NOTICE OF TOWN OF WAUSAU PUBLIC HEARING ON A DATA CENTER ORDINANCE

NOTICE OF TOWN OF WAUSAU PUBLIC HEARING ON A DATA CENTER ORDINANCE NOTICE IS HEREBY GIVEN THAT a public hearing will be held before the Planning Commission, Town of Wausau, Marathon, WI on Monday, the 3rd day of August 2026 at 6:15 p.m. at the Town of Wausau Municipal Building, 161484 Cty. Rd. Z, Wausau, WI. 54403, for public comment on the creation of a Town of Wausau Zoning Ordinance for Data Centers: Section 17.40. Purpose and Authority. Purpose: The purpose of this Ordinance is to establish guidelines to regulate the siting and operations of any data center and its accessory uses, to proactively inform developers of such regulations, and to further the balance of economic development with community welfare. This Ordinance is adopted pursuant to the Town Board's authority under Wis. Stats. §§ 66.1001(1)(a) and 66.1001(2), §§ 60.10(2)(c), 60.22(3), 60.62, 61.35, and 62.23. Section 17.40.100. Applicability. The provisions of this Ordinance shall apply to all data facilities in the Town of Wausau. In the event that any of these provisions are found to conflict with provisions of the Town of Wausau Zoning Ordinance or any other ordinance of the Town, the most restrictive regulation shall be applied, unless otherwise stated. Section 17.40.101. Definitions. Structure. Anything constructed or erected, the use of which requires a location in or on the premises, or any other attachment to something having a permanent location on the ground, which includes, but is not limited to, objects such as buildings, factories, sheds and cabins, mobile homes, gas or liquid storage tanks, bridges, culverts, decks, satellite dishes over eight (8) feet in diameter or swimming pools. Also included are items of personal property that may have been designed as transportable or as a vehicle but stand in a seasonal or permanent location for storage or intermittent human habitation. Such incidental structures may include, (but are not limited to, truck campers, mobile recreational vehicles, buses, and motor homes.Structure, accessory. A structure which is incidental or subordinate to the principal structure on the same parcel for the use of the parcel as permitted by this code.Data Center. A building or buildings used primarily for the storage, management, processing, and transmission of digital data, which houses computer or network equipment, systems, servers, appliances, and other associated components related to digital storage and operations. It includes cryptocurrency mining, blockchain transaction processing, and server farms. It does not include computers or telecommunications-related equipment that is secondary and customarily