JC residents want more answers on data center zoning code updates

Although the Johnson City planning commission has passed new zoning regulations for data centers, there are still several questions residents say they want answered before the changes head to a city commission vote. The amendments, approved by the planning commission in a 4-2 vote Tuesday night, would require 200 feet of separation between a data center and residential property lines, which community members say isn't enough distance to mitigate the potentially harmful impacts of data center operations. Others also want clarity on how the city will enforce any code violations effectively. "I'm very much in the camp of I wish we could just outright ban it," Johnson City resident Dave Adams said, following the planning commission's approval. "Unfortunately, in the state of Tennessee, we cannot do that. So I understand kind of the pragmatic reality of where we are, where we need to regulate this as a business, but we are ultimately able to add as strong of regulations as we can that come short of banning it." City planning staff have continued to point back to potential legal vulnerabilities stricter regulation could bring. Many residents who spoke during public comment at Tuesday's meeting, however, said they at least want to see the data or supporting information that explains why staff chose to draw the line at 200 feet. Planning Commission Vice Chair Laura Kelly was one of the two 'no' votes on the amendments for this reason. Following the public hearing, she said she would like to "see the numbers" that support the 200-foot separation requirement before approving the amendments. "I think all of us are still struggling with this number, 200," said Kelly. "I need to do a little more due diligence and learn more… and see the numbers on the 200-foot setback. I just would like to see it with my own eyes and have a better understanding, because it still seems like a little bit of a gray area in terms of liability and where a lawsuit could potentially begin." Adams, prospective city commission candidate, said he was frustrated that the amendments still passed despite Kelly and residents voicing their concerns. "For me at this point, the concern isn't so much the number as much as it is that, despite the coalition against Bitcoin mining asking the question, despite me asking the question, despite the vice chair of the planning commission asking the question — the city is reluctant to answer: 'why 200 feet,'" Adams said. When asked for additional information to justify the 200-foot separation requirement, city officials did not respond to Six Rivers Media by press time. For many residents, the distance concern stems from nationwide reports of the negative lifestyle and health impacts data center operations can have on nearby communities. In Tennessee, legal precedent is believed to limit how much municipalities can regulate businesses with their zoning code. One example of this is Robertson County v. Browning-Ferris Ind. A later appeal decision for the case after the Tennessee Supreme Court's ruling established that if a zoning code made it impossible for a type of business to exist, a municipality would have to "establish that the total exclusion [of the business] is for the 'purpose of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants." In addition to the zoning amendments, city staff are still working on corresponding changes to the city's noise ordinance.