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The Data Center Divide

City of Perryville

Anti-Data Center Policies

Perryville allows data centers in industrial zones, but city licensing requires hearings, extensive studies and plans, community commitments, and compliance with water, cooling, and setback rules.

current law · City of Perryville
Requires data centers to obtain City Board approval and a license, locate in industrial districts, and meet requirements for public review, noise, water use, cooling systems, backup generators, landscaping, and eventual site cleanup.Missouri Perryville Ordinance 6842 (2026)

What this means

Although data centers are allowed in industrial zones, construction and operation require a city license, a public hearing, extensive studies and plans, and a community benefit agreement; the Board also has broad discretion to deny or revoke licenses (licensing requirements). Water-use limits, closed-loop cooling, noise rules, and other operating conditions add significant hurdles, even though the sound limits are less strict than under the earlier ordinance.

People behind it

  • Moved Bill No. 6665 for second reading and final passage; the motion was seconded by Alderman Buerck (“motion by Alderman Rice, seconded by Alderman Buerck”).

  • Seconded the motion to advance Bill No. 6665 for second reading and final passage (“motion by Alderman Rice, seconded by Alderman Buerck”).

  • Passed the amendment and is assigned authority to approve or deny data-center license applications (“application shall be approved or denied by the board of aldermen”).

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  • Receives data-center license applications under the ordinance (“applicant shall file an application with the city clerk”).

  • Administers enforcement of the chapter, including inspections and possible license revocation (“The City may inspect such sound levels”).

Restrictions & requirementsHide restrictions & requirements15
  • Data centers may be built only in industrially zoned districts, and construction or operation requires a city license. Industrial zoning and licensing

  • A license application must include extensive information, including ownership and affiliate details, a detailed site plan, a project narrative, utility-demand information, and evidence that electrical power is secured. Application requirements

  • Applicants must submit an engineer-certified Noise Impact Assessment, including baseline measurements over 24 hours at 8-hour intervals, measurements at the proposed building locations and every 400 feet along property lines, and specified sound analyses. Noise Impact Assessment requirements

  • The city may require additional plans, studies, and information, including utility and street impact fees as appropriate. Additional information and impact fees

  • The Board of Aldermen decides applications in its discretion after public notice and a hearing, and may consider the applicant’s history, application sufficiency, community benefits, and other effects on public health and welfare. Board review and approval criteria

  • At least one public hearing is required before a license is issued. Notice must be given at least 15 days beforehand to property owners and tenants within 500 feet of the proposed site and through a newspaper of general circulation. Hearing and notice requirements

  • A proposed Community Benefit Agreement is required with the application, and agreements must be presented to benefiting organizations and approved by the Board. Community Benefit Agreement requirements

  • If an application is denied, the applicant cannot reapply for 24 months unless the Board first gives permission. 24-month waiting period

  • At property lines, sound is limited to 65 dB(A), 70 dB(C), and no single tonal above 70 dB referenced to 20 micropascals. The limits do not apply during emergency-generator testing or actual emergencies; the Board may consider alternate standards or waive or modify the limits. Sound limits and exceptions

  • Closed-loop cooling is required and once-through cooling is prohibited. Water use may not exceed a 50,000-gallon-per-day 30-day average; exceeding it requires an agreement to increase city capacity by the amount used or offset additional production costs. Groundwater wells are prohibited. Cooling, water-use, and well restrictions

  • Buildings must meet specified appearance and construction expectations, qualify as real property under the county assessor’s definition, and cannot be housed in storage containers or other temporary or movable structures. Building and structure restrictions

  • Routine backup-generator testing must be coordinated with the city and limited to weekday business hours. Generators must be placed toward the site interior; placement at the perimeter requires Board approval. The city may impose additional operating restrictions. Generator testing and placement requirements

  • A landscaping plan is required during construction permitting, with vegetative buffers along rear and side property lines designed to reach at least 15 feet at maturity. Landscaping and buffer requirements

  • Changes to an approved site plan require Board approval and may lead to revocation of the license. The Board may also revoke a license for ordinance, law, regulation, or health-directive violations, or other reasons it deems necessary to protect public health and welfare. Site-plan changes and license revocation

