The Branson Board of Alderman (BOA) will consider the adoption of an ordinance regulating data centers, cryptocurrency and other data mining, and similar industries at a special BOA meeting at 6 p.m. on Thursday, August 1, 2024, at Branson City Hall. Per the Branson Municipal Code, prior to sending the ordinance to the BOA, the Planning Commission reviewed and approved it unanimously at a Special Planning Commission Meeting held at Branson City Hall on July 29, 2024.
On June 4, 2024, the Branson Board of Aldermen held a special meeting to consider imposing a 100-day administrative delay and moratorium on applications and permits for developing data centers and cryptocurrency mining centers in Branson. While presenting the staff report for a moratorium, Amanda Ross, Acting Planning and Development Director for the city said that such operations have become a worldwide concern due to infrastructure requirements, energy consumption, noise pollution and other challenges. She pointed out that the Branson Municipal Code does not adequately address appropriate protections and buffers for these operations and requested a 100-day moratorium. The moratorium passed by a four (4) to two (2) vote, with alderpersons Marshall Howden and Clay Cooper voting “No” and Alderpersons Glenn Schulz, Thomas’ Artie’ Lucas, Ralph LeBlanc, Ruth Denham voting “Yes.”
After extensive research and input from stakeholders and community members during the moratorium, the ordinance was developed, reviewed by the Planning Commission, and sent to BOA. Some of the major areas it covers are:
1. DEFINITIONS: Definitions specific to Data Centers and Cryptocurrency Mining operations such as Data Center, Cryptocurrency, Cryptocurrency Data Center, Commercial Cryptocurrency Mining, Cryptocurrency Server Farm, and Manufactured Engineered Non-Residential Unit (MENU).
Of particular importance in terms of regulating the chief complaint over the operation of these facilities, the noise they generate, are the following definitions:
Decibel (dB): Decibel (dB) means a decibel(dB) is ten (10) times the common logarithm of the ratio of two power terms expressed in the same units of power.
Sound Pressure Level (SPL): Sound Pressure Level (SPL) means the sound pressure levels stated in dB units referenced to 20 micropascals, with a C frequency weighting and a 10 mS response with peak detection per ANSI S1.4-2014.
Noise: Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noise Disturbance: Noise Disturbance means any sound which: (a.) Endangers or injures the safety or health of humans or animals; or (b.) Annoys or disturbs a reasonable person of normal sensitivities; or (c.) Endangers or injures persons or real property.
2. LIMITED TO INDUSTRIAL ZONING DISTRICTS: the Table of Permitted Uses in the BMC is modified to permit the operation Data Centers only in Industrial Zoning Districts and then only with a Special Use Permit.
3. USE AND STRUCTURE STANDARDS: Provisions in the BMC are amended to “emphasis that Industrial uses shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level as established by Branson Municipal Code of Ordinances contained within Chapter 58 and Chapter 94, of Branson Municipal Code.”
4. Special Use Standards: This requirement covers certain conditions that must be met as part of the Special Use Permit request. These conditions include specific site requirements, such as sound and noise requirements and utilities and resource conditions.
5. LANDSCAPING AND SCREENING FOR UTILITY AND SERVICE SCREENING: This section covers the general requirements for mechanical equipment screening. It requires that the Manufactured Engineered Non-residential Units (MENUs), which will generate the majority of the heat and noise from the operation, be hidden “from view by a combination of landscaping, an opaque fence, or a decorative wall. The fence or wall shall be of a height equal to, or greater than the height of the MENU being screened.”
At the Special Planning Commission Meeting on July 29, the primary concern expressed during the Public Hearing was the potential noise these operations could generate and how the ordinance proposed measuring noise levels using Sound Pressure Level (SPL) instead of the less restrictive Decibel (dB). The proposed ordinance reads, “The SPL attributable to infrastructure of the data center property shall not exceed 65 dBC, as measured at all data center property line. For data centers located within 500 feet of any allowed residential use or district, place of worship, daycare, park and educational facilities, the SPL attributable to the facility shall not exceed 55 dBC at all data center property line.”
During the Public Hearing, representatives of a company that currently runs data centers and cryptocurrency mining centers and wants to operate in Branson made comments suggesting that the less restrictive method of measuring sound, dB, be used. Another commenter pointed out that many sound engineers use the SPL method when setting sound levels at theaters and other public venues. The Planning Commission left the ordinance presented by staff with the more restricting SPL method of measuring sound.
The public will have an opportunity to comment on the ordinance during the BOA meeting on August 1.
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