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Ordinance 2025-53 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-53 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING ENERGY INDUSTRIAL USES Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 24th day of June,2025 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois on June 27,2025. Ordinance No. 2025-53 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING ENERGY INDUSTRIAL USES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified Development Ordinance("UDO")the City may initiate amendments to the Zoning Ordinance; and WHEREAS, the City filed a request seeking an amendment to the UDO to establish standards for Energy Industrial Uses; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on May 14, 2025 to consider the request and forward a recommendation to the City Council to approve the requested text amendment. NOW, THEREFORE,BE IT ORDAINED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2. That Section 10-4-10. Energy Use Standards of the United City of Yorkville Unified Development Ordinance is hereby repealed in its entirety and replaced with the following: 10-4-10. Energy Industrial Uses A. Landscape Buffer—when adjacent to non-manufacturing zoned land use 1. In addition to Section 10-5-3 the following requirements apply: a. Minimum of 100 foot-landscape buffer when adjacent to non-manufacturing zoned land use (i.e. residential, commercial, school,public institutional, etc.). b. The buffer area shall be dedicated exclusively to dense landscaping,including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements. c. Required 8-foot-tall berms when adjacent to residential subdivisions. B. Landscape Buffer—when adjacent to roads 1. Minimum of a 100-foot landscape buffer along any public roadway . Ordinance No. 2025-53 Page 2 a. Landscape buffer shall be consistent with Transition Zone D in Section 10-5-3.F. b. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements. C. Building Separation 1. Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure. D. Maximum Height 1. Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including rooftop mechanical equipment. a. The use of rooftop mounted HVAC or other mechanical units shall require the approval of City Council. E. Noise Study and Noise Mitigation 1. All applications for data centers shall provide an initial noise study at Planned Unit Development(PUD)review and a final noise study at permitting review,which will be subject to review by the City's sound engineering consultant. 2. The initial noise study must include the following: a. A pre-construction noise study shall include baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility's design will meet local noise limits as detailed in Title 4,Chapter 4 of Yorkville's Code of Ordinances. b. For the initial study, noise source data for the cooling equipment can be based on generic or manufacturer-provided data. The purpose of the initial study is to refine the site layout and cooling scheme as needed to meet the ordinance. 3. For the final noise study,noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels. 4. Data center developers must include a mitigation plan in their final noise study to ensure that operational noise does not exceed the local noise limits detailed in Yorkville's Code of Ordinances, which includes the penalty for tonal equipment. 5. All major mechanical equipment (i.e generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction or screened with acoustic barriers as needed to meet the City noise ordinance. a. Whenever possible, backup generators and condensers shall be placed on the side of the building(s) or the facility, that is farthest from residential structures. 6. The Applicant must provide a noise impact assessment report for review by the City. The report must describe how the assessment was performed, list the specific noise- generating equipment associated with operation of the Data Center Campus and On- site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City's noise ordinance will be met. Ordinance No.2025-53 Page 3 7. An annual noise monitoring will be conducted by the City's sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance.Alternatively, continuous noise monitoring devices shall be installed at the onset of construction and reports provided to the City throughout the life of the development to help verify ongoing noise ordinance compliance. F. Operational Testing 1. Operational testing of emergency backup generators shall be limited to between the hours of 11 am to 5pm on weekdays only, non-holidays. G. Nuclear Energy 1. Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City. This includes, but is not limited to, nuclear reactors, small modular reactors (SMRs), or any other nuclear-based energy. H. Phasing Plan 1. Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures. I. Fencing 1. Fencing shall be security style aluminum, steel, wrought iron, or similar materials. 2. Chain-link or barbed wire fencing is prohibited along public facing edges and properties adjacent to residential land uses. J. Lighting and Photometric 1. Lighting and photometric plans must be submitted at the time of application and adhere to Section 10-5-7 Outside Lighting. K. Traffic Management Plan 1. A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction. L. Battery Storage 1. Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by Bristol Kendal Fire Protection District (BKFD) for firefighting efforts. M. Emergency Operations Plan 1. Emergency Operations Plan (EOP) shall be submitted and approved by the City and the Bristol Kendal Fire Protection District (BKFD) prior to issuance of a building permit and must include: a. Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident. b. The location of any battery storage systems. c. Training sessions/drills and or walkthroughs with fire and police shall be required prior to occupancy permit. d. Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public. e. Must work with KenCom emergency managers to be part of text or siren alert systems. Ordinance No.2025-53 Page 4 N. Building Code Enhanced Standards 1. Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards. 2. Compliance with National Fire Protection Association 855. O. Appearance Standards 1. Appearance standards shall comply with the requirements outlined in Section 10-5-8.4. Section 3. This ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of page intentionally left blank. Roll call vote follows.] Ordinance No.2025-53 Page 5 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 24th day of June, A.D. 2025. teitaffS TY CLERK KEN KOCH AYE DAN TRANSIER ABSENT ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this a7 day of T(a h , A.D. 2025. MA R Attest: c6u.A .A. v)et TY CLERK Ordinance No.2025-53 Page 6 10-4-10. Energy Industrial Uses A. Landscape Buffer—when adjacent to non-manufacturing zoned land use 1. In addition to Section 10-5-3 the following requirements apply: a. Minimum of 100 foot-landscape buffer when adjacent to non-manufacturing zoned land use (i.e. residential,commercial,school, public institutional,etc.). b. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs,and shall not be used for stormwater detention, roadways,walking trails,surface parking,or similar improvements. c. Required 8-foot-tall berms when adjacent to residential subdivisions. B. Landscape Buffer—when adjacent to roads 1. Minimum of a 100-foot landscape buffer along any public roadway. a. Landscape buffer shall be consistent with Transition Zone D in Section 10-5-3.F. b. The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs,and shall not be used for stormwater detention, roadways,walking trails,surface parking, or similar improvements. C. Building Separation 1. Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory)to the nearest residential or commercial structure. D. Maximum Height 1. Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including rooftop mechanical equipment. a. The use of rooftop mounted HVAC or other mechanical units shall require the approval of City Council. E. Noise Study and Noise Mitigation 1. All applications for data centers shall provide an initial noise study at Planned Unit Development(PUD) review and a final noise study at permitting review,both of which will be subject to review by the City's sound engineering consultant. 2. The initial noise study must include the following: a. A pre-construction noise study shall include baseline noise measurements of the current environment and predictive modeling in phased and at full buildoutto ensure the facility's design will meet local noise limits as detailed in Title 4, Chapter 4 of Yorkville's Code of Ordinances. b. For the initial study,noise source data for the cooling equipment can be based on generic or manufacturer-provided data.The purpose of the initial study is to refine the site layout and cooling scheme as needed to meet the ordinance. 3. For the final noise study,noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels. 4. Data center developers must include a mitigation plan in their final noise study to ensure that operational noise does not exceed the local noise limits detailed in Yorkville's Code of Ordinances, including the penalty for tonal equipment. 5. All major mechanical equipment (i.e generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction or screened with acoustic barriers as needed to meet the City noise ordinance. a. Whenever possible, backup generators and condensers shall be placed on the side of the building(s)or the facility,that is farthest from residential structures. 6. The Applicant must provide a noise impact assessment report for review by the City. The report must describe how the assessment was performed, list the specific noise-generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City's noise ordinance will be met. 7. An annual noise monitoring will be conducted by the City's sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance. Alternatively, continuous noise monitoring devices shall be installed at the onset of construction and reports provided to the City throughout the life of the development to help verify ongoing noise ordinance compliance. F. Operational Testing 1. Operational testing of emergency backup generators shall be limited to between the hours of 11am to 5pm on weekdays only, non-holidays. G. Nuclear Energy 1. Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City.This includes,but is not limited to,nuclear reactors, small modular reactors(SMRs),or any other nuclear-based energy. H. Phasing Plan 1. Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures. I. Fencing 1. Fencing shall be security style aluminum,steel,wrought iron,or similar materials. 2. Chain-link or barbed wire fencing is prohibited along public facing edges and properties adjacent to residential land uses. J. Lighting and Photometric 1. Lighting and photometric plans must be submitted at the time of application and adhere to Section 10-5-7 Outside Lighting. K. Traffic Management Plan 1. A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction. L. Battery Storage 1. Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by Bristol Kendal Fire Protection District (BKFD)for firefighting efforts. M. Emergency Operations Plan 1. Emergency Operations Plan(EOP)shall be submitted and approved by the City and the Bristol Kendal Fire Protection District(BKFD) prior to issuance of a building permit and must include: a. Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident. b. The location of any battery storage systems. c. Training sessions/drills and or walkthroughs with fire and police shall be required prior to occupancy permit. d. Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public. e. Must work with KenCom emergency managers to be part of text or siren alert systems. N. Building Code Enhanced Standards 1. Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards. 2. Compliance with National Fire Protection Association 855. O. Appearance Standards 1. Appearance standards shall comply with the requirer'nents outlined in Section 10-5-8.4.