  • A closed, vacated, or abandoned data center must be removed and the site restored within 12 months of ceasing operation, or it may be sold to the city for $1. Decommissioning requirement

Benefits & exceptionsHide benefits & exceptions4
  • Data center development is allowed by right in industrially zoned districts, although a city license to construct or operate is still required. Allowed by right in industrially zoned districts

  • The Board may approve an alternate sound standard based on a study of ambient noise, and may waive or modify the sound standards based on the center’s location and surrounding ambient noise. Alternate sound standard

  • The sound limits do not apply during emergency-generator testing or when generators operate during actual emergencies. Routine testing is otherwise limited to weekday business hours and must be coordinated with the City. Testing of emergency generator sets

  • For a vacated, closed, or abandoned center, the license may allow the operator to sell the facility to the City for $1 instead of removing it and restoring the site within 12 months. Sold to the City for the compensation of $1

Sources

current law · City of Perryville
Requires data centers in Perryville to obtain city approval before construction or operation and meet requirements for noise, water use, environmental impacts, fire safety, location, and cleanup when they close.Missouri Perryville Ordinance 6878 (2026)

What this means

Data centers could still be built in industrial zones, but they would need city approval and extensive materials, including an environmental impact assessment. The water-use and cooling limits, 500-foot setback, public hearing, and other requirements would make development substantially harder.

People behind it

  • Moved the motion to advance Bill No. 6665, the earlier amendment to Chapter 5.47, for final passage. motion by Alderman Rice

  • Seconded the motion to advance Bill No. 6665 and later seconded the motion to advance Bill No. 6682, which replaced Chapter 5.47. seconded by Alderman Buerck

  • Moved the motion to advance Bill No. 6682, replacing Chapter 5.47, for final passage. motion by Alderman Martin

Restrictions & requirementsHide restrictions & requirements18
  • A city license is required before a data center may be constructed or operated. License before construction or operation

  • Data centers are allowed by right only in industrially zoned districts. Allowed by right in industrially zoned districts

  • The license application requires extensive disclosures and materials, including applicant and affiliated-business ownership details, a site plan, stormwater plan, environmental impact assessment, and a professional-engineer-certified noise impact assessment. Required application materials

  • Applicants must also submit a project narrative, utility-demand information, a proposed community benefit agreement, a letter of support from Perry County School District 32, and written confirmation that electrical power is secured. The City may require additional studies and information, including utility and street impact fees as appropriate. Additional application requirements

  • The Board of Aldermen decides whether to approve the license in its absolute discretion, after public notice and a hearing, and may consider the application’s sufficiency, the applicant’s history, community benefits, and other public-welfare factors. Board approval and review factors

  • At least one public hearing is required before a license is issued; notice must be given at least 15 days beforehand to property owners and tenants within the city who live within 500 feet of the proposed site, and through a newspaper of general circulation. The Board may require additional hearings. Hearing notice and timing

  • Community benefit agreements must be presented to the organizations that would benefit and approved individually by the Board of Aldermen. Individual approval of agreements

  • If an application is denied, the applicant cannot reapply for 24 months unless the Board first permits it. 24-month reapplication restriction

  • Changes to an approved site plan require Board approval and may result in revocation of the license. Site-plan changes require approval

  • Noise at any point along the property line is limited to 65 dB(A), 70 dB(C), and no single tone above 70 dB referenced to 20 micropascals. Emergency-generator testing and operation during actual emergencies are exempt; the Board may approve alternate standards or waive or modify the limits. Sound limits and exceptions

  • Only closed-loop cooling systems are allowed; once-through cooling is prohibited. Water use is capped at 50,000 gallons per day averaged over 30 days. Exceeding the cap requires an agreement to increase City water capacity by the amount used or offset additional production costs, and groundwater wells are prohibited. Cooling and water-use limits

  • Data centers are treated as categorical industrial users of the sewer system and must meet the City’s pretreatment requirements; cooling-system discharge must be pretreated to a City-established standard or hauled away for treatment outside city limits. Wastewater treatment requirements

  • Fire protection must meet or exceed NFPA 75 and NFPA 76 standards. Fire protection standards

