and environmental regulations;\\par\n\\ulnone 4.\\tab\\ul An inventory removal plan including asset disposition, e-waste tracking reports and hazardous materials handling;\\par\n\\ulnone 5.\\tab\\ul Identification of the required documentation for the destruction of inventory; and\\f1\\par\n\\ulnone\\f0 6.\\tab\\ul A facility restoration plan including the removal of all equipment, restoration of the building ensuring that it is a building code compliant structure, and remediation of any environmental impacts and hazardous materials associated with the operation of the data center, up to contemporary standards defined by the environmental regulatory authority.\\f1\\par\n\\pard\\ltrpar\\qj\\ulnone\\f0 . . . . \\f1\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\f0 SECTION V\\b0 : Chapter 4 of the LDC, Part 3 - Permitted Uses with Special Standards, is hereby amended to add the following:\\f1\\par\n\\pard\\ltrpar\\qj\\b\\f0 Chapter 4 Part 3 Permitted Uses with Special Standards\\f1\\par\n\\b0\\f0 . . . . \\f1\\par\n\\b\\par\n\\ul\\f0 4\\f1 .\\f0 3\\f1 .\\f0 35 Data Centers (50,000 Square Feet or Less of Floor Area)\\f1\\par\n\\b0\\i\\f0 Data Centers\\i0  with 50,000 square feet or less of floor area are permitted in the C-M, EZ-1, M-1, M-2, M-3, PEC, and PRO districts subject to the following standards. Any increase in the square footage of \\i White Space\\i0  at a lawfully nonconforming \\i Data Center \\i0 that was established prior to the effective date of the requirements in this section shall be in a C-M, EZ-1, M-1, M-2, M-3, PEC, or PRO district; not exceed 50,000 square feet in total floor area for the development site; and new development associated with the expansion shall be in compliance with this section. A \\i Data Center\\i0  that does not meet the special standards set forth in this section may be eligible to be approved with a conditional use permit pursuant to Section 4.2.68 of this Land Development Code.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj A.\\tab Form districts. The \\i Data Center\\i0  shall be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District.\\ulnone\\par\n\\ul B. \\tab Setbacks. In addition to any setback required by Chapter 5 of this Land Development Code, there shall be a minimum setback of 50 feet abutting any residentially zoned property.\\ulnone\\par\n\\ul C. \\tab Separations.\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Any structure containing a \\i Data Center\\i0 , generator, and/or utility substation shall be at least 100 feet from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\\par\n2.\\tab A \\i Data Center\\i0  shall not be located within 1,320 feet (1/4 mile) of the boundary of any parcel occupied by another \\i Data Center\\i0  (excluding \\i Accessory Data Centers\\i0 ).\\par\n\\pard\\ltrpar\\li360\\qj D.\\tab Generators. \\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Any generator that is used as part of an energy backup system for the \\i Data Center\\i0  shall a) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel), or battery (such as Energy Storage Systems or ESS) or b) be classified as, or similar to, a Tier IV diesel generator per the EPA\\rquote s emissions standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators.\\par\n2.\\tab Any generator located outside of a building shall not be tested more than once per week, with testing only occurring during the hours of 8AM to 5PM, Monday through Friday.\\par\n3.\\tab Generators are only permitted for emergency use. An emergency for purposes of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of facilities for the generation, transmission or distribution of electric power.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj E.\\tab Outdoor lighting. Lighting shall comply with the standards of Section 4.1.3 of this Land Development Code.\\par\nF.\\tab Noise.\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Noise from operations, including principal and accessory structures and uses:\\par\n\\pard\\ltrpar\\fi-360\\li1440\\qj a.\\tab Shall not exceed 65 dBA or an increase of 5dBA from the baseline ambient level before construction as documented in the noise plan submitted pursuant to this section, whichever is less; and\\par\nb.\\tab Shall not exceed 65dBC between 10:00 PM and 7:00 AM and 65 dBC at any other times at any external perimeter property line.