The Draft Ordinance — In Full, and In Plain Terms

What it says:

ORDINANCE NO. _______

AN ORDINANCE ESTABLISHING THE TECHNOLOGY & ADVANCED INDUSTRY OVERLAY DISTRICT (TAI) FOR THE CITY OF LINN VALLEY, KANSAS; PROVIDING REGULATIONS FOR DATA CENTERS, ARTIFICIAL INTELLIGENCE COMPUTING FACILITIES, BATTERY ENERGY STORAGE SYSTEMS, AND RELATED ADVANCED TECHNOLOGY USES; ESTABLISHING DEVELOPMENT STANDARDS, PUBLIC PROCESS REQUIREMENTS, AND SAFEGUARDS TO PROTECT RESIDENTIAL CHARACTER, INFRASTRUCTURE, AND PUBLIC SAFETY.

In plain terms:

This is the ordinance’s official title — its one-sentence description of itself. It tells you the whole point in a single line: it creates the TAI Overlay District, sets rules for data centers, AI computing, and battery storage, and builds in development standards, a public process, and safeguards to protect residential character, infrastructure, and public safety. The blank ordinance number is filled in if and when the Governing Body adopts it.

What it says:

The Governing Body of the City of Linn Valley, Kansas finds that carefully planned technology and advanced industry development may provide meaningful opportunities to diversify the tax base, strengthen municipal sustainability, and support long-term economic development.

The City further finds that Linn Valley is first and foremost a residential, lake-centered community whose quality of life, environmental character, recreational amenities, and residential enjoyment must be preserved.

Accordingly, the purpose of this ordinance is to:

• A. Allow carefully located and regulated advanced technology development in specifically designated areas of the City;
• B. Encourage investment that strengthens the tax base while minimizing impacts on residents;
• C. Protect residential neighborhoods, surrounding rural residences, and recreational areas from excessive noise, lighting, traffic, and visual impacts;
• D. Ensure public safety, emergency preparedness, and infrastructure adequacy;
• E. Require meaningful public participation and transparency in project review; and
• F. Preserve the unique residential and recreational character of the City of Linn Valley.

No technology or advanced industry project shall be deemed entitled to approval solely because it is located within an eligible district.

In plain terms:

This section sets the goals. It says technology investment could help broaden the City’s tax base — but it puts on the record, up front, that Linn Valley is first and foremost a residential, lake-centered community whose character must be protected. The listed purposes (A–F) all point the same way: allow these uses only where carefully located and regulated, and protect neighbors from noise, light, traffic, and visual impact.

The last line is important: being inside the district does not entitle anyone to approval. It only makes a project eligible to be considered.

What it says:

A. Creation of District

The Technology & Advanced Industry Overlay District (“TAI District”) is hereby established as a zoning overlay intended for carefully controlled advanced technology and infrastructure uses.

B. Mapped District Required

The TAI District shall apply only to specifically designated geographic areas approved by ordinance and shown on the official zoning map of the City. No property outside a mapped TAI District shall be eligible for uses governed by this ordinance. The City expressly intends the TAI District to be geographically limited and separated from established residential neighborhoods and recreational amenities.

C. Intent of Location

The TAI District shall be applied only to property meeting the following criteria:

• 1. Located in areas compatible with industrial-scale utility service;
• 2. Adequately separated from residential neighborhoods and lake-centered recreational areas;
• 3. Served by roadway infrastructure capable of supporting construction and operations;
• 4. Compatible with long-term comprehensive planning goals of the City;
• 5. Located so as to minimize impacts upon surrounding residential and agricultural uses.

In plain terms:

The overlay doesn’t apply everywhere. It only applies to specific areas the City maps and approves by ordinance — and the City states plainly that those areas are meant to be limited and kept separate from neighborhoods and the lake. If your property isn’t in a mapped TAI area, none of these rules apply to it. The location criteria (1–5) require any mapped area to have suitable utilities and roads and to be sited to minimize impact on homes and farms.

