City of Monticello
Anti-Data Center Policies
Monticello allows data centers only in a special zoning district, requiring rezoning and a conditional-use permit; they are barred elsewhere. Applicants must demonstrate adequate utilities and meet financial, noise, setback, and screening requirements.
current law · City of MonticelloCreates a special zoning district for data centers in Monticello, requiring city approval and setting rules for location, utilities, noise, lighting, screening, and infrastructure costs.City of Monticello Ordinance — Data Center Planned Unit Development (DCPUD), amending Title XV, Chapter 153 of the Monticello City Code
What this means
The ordinance creates a route for data centers, but only in a special zoning district, with rezoning and a conditional-use permit; they are prohibited in all other zoning districts. Applicants must also show that utilities can handle the project, provide financial guarantees, and meet substantial noise, setback, and screening requirements, making development significantly harder and costlier.
People behind it
- City of Monticello
The City undertook the public process to create the data center zoning ordinance. “undertook a public process to create a zoning ordinance”
- Monticello City Council
The Council approved and adopted the ordinance on April 27, 2026. “voting to approve the Data Center Ordinance”
- Jennifer Schreiber, City Clerk
The ordinance directs the City Clerk to incorporate its changes into the official City Code. “directed to make the changes required by this Ordinance”
Restrictions & requirementsHide restrictions & requirements22
Data centers and campuses must use the Data Center Planned Unit Development (DCPUD) process and obtain a conditional use permit; they are prohibited in all other zoning districts. Rezoning is limited to qualifying locations guided for Light Industrial Park and, if already inside the city, zoned I-1. Data Center/Data Center Campus
The City Council has discretion to deny DCPUD rezoning or a conditional use permit; the ordinance provides no inherent right or expectation of approval. Applications must address the listed approval criteria, including land-use compatibility, utility and electric capacity, transportation, public benefits, and external impacts. There shall be no inherent right to rezoning
Applicants must provide financial guarantees for necessary public utilities, transportation, services, infrastructure, and mitigation, and demonstrate that the project will not limit utility service or capacity for other existing or planned users. provide financial guarantees
If state law requires an environmental assessment worksheet, environmental impact statement, or alternative urban areawide review, that review must be completed before the DCPUD application. completed prior to application
A conditional use permit cannot be approved unless the land has first been rezoned DCPUD, and no work permit may issue until the applicant satisfies the district performance standards and approval conditions. No permit for work within the DCPUD
Accessory data centers are conditionally permitted only in I-1 and I-2 districts. The definition also excludes accessory facilities with unshielded mechanical equipment or external power generation equipment. conditionally permitted in I-1 and I-2 districts only
The DCPUD prohibits data mining, outdoor storage, cargo and similar shipping containers, commercial wind systems, commercial telecommunications towers, and ground-mounted solar systems. specifically prohibited in the DCPUD
Each DCPUD and each developed phase must meet a minimum data-center floor-area ratio: 0.25 for sites under 100 acres, decreasing by acreage tier to 0.20 for sites of 500 acres or more. minimum data center floor area ratio
Principal and accessory structures and uses must meet setbacks that vary by neighboring land use and whether mechanical equipment is screened; the tables require setbacks ranging from 50 to 700 feet, with larger setbacks for some equipment and sites over 300 gross acres. minimum setback
Principal buildings are limited to 50 feet in height; accessory and temporary structures are limited to 25 feet. Private telecommunications antennas may reach 100 feet, and substation equipment is exempt from the height limit. Building exterior finishes are restricted to specified materials. maximum height
Temporary construction staging must be fully paved and screened, temporary structures are limited to 25 feet, and construction activity is restricted to 8 a.m.–7 p.m., Monday through Saturday. operational hours of 8 AM – 7 PM
Noise must comply with Minnesota Pollution Control Agency rules. The ordinance requires a third-party ambient noise study before approval, another study before operations begin, mitigation if limits are exceeded, a complaint-response liaison, and annual operational noise studies. An additional sound study shall be completed once per year
Backup generators may be used only during a power outage; curtailment or voluntary shutdown does not count. Testing is allowed only 8 a.m.–5 p.m., Monday through Friday, and a testing schedule must be filed and approved annually by January 15. may only be used for backup electrical supply during a power outage
