The Metro Council
The Metro Council has given its final approval to a set of strict regulations on the construction and operation of data centers in Nashville, along with a temporary moratorium on permits for the tech facilities that power computing software, AI and other digital and information technology infrastructure.
The council unanimously approved both of the measures at its July 21 meeting following several months of public outcry over a proposed data center near the Nashville Zoo as well as a data center planned on the campus of Fisk University.
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The moratorium pauses all data center permits until Dec. 1. The bill was sponsored by Councilmember Courtney Johnston, whose South Nashville district includes the zoo.
Prior to Tuesday’s council meeting, Davidson County did not have any regulations on data centers. The new set of restrictions fully bans data centers that are housed in buildings larger than 500,000 square feet. Other data centers are classified as small, medium and large. Medium and large data centers between 20,000 and 499,000 square feet are allowed only in industrial zoning districts and prohibited in residential areas and mixed-use districts.
Under the regulations, large data centers are now subject to additional rules targeting the location and method of approval. These centers would need a special exception from the Metro Board of Zoning Appeals and would require a public hearing.
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Noise levels are also regulated under the bill. Facilities are limited to 65 decibels during the day and 55 decibels at night. The centers are also required to use a closed-loop water system that prevents polluted water from being dumped into community water sources.
In addition, the facilities are required to be sited a certain distance from residential areas, daycare businesses, religious institutions, parks, zoos, prisons, Choose How You Move All-Access Corridors and other data centers.
The council tacked on several amendments to the regulation ordinance Tuesday night to establish emergency response plans, as well as require data center developers to send public notices to property owners and renters in the areas where they are proposing a facility. The amendments also require certain water and power usage reporting as well as compliance reports.
The council also advanced condemnation legislation proposed by the mayor’s office that would use eminent domain to take control of the zoo-area property being eyed for a data center by Atlanta-based tech company DC BLOX. If acquired by Metro, the property, located at 648 Grassmere Park, would be utilized for public use.
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While a majority of the council voted in support of the legislation, not all councilmembers were on board. Councilmember Joy Styles voted against the legislation, calling it “irresponsible” and a “guaranteed lawsuit.” (Styles has announced a bid for mayor, opposing O'Connell's reelection campaign.)
“This feels like a knee-jerk, feel-good reaction because everyone else had a plan except the mayor's office, and so now we just throw out eminent domain,” said Styles. “We don't have a plan for what the land would be for. It's just nonsense.”
At-Large Councilmember Quin Evans-Segall and Councilmember Ginny Welsch also voted no on the matter. Several other councilmembers abstained from voting, including Courtney Johnston who represents the district where the property lies. Johnston noted that she wants to hear input from Metro’s new legal director, Tyler Yarbro.
The bill will be considered on its final reading at the council’s next meeting on Aug. 5. This comes after DC BLOX recently finalized its $23 million purchase of the property.
This story was first published by our sister publication, the Nashville Post.