What it says:

All principal uses governed by this ordinance shall require approval of a Conditional Use Permit (“CUP”). No use shall be permitted by-right. Approval of a CUP shall be discretionary and based upon findings required under this ordinance.

In plain terms:

This is one of the most important safeguards. No project is automatic. Every use covered by this ordinance must apply for a Conditional Use Permit, which is reviewed case by case. “Discretionary” means the City is not obligated to approve it — approval depends on the project meeting the findings required later in the ordinance (see Section 19). “No use shall be permitted by-right” means a developer can’t simply build because the land is zoned for it; they must go through review every time.

What it says:

The following uses may be considered within the TAI District:

• A. Data centers;
• B. Artificial intelligence computing facilities;
• C. High-performance computing facilities;
• D. Cloud computing infrastructure;
• E. Technology campuses and research facilities;
• F. Battery Energy Storage Systems (BESS);
• G. Electrical substations and utility support facilities;
• H. Professional offices and support facilities incidental to approved uses;
• I. Public utility infrastructure;
• J. Accessory uses customarily incidental to approved principal uses.

In plain terms:

This is the complete list of uses that may be considered in the district — nothing outside this list is allowed by the overlay. Note the wording: these uses “may be considered,” not “are approved.” Each one still has to go through the Conditional Use Permit process in Section 3 and meet every standard in the ordinance. The list covers data centers and related computing facilities, battery storage, and the utility infrastructure (substations, etc.) needed to support them.

What it says:

Cryptocurrency mining facilities shall not be considered permitted uses under this ordinance unless separately approved through enhanced Conditional Use Permit findings.

Applicants seeking approval for cryptocurrency mining operations must demonstrate:

• A. Significant local economic benefit;
• B. Electrical demand compatibility;
• C. Noise mitigation measures;
• D. Public infrastructure compatibility;
• E. Compatibility with surrounding land uses.

The Governing Body may impose additional conditions or deny approval where impacts outweigh public benefit.

In plain terms:

Cryptocurrency mining is treated differently and more strictly than a normal data center. It is not a permitted use unless it clears an enhanced (higher) set of findings. An applicant would have to prove real local economic benefit, that the power demand fits, that noise is mitigated, and that it’s compatible with the infrastructure and neighbors. And the City expressly reserves the right to deny it when the impacts outweigh the benefit. In short: it can’t slip in under the “data center” label, and it can be turned down.

What it says:

The following shall be prohibited:

• A. Heavy industrial manufacturing;
• B. Hazardous chemical processing;
• C. Mining or extraction operations;
• D. Outdoor industrial storage unrelated to approved operations;
• E. Petroleum refining;
• F. Waste disposal facilities.

In plain terms:

This section draws a hard line around what the district will never allow. Even though it’s called an “advanced industry” overlay, it expressly prohibits the heavy, polluting, or hazardous uses people often worry about — heavy manufacturing, chemical processing, refineries, mining, junk/outdoor industrial storage, and waste-disposal (landfill-type) facilities. These are banned outright, not merely subject to review.

What it says:

A. Residential Protection Standards

The City finds protection of residential uses to be a primary objective of this ordinance. No principal structure, cooling equipment, generators, battery storage systems, mechanical equipment, or primary operational infrastructure shall be located:

Standard Facilities — Less than five hundred feet (500’) from:

• 1. Any residential zoning district within the City of Linn Valley; or
• 2. Any existing occupied residential dwelling, regardless of jurisdictional boundaries.

Large Facilities — For facilities exceeding one hundred thousand (100,000) square feet or fifty (50) megawatts of electrical demand, no such infrastructure shall be located less than one thousand feet (1,000’) from:

• 1. Any residential zoning district within the City; or
• 2. Any existing occupied residential dwelling regardless of jurisdictional boundaries.

B. Measurement Standards

• 1. Within Linn Valley residential areas, setbacks shall be measured from the boundary of the residential zoning district or residential lot line.
• 2. Outside City limits, setbacks shall be measured from the nearest occupied dwelling structure and not the property boundary.