\\par\n\\pard\\ltrpar\\li1440\\qj\\f1\\par\n\\pard\\ltrpar\\li1080\\qj\\f0 In addition to the decibel limits, operations shall not generate vibration, oscillation, or infrasound that causes perceptible resonance within any buildings or adverse impacts on the human body, including but not limited to dizziness, headaches, nausea, sleep disturbance, or other recognized health effects. Compliance shall be determined based on standards issued by American National Standards Institute (ANSI) and International Organization for Standardization (ISO) for human exposure to whole-body and low-frequency vibration (e.g., ISO 2631 and ANSI S2.71) and shall be measured and compliance determined at any external perimeter property line.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 2.\\tab The locations of the noise measuring equipment for the pre-construction noise analysis shall be shown on the submitted site plan. The points of measurement shall be at all external perimeter property lines at locations most susceptible to noise from applicable proposed equipment.\\ulnone\\f1\\par\n\\ul\\f0 3.\\tab The maximum sound levels identified herein do not apply to emergency alerts; emergency work to provide electricity, water, or other public utilities when public health or safety is involved; snow removal; or road repair. Maximum sound levels do apply to testing or routine operation of emergency equipment for backup or primary power generation and to other situations that do not involve public health or safety.\\ulnone\\f1\\par\n\\ul\\f0 4.\\tab A Noice Assessment, Monitoring, and Mitigation plan shall accompany any application and shall include:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1440\\qj\\ul\\f0 a.\\tab Assessment of baseline ambient levels of noise before construction, measured in all directions at the external perimeter property lines on which the \\i Data Center\\i0  is proposed to be located and any related activity is proposed to be conducted.\\ulnone\\f1\\par\n\\ul\\f0 b.\\tab Assessment of all noise projected to be associated with the proposed \\i Data Center\\i0  (including all structures, facilities, and energy systems) before and after incorporation of noise minimization and abatement measures to control and minimize all exterior noise (including high, mid- and low-frequency) generated by the \\i Data Center\\i0 , including but not limited to exhaust vents, cooling equipment, chiller fans, and on-site power generation.\\ulnone\\f1\\par\n\\ul\\f0 c.\\tab An Acoustical Study prepared by a qualified noise consultant showing:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1800\\qj\\ul\\f0 i.\\tab Expected daytime and nighttime sound levels, including generator noise and other equipment noise, indoors and outdoors at multiple distances and at the external perimeter property lines;\\ulnone\\f1\\par\n\\ul\\f0 ii.\\tab Include both A-weighted (dBA) and C-weighted (dBC) measurements, with full frequency spectra to identify low-frequency and tonal components;\\ulnone\\f1\\par\n\\ul\\f0 iii.\\tab Provide sound level projections and modeling for multiple distances from the facility; with measurements taken both outdoors and indoors of nearby dwellings;\\ulnone\\f1\\par\n\\ul\\f0 iv.\\tab Conduct testing during nighttime and early morning hours, when cooler air and atmospheric conditions may increase sound propagation; and\\ulnone\\f1\\par\n\\ul\\f0 v.\\tab Recommend specific mitigation measures (e.g., barriers, enclosures, mufflers, alternative cooling technologies) to ensure compliance with the noise standards of this Ordinance.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1440\\qj\\ul\\f0 d.\\tab A vibration study shall also be submitted if any mechanical equipment or cooling infrastructure is installed within 1,320 feet of a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the conditional use permit approval.\\ulnone\\f1\\par\n\\ul\\f0 e.\\tab Design of Noise Monitoring, Minimization, and Mitigation Plan, including real-time continuous monitoring and analysis of noise data sufficient to demonstrate compliance with the applicable standards over time and to identify patterns, trends, and potential areas of improvement, and use of frequency analysis to identify and address low-frequency tones associated with cooling fans or other equipment.\\ulnone\\f1\\par\n\\ul\\f0 f.\\tab Incorporation of measures sufficient to avoid off-site nuisance conditions from all frequencies of noise, at all hours of the day and night, and conform to the required limits at the property lines of the \\i Data Center\\i0 . Measures may include, but not be limited to, acoustic barriers or shrouds, higher efficiency/lower speed fans, or other noise reduction devices sufficient to assure that the noise levels measured at the perimeter property boundary for the \\i Data Center\\i0  conform to the required levels and to prevent nuisance conditions.