Provo City Zoning Code
14.34A DC
Data Center Overlay Zone
14.34A.010 Purpose and Objectives.
The Data Center Overlay Zone (DC Overlay) is established to provide prudent development standards for data centers and similar digital infrastructure facilities as well as any associated power generation facilities. The provisions of this zone are intended to minimize the negative environmental effects of data centers and power generation, especially to air quality, water use, and energy demands.
For the purposes of this Title, a “data center” is defined as a dedicated building or facility designed primarily for housing networked servers and computing infrastructure for continuous operation. It excludes computational facilities primarily engaged in cryptocurrency mining, blockchain validation, or other distributed ledger technology operations.
14.34A.020 Permitted Uses.
The following principal uses and no others are permitted in the DC Overlay:
(1) Data centers;
(2) Energy generation facilities and transmission infrastructure, subject to Utah Municipal Power Authority (UMPA) policies.
14.34A.030 Lot Standards.
Each lot or parcel in the DC Overlay must comply with Section 15.03.100, Provo City Code (Adequate Public Facilities).
14.34A.050 Development Standards for Data Centers of All Sizes.
(1) The DC Overlay may only be combined with Light Manufacturing (M1) and Planned Industrial Commercial (PIC) Zones. Development within the DC Overlay must comply with the development standards of the underlying zone unless otherwise specified in this Chapter.
(2) Data centers must also comply with all requirements listed in Provo City’s Data Center Policy and Application Procedures as well as UMPA Data Center Policies.
(3) No data center or energy generation may be located closer than two hundred (200) feet to any school, park, or residential property, measured in a straight line between the closest property lines of lots on which the respective uses are located.
(a) Equipment that produces emissions in excess of state and federal base limits (or that requires emissions reduction credits to operate) may not be located closer than five hundred (500) feet to any school, park, or residential property, measured in a straight line between the closest wall enclosing the equipment and the closest property lines of lots on which the respective uses are located.
(4) Data centers must establish a mechanism (e.g., performance bond, etc.) in accordance with UMPA data center policies to offset risks to taxpayers.
(5) Applicants for data centers with aggregate power loads of five (5) megawatts (MW) or more must cover the cost of having their application reviewed by an independent environmental expert of the City’s choice.
(6) The following additional information must be provided as part of the zone map amendment application:
(a) A project narrative and development timeline, including construction milestones and phasing;
(b) Legal entity disclosures;
(c) A community benefit plan including workforce training, infrastructure investments, renewable energy projects, and tax revenue projections;
(d) A statement of how the data center furthers the environmental goals in the Provo City General Plan and the Conservation and Resiliency Plan.
(e) An agreement with UMPA to ensure adequate compensation for the use of UMPA and Provo Power’s transmission and distribution infrastructure;
(f) A detailed power load and generation plan;
(g) A site plan including all utility infrastructure (electric, water, wastewater);
(h) Noise studies to ensure compliance with Section 9.06.040, Provo City Code, and any requirements of the zone;
(i) An estimation of vibrations produced from operations and an explanation of strategies used to reduce vibrations (e.g., vibration isolation systems, floating floors, structural dampening);
(j) An environmental review that includes the identification and explanation of conservation and contamination mitigation strategies for the following resources, noting unused practical industry strategies and justification for not pursuing them on this project:
(i) Energy efficiency (e.g., server clustering, high-efficiency cooling systems);
(ii) Renewable energy;
(iii) Water and wastewater (e.g., purple pipe irrigation, water alternatives); and
(iv) A comparison of water and power usage for data centers of similar scales and for other structures of similar size for different industries;
(k) An air quality analysis and mitigation plan that includes CO2, NOx, VOCs, ozone, PM2.5, PM10, methane, and any other pollutants produced at the site; and
(l) An end-of-life plan for all technological waste, which must be disposed of at an e-waste recycling facility licensed by the Department of Environmental Quality.
(7) The following additional standards apply to all energy generation facilities in the DC Overlay:
(a) Independent “islanded” power plants are prohibited. Any new power generation, whether renewable or nonrenewable, produced by the data center to serve its own power demand must be interconnected with Provo City and follow UMPA policies.
(b) Data centers may also provide on-site energy through renewable sources (e.g., geothermal, solar, etc.) and are encouraged to draw from energy produced on site to meet demand during times of heightened grid demand. On-site battery energy storage systems (BESS) must be appropriately encased to prevent leaking. On-site BESS must comply with the latest safety standards and certifications.
(8) Confirmation of emissions credits, if required, must be submitted for verification before a building permit may be issued.
14.34A.060 Development Standards for Large Data Centers.
(1) This section applies to all data centers with aggregate power loads exceeding fifty (50) megawatts (MW), per UMPA data center policies.
(2) A new power generation facility (plant) must be constructed and must be sufficient to cover the projected load.
(3) As part of the zone map amendment application, the developers must submit a site plan that includes the details of the new power generation facility. The site plan must be reviewed and approved by UMPA.
(4) The construction of the plant may be scaled but must be completed and operational before the data center’s load requirement exceeds fifty (50) megawatts (MW).
(5) The developer is responsible for all costs associated with the development, design, construction, and operation of the new plant. The developer is also responsible for any costs to update the local power grid infrastructure to accommodate the increased load and for any associated system load studies. Once the construction and commissioning of the power plant are complete, operation of the plant will be transferred to UMPA, with ownership of the plant to be negotiated.
14.34A.070 Other Requirements.
(1) International Building Code. The requirements of the International Building Code, as adopted by the Provo Municipal Council (the IBC), apply and must be met. If there is a conflict between the IBC and this Chapter, the IBC controls, unless the conflicting provision of this Chapter was adopted more recently than the Council’s adoption of the IBC.
(2) The operator of a use permitted in this Chapter must comply with all other license requirements of the City or any public agency related to the use.