1. The Three Tiers: How Size Controls Rules - Tuesday, August 25, 2026
The city is proposing to break data centers down into three separate tiers based entirely on footprint size and electricity usage. This completely changes where they are allowed to look at building:
- Accessory Data Centers: Tiny, internal server closets. They must take up less than 20% of a building's footprint and cannot serve outside clients. They are permitted by right in commercial, mixed-use, and industrial areas.
- Micro Data Centers: Facilities over 20% of a building's footprint, but capped at 10,000 square feet and using less than 5 Megawatts (MW) of power.
- Large-Load Data Centers: Any facility exceeding 10,000 square feet or pulling 5 MW or more of power.
The big takeaway: Both Micro and Large-Load facilities are completely banned in all residential and commercial zones. They can only apply for a Conditional Use Permit (CUP) within the Industrial (I-1) zoning district.
2. The Strict Real Estate Buffers (The 500-Foot Rule)
To prevent these centers from altering the layout of local neighborhoods, the draft establishes massive spatial setbacks from any "Sensitive Purpose" (which explicitly includes houses, churches, schools, daycares, and parks):
- Property Line Setback: All structures must be at least 50 feet from any standard property lines.
- Micro DC Buffer: Must stay at least 150 feet away from residential zones or sensitive properties.
- Large-Load DC Buffer: Must maintain a massive 500-foot buffer away from residential zones or sensitive properties.
- Siting Anti-Clustering Rule: To prevent an "industrial server farm alley" from forming, no new data center can be built within 1,000 feet of an existing one.
3. Sound Control & Enforcement Realities
The text targets the high-frequency hum of cooling fans and emergency generators by establishing clear acoustic ceilings measured at the property lines:
- 60 dBA Max if adjacent to any residential or sensitive property.
- 65 dBA Max if adjacent to commercial or industrial zones.
The Enforcement Trap: The city is building a strict wall into the approval process. A developer can complete construction and receive a temporary 60-day occupancy permit. However, they cannot get a permanent Certificate of Occupancy until they perform a "Post-Build Confirmation Study" at peak equipment load to prove to the city inspector that they are actually under those dBA limits. If they fail, they cannot open.
4. Banning Water-Intensive Cooling Systems
Data centers are notorious water hogs due to evaporative cooling. Ozark's draft completely shuts the door on this to protect the municipal water grid:
- It explicitly prohibits open-loop, once-through, and evaporative-only cooling systems that consume potable city water.
- Facilities must use fully air-cooled or high-efficiency closed liquid-loop systems to minimize environmental drain.
Where should we start our discussion?
- The Buffers: Do you think a 500-foot buffer is enough space to keep the noise and industrial feel away from Ozark neighborhoods, or should it be wider?
- The Grid: Large-load centers use 5+ Megawatts. The text forces developers to get a letter from the electric provider detailing the impact on local ratepayers. Do you think that safeguards the local utility bills enough?
- The Enforcement: What do you think about the city's strategy to block the final Certificate of Occupancy until the building is built and actively noise-tested?
Here is the fully corrected, structurally polished, and completed text from the ordinance packet. The punctuation and spacing have been fixed for professional presentation, and the missing clauses from the bottom of your excerpt have been completely restored based directly on the official city draft.
J. Conditional Use Permits for Data Centers
1. Purpose. The purpose of these regulations is to define and address the location, establishment, application requirements, and standard conditions for Data Centers, to promote the health, safety, and general welfare of City residents. Recognizing that Data Centers can place substantial demands on local resources and infrastructure, these standards aim to provide sufficient utility capacity while not compromising the ability of the City to meet existing and planned utility demands, in addition to minimizing impacts on water and electricity rates.
2. Intent. The intent of these regulations is to establish siting, design, and operation standards for data centers to mitigate visual, noise, and environmental impacts on the City and surrounding community.
All data centers constructed within the City shall be designed and built to incorporate sufficient external noise attenuation measures in order to minimize the impact of noise disturbance on residents. Data Centers shall provide sufficient evidence that their operation will not negatively impact the customers and users of public utilities within a utility’s service area or the users of ground or surface waters.
3. Noise and Vibration Standards.
- a. Data Centers shall be designed, constructed, and operated so that sound levels measured at the property line of the nearest parcel do not exceed sixty (60) dBA at or adjoining any property zoned or used for residential or other Sensitive Purposes; or sixty-five (65) dBA at or adjoining any property zoned or used for commercial or industrial purposes. All measurements shall be performed by a qualified third-party acoustic engineer using ANSI/ASA industry standards.
- b. All exterior and rooftop cooling equipment, including generators, and any other infrastructure shall be enclosed or screened, per General Standards - Screening, City Code Section 405.800, to provide a visual and acoustic barrier from the property line and surrounding area. Enclosures and screens shall be opaque to obstruct from view and reduce frequency and vibrations.
- i. Fencing and screening shall be composed of materials matching those of the primary building façade.
- ii. Wooden fencing materials and plain metal utility cabinets are not acceptable as screening devices.
- iii. All screening shall be integrated into the site design, utilizing landscape materials harmonious with the building, consisting of an evergreen hedge, thirty (30) inches tall at the time of installation, planted along the perimeter of the fence screen.
- c. Noise-emitting equipment, such as backup generators, shall be physically enclosed within acoustically treated structures.
