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Data Center Ordinance and Noise Study Update to CC 7-16-26

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Data Centers Text Amendment and Noise Study Update City Commission – July 16, 2026 Whitney Hodges, Planning Manager


AGENDA • Background • The Approach • Public Engagement • Noise Study and Policy Review • Zoning Ordinance: Data Center Text Amendment

• Next Steps

BACKGROUND


WORKING GROUP • Planning: Whitney Hodges, Planning Staff • Legal: Megan Bell, Blake Watson • Building Services: Joseph Strong

• Environmental Compliance: Jim Culbert • Community: Sylvain Bruni

BACKGROUND


PURPOSE: • Data Center technology & investment continue to evolve rapidly • Johnson City adopted initial regulations in June of 2025 • Additional research, technical analysis, and public engagement have been completed • Proposed amendment provides stronger framework for evaluating future applications • Moves Data Centers from Permitted Use to Special Exception Review under Board of Zoning Appeals

BACKGROUND


Research

Moratorium

Planning and Legal Staff began researching data centers and their impact to communities

2023

2024

Commissioner Wise asked staff to study data centers

Initiation

On-site Study

2025

JPM Acoustics was selected as the Consultant in February 2026 and in March 2026: performed an ambient noise study at 10 sites throughout the city.

On June 5, 2025, the City adopted the text amendment and a one-year moratorium on all new industrial development in 1-2

2025

On April 8, 2025, the Planning Commission recommended approval of the initial amendment. The amendment: • Added a modern definition for data center • limited data centers to the I2, Heavy Industrial Zone

First Text Amendment

2025

2026

The Request for Qualifications was released in June 2025. Selection took place in

RFQ

Data Center Text Amendments Planning Commission recommended approval (5-2) to adopt new regulations for data centers.

2026

2026

On May 21, 2026, the City Commission extended the moratorium 6 months to December 3, 2026.

Moratorium Extended

2026

Working group and consultant continue to develop additional compliance measures and guidelines for noise studies.

Noise Ordinance and Noise Study Guidelines

BACKGROUND


The Approach


COLLECTING DATA

THE APPROACH


Three Pronged Regulation Zoning Ordinance Art. 6.2 (1-2 Heavy Industrial) and Article 2 (Definitions)

Johnson City Municipal Code Title 11 (Noise Ordinance) Chapter 5

Noise & Vibration Assessment Guidelines A Living Technical Document

THE APPROACH


First Prong: Zoning Ordinance

Zoning Ordinance Art. 6.2 (1-2 Heavy Industrial) and Article 2 (Definitions)

• Regulates Data Centers • Establishes definitions • Requires a special exception permit with Board of Zoning Appeal approval • Ambient noise study • Modeling noise study • Operational noise study • Setback requirements, buffers, screening, etc. • Operational standards • Environmental Impact Analysis • Utility verifications • Decommissioning plan • Permit to renew yearly THE APPROACH


Second Prong: Noise Ordinance

Johnson City Municipal Code Title 11 (Noise Ordinance) Chapter 5

• Regulates levels of noise for various uses in the City • Sets maximum levels for various uses and establishes times

THE APPROACH


Third Prong: Assessment Guidelines Noise & Vibration Assessment Guidelines A Living Technical Document

Benefits: • Administrative updates w/o repeated ordinance amendments • Ability to incorporate evolving industry standards • Consistent technical methodology

• Improved review efficiency

Similar to Traffic Studies THE APPROACH


Public Engagement


Public Engagement – Online Survey Online Community Web Link & Survey posted in April 2026 • Approx. 6,000 survey responses • 43% both live & work in Johnson City • 86% are extremely concerned about data centers

• Strong support for location controls, noise controls, and ongoing oversight ENGAGEMENT


Public Concerns & Solutions Public Concern

Proposed Solutions

Noise from mechanical equipment*

Noise studies, acoustical design, annual compliance verification

Generator testing noise

Noise ordinance update w/generator testing standards

Residential compatibility

I-2 Zoning, 200ft separation requirement, buffering, screening

Environmental impacts

Requirement of an Environmental Impact Study

Future operational changes

Updated studies are required when facilities expand or modify operations

Utility impacts

Utility capacity verification

68% responded noise as a primary concern

ENGAGEMENT


Noise Study


STUDY PURPOSE Johnson City commissioned the ambient noise study to understand existing sound conditions across the community and support ongoing review of the City’s Noise Ordinance. The study establishes baseline conditions rather than evaluating individual complaints or enforcement cases NOISE STUDY


How Monitoring Was Conducted 1

2

3

Site selection

Field monitoring

Public summary

Locations represented common receiving land uses across Johnson City.