Lighting must produce zero foot-candles at property lines adjoining specified residential, civic, institutional, recreational, or parkland uses; external light sources must be at least 50 feet from specified property lines. The ordinance’s security-plan lighting exemption is unavailable in DCPUD areas. 0.0 footcandles at the property line
Specified outdoor equipment, parking and circulation areas, construction staging, and other outdoor facilities must be screened to 100% opacity from qualifying residential or recreational properties and public rights of way. This applies to security or chain-link fencing within 200 feet of the DCPUD boundary; chain-link fence with slats cannot be used for screening. fully screened to 100% opacity
A perimeter buffer is generally required around the entire DCPUD boundary, installed with the first phase and before other construction. It must include a berm at least 10 feet high and two staggered rows of evergreen trees; the buffer is not required where the boundary directly abuts existing industrial use. minimum height of 10’
Trash enclosures and storage must be inside a building meeting the ordinance’s materials requirements, and rooftop or wall-mounted mechanical equipment must be fully screened from adjoining properties and public rights of way. All trash enclosures and storage must be located within a building
The ordinance requires minimum landscaping, including established sod or seeding and irrigation in landscaped areas, except for approved native plantings. Fences and walls must use specified materials; security chain-link fencing must be black or black-coated vinyl and cannot have slats. shall provide irrigation systems
Applications require multiple plans, studies, and supporting materials, including noise and utility studies, site and grading plans, wetland and watercourse information, and—generally for sites over 20 acres—a traffic study. Applicants bear the costs of applications and preparation of submission materials, including required studies. All costs of application and preparation of submission materials
For sites over 20 acres, concept and rezoning submissions must include a stakeholder engagement plan; sites over 20 acres also require a traffic study and, if phased, a construction-impact plan addressing construction traffic, lighting, noise, vibration, and dust. For sites over 20 acres
A building-permit application for a principal structure in the first phase is due within five years of conditional-use-permit approval. The City Council may revoke approvals after that period; it may also revoke approval for undeveloped phases after a gap of more than five years between phases. Extensions require a timely written request and Council approval, with no guaranteed right to an extension. within 5 years
An amendment cannot introduce an inconsistent principal use or eliminate, diminish, or vary the minimum performance standards. The City Council may revoke the DCPUD and its permit for violations of approval conditions, following a public hearing. shall not eliminate, diminish, or vary
Benefits & exceptionsHide benefits & exceptions7
The ordinance creates a zoning district where data centers and data center campuses may be principal uses, subject to rezoning and a conditional use permit. The site must generally be guided for Light Industrial Park use, and approval is not automatic: data centers are listed as principal uses in the DCPUD.
The City Council may approve rezoning when a proposal does not meet an approval criterion if it specifically finds the issue has been mitigated, providing some flexibility in review: if inconsistent, where the City Council specifically finds.
Rezoning and conditional-use-permit hearings may be held concurrently, and environmental review for individual project components that require separate review may be completed after the application is filed: may run concurrently.
Data-center accessory facilities may be conditionally permitted in I-1 and I-2 districts, and may be added to previously approved PUDs by amendment: conditionally permitted in I-1 and I-2 districts only.
Within a DCPUD, the ordinance permits supporting uses including offices, outdoor generators, mechanical and electrical equipment, substations, parking, rooftop solar, EV charging, and certain antennas. Temporary construction staging, construction activities, and related storage or office buildings are also permitted, subject to standards: support facilities such as outdoor generators.
The ordinance provides a route for extending municipal utilities and other infrastructure to serve a DCPUD, including extension to the site’s furthest extent and dedication of rights-of-way or easements for future connections. The applicant must provide the required financial guarantees and bear attributable costs: financial guarantees for the installation of all municipal utilities.
Electrical substations serving a DCPUD are exempt from the district’s minimum performance standards and height limit, though they must still meet specified location, setback, lighting, and perimeter-buffer requirements. Transmission lines extended to the substation are exempt from the underground-utilities rule: Electrical substations directly serving the DCPUD shall be exempt.
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