\\ulnone\\f1\\par\n\\ul\\f0 g.\\tab All required noise analyses shall be designed and conducted by a certified/licensed acoustical engineer. The points of measurement shall be on each external perimeter property line at locations selected as those most susceptible to noise from applicable proposed equipment. Any noise analysis shall include the date, time, and duration of the measurement taken and shall be taken at various times of the day and night.\\ulnone\\f1\\par\n\\ul\\f0 h.\\tab The applicant shall be required to conduct post-construction during-operation compliance testing within six months of commencement of operation, using the same methodology, to verify actual sound levels and the effectiveness of mitigation measures. Where any noise analysis post-construction and during operation identifies greater than maximum permissible sound levels at any perimeter property boundary, the applicant shall be required to develop and submit for review and approval such measures, including relocation of equipment, reorientation and other mitigation measures, as are needed to bring the modeled noise level to below acceptable levels\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\ul\\f0 G.\\tab Fire Suppression System. Any fire suppression system shall meet all applicable building and life safety requirements. Areas within the building that host a server room are encouraged to be protected by a clean agent fire suppression system and an early smoke detection system (such as an Air-Sampling Smoke Detector (ASD) or VESDA (Very Early Smoke Detection Apparatus) system. The type of fire suppression system shall be approved by the Fire Protection District with jurisdiction.\\par\nH.\\tab Water and sanitary. Closed loop systems are required for any cooling system that utilizes water for cooling. A closed loop water system, also referred to as a closed recirculating water system, is a specialized setup used to conserve water and minimize wastage. All facilities must connect to public sanitary sewer and drainage. Water shall not be from any type of private well system source unless part of a geothermal system providing high-efficiency heating and cooling.\\par\nI.\\tab Landscape Buffering and Street Trees. Buffering shall comply with the standards of Chapter 10 of this Land Development Code. Street trees are required along all public rights of way (excluding alleys) (see Section 10.2.8 of this Land Development Code).\\par\nJ.\\tab Environmental Constraints. Any \\i Data Center\\i0  building, generator, or utility substation shall not be allowed on any area of the development site identified as having an environmental constraint (see Section 4.6.2.A of this Land Development Code). An environmental impact study showing compliance with all applicable state and federal laws, regulations, orders and/or policies, as well as demonstrating there will be no negative impacts to air quality, water use, water quality, water supply, federal jurisdictional wetlands, or natural resources, shall be required as part of any application.\\par\nK.\\tab Electricity Consumption. Prior to commencing with development of the \\i Data Center\\i0 , a transmission study request shall be filed with the Louisville Gas and Electric Company. Prior to operation, there shall be an executed service agreement. Any Power Plant or Alternative Energy System that is part of the development shall be permitted independently as a Power Plant or Alternative Energy System, accessory or non-accessory, pursuant to Chapter 4, Parts 2 and 3 of this Land Development Code.\\par\nL.\\tab Water Usage/Consumption. Prior to commencing with development of the \\i Data Center\\i0 , the developer shall obtain a \\ldblquote Will Serve Letter\\rdblquote  or other acceptable documentation demonstrating serviceability from the Louisville Water Company. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\\par\nM. \\tab Wastewater/Stormwater. Prior to commencing with development of the \\i Data Center\\i0 , the developer shall obtain a \\ldblquote Will Serve Letter\\rdblquote  or other acceptable documentation demonstrating serviceability from the Louisville Metropolitan Sewer District. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\\par\nN.\\tab Public Utility Capacity. As part of the registration application, the applicant shall provide documentation demonstrating that public utility capacity and related infrastructure is, or will be made, available to ensure that the utility requirements of the \\i Data Center\\i0  can be accommodated without adverse effect on the cost of service to other customers.\\par\nO.