City of Russellville
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Slightly Pro-Data Center Policies
Russellville has enacted a six-month pause on accepting or approving new data-center applications while it develops rules, delaying projects but not permanently banning them.
Rating from Arkansas statewide as there are no scored current or future laws outside temporary restrictions for City of Russellville.
current law · City of RussellvilleRequires data centers to obtain a special-use permit and meet noise-study and sound-mitigation requirements, while temporarily pausing new applications for six months as the city develops further rules.Russellville City Council six-month data-center moratorium ordinance
What this means
A six-month moratorium would stop the city from accepting or approving new data-center applications while it develops rules, substantially delaying projects. It is temporary, not a permanent ban, but the disruption is significant.
Timing
- Ends
- six months after adoption
The City Council amended the proposed 18-month moratorium to six months and approved it. The moratorium may be lifted earlier if the study committee completes its work; no separate extension condition is stated.
People behind it
- Justin Keller
Russellville City Council member who sponsored the temporary data-center moratorium ordinance
Restrictions & requirementsHide restrictions & requirements11
A six-month moratorium pauses the acceptance, processing, and approval of applications for developing, constructing, or siting new data centers within Russellville while a temporary committee studies and recommends regulations. The Council reduced the proposed 18-month period to six months and may lift it earlier if the committee finishes its work. The moratorium pauses applications for six months
Data centers are allowed only in the M-1 Light Industrial and M-2 Heavy Industrial districts and require a Special Use Permit rather than proceeding solely through an ordinary building permit. The permitted-use table lists data centers as special-permit uses
A Special Use Permit application must include a property survey, site plan, access and parking information, landscaping, signage, building elevations, nearby land uses within 200 feet, and any other information required by the Planning Commission. The application is subject to public-hearing and notification procedures, and the Planning Commission may impose conditions or deny it. Special-permit applications require a site plan and public hearing
Before construction or operation, the owner must obtain a third-party acoustic engineer's baseline sound study measuring noise at eight property-line locations and submit the report to Planning and Development within 30 days after completion. The baseline study must measure eight locations
The owner must obtain a noise-attenuation building plan from a third-party architectural or design firm, submit it with the Special Use Permit application, and receive Special Use Permit approval before applying for a building permit or beginning construction. Mechanical equipment must be fully screened on all sides. The building plan must be submitted with the Special Use Permit application
After completion, the operator must pay for a third-party post-construction noise study while HVAC equipment and generators operate at full capacity, using the same eight locations. The data center may not begin operating until the study is submitted and demonstrates compliance; noncompliance requires additional attenuation before operation. The Data Center shall not continue operations until the post-construction noise study
The operator must conduct another baseline/post-construction-style noise study on the anniversary of the first sound-study report and submit the results within 30 days. If the results show noncompliance, operation cannot commence until required attenuation and noise limits are met. The operator must conduct a noise study on the anniversary date
Data centers and other businesses or industries may not cause a noise disturbance within 1,500 feet of a residential or mixed-use zone. The limit is 65 dBA from 8 a.m. to 10 p.m. and 55 dBA from 10 p.m. to 8 a.m., measured at the receiving property line; violations require operations to stop until compliance is achieved. The noise thresholds apply within 1,500 feet
Any addition, change, or expansion of a data center must comply with the noise-limit requirements and be designed and submitted to Planning and Development within 30 days after completion of the applicable noise-study report. Additions, changes, or expansions must comply with the noise limits
Data centers must pay the applicable Special Use Permit application fee and sign-posting fee, in addition to the costs of the required third-party acoustic and architectural/design studies. The zoning fee schedule lists a $50 Special Use Permit fee plus a sign fee. The fee schedule lists the Special Use Permit fee
A building or data-center facility cannot be occupied or used until the Building Official issues a Certificate of Occupancy and confirms that the building and required on- and off-site improvements comply with the Zoning Code and other applicable codes. No building or structure may be occupied until a Certificate of Occupancy is issued
Benefits & exceptionsHide benefits & exceptions8
Data centers are expressly recognized as a permitted land-use category with Special Use Permit approval in the M-1 and M-2 industrial districts, rather than being prohibited outright.
The Special Use Permit is decided by the Planning Commission and does not currently require City Council approval, creating a shorter approval path for eligible data-center projects (special-use permits are decided by the Planning Commission).
In the M-1 and M-2 industrial districts, the zoning table sets no minimum lot size and no maximum building footprint for nonresidential uses, allowing large facilities to be sited and built without those stated dimensional limits (no minimum).
Industrial uses in M-1 and M-2 districts are exempt from the City’s commercial building-design standards, reducing façade, articulation, entrance, and related design requirements for data centers (Industrial uses within Industrial zoning districts).
Nonresidential uses have no fixed minimum number of parking spaces; instead, an applicant may submit a parking statement or analysis showing that the proposed parking is adequate, with shared parking also allowed (there shall be no minimum number of spaces required for non-residential use).
A lawful nonconforming data-center use may continue if later zoning changes make it impermissible, and the use may be enlarged or extended by up to 20% of the existing site or building area; it must generally conform if discontinued for more than six months (such use may be continued).
A lawful nonconforming structure may receive Planning and Development approval for an expansion of up to 20% of its existing square footage and for remodeling or additions that meet the applicable district’s area requirements (not increase by more than 20%).
Businesses or industries already operating when the noise regulation was adopted are exempt from the noise standard, except for additions constructed after adoption; this can protect an existing data center’s continuing operation if it satisfies the stated conditions (in operation upon the adoption date).
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