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The Data Center Divide

City of Hot Springs

Neutral Data Center Policies

Hot Springs allows data centers in industrial districts with conditional-use approval and city noise rules, adding review and compliance requirements but not prohibiting them.

current law · City of Hot Springs
Requires data centers, including digital-asset-mining facilities, to obtain conditional-use approval in the light- or heavy-industrial districts and comply with the city’s noise regulations.Hot Springs Code of Ordinances, Title 16, Chapter 2, Article X, § 16-2-80 (2024)

What this means

The code allows data centers in industrial districts, but requires conditional-use approval, which can add review time and uncertainty. They must also follow city noise rules, so the overall effect is a meaningful but not prohibitive burden.

People behind it

  • Recommended that the Board of Directors adopt the proposed zoning ordinance.

  • Enacted the ordinance and adopted the zoning code.

  • Approved the ordinance as mayor.

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  • Attested the ordinance as city clerk.

  • Approved the ordinance as to legal form as city attorney.

  • Responsible for enforcing the zoning code and exercising specified administrative powers under it.

Restrictions & requirementsHide restrictions & requirements4
  • Data centers are conditional uses in the I-L and I-H districts and are not allowed in districts where the use matrix is blank. Conditional-use approval is not automatic: the Planning Commission may approve, conditionally approve, or deny an application after review. The process includes published, mailed, and posted notice at least 15 days in advance, with mailed notice to owners within 200 feet; approval findings address public safety, compatibility, site design, traffic, safeguards, and utilities. The use matrix marks data centers conditional and conditional uses must be evaluated individually.

  • Data centers must comply with the city’s noise regulations in Title 5, Chapter 4. The general performance standards also require all uses to comply with city noise rules and prohibit off-lot detectable vibration and off-lot detectable glare or heat; they also regulate dust, pollution, hazardous-waste handling, odors, and fire or explosion hazards. Data centers are subject to noise regulations and performance standards apply to all uses.

  • Because a data center is a nonresidential use, a lighting plan is required. Outdoor lighting must meet the code’s controls, including full-cutoff luminaires and a maximum of one foot-candle at any lot line. A lighting plan is required for all nonresidential uses.

  • A building permit is required before a structure is erected, altered, moved, or extended. A new structure may not be occupied without a certificate of occupancy, and a change of use in an existing structure also requires one. No structure may be erected, altered, moved, or extended until a building permit has been issued and a change of use in an existing structure requires a certificate of occupancy.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are listed as conditional uses in the I-L Light Industrial and I-H Heavy Industrial districts, providing a route to approval there; they are not permitted by right, and the use matrix lists them as unavailable in districts with blank entries. Data centers are conditional uses

  • A data center’s conditional-use application is considered by the Planning Commission, which may approve it, approve it with conditions, or deny it. Approval requires findings on matters including public safety, compatibility, district rules, access and parking, safeguards, and utility availability. The Planning Commission must either approve

  • Data centers are subject to the City’s noise regulations in Title 5, Chapter 4; this is an operating requirement, not an exemption. Subject to the noise regulations

  • An existing lawful use that became conditional under the new code is deemed approved, and previously approved conditional uses remain in effect. These transition rules can protect an existing data center’s lawful operation, but do not remove applicable use standards or approval conditions. Previously lawful permitted uses now conditional

  • A planned development may be approved in any district, and the City may grant exceptions to district use regulations. This can provide an alternative path for a data-center proposal, but exceptions require enhanced design and amenities, must satisfy approval standards, and require Board of Directors approval. A planned development is authorized in all districts

Sources

current law · City of Hot Springs
Establishes no data-center-specific rules; the materials provide general city information and list ordinances.Hot Springs Ordinance 23-17 (2023)

What this means

The sources describe Hot Springs and list city ordinances, but show no data-center-specific rules, incentives, or restrictions. Based on these sources, the measure would have no meaningful effect on building or operating data centers (2023 ordinances).

Sources

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