\\tab Low Impact Site Design. Development plans shall:\\ulnone\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul 1.\\tab Minimize land disturbance by limiting land disturbance to only those areas necessary for improvements to occur and avoiding disturbing portions of the site that have existing slopes greater than 15%;\\par\n2.\\tab Maximize tree preservation by maintaining and conserving at least 40% of any existing tree canopy and meeting all other applicable requirements in Chapter 10 Part 1 of this Land Development Code;\\par\n3.\\tab Minimize impervious surfaces by setting aside a minimum of 20% of the gross acreage of land in the development site for vegetated open space; and\\ulnone\\par\n\\ul 4.\\tab Minimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the immediate vicinity by complying with the noise and lighting requirements as set forth in this section and Chapter 4 Part 1 of this Land Development Code.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj P.\\tab Energy Efficiency. The development shall:\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Orient buildings to take advantage of passive cooling and daylight opportunities;\\par\n2.\\tab Utilize alternative energy systems as much as possible;\\par\n3.\\tab Provide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours;\\ulnone\\par\n\\ul 4.\\tab Utilize reclaimed water for cooling, if available;\\par\n5.\\tab Encourage systems that limit the use of finite natural resources and their disposal;\\par\n6.\\tab Incorporate water-efficient landscape materials;\\par\n7.\\tab Utilize LED exterior/interior lighting; and\\ulnone\\par\n\\ul 8.\\tab Implement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy\\rquote s Better Buildings initiative and U.S. Green Building Council\\rquote s LEED Certification system.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj Q.\\tab Emergency Contact Information. The \\i Data Center\\i0  shall provide signage with 24-hour emergency contact information that is visible at each access entrance. Signs shall include the company name (if applicable), the name and telephone number of a representative of the operator, and a telephone number to report emergencies to the Louisville Gas and Electric Company.\\par\nR.\\tab Ownership Disclosure. The application shall disclose the identity of parties in interest to the public.\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Any person or entity holding real property in the form of a partnership, limited partnership, corporation, assignment of interest, trust, option, assignment of beneficial or contractual interest, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall make a public disclosure, in writing of such, under oath, and subject to the penalties prescribed for perjury. In the case of a trust, the trustee must sign the affidavit.\\par\n2.\\tab This written disclosure shall be made at the time of application, on a form provided by the Office of Planning. The disclosure information shall include the name and address of every person having a beneficial or contractual interest in the real property, however small or minimal. All evidence submitted shall be subject to the Planning Director\\rquote s satisfaction. \\par\n3.\\tab Exemptions to the requirements of this section include the beneficial interest which is represented by stock in corporations registered with the federal securities exchange commission.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj S.\\tab Primary User Disclosure. The application shall disclose the identity of the primary user of the \\i Data Center\\i0 . The primary user is the entity with the most usage of the facility and/or the operator of the \\i Data Center.\\par\n\\i0 T.\\tab Registration. Prior to commencing development or operating, the property owner shall register the \\i Data Center\\i0  with the Office of Planning. At that time, the Planning Director or their designee shall determine compliance with the provisions of this section. The Director may deny the registration for failure to comply with any provision. \\par\nU.\\tab An application shall include a decommissioning plan that provides the following at a minimum:\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul\\f0 1.\\tab Definition of the scope of the decommissioning process: full or partial decommission;\\ulnone\\f1\\par\n\\ul\\f0 2.\\tab Anticipated timeline for the decommissioning process;\\ulnone\\f1\\par\n\\ul\\f0 3.\\tab Identification of the required compliance measures with local, state and federal building code and environmental regulations;\\ulnone\\f1\\par\n\\ul\\f0 4.