  • Buildings must be visually appealing and generally match nearby structures’ materials and workmanship; data centers cannot be housed in storage containers or other temporary or movable structures. Building and structure requirements

  • Routine backup-generator testing must be coordinated with the City and limited to weekday business hours, except in emergencies, utility interruptions, or other circumstances beyond the operator’s control. Generators must be located toward the property interior; placement at the perimeter requires express Board approval, and the City may impose further operating restrictions. Generator testing and placement rules

  • A landscaping plan is required during construction permitting, with vegetative buffers along rear and side property lines designed for an expected mature height of at least 15 feet. Landscaping and buffer requirement

  • A data center cannot be located within 500 feet of a residential structure, childcare facility, or sheltered workshop; distance is measured between the closest exterior walls. 500-foot separation requirement

  • A vacated, closed, or abandoned data center must be completely removed and the site restored within 12 months after operations cease, unless the Board chooses to have it sold to the City for $1. Decommissioning deadline and alternative

Benefits & exceptionsHide benefits & exceptions4
  • Data centers are allowed by right in industrially zoned districts, subject to the ordinance’s licensing requirements. Allowed by right in industrially zoned districts

  • The Board may allow alternate noise standards or waive or modify the stated limits based on the site and surrounding ambient noise. The limits also do not apply during emergency-generator testing or actual emergencies. The board may waive or modify the standards

  • If water use exceeds 50,000 gallons per day on a 30-day average, the operator may continue by agreeing to increase the City’s water capacity by the amount used or offset the cost of additional water production. Groundwater wells are not permitted. The operator shall enter into an agreement with the city

  • For a vacated, closed, or abandoned data center, the license may allow the operator to sell it to the City for $1 instead of removing it and restoring the site within 12 months; this option is at the Board’s discretion. They may be sold to the City for the compensation of $1

Sources

current law · City of Perryville
Requires data centers to obtain city approval before construction or operation and meet specific application, public-notice, environmental, noise, water-use, fire-protection, and location requirements.Missouri Perryville Ordinance 6894 (2026)

What this means

Although data centers would be allowed in industrial zones, building or operating one would require city approval and extensive studies, community commitments, and proof of secured power; the city could also deny the application at its discretion (license application requirements). The 500-foot separation rule and limits on water use add further hurdles, making development substantially harder (500 feet).

People behind it

  • Alderman who made the motion to read Bill No. 6682 for a second time and place it on final passage; identified sponsor.

  • Alderman who seconded the motions concerning Bill No. 6682; identified co-sponsor.

Restrictions & requirementsHide restrictions & requirements33
  • A person or business may not construct or operate a data center without first obtaining a city license.

  • Data centers may be located by right only in industrially zoned districts, and a license still requires approval by the Board of Aldermen in its absolute discretion after public notice and a public hearing.

  • The Board of Aldermen may not enter into a nondisclosure agreement with a company or person seeking to construct or operate a data center.

  • Applicants must disclose the applicant, affiliated business entities, controlling persons, and addresses of data centers operated by the applicant or affiliated entities.

  • Applicants must submit a detailed site plan covering buildings, setbacks, screening, fencing, access, parking, utilities, stormwater facilities, lighting, outdoor equipment, generators, substations, transformers, and other improvements.

  • Applicants must submit a Stormwater Pollution Prevention Plan meeting Missouri Department of Natural Resources standards and city requirements.

  • Applicants must submit an Environmental Impact Assessment addressing baseline conditions, environmental effects during construction, operation, emergencies, disasters, and decommissioning, hazardous materials, and mitigation measures.

  • Applicants must submit a professional-engineer-certified Noise Impact Assessment, including baseline measurements at proposed building locations, at 400-foot intervals along property lines, and at other locations the City requires; measurements must be taken at 8-hour intervals over 24 hours and include A-weighted, C-weighted, and narrowband results.

  • Applicants must provide a project narrative describing development phases, construction and generator-testing hours, staffing, truck traffic, security, cooling, backup power and fuel, utilities, water, wastewater, and sound and power mitigation.