Static equipment recorded ambient sound levels for at least 24-48 hours per location.

Results were summarized against existing ordinance thresholds.

Primary metrics: LAeq (average), LAMax (maximum), and LAmin (minimum).

NOISE STUDY


Monitoring Locations Map Key Residential Commercial Industrial

Monitoring locations were selected to provide geographic coverage and represent the City’s receiving land use categories.

NOISE STUDY


Monitoring Sites by Land Use Residential

Commercial

Industrial

1001 Lake Ridge Sq. 167 Gray Ruritan Dr. Buffalo Mountain Rd.

607 E Myrtle Ave. 1705 E Main St. 3211 N Roan St.

1709 Buffalo Rd. Woodlyn Rd. 2216 Eddie Williams Rd. 506 Twin Oaks Dr.


Existing Noise Thresholds Current Johnson City thresholds are based on the receiving land use and time of day. Receiving Land Use

Daytime

Nighttime

How to read table Residential

50 dBA

43 dBA The study compares measured average sound levels to these limits.

Commercial

60 dBA

53 dBA

Industrial

65 dBA

65 dBA

Maximum readings were reviewed separately because isolated spikes do not always represent long-term ambient conditions.

NOISE STUDY


Average Sound by Land Use Average Ambient Noise Level by Land Use Category

What The Data Shows 53.8 Residential

Residential locations had the lowest average levels.

Land Use

43.5

Commercial and industrial locations reflect more roadway, urban, and operational activity.

56.3 Commercial 51.0

58.2 Industrial 51.2

0.0

10.0

20.0

30.0

40.0

50.0

60.0

70.0

LAeq (dBA) Day

Night

NOISE STUDY


dBA Versus dBC A-weighted decibels are less sensitive to very low frequencies. C-weighted decibels account for much more of the lowfrequency noise. This is important to consider because heavy machinery is more likely to produce lower frequencies. If there is a great difference between dBA and dBC, this means that there is a significant producer of low frequencies.


dBA Versus dBC A-weighted decibels are less sensitive to very low frequencies. C-weighted decibels account for much more of the lowfrequency noise. This is important to consider because heavy machinery is more likely to produce lower frequencies. If there is a great difference between dBA and dBC, this means that there is a significant producer of low frequencies.

Source: Noise and Vibration Study


Findings by Land Use Residential

Commercial

Industrial

Generally the lowest average sound levels. Buffalo Mountain recorded some of the quietest conditions in the study.

Moderate average levels influenced by roadway activity, institutions, and urban land use patterns.

Average levels generally remained below current industrial thresholds, despite equipment and truck activity.


Study Takeaways • The study establishes baseline ambient conditions across Johnson City. • Traffic is one of the most consistent contributors to community noise. • Industrial areas were generally quieter than the current industrial ordinance limits when evaluated by average sound levels.

• Short-duration spikes occurred, but they do not always represent long-term ambient conditions.

NOISE STUDY


Policy Review


What We Reviewed Staff reviewed approaches to data centers by: • Federal agencies (Executive Orders, EPA regulations, etc.) • State governments • Utility providers • Jurisdictions regulating large-scale data centers

POLICY REVIEW


What We Learned Common Themes: • Noise management • Infrastructure capacity verification • Environmental review

• Community engagement • Ongoing compliance monitoring • Flexibility to adapt to evolving technology

POLICY REVIEW


What We Learned/Noise Why Noise Matters: • Data centers operate continuously

• Cooling systems and generators are primary concerns • Impacts are highly site-specific Actions taken:

• Research of national standards • Review of acoustical engineering practices • Development of technical assessment requirements

• Creation of compliance monitoring framework

POLICY REVIEW


Zoning Ordinance Article 2, Definitions Article 11, I-2 Heavy Industrial


Data Centers 2025 • Prior to June 2025, Data Centers were allowed in 14 zoning districts.

ZONING ORDINANCE


2025 Ordinance •

Large-scale data centers are limited to only the I-2, Heavy Industrial Zone.

