by Abigail Roberts
The Lincoln County Fiscal Court held the first reading of an ordinance relating to the location, operation and decommissioning of data centers this week.
The ordinance was proposed by the Lincoln County/Cedar Creek Planning Commission which identified a need to make a revised provision for Data Centers in the Land Use Regulations of Lincoln County.
“…this ordinance is to facilitate the regulation, siting, development, construction, installation and decommissioning of Data Centers in Lincoln County, Kentucky in a predictable manner that promotes and protects the safety, health and welfare of the community,” the ordinance states. “This ordinance encourages the appropriate siting of Data Centers in Lincoln County, Kentucky to bolster the local economic development and job creation, diversify the state’s energy portfolio, strengthen energy and grid security, and reduce other environmental impacts.”
The ordinance states that the appropriate siting of data centers in Lincoln County considers, avoids to the extent possible and mitigates any adverse impacts to wildlife, productive and nationally important agricultural lands, forests, endangered species habitat and historical, natural and other sensitive lands.
“The appropriate siting of data centers in Lincoln County, Kentucky also establishes standards and requirements to ensure that the protection, use and enjoyment of lands located adjacent to and in the proximity of data centers are fully protected,” the ordinance states.
The P&Z Commission voted to recommend to the Lincoln County Fiscal Court that the new text be added to a new Section 1600 as a Light Industrial (L-1) zone.
According to the ordinance, a data center will only be allowed in the Industrial Zoning District.
No data center shall be located on:
• lands where buildings, cooling equipment, generators or other appurtenances are located with slopes over 20% or which are prone to flooding, soil or geological instability;
• where the disposal or release of any hazardous substance, pollutant, or contaminant from a data center could affect karst terrain;
• where the structure or facility will restrict the flow of a 100-year flood, reduce the temporary storage capacity of the floodplain, or be placed in a manner likely to increase flood frequency, velocity, or heights so as to pose risk or hazard to human health, property, wildlife or land or water resources;
• or in wetlands or within 50 feet of the boundary of any wetland.
The ordinance also requires a setback of at least 350 feet from all outer perimeter property lines of the data center regardless of the zoning classification of the adjacent property. It requires a setback of at least 600 feet from any Residential District.
The ordinance also addresses structure height, lot coverage and impervious surface as well as design standards, lighting, buffering/screening/landscaping, and perimeter security fencing.
A large section of the ordinance relates to noise and the standards data centers must meet.
“Noise from operations, including primary and accessory structures and uses and energy systems, shall not exceed 40 dBA or 60 dBC(6) between 10 p.m. and 7 a.m. and shall not exceed 45 dBA or 65 dBC at any other times at any external perimeter property line,” the ordinance states.
In addition to the decibel limits, operations shall not generate vibration, oscillation or infrasound that cause perceptible resonance within any building or adverse impacts on the human body including but not limited to dizziness, headaches, nausea, sleep disturbance or other recognized health effects.
A Noise Assessment, Monitoring and Mitigation plan shall accompany any site plan application.
The ordinance also regulates utility and infrastructure; generator and testing requirements; cooling requirements; water management; waste heat; low impact and energy efficiency considerations; and avoidance of nuisance conditions.
Section 6 of the ordinance states what will be required of any application for a site plan review for a data center in Lincoln County.
Magistrates voted unanimously to pass the first reading of the ordinance. Lincoln County Judge-Executive Woods Adams said Thursday that there are no current, active data center proposals in the county but there has been some interest.
View the full text of the first-reading of the ordinance below:
