The purpose of this Chapter 17.37 is to establish minimum requirements and regulations for the placement, construction and modification of data centers and digital infrastructure, as defined herein, while promoting the safe, effective and efficient use of such facilities and accompanying infrastructure systems.

(Ord. No. 2025-5, § 1, 4-14-2025)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Data center" is defined herein as real and personal property consisting of a building or group of buildings or group of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, power and cooling equipment.

"Data center power plant" means a utility-scale commercial facility that produces electric power for consumption by a data center, which may store, produce, transmit and/or distribute electric power by any combination of energy storage, solar energy, thermal energy or other power conversion technology, including from hydrocarbon-based fuels, geothermal wells, wind energy systems, or nuclear fuel systems, for the primary purpose of supplying power to the data center.

"Digital infrastructure" is any electrical infrastructure, energy and fuel infrastructure, transmission and/or distribution infrastructure supporting data center development, including but not limited to, fiber optic cable conduit, fuel transmission and distribution infrastructure supportive of data centers and data center power plants.

(Ord. No. 2025-5, § 1, 4-14-2025)

All data centers and data center power plants shall comply with the following minimum regulations and design standards.

A.

Permitted Locations. A Data center and/or data center power plant that complies with the provisions of this chapter may be permitted as described in Section 17.16.030, Table of Uses, Iron County Zoning Ordinance.

B.

Design Standards.

1.

Minimum Lot Size. No data center power plant shall be erected on any lot less than twenty acres in size. No data center shall be erected on any lot less than five acres in size.

2.

Maximum Height. The maximum height for all structures shall be established through the conditional use permit process, provided a structure height of thirty-five feet or less shall always be permitted.

3.

Setbacks. Data center and data center power plant structures shall be set back from all property lines and public road rights-of-way at least sixty feet, or one and one-quarter times the height of the structure, whichever is greater. In addition, data center and data center power plant structures must be located at least one hundred feet from all residentially zoned lots and existing residences. Additional setbacks may be required to mitigate noise and glare impacts, or to provide for designated road or utility corridors, as identified through the review process.

4.

Safety/Access/Fencing. An appropriate security/livestock fence (height and material to be established through the conditional use permit process) shall be placed around the perimeter of the data center facilities and/or any data center power plant. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

5.

Noise. No operating data center or data center power plant shall produce noise that exceeds any of the following limitations. Adequate setbacks shall be provided to comply with these limitations.

a.

Fifty-five dBA, as measured at the property line of any neighboring residentially-zoned lot;

b.

Fifty dBA, as measured at any existing neighboring residence between the hours of nine p.m. and seven a.m.

c.

Sixty-five dBA, as measured at the property lines of the project boundary, unless the owner of the affected property and the planning commission agree to a higher noise level, as follows.

The owner of a neighboring property that would otherwise be protected by the sixty-five dBA noise limitation may voluntarily agree, in writing, to a higher noise level. Any such agreement must specifically state the noise standard being modified, the extent of the modification, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the data center and/or data center power plant developer, effective for the life of the project. Any such noise agreement must be submitted with the conditional use permit application and filed with the county recorder upon issuance of the conditional use permit.

6.

Visual Appearance.

a.

Data center and data center power plant buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.

b.

Appropriate landscaping and/or screening materials may be required to help screen the data center and/or data center power plant and accessory structures from major roads and neighboring residences.

c.

Lighting of the data center and/or data center power plant and accessory structures shall be limited to reasonably necessary lighting to mitigate visual impacts.

7.

Electrical Interconnections. All electrical and interconnection and distribution lines smaller than twenty kV within the project boundary shall be underground, except for power lines that leave the project or are within the substation. Said electrical lines larger than twenty kV may be given an exemption from burial because of severe environmental constraints (e.g., wetlands, cliffs, hard bedrock), distance and other project factors, determined by the planning commission. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements.

8.

Fire Protection. All data centers and data center power plants shall have a defensible space for fire protection in accordance with the Iron County Wildland-Urban Interface Code.

9.

Employment Infrastructure. Necessary utility infrastructure such as water, sewer, parking, office space, etc., shall be provided to accommodate data center and/or data center power plant employees and service personnel in compliance with Southwest Utah Public Health, the Utah Department of Environmental Quality and Iron County zoning regulations and building codes, as applicable.

C.

Local, State and Federal Permits. A data center power plant shall be required to obtain all necessary permits from the Utah Department of Environmental Quality, including the Utah Division of Air Quality and the Utah Division of Water Quality, applicable permits required by Iron County, and applicable federal permits.