Total acreage of Johnson City 28,332 ac

Total acreage of I-2 Zone 1,985 ac

ZONING ORDINANCE


Key Changes from the 2025 Text Amendment Current: • Permitted Use in I-2 Zoning District Proposed:

• Special Exception Use in I-2 Zoning District • Definitions revised & added for Data Centers, Accessory Data Centers, Noise & Vibration Studies, and Qualified Acoustical Engineers • Establish objective noise & vibration standards & compliance requirements

• Requires technical studies for noise & vibration, utility, and environmental impacts • Increase setbacks and changes residential separation measurements from the facility to the property line • Requires ongoing public transparency through a project information website

ZONING ORDINANCE


What Stayed the Same • Data Centers remain limited to the I-2 Heavy Industrial Zoning District • Operations must comply with applicable City Ordinances & Regulations

• Digital data operations remain enclosed within buildings • Screening & buffering requirements remain part of the development review process

ZONING ORDINANCE


Multiple Layers of Compliance

Professional Professional Vibration Noise Study Study

Noise Ordinance Compliance

Ongoing Compliance Review

Special Exception (BZA) Review

Berms &Landscape Buffering

Enhanced Setbacks

Residential Separation


PROFESSIONAL NOISE STUDIES Pre-Construction Ambient Analysis

Purpose: Establish existing conditions before development • Conducted by a Qualified Acoustical Engineer • Documents existing ambient sound and vibration conditions • Creates a baseline for future comparison • Prepared in accordance with City guidelines

ZONING ORDINANCE


PROFESSIONAL NOISE STUDIES Predictive Noise & Vibration Study Purpose: Evaluate future impacts before approval • Predicts operational noise & vibration levels • Demonstrates compliance with City standards

• Evaluates equipment, cooling systems, generators, and supporting infrastructure • Prepared by a Qualified Acoustical Engineer

ZONING ORDINANCE


PROFESSIONAL VIBRATION STUDY IN PROCESS Vibration is Addressed Separately to Understand Impacts • Unlike sound, vibration can be difficult to identify and attribute to a specific source

• Ground conditions, building construction, traffic, rail activity, industrial operations, and natural conditions can all influence perceived vibration • Because of these complexities, the zoning ordinance requires vibration analysis by Qualified Acoustical Engineers using accepted engineering methodologies • The ordinance allows the City to retain an independent qualified acoustical consultant to review studies, methodologies, assumptions, and compliance documentation

• The cost of this independent review is borne by the applicant or facility owner/operator, not taxpayers. ZONING ORDINANCE


NOISE ORDINANCE COMPLIANCE • Data Centers must comply with all provisions of the City’s Noise Ordinance • Applicants must submit multiple studies documenting existing and predictive sound conditions of the site before development and during operation for the life of the facility

ZONING ORDINANCE


NOISE ORDINANCE COMPLIANCE IN PROCESS Future Noise Ordinance Updates: • Clarifies sound measurement standards • Adds that operational sounds are classified according to their acoustical characteristics

• Creates standards for routine emergency generator testing (sound limits, required mufflers, etc.) • Maintains emergency exemptions for actual outages, life-safety events, and emergency maintenance. ZONING ORDINANCE


ONGOING REVIEW Annual Compliance Verification Purpose: Verify continued compliance after construction • Required annually or at business license renewal (new operator) • Confirms compliance with approved operational standards • Evaluates actual facility performance • Documents ongoing noise & vibration compliance

ZONING ORDINANCE


ONGOING REVIEW Operational Modification / Expansion Review Purpose: Ensure future changes receive review Required for: • Additional generators

• Expanded cooling capacity • Substation or transformer upgrades • Increased IT equipment loads • Facility expansions • Other significant operational changes

ZONING ORDINANCE


ONGOING REVIEW Independent Technical Review Purpose: Provide independent expert review • City may retain qualified acoustical consultants • Consultants may review studies, assumptions, and methodologies • Cost borne by the applicant or facility operator • Additional expertise available when needed

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Board of Zoning Appeals & Public Process Why Special Exception Review Matters:

• Every proposed data center must be reviewed at a public hearing before the BZA. • Board is composed of Johnson City residents appointed to serve as independent decision-makers.