\\tab An inventory removal plan including asset disposition, e-waste tracking reports and hazardous materials handling;\\ulnone\\f1\\par\n\\ul\\f0 5.\\tab Identification of the required documentation for the destruction of inventory; and\\ulnone\\f1\\par\n\\ul\\f0 6.\\tab A facility restoration plan including the removal of all equipment, restoration of the building ensuring that it is a building code compliant structure, and remediation of any environmental impacts and hazardous materials associated with the operation of the data center, up to contemporary standards defined by the environmental regulatory authority.\\ulnone\\f1\\par\n\\pard\\ltrpar\\fi-360\\li360\\ul\\f0\\par\n\\pard\\ltrpar\\qj\\b 4.3.36 Telecommunications Data Centers\\f1\\par\n\\b0\\i\\f0 Telecommunications Data Centers\\i0  with 50,000 square feet or less of floor area are permitted in the C-3, C-M, EZ-1, M-1, M-2, M-3, PEC, and PRO districts subject to the following standards. \\i Telecommunications Data Centers\\i0  with 50,001 to 250,000 square feet of floor area are permitted in EZ-1, M-2, M-3, and PEC districts subject to the following standards. Any increase is the square footage of \\i White Space \\i0 at a lawfully nonconforming \\i Telecommunications Data Center\\i0  that was established prior to the effective date of the requirements in this section shall be in a C-3, C-M, EZ-1, M-1, M-2, M-3, PEC, or PRO district; not exceed 50,000 square feet in total floor area for the development site; and new development associated with the expansion shall be in compliance with this section.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj A.\\tab The \\i Data Center \\i0 shall be directly associated with a \\i Telecommunications Facility\\i0  and/or exclusively serve a telecommunication service provider that provides telecommunications services to clients or customers in Louisville Metro\\par\nB.\\tab Form districts.\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1. A \\i Data Center\\i0  with 50,000 square feet or less of floor area shall be located in a Campus, Downtown, Regional Center, Suburban Workplace, Traditional Marketplace Corridor, Traditional Workplace, or Urban Center Neighborhood Form District.\\par\n2.  A \\i Data Center\\i0  with 50,001 to 250,000 square feet of floor area shall only be located in a Campus, Regional Center, Suburban Workplace, or Traditional Workplace Form District.\\ulnone\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\ul C. \\tab Separations.\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Any \\i Data Center\\i0  with 50,000 square feet or less of floor area, or any generator or utility substation associated with such a center, shall be at least 25 feet from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the development.\\par\n2.\\tab Any \\i Data Center\\i0  with 50,001 to 250,000 square feet of floor area, or any generator or utility substation associated with such a center, shall be at least 200 feet from any structure containing a dwelling unit, nursing home, hospital, residential care facility, rehabilitation home, transitional housing, homeless shelter, child care center, or school (elementary, middle, or high) in existence at the time of the development.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj D.\\tab Generators. \\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Any generator that is used as part of an energy backup system for the \\i Data Center\\i0  shall a) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel), or battery (such as Energy Storage Systems or ESS) or b) be classified as, or similar to, a Tier IV diesel generator per the EPA\\rquote s emissions standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators.\\par\n2.\\tab In the Downtown, Traditional Marketplace Corridor, and Urban Center Neighborhood Form Districts, any generator shall be located within a building or enclosed.\\par\n3.\\tab Any generator located outside of a building shall not be tested more than once per week, with testing only occurring during the hours of 8 AM to 5PM, Monday through Friday.\\par\n4.\\tab Generators are only permitted for emergency use. An emergency for purposes of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of facilities for the generation, transmission or distribution of electric power.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj E.\\tab Outdoor lighting. Lighting shall comply with the standards of Section 4.1.3 of this Land Development Code.\\par\nF.\\tab Noise.\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Any equipment associated with the facility shall not generate any noise that equals or exceeds a measured sound level of 65dBA when measured at or beyond any property boundary of the sound source.