(Ord. No. 2025-5, § 1, 4-14-2025)

An application for a conditional use permit to establish a data center and/or data center power plant shall include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in Section 17.37.030 will be met. Supporting documentation for addressing the review criteria of Sections 17.37.050 and 17.28.050(A) is also to be provided. The land use authority may require any information reasonably necessary to determine compliance with this chapter.

It is preferred that any related conditional use permit applications for substations or transmission lines be considered in conjunction with the conditional use permit application for the data center and/or data center power plant; however, if the details of those improvements are not available at the time of application for the data center and/or data center power plant, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the data center and/or data center power plant.

(Ord. No. 2025-5, § 1, 4-14-2025)

Following the provisions of Chapter 17.28, Iron County Code, additional or more thorough consideration shall be given to the following as the county determines appropriate mitigation for potential impacts or whether the application does not comply with county ordinances and should be denied:

A.

Project Rationale. Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.

B.

Siting Considerations. Siting considerations, such as avoiding areas/locations with a high potential for biological conflict such as wilderness study areas, areas of environmental concern, county and state parks, historic trails, special management areas or important wildlife habitat or corridors; avoiding visual corridors that are prominent scenic view sheds, or scenic areas designated by the county; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high storm runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.

C.

Site and Development Plans. Site and development plans, which identify and/or locate all existing and proposed structures; setbacks; access routes; proposed road improvements; any existing inhabitable structures and residentially zoned lots within one-quarter mile of a photovoltaic solar project or one-half mile of a concentrated solar project; existing utilities, pipelines, and transmission lines; proposed utility lines (including employment infrastructure described in Section 17.37.030(B)(9)); utility and maintenance structures; existing topographic contours; existing and proposed drainage ways; proposed grading; areas of natural vegetation removal; revegetation areas and methods; dust and erosion control; any floodplains or wetlands; and other relevant items identified by the county staff or planning commission. All maps and visual representations need to be drawn at an appropriate scale.

D.

Analysis of Local Economic Benefits. Analysis of local economic benefits, describing estimated: Project cost, generated taxes, percent of construction dollars to be spent locally, and the number of local construction and permanent jobs.

E.

Visual Impacts, Appearance, and Scenic View Sheds. Potential visual impacts may be caused by components of the project such as cooling towers, steam plumes, aboveground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. Those projects that are within a sensitive view shed or that propose structures taller than thirty-five feet must provide a view shed analysis of the project, including visual simulations of the planned structures and analysis of potential glare impacts. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal, which shall be from no less than four vantage points that together provide a view from all sides of the project. The planning commission may also require a Zone of Theoretical Visibility/Zone of Visual Impact (ZVI) Analysis, which is a three hundred sixty degree computer analysis to map the lands within a defined radius of a location that would likely be able to see an object. Significant visual impacts that cannot be adequately mitigated are grounds for denial.

F.

Wildlife Habitat Areas and Migration Patterns. Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist in the area, consultation with United States Fish and Wildlife Service (USFWS) will be necessary.

G.

Environmental Analysis. In the absence of a required state or federal agency environmental review for the project (e.g., NEPA), the planning commission may require an analysis of impacts to historic, cultural and archaeological resources, soil erosion (water and wind), flora, and water quality and water supply in the area, when there is reason to believe that adverse impacts to such may occur.

H.

Solid Waste or Hazardous Waste. As applicable, the application must include plans for the spill prevention, clean-up, and disposal of fuels, oils, and hazardous wastes, as well as collection methods for solid waste generated by the project.

I.

Height Restrictions and FAA Hazard Review. Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated.

J.

Transportation Plan for Construction and Operation Phases. Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods)—remember to identify needed bridges, culverts, livestock fence crossings (gates and cattle guards), etc. Also identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road improvement, restoration, or maintenance needs associated with the construction, ongoing maintenance/repair, and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. If significant impacts to the transportation system are anticipated, the county may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. In such case, the "before" conditions of the roadways and other infrastructure must be documented through appropriate methods such as videos, photos, and written records, to provide a proper reference for restoration.

K.

Public Safety. Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, etc., that may be created by the project.

L.

Noise Limitations. Submit sufficient information regarding noise, so as to demonstrate compliance with Section 17.37.030(B)(5).

M.

Other probable and significant impacts, as identified through the review process.

(Ord. No. 2025-5, § 1, 4-14-2025)