C. General Yard Setbacks

• Front Yard: 100 feet minimum
• Side Yard: 100 feet minimum
• Rear Yard: 100 feet minimum

In plain terms:

This sets how far facilities must stay from homes. Buildings and the noisy equipment (cooling, generators, batteries) must be at least 500 feet from any home or residential area — and at least 1,000 feet for large facilities (over 100,000 sq ft or 50 megawatts). Importantly, the distance is measured to homes even outside city limits, so rural neighbors are protected too. On top of that, every facility has a minimum 100-foot setback on all yards.

What it says:

No principal facility shall be located within one thousand feet (1,000’) of:

• A. Major lake shorelines;
• B. Public recreational facilities;
• C. Community gathering amenities designated by the City;

unless specifically approved by enhanced findings demonstrating compatibility.

In plain terms:

Because Linn Valley is a lake-centered community, this section keeps these facilities at least 1,000 feet away from the lake shoreline, public recreation areas, and designated community gathering spots. The only way that buffer could be reduced is through enhanced findings — a higher, special level of review proving the project would be compatible — which raises the bar significantly near the lake.

What it says:

A. A minimum one hundred-foot (100’) landscaped buffer shall be required adjacent to residential areas.

B. Screening shall include:

• 1. Evergreen vegetation;
• 2. Native landscaping;
• 3. Berming where feasible;
• 4. Opaque fencing where necessary;
• 5. Visual mitigation to reduce industrial appearance.

C. Facilities visible from public roads shall incorporate design measures intended to reduce visual impact.

In plain terms:

This is about what you’ll see (or won’t). Next to residential areas, a 100-foot landscaped buffer is required, planted with evergreens and native landscaping, with berms (earth mounds) and opaque fencing where needed to block the view. Anything visible from a public road must be designed to reduce its industrial appearance. The goal is that these facilities are screened and softened rather than looming over neighbors or the roadside.

What it says:

No facility shall exceed daytime noise levels of 55 dBA or nighttime noise levels of 45 dBA as measured at the nearest residential property line or occupied dwelling.

Applicants shall provide:

• A. A professionally prepared acoustical study;
• B. Independent verification if requested by the City;
• C. Mitigation measures where compliance is not achieved.

The City may require post-construction testing. Failure to maintain compliance shall constitute a zoning violation.

In plain terms:

This puts hard, enforceable numbers on noise: no more than 55 decibels during the day and 45 decibels at night, measured at the nearest home or property line (45 dBA is roughly the sound of a quiet library or light rainfall). Applicants must submit a professional noise study, the City can demand independent verification and testing after it’s built, and going over the limit is a zoning violation the City can enforce — not just a guideline.

What it says:

All exterior lighting shall:

• A. Be fully shielded and directed downward;
• B. Prevent light spillover onto adjacent property;
• C. Minimize glare;
• D. Preserve dark sky conditions to the maximum extent practical.

Floodlighting shall be prohibited except for temporary maintenance or emergency circumstances. Lighting plans shall be submitted with the CUP application.

In plain terms:

This protects the night sky and keeps light off neighboring property. All outdoor lighting has to be shielded and aimed down, with no spillover or glare onto adjacent land, and floodlighting is banned except for temporary maintenance or emergencies. A lighting plan must be submitted up front with the permit application, so the City reviews it before approval — not after residents complain about glare.

What it says:

A. Plain industrial appearance shall be minimized.

B. Visible building facades shall utilize high-quality materials, including:

• 1. Masonry;
• 2. Decorative concrete;
• 3. Stone;
• 4. Architectural metal systems;
• 5. Glass;
• 6. High-quality composite materials.

C. Plain corrugated metal shall not serve as the primary visible facade material.

D. Facilities shall incorporate landscaping and visual treatments intended to soften industrial appearance.

In plain terms:

This is about how the buildings look. They can’t be plain metal boxes — visible facades must use quality materials like masonry, stone, decorative concrete, glass, or architectural metal, and plain corrugated metal is not allowed as the main visible surface. Combined with the landscaping requirements, the intent is buildings that look intentional and well-designed rather than like a bare industrial warehouse.

