Missouri City City Zoning Code

A.

A data center may not be erected, operated, expanded, or modified without first receiving approval for a specific use permit.

B.

Application procedures. Application for a specific use permit for a data center shall be made to the planning development services department of the city. An application will not be considered until it is complete. A complete application must contain the following:

(1)

An inventory of the applicant's existing data centers, including the location of each data center;

(2)

Site plan or plans to scale specifying the location of the proposed data center, energy source infrastructure, other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses;

(3)

A description of anticipated maintenance needs;

(4)

A noise impact assessment, including a description of anticipated noise that may emanate from the proposed data center and proposed mitigation measures;

(5)

Generator inventory and emissions assessment;

(6)

Hazardous materials and fuel management plan, which shall include inventory, storage, handling, employee training, spill prevention, secondary containment, inspection, and emergency response coordination;

(7)

Emergency management plan;

(8)

Security plan;

(9)

Traffic impact analysis;

(10)

Grid coordination plan demonstrating coordination with the local transmission and distribution utility and regional grid operator, including interconnection status, load profile, ramp rates, redundancy configuration, and curtailment capabilities;

(11)

Decommissioning plan covering triggers for decommissioning (including cessation of operations for 120 consecutive days), schedule, equipment removal, hazardous material disposition, utility de-energization, and site restoration to conditions compatible with adjacent uses;

(12)

Community engagement plan;

(13)

Financial assurance in the form of a bond, letter of credit, or other instrument acceptable to the city in an amount determined by the city manager based on an estimate plus 25 percent contingency to guarantee decommissioning and restoration of the site; and

(14)

Any additional information which may be requested by the city to fully evaluate and review the application and the potential impact of a proposed data center.

(Ord. No. O-26-15, § 7, 5-14-2026)

The city may consider and require conditions that require stricter noise limits, setbacks, screening, hours of operation and other mitigation reasonably related to mitigating the impact of the proposed data center on residential users. The following minimum regulations shall apply to all data centers under this section 15F:

(1)

Setbacks. A data center may only be permitted at least 500 feet from a residentially zoned property line.

(2)

Height and area regulations. A data center building or structure that is the primary use of property shall not exceed the maximum height for the zoning district in which the data center is located.

(3)

Architectural Design. Buildings visible from public rights of way shall incorporate at least three of the following features into the building design:

a.

Decorative cornices.

b.

Concrete or glass accents.

c.

Decorative tile or metal.

d.

Awnings.

e.

Parapets.

f.

Another unique feature proposed by the data center and approved by the city manager.

(4)

Screening.

a.

Ground mounted and roof-mounted equipment, including generators, fuel tanks, cooling equipment, heat exchangers, universal power supply units, or any other outdoor equipment related to the functioning of a data center as a principal use shall be not be visible and shall be screened in accordance with section 7A.

(5)

Water source. Water capacity is required for specific use permit approval. A data center shall utilize a closed-loop cooling system or similar cooling technology that eliminates the need for the datacenter to continuously draw water from a public water supply source. A water capacity availability letter shall be submitted with the specific use permit application and shall include the total water use to start the system, the average water use once the system is charged, and the amount and typical waste generated, if any, that will be sent to a wastewater treatment plant.

(6)

Electricity. Electricity capacity is required for specific use permit approval. An electricity capacity availability letter shall be submitted with the specific use permit application.

(7)

Noise.

a.

Mitigation. Applicants shall employ best available noise control technologies, including acoustic enclosures, barrier walls, lined air intakes, low-noise fans, vibration isolation, and optimized equipment layout. Cooling plant operations shall be sequenced to minimize nighttime noise.

(8)

Generators.

a.

Siting. Generators shall be located the maximum practical distance from residential property lines.

b.

Noise. Generators shall be equipped with hospital-grade or better silencers and enclosure.

(9)

Security. On-site security is required 24 hours a day, seven days a week, with at least one trained security personnel on site at all times.

(10)

Annual compliance registration. A registration form shall be submitted to the city annually to verify compliance with this section.

(11)

Decommissioning and restoration.

a.

All technology equipment, generators, fuel tanks, hazardous materials, aboveground piping, switchgear not required by the utility, and ancillary structures shall be removed within 120 days unless the city approves retention.

b.

The property owner shall abate and remediate contamination, remove impervious surface areas not needed for future conforming uses, regrade, and revegetate decommissioned data center property.

c.

Completion Certification. Within 30 days of decommissioning completion, the operator shall submit a professional engineer's certification of completion and a final report to the city.

(Ord. No. O-26-15, § 7, 5-14-2026)

To the extent there exists any conflict between the provisions of this section and applicable state law, the state law provision shall prevail to the extent of the conflict.

(Ord. No. O-26-15, § 7, 5-14-2026)

An applicant for a data center site plan review shall pay, at the time of the application, in addition to any other required fees, a site plan review fee, as applicable, in the amount specified in a resolution by the city council adopting a schedule of fees.

(Ord. No. O-26-15, § 7, 5-14-2026)