  • Applicants must provide utility-demand information and, if required by the City, written evidence from utility providers concerning service availability and capacity.

  • Applicants must submit a proposed Community Benefit Agreement, and the agreement must be presented to benefiting organizations and individually approved by the Board of Aldermen.

  • Applicants must obtain a written letter of support from Perry County School District 32.

  • Applicants must provide written confirmation that electrical power has been fully sourced and secured, either through self-generation or Citizens Electric Cooperative.

  • The City may require additional plans, studies, information, utility fees, and street-impact fees to evaluate a proposed data center.

  • Any change to an approved site plan requires Board of Aldermen approval and may result in revocation of the data-center license.

  • Before a license is issued, at least one public hearing is required. Notice must be given at least 15 days beforehand to property owners and tenants within the city limits who live within 500 feet of the proposed data-center property lines, and notice must also be published in a newspaper of general circulation.

  • Data centers must meet property-line sound limits of 65 dB(A), 70 dB(C), and no single tonal sound exceeding 70 dB referenced to 20 micropascals; emergency-generator testing and actual emergencies are exempt.

  • If sound limits are exceeded, the operator must submit a compliance plan to the Board of Aldermen within 30 days and bring the facility into compliance within 90 days, unless the Board extends the deadlines.

  • The Board of Aldermen may impose, waive, or modify sound standards based on ambient noise and the data center's location.

  • Data centers may use only closed-loop cooling systems; once-through cooling systems are prohibited.

  • Data centers may use no more than 50,000 gallons of water per day on a 30-day average. Exceeding that amount requires an agreement to increase city water capacity by the amount used or to offset additional production costs.

  • The Board of Aldermen may not permit excavation or drilling for groundwater wells for data centers.

  • Data centers are treated as categorical industrial users of the city sewer system and must meet pretreatment requirements for cooling-system discharges or haul the discharge outside city limits for treatment in compliance with applicable law.

  • Data-center fire protection must meet or exceed NFPA 75 and NFPA 76 standards, and the city separately adopts the 2024 editions of those standards for data centers.

  • Data-center buildings must use visually appealing construction materials and workmanship generally matching nearby structures; storage containers and other temporary or movable structures may not be used.

  • Routine backup-generator testing must occur during weekday business hours unless an emergency, utility interruption, or other circumstance beyond the operator's control applies.

  • Backup generators must be located toward the interior of the property and may not be placed on the property perimeter without express Board of Aldermen approval; the City may impose additional restrictions on testing and generator sound, location, timing, frequency, and screening.

  • Developers must submit a landscaping plan, and vegetative buffers must be installed along rear and side property lines with an expected minimum mature height of 15 feet.

  • A data center may not be located within 500 feet of a residential structure, childcare facility, or sheltered workshop, measured between the closest external walls.

  • A denied applicant may not reapply for a data-center license for 24 months, unless the Board of Aldermen first grants permission to reapply.

  • A vacated, closed, or abandoned data center must be completely removed and the site restored within 12 months after operations cease, unless the Board instead allows the facility to be sold to the City for $1.

  • The Board of Aldermen may revoke a data-center license for ordinance, state or federal law, health-department violations, or any other reason it deems necessary to protect public health and welfare.

  • Repeated violations can result in business-license revocation, injunction proceedings preventing operation within Perryville, and recovery of the City's reasonable attorney fees.

Benefits & exceptionsHide benefits & exceptions7
  • Data center development is allowed by right in industrially zoned districts, subject to obtaining the required city license.

  • A single city license process can authorize both the construction and operation of a data center.

  • If water use exceeds the 50,000-gallon-per-day, 30-day-average limit, the operator may enter an agreement with the City to increase water capacity or offset the cost of additional water production.

  • The Board of Aldermen may approve an alternative sound standard based on a study of ambient noise at the proposed site.

  • The Board of Aldermen may waive or modify the specified sound limits based on the data center’s location and surrounding ambient noise.

  • The sound limits do not apply while emergency generators are being tested or operated during actual emergencies.

  • For a closed, vacated, or abandoned data center, the Board of Aldermen may allow the facility and site to be sold to the City for $1 instead of requiring complete removal and site restoration.

Sources

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