\\par\n2. To reduce noise impact on other uses in the immediate vicinity, generators should be enclosed within building courtyards or with walls having sound attenuation properties.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj G.\\tab Fire Suppression System. Any fire suppression system shall meet all applicable building and life safety requirements. Areas within the building that host a server room are encouraged to be protected by a clean agent fire suppression system and an early smoke detection system (such as an Air-Sampling Smoke Detector (ASD) or VESDA (Very Early Smoke Detection Apparatus) system. The type of fire suppression system shall be approved by the Fire Protection District with jurisdiction.\\par\nH.\\tab Landscape Buffering and Street Trees. Buffering shall comply with the standards of Chapter 10 of this Land Development Code. Street trees are required along all public rights of way (excluding alleys) (see Section 10.2.8 of this Land Development Code).\\par\nI.\\tab Environmental Constraints. Any \\i Data Center\\i0  building, generator, or utility substation shall not be allowed on any area of the development site identified as having an environmental constraint (see Section 4.6.2.A of this Land Development Code).\\par\nJ.\\tab Ground Level Uses. If located in a Downtown, Traditional Marketplace corridor, or Urban Center Neighborhood Form District, offices, retail, or another appropriate use is required on the ground level along public street facing facades. Floor area associated with the \\i Data Center\\i0  shall not be located on the ground level along any public street facing fa\\'e7ade.\\par\nK.\\tab Electricity Consumption. Prior to application, a transmission study request shall be filed with the Louisville Gas and Electric Company. Prior to operation, there shall be an executed service agreement. Any Power Plant or Alternative Energy System that is part of the development shall be permitted independently as a Power Plant or Alternative Energy System, accessory or non-accessory, pursuant to Chapter 4, Parts 2 and 3 of this Land Development Code.\\par\nL.\\tab Water Usage/Consumption. As part of the application, the developer shall provide a \\ldblquote Will Serve Letter\\rdblquote  or other acceptable documentation demonstrating serviceability from the Louisville Water Company. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\\par\nM. \\tab Wastewater/Stormwater. As part of the application, the developer shall provide a \\ldblquote Will Serve Letter\\rdblquote  or other acceptable documentation demonstrating serviceability from the Louisville Metropolitan Sewer District. The Will Serve Letter shall confirm that the utility service has the capacity and are committed to providing service to the development.\\par\nN.\\tab Public Utility Capacity. As part of the application, the applicant shall provide documentation demonstrating that public utility capacity and related infrastructure is, or will be made, available to ensure that the utility requirements of the \\i Data Center\\i0  can be accommodated without adverse effect on the cost of service to other customers.\\par\nO.\\tab Low Impact Site Design. Development plans shall:\\ulnone\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj\\ul 1.\\tab Minimize land disturbance by limiting land disturbance to only those areas necessary for improvements to occur and avoiding disturbing portions of the site that have existing slopes greater than 15%;\\par\n2.\\tab Maximize tree preservation by maintaining and conserving at least 40% of any existing tree canopy and meeting all other applicable requirements in Chapter 10 Part 1 of this Land Development Code;\\par\n3.\\tab Minimize impervious surfaces by setting aside a minimum of 20% of the gross acreage of land in the development site for vegetated open space; and\\ulnone\\par\n\\ul 4.\\tab Minimize potential nuisance impacts (noise, glare, vibration, etc.) on adjacent properties, public roadways, and the immediate vicinity by complying with the noise and lighting requirements as set forth in this section and Chapter 4 Part 1 of this Land Development Code.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj P.\\tab Energy Efficiency. The development shall:\\par\n\\pard\\ltrpar\\fi-360\\li1080\\qj 1.\\tab Orient buildings to take advantage of passive cooling and daylight opportunities;\\par\n2.\\tab Utilize alternative energy systems as much as possible;\\par\n3.\\tab Provide an energy storage system to monitor and regulate usage of alternative energy for usage during off-peak hours;\\ulnone\\par\n\\ul 4.