What it says:

Applicants shall submit:

• A. Utility impact study;
• B. Water demand analysis;
• C. Electrical infrastructure analysis;
• D. Wastewater and stormwater plans.

No project shall:

• 1. Materially impair water availability to residents;
• 2. Increase water costs to residents;
• 3. Materially reduce service reliability;
• 4. Shift infrastructure costs to taxpayers.

Applicants shall fund infrastructure improvements reasonably attributable to project impacts.

In plain terms:

This directly protects residents’ water and utility bills. Before approval, an applicant must study their water demand, electrical needs, and wastewater/storm drainage. Then come four firm limits: a project cannot meaningfully reduce residents’ water availability, cannot raise residents’ water costs, cannot materially hurt service reliability, and cannot push infrastructure costs onto taxpayers. The developer — not the public — has to pay for the upgrades their project requires.

Note: This is a newly proposed addition to the draft. The specific legal wording is still being prepared. The description below reflects the City’s stated intent for this section; the official text will be inserted here once finalized.

What it will cover (intended):

• Water demand analysis — a required, detailed analysis of how much water a project would use.
• Cooling technology disclosure — applicants must disclose the cooling technology they intend to use (water-intensive vs. low-water / closed-loop / air-cooled).
• “No material impact” standard — a project may not materially impact the community’s water resources.
• Developer-funded improvements — any water-system improvements a project requires must be paid for by the developer, not residents.
• Emergency priority — residential and emergency water needs take priority over facility use.

The final legal text of Section 13A is being prepared and will be inserted here once adopted.

In plain terms:

This proposed section adds an extra, dedicated layer of water protection on top of Section 13. It would force applicants to disclose exactly how much water they’d use and how they’d cool their equipment (the single biggest factor in a data center’s water use), hold them to a “no material impact” standard on the community’s water, make the developer pay for any needed water-system upgrades, and guarantee that homes and emergency services get water first. It responds directly to the concern residents raised most often.

Note: This is a newly proposed addition to the draft, added in response to resident concerns about facilities elsewhere that run on diesel generators instead of connecting to the grid. The wording below reflects the City’s intent and is being finalized with the City Attorney.

What it would say:

• A. A facility governed by this ordinance shall connect to the electric utility grid as its primary source of power.
• B. On-site generators shall be permitted only for emergency backup power and required periodic testing, and shall not be operated as a primary or continuous source of power.
• C. Generator testing shall comply with the noise standards of Section 10, including any approved limits on the days and hours of testing.

In plain terms:

Some of the worst noise and emissions complaints at data centers elsewhere come from facilities that run on diesel generators — often because they haven’t connected to the power grid. This provision prevents that here: a facility must connect to the grid and may use generators only for backup and required testing, never as its everyday power source. It works together with the noise limits in Section 10 and the utility-impact review in Section 13.

What it says:

Battery Energy Storage Systems shall be permitted only upon demonstration of:

• A. Emergency shutdown procedures;
• B. Thermal runaway mitigation plans;
• C. Fire suppression systems;
• D. Hazard mitigation plans;
• E. Emergency responder coordination;
• F. Annual training with local emergency services;
• G. Proof of liability insurance;
• H. Independent engineering certification.

Security fencing and visual screening shall be required.

In plain terms:

This is the battery fire-safety section, and it’s strict. A battery storage project can only be approved if it proves all eight safeguards: emergency shutdown, a plan to prevent thermal runaway (overheating that spreads), fire suppression, hazard planning, and coordination plus annual training with local emergency services so first responders know the site. It also requires liability insurance and independent engineering certification — an outside expert, not just the company, signing off — along with security fencing and screening.

What it says:

Applicants shall provide a construction traffic management plan including:

• A. Truck routes;
• B. Hours of operation;
• C. Temporary traffic control;
• D. Road protection measures.

The operator shall be responsible for repair of extraordinary roadway damage attributable to project construction.

In plain terms:

The heaviest traffic from these facilities is during construction, so this section requires a traffic management plan up front — designated truck routes, limited hours, traffic control, and measures to protect the roads. And critically, if construction causes extraordinary road damage, the operator has to repair it — that cost falls on the developer, not local taxpayers.

What it says:

Prior to Planning and Zoning Commission consideration, applicants shall conduct two (2) public information meetings including:

• A. Project overview;
• B. Public question-and-answer opportunities;
• C. Noise and lighting explanations;
• D. Visual renderings and simulations;
• E. Utility demand overview;
• F. Summary of anticipated community impacts.

Applicants shall submit written responses to frequently raised public concerns.

In plain terms:

This guarantees residents get a real voice before the project is even formally reviewed. The applicant must hold two public information meetings with a project overview, Q&A, explanations of noise and lighting, visual renderings so people can see what it would look like, and a summary of expected impacts. On top of the meetings, they must put their answers to common public concerns in writing. This is in addition to the normal public hearings at the Planning & Zoning Commission and Governing Body.

What it says:

Projects exceeding fifty (50) megawatts of electrical demand or one hundred thousand (100,000) square feet shall enter into a Community Benefits Agreement with the City.

Such agreement may include:

• A. Road improvements;
• B. Broadband or fiber expansion;
• C. Public safety support;
• D. Utility system improvements;
• E. Workforce training opportunities;
• F. Public infrastructure investment;
• G. Other negotiated community benefits.

In plain terms:

For large projects (over 50 megawatts or 100,000 square feet), the City requires a Community Benefits Agreement — a binding deal where the developer gives back to Linn Valley. That can include road and utility improvements, broadband/fiber expansion, public-safety support, workforce training, or other negotiated benefits. The idea is that if a major facility is going to use the community’s infrastructure, it should also invest in the community in return.

What it says:

Operators shall provide financial assurance acceptable to the City including:

• A. Bond;
• B. Letter of credit;
• C. Escrow;
• D. Other approved security.

Facilities inactive for twelve (12) consecutive months shall be deemed abandoned. Abandoned facilities shall be removed within eighteen (18) months. The site shall be restored to a safe and stable condition.

In plain terms:

This answers “what happens when it’s done or fails?” The operator must put up financial security (a bond, letter of credit, or escrow) before building, so the money to clean up exists no matter what happens to the company. If a facility sits inactive for 12 months it’s considered abandoned, must be removed within 18 months, and the site restored to a safe, stable condition. This prevents Linn Valley from being left with an abandoned facility and no funds to deal with it.

What it says:

The Governing Body must find:

• A. Compatibility with surrounding land uses;
• B. Adequate residential protection;
• C. Noise and lighting impacts are mitigated;
• D. Infrastructure is sufficient;
• E. Public safety concerns are addressed;
• F. The project provides meaningful benefit to Linn Valley;
• G. The project preserves the City’s residential and lake-centered character.

Failure to satisfy these findings shall constitute grounds for denial.

[PROPOSED ADDITION — per the latest update, an additional finding on water availability is to be added here (e.g., that the project will not materially impair water availability or reliability for residents). Final wording pending.]

In plain terms:

This is the decision checklist. To approve a project, the Governing Body has to make every one of these findings — that it fits the surrounding area, protects residents, mitigates noise and light, has sufficient infrastructure, addresses public safety, provides real benefit to Linn Valley, and preserves the City’s residential and lake-centered character. If they can’t make these findings, the ordinance says that’s grounds to deny the project. A proposed update adds a specific water-availability finding to this list.

What it says:

If any section, subsection, clause, or provision of this ordinance is held invalid, the remaining provisions shall remain in full force and effect.

In plain terms:

This is a standard legal provision. It simply says that if a court ever strikes down one part of the ordinance, the rest stays in effect. It keeps the whole ordinance from collapsing if a single piece is later found invalid.

What it says:

This ordinance shall take effect upon passage and publication as provided by law.

In plain terms:

Another standard provision: the ordinance becomes effective once it is formally passed and published in the manner Kansas law requires. Until that happens, it remains a draft with no legal force.