• Applicants must submit technical studies, site plans, and supporting documentation for public review. • Adjacent property owners w/in 200ft receive notification. • Property owners & members of the public may provide testimony during the hearing process. • Board may impose additional site-specific conditions to address compatibility, noise, vibration, etc. • Annual review at license renewal (includes notification)

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) General Operational Compliance Purpose: Establish ongoing operational standards for all data center activities • Must comply with the City’s Noise Ordinance & all applicable City Regulations • Prohibits unreasonable off-site impacts, including glare, emissions, interference, and nuisance conditions • Requires compliance with vibration performance standards • Establishes Noise & Vibration Assessment Guidelines for future technical evaluations • Allows the BZA to impose additional conditions when warranted

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Site Plan & Operational Layout Purpose: Provide sufficient information to evaluate operational impacts

• Building locations & dimensions • Property boundaries & setbacks • Adjacent land uses & zoning • Nearby residential & noise-sensitive uses

• Cooling equipment, generators, substations, transformers, and utility infrastructure • Proposed screening & buffering • Developmental phasing, where applicable

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Environmental Impact & Industrial Operations Study Purpose: Evaluate broader community impacts

Review includes: • Water use • Wastewater impacts • Stormwater • Utility demand • Transportation impacts • Emergency services • Environmental conditions • Community impacts • Mitigation alternatives

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Utility Capacity Verification Purpose: Confirm infrastructure can support the facility Verification required for:

• Electric capacity • Water service (Johnson City) • Wastewater treatment (Johnson City) • Necessary infrastructure improvements

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Electronic Waste Management Purpose: Ensure responsible equipment disposal • Electronic Waste Plan required

• Addresses servers, batteries, hazardous materials, and related equipment • Must comply with state and federal regulations • Subject to City review

ZOINING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Decommissioning & Financial Assurance Purpose: Ensure long-term accountability Requires:

• Decommission plan • Cost estimates • Site restoration procedures • Hazardous material handling

• Financial assurance acceptable to the City (Bond) • Planning Commission has the authority to accept bonds.

ZONING ORDINANCE


SPECIAL EXCEPTION REVIEW (BZA) Public Information & Transparency Purpose: Ensure long-term accountability Applicants must maintain a public website with:

• Project description • Site maps & renderings • Construction schedules • Development phasing

• Public meeting information • Permit status updates

ZONING ORDINANCE


LANDSCAPING AND BUFFERING Purpose: Reduce off-site impacts • Type 4 Buffer Yard required adjacent to residential areas • Additional buffering may be required

• Earthen berms permitted • Acoustic barriers permitted • Enhanced landscaping may be required Minimum Buffer Requirements for Every 100ft of Buffer Yard • 35ft width • 8ft wood fence or masonry wall • 18 – Type 1 evergreen trees • An average mature height of 30ft or more

ZONING ORDINANCE


ENHANCED SETBACKS Purpose: Establish a physical buffer within the site •

60ft front setback

•

50ft side & rear setback

ZONING ORDINANCE


RESIDENTIAL SEPARATION Purpose: provides a buffer from residential areas while recognizing that compatibility is ultimately achieve through site design & operational controls • 200 ft from property line to property line

Separation 200 250 300 350 400 450 500

# I-2 parcels 27 26 18 12 9 3 1

Acreage 62.45 62.35 37.87 25.62 20.16 9.8 0.64

% of I-2 3.15 3.14 1.9 1.2 1 0.04 0.03

ZONING ORDINANCE


Total acreage of Johnson City 28,332 ac 100%

Total acreage of I-2 Zone 1,985 ac 7%

Total acreage of 1-2 at 200’ separation 64.45 ac 0.22%

Separation 200 250 300 350 400 450 500

# I-2 parcels 27 26 18 12 9 3 1

Acreage 62.45 62.35 37.87 25.62 20.16 9.8 0.64

% of I-2 3.15 3.14 1.9 1.2 1 0.04 0.03


Next Steps


Three Pronged Regulation Zoning Ordinance Art. 6.2 (1-2 Heavy Industrial) and Article 2 (Definitions)

Johnson City Municipal Code Title 11 (Noise Ordinance) Chapter 5

Noise & Vibration Assessment Guidelines A Living Technical Document

THE APPROACH


Where we are: Completed Zoning Ordinance • Planning Commission has approved the draft framework for City Commission Discussion

NEXT STEPS


Where we are: IN PROGRESS • Noise Ordinance • Addressing issues we found in our research • Incorporating recommendations from the consultant • Evaluating enforceable codes • Noise & Vibration Assessment Guidelines • Refining requirements with the consultant

NEXT STEPS


Discussion


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Data Center Ordinance and Noise Study Update to CC 7-16-26 by City of Johnson City - Issuu