\\tab Utilize reclaimed water for cooling, if available;\\par\n5.\\tab Encourage systems that limit the use of finite natural resources and their disposal;\\par\n6.\\tab Incorporate water-efficient landscape materials;\\par\n7.\\tab Utilize LED exterior/interior lighting; and\\ulnone\\par\n\\ul 8.\\tab Implement energy management best practices and carbon reduction techniques such as, but not limited to, those promoted through the U.S. Department of Energy\\rquote s Better Buildings initiative and U.S. Green Building Council\\rquote s LEED Certification system.\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj Q.\\tab Emergency Contact Information. The \\i Data Center\\i0  shall provide signage with 24-hour emergency contact information that is visible at each access entrance. Signs shall include the company name (if applicable), the name and telephone number of a representative of the operator, and a telephone number to report emergencies to the Louisville Gas and Electric Company.\\par\nR.\\tab User Disclosure. The application shall disclose the identity of the user of the \\i Data Center\\i0 . \\i\\par\n\\i0 S.\\tab Registration. Prior to commencing development or operation, the property owner shall register the Telecommunications Data Center with the Office of Planning. At that time, the Planning Director or their designee shall determine compliance with the provisions of this section. The Director may deny the registration for failure to comply with any provision. \\par\n\\pard\\ltrpar\\qj\\ulnone . . . . \\f1\\par\n\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\f0 SECTION VI\\b0 : Chapter 4 of the LDC, Part 4 - Accessory Uses and Miscellaneous Standards is hereby amended to add a new provision as 4.4.15:\\f1\\par\n\\pard\\ltrpar\\qj\\b\\f0 Chapter 4 Part 4 Accessory Uses and Miscellaneous Standards\\f1\\par\n\\b0\\f0 . . . . \\f1\\par\n\\b\\par\n\\ul\\f0 4.4.15 Accessory Data Centers\\f1\\par\n\\b0\\i\\f0 Accessory Data Centers\\i0  may be permitted subject to the following standards:\\par\n\\pard\\ltrpar\\fi-360\\li720\\qj\\ulnone A.\\tab\\ul The \\i Accessory Data Center\\i0  may only provide data services, including the storage, processing, management, and/or distribution of data, to the business, institution, or organization associated with the \\i Principal Use\\i0  only. \\f1\\par\n\\ulnone\\f0 B.\\tab\\ul The \\i Accessory Data Center\\i0  shall not be used as a colocation facility, providing data services to off-site users not associated with the \\i Principal Use\\i0\\f1 .\\par\n\\ulnone\\f0 C.\\tab\\ul Data Center White Space shall not exceed the lesser of 25,000 square feet or 49.9% of the total square footage associated with its Principal Use.\\par\n\\ulnone D.\\tab\\ul Generators. Any generator that is used as part of an energy backup system for the \\i Data Center\\i0  shall 1) be powered by propane, natural gas, hydrogen fuel cell, bi-fuel (natural gas/diesel) or battery (such as Energy Storage Systems or ESS) or 2) be classified as, or similar to, a Tier IV diesel generator per the EPA\\rquote s emission standards. Battery backup systems are permitted to provide instantaneous power during the switchover to generators. Any generator located outside of a building shall not be tested more than once per week, with testing only occurring between the hours of 8 AM to 5 PM, Monday through Friday. The Planning Director may approve an alternative generator type or testing times upon receipt of documentation that neighboring properties would not be adversely impacted. Generators are only permitted for emergency use. An emergency for purposes of this section is defined as an unexpected inadequate supply of electric energy which may result from the unexpected outage or breakdown of facilities for the generation, transmission or distribution of electric power.\\f1\\par\n\\pard\\ltrpar\\qj\\f0 Any \\i Data Center\\i0  that does not conform to this section shall not be considered an \\i Accessory Data Center\\i0  and is subject to the regulations and standards in Section 4.2.68, 4.2.69, 4.3.35 and 4.3.36 of this Land Development Code.\\f1\\par\n\\ulnone\\f0 . . . . \\f1\\par\n\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\f0 SECTION VII\\b0 : Table 9.1.3.B Minimum and Maximum Motor Vehicle Parking Based on Use is hereby amended as follows:\\par\n\\pard\\ltrpar\\qj\\b Table 9\\f1 .