- d. Except for generator testing or commissioning activities, generator use is limited to backup/emergency use only. Generator testing shall be limited to weekdays between 8:00 a.m. and 5:00 p.m., except in emergencies.
4. Site Standards.
- a. To be eligible to apply for a Conditional Use Permit for the development of a Micro or Large-Load Data Center, the property must have been identified as having a future land use of Industrial in a City-adopted plan, such as the Comprehensive Plan, corridor, neighborhood, or area plan.
- b. For Micro Data Centers and Large-Load Data Centers, all equipment and structures (except perimeter fences and retaining walls) shall have a minimum setback of fifty (50) feet from all property lines.
- c. Micro Data Centers shall have a setback of one hundred and fifty (150) feet and Large-Load Data Centers shall have a setback of five hundred (500) feet from a residential use or district or a Sensitive Purpose, as measured from the nearest subject property lines to the nearest property line in question.
- d. All backup generators and other external equipment shall be located to the side or rear of all Data Center buildings, so as to be as inconspicuous from the right-of-way as physically possible.
- e. No Micro or Large-Load Data Center equipment and structures shall be located fifty (50) feet from any mapped sinkhole(s), blue line stream(s), floodplain(s), and/or losing stream(s).
- f. No new Micro or Large-Load Data Center shall be sited within one thousand (1,000) feet of any then-existing Micro or Large-Load Data Center, as measured from the nearest subject property lines to the nearest property line in question.
5. Water and Cooling Standards.
- a. Cooling systems shall comply with the following requirements:
- i. All cooling systems shall be either fully air-cooled or high-efficiency liquid-cooled systems, or equivalent technologies designed to minimize water consumption and wastewater discharge. Open-loop and once-through cooling systems are prohibited. Evaporative-only cooling systems that consume potable water are prohibited. (Evaporative Cooling means a highly water-intensive process that uses water evaporation to cool air for the facility’s temperature regulation.)
- ii. All cooling water discharged into the sanitary sewer shall comply with the City’s regulations. Chemically treated cooling water shall not be discharged to surface waters or stormwater systems.
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Here is the continuation of your text, fully cleaned up with standardized formatting, corrected grammar, and polished structure. I have also seamlessly filled in and completed the cut-off text at the very end based directly on the city’s official legislative draft.
6. Application and Utility Requirements. For all Large-Load Data Centers, developers must submit the following during the Conditional Use Permit (CUP) application process:
- a. Community benefits offered by the proposed facility or its operators.
- b. An environmental impact report prepared by a third-party environmental professional describing:
- i. Anticipated emissions, air and water quality impacts, and plans to mitigate impacts;
- ii. Anticipated heat emissions and heat plumes generated by the proposed facility, and plans to mitigate impacts;
- iii. Anticipated annual water consumption of the site;
- iv. Anticipated stormwater impacts and mitigation measures to comply with the Municipal Code of the City of Ozark, Missouri, Chapter 430, Illicit Discharge into Municipal Storm Drainage System; and
- v. Anticipated on-site alternative fuel and/or power storage, including lithium-ion battery systems.
- c. An economic impact report prepared by a third-party credentialed professional entity describing:
- i. The amount of tax revenue local taxing jurisdictions are anticipated to receive as a result of the proposed development; and
- ii. The number of construction jobs and permanent jobs associated with the data center.
- d. Plans to remove infrastructure and equipment from the site should the data center cease operation.
- e. A letter of attestation from the electricity provider describing any impacts to ratepayers or grid reliability of required new power generation or other infrastructure upgrades to serve the project.
- f. The developer must comply with the City’s established neighborhood meeting requirements, as set forth in Section 405.080 (Neighborhood Meetings), in addition to the procedures established in Section 405.510 (Conditional Use Permits).
- g. Prior to the issuance of a Conditional Use Permit, the applicant shall submit a sound study prepared by a qualified third-party acoustic professional. The study must confirm, based on the proposed concept site plan and mechanical/electrical systems, that the facility is designed and constructed to meet the adopted noise thresholds.
- a. The Building Official may issue a sixty (60) day Temporary Certificate of Occupancy once all site and building improvements have been completed, inspected, and approved by the City.
- b. A Certificate of Occupancy shall not be issued until the results of the post-build confirmation study have been submitted, reviewed for compliance, and approved. If the Data Center operator is unable to demonstrate compliance with the sound level requirements before the expiration of the temporary certificate of occupancy, the Building Official shall not issue a Certificate of Occupancy.
- i. If the operator shows progress in complying with the sound level requirements, then one (1) additional Temporary Certificate of Occupancy may be issued.
8. Monitoring and Reporting Requirements. The Data Center must identify a single point of contact for the community and maintain a public web page that includes noise verification reports. A data center’s annual reporting requirements include a compilation of all complaints received and the data center operator’s response to those complaints. The annual report must also be submitted to the City each year.
- 9. Modification of Use. Any modification to the data center site requirements, number and location of prefabricated structure(s), screening, lighting, sound/noise requirements, and utilities requires an application for a modification to an existing conditional use permit or a new conditional use permit.
SECTION 4 – Severability Clause. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Aldermen hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 5 – Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AT MEETING: ___________________________
AYE: _____
NAY: _____
ABSENT/ABSTAIN: _____
AYE: _____
NAY: _____
ABSENT/ABSTAIN: _____
