City of Burleson
Anti-Data Center Policies
Burleson restricts larger data centers to a designated industrial district, requiring permits, public review, and separation from homes and businesses. A separate enacted zoning change prohibits them on one roughly 56-acre site.
current law · City of BurlesonEstablishes the HI Heavy and High Energy Industrial District to accommodate industrial development, diversify employment, allow clean and compatible modern industry, and manage businesses with high energy consumption or potential noise and environmental impacts.City of Burleson Ordinance — HI Heavy & High Energy Industrial District (2026)
What this means
The measure would confine larger data centers—those over 20,000 square feet or 20 MW—to the new industrial district and require a specific use permit, site plan, and public hearing (permit and size thresholds). It also imposes separation distances from homes and commercial areas, making suitable sites and approval less certain; these are significant barriers, though not a ban (setbacks).
People behind it
- City Council of the City of Burleson
Proposed, enacted, and approved the ordinance adding the Heavy and High Energy Industrial District.
- Tony D. McIlwain
Development Services Director and author of the department memo recommending approval of the proposed ordinance.
- Amanda Campos
City Secretary directed by the ordinance to publish notice of its passage and penalty clause.
Restrictions & requirementsHide restrictions & requirements10
Data centers exceeding 20,000 square feet or using 20 MW of electricity require a specific use permit (SUP), rather than being allowed by right. The SUP process requires a site plan, a public hearing, and action by the Planning and Zoning Commission and City Council. Data centers greater than 20,000 sq feet or 20 MW of electricity
High-energy industrial uses, including qualifying data centers, are restricted to the HI Heavy and High Energy Industrial District; the ordinance states that such businesses are to be permitted only within that district. such businesses shall only be permitted within the boundaries of this District
A building or other structure requiring an SUP must be at least 200 feet from the nearest boundary of a zoning district allowing residential uses and at least 100 feet from the nearest retail or commercial zoning district. two hundred (200) feet
HI-district buildings are limited to two stories or 35 feet in height unless the special height requirements in Section 133 allow otherwise. No building shall exceed two stories or 35 feet
All HI-district uses must meet minimum yard setbacks, including a 40-foot front yard, a 40-foot rear yard next to commercial or industrial zoning, a 50-foot rear yard next to residential zoning, and side-yard setbacks of 20 or 25 feet depending on the adjoining zoning. the following regulations apply to all uses
HI-district data centers must comply with the City's landscaping, vehicle-parking, and off-street-loading requirements. Landscaping shall be in compliance
Operations must comply with performance standards, including state requirements for smoke and particulate matter, no offensive odors detectable at the property line, toxic-material emissions capped at 10 percent of applicable threshold limit values at the zone boundary, shielded lighting, vibration limits, and specified noise limits. All uses in the HI
Facilities handling materials or products ranging from free or active burning to intense burning must use completely enclosed buildings with incombustible exterior walls and automatic fire-extinguishing systems; flammable liquids or gases producing flammable or explosive vapors are subject to the City's fire code as interpreted by the fire marshal. Materials or products shall be stored, used or manufactured within completely enclosed buildings
HI-district operations may not discharge liquid or solid waste into public waters except as allowed by state law and regulations, and no discharge is allowed at any point into a public sewer or private sewer disposal system. No discharge at any point will be allowed
Violations of the HI-district requirements may result in a fine of $1 to $2,000 upon conviction, with each continuing day treated as a separate offense; other remedies, including injunction, may also be used. not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00)
Benefits & exceptionsHide benefits & exceptions1
Creates the Heavy and High Energy Industrial (HI) zoning district, where data centers larger than 20,000 square feet or using 20 MW or more of electricity are expressly allowed through a specific use permit (SUP), site plan review, and a public hearing before the Planning and Zoning Commission and City Council.
Sources
current law · City of BurlesonApproves the rezoning of approximately 56 acres at 6885 County Road 518 from Agricultural to Planned Development, with the City Council approving the change unanimously on first and final reading after a public hearing despite the Planning and Zoning Commission’s 7–1 recommendation for denial.City of Burleson Ordinance approving zoning change ZC26-003 for 6885 County Road 518 (2026)
What this means
For the roughly 56-acre site, the approved zoning motion would prohibit data centers and data-processing uses, effectively blocking their construction and operation there (“data center, data processing, hosting and related services”). Other development could proceed only after City Council approves a concept plan, but that condition does not offset the data-center ban.
People behind it
- JBT Burleson LLC
Filed the zoning-change application for Case ZC26-003 and is identified as the property owner.
- Pete Flowers
Identified as the applicant representative for the requested rezoning.
- Dollars-Flowers Partners
Identified as the applicant organization representing the rezoning request.
Restrictions & requirementsHide restrictions & requirements3
Data centers and data processing, hosting, and related services are prohibited uses within the Planned Development District. They could be pursued only through a later amendment to the district's zoning terms.
Before any building permits may be issued for development in the district, a concept plan must be submitted to and approved by the City Council.
Under the amended Comprehensive Plan, data centers in the Employment Growth Center require approval of a specific use permit (SUP), creating an additional discretionary permitting step.
Sources
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