\\f0 1.3B Minimum and Maximum Motor Vehicle Parking Based on Use\\f1\\par\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2342\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4679\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7017\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\b0\\f0 GENERAL ACTIVITIES (LBCS Code)\\f1\\cell\\f0 SPECIFIC ACTIVITIES (LBCS Code)\\cell MINIMUM REQUIREMENT\\cell MAXIMUM REQUIREMENT\\cell\\f1\\fs22\\row\n\\f0\\fs24\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2342\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4679\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7017\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\intbl Industrial, manufacturing and waste related (3000)\\cell\\cell\\cell\\cell\\f1\\fs22\\row\n\\fs24\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2342\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4679\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7017\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\intbl\\cell\\ul\\f0 Data Center\\f1\\cell\\f0 To be determined by Director or designee\\ulnone\\f1\\cell\\ul\\f0 To be determined by Director or designee\\f1\\cell\\ulnone\\fs22\\row\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs \\cellx2342\\clbrdrt\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs \\cellx4679\\clbrdrt\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs \\cellx7017\\clbrdrt\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\f0\\fs24 . . . . \\f1\\cell\\cell\\cell\\cell\\fs22\\row\n\\pard\\ltrpar\\qj\\f0\\fs24 . . . . \\f1\\par\n\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\b\\f0 SECTION VIII:\\b0  Table 10.2.4 Property Perimeter Landscape Buffer Areas is hereby amended as follows:\\par\n\\pard\\ltrpar\\qj\\b Table 10\\f1 .\\f0 2\\f1 .\\f0 4 Property Perimeter Landscape Buffer Areas\\f1\\par\n\\b0\\f0 . . . . \\par\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs \\cellx1800\\clbrdrt\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs \\cellx6238\\clbrdrt\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\b\\f1\\cell\\b0\\f0 Table 10.2.1 Intensity Classes and Zoning Districts\\f1\\cell\\b\\cell\\b0\\fs22\\row\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1800\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6238\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\f0\\fs24 Intensity Class\\f1\\cell\\b\\cell\\b0\\f0 STEP 1\\b\\f1\\cell\\b0\\fs22\\row\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1800\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6238\\clbrdrl\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\f0\\fs24 . . . .\\b\\f1\\cell\\cell\\b0\\f0 Determine the intensity\\f1\\cell\\fs22\\row\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1800\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6238\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9355\\pard\\intbl\\ltrpar\\sl252\\slmult1\\f0\\fs24 5\\f1\\cell\\f0 M-2, M-3, EZ-1, PD (industrial use), PEC (industrial uses), W-1 (industrial use), W-2 (industrial use), W-3, utility substations, landfills, treatment plants or similar uses, cell towers\\ul , \\i Data Centers\\i0  of greater than 50,000 square feet\\f1\\cell\\ulnone\\f0 Class for the proposed use and adjacent sites.\\f1\\cell\\fs22\\row\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\f0\\fs24 . . . .\\b\\f1\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\f0 SECTION IX:\\b0  This Ordinance shall take effect upon its passage and approval, or otherwise becoming law.\\f1\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\par\n\\fs22\\par\n\\pard\\ltrpar\\fi-10\\li10\\ri5\\sl252\\slmult1\\f0\\fs24 ________________________________\\tab\\tab ________________________________\\f1\\par\n\\f0 Sonya Harward\\tab\\tab\\tab\\tab\\tab Brent Ackerson\\f1\\par\n\\f0 Metro Council Clerk\\tab\\tab\\tab\\tab\\tab President of the Council \\par\n\\par\n\\f1\\par\n\\par\n\\f0 ________________________________\\tab\\tab ________________________________\\par\nCraig Greenberg\\f1\\tab\\tab\\tab\\tab\\tab\\f0 Approval Date\\par\nMayor\\f2\\fs22  \\f0\\fs24  \\f1\\fs22\\par\n\\pard\\ltrpar\\sl252\\slmult1\\f0\\fs24  \\f1\\par\n\\pard\\ltrpar\\fi-10\\li10\\sa5\\sl240\\slmult1\\b\\f0 APPROVED AS TO FORM: \\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\sa19\\sl252\\slmult1\\b\\f0\\fs24  \\b0\\f1\\fs22\\par\n\\pard\\ltrpar\\fi-10\\li-5\\sa3\\sl264\\slmult1\\qj\\f0\\fs24 Michael J. O\\rquote Connell \\f1\\fs22\\par\n\\f0\\fs24 Jefferson County Attorney \\f1\\fs22\\par\n\\pard\\ltrpar\\sl252\\slmult1\\f0\\fs24  \\f1\\fs22\\par\n\\fs24\\par\n\\f0 By:  ____________________________\\f1\\par\n\\f0  \\f1\\fs22\\par\n\\pard\\ltrpar\\sa43\\sl252\\slmult1\\f0\\fs16 O-251-26 Amend Land Development Code Regarding Data Centers 09\\f1 -\\f0 03-26 (lf)\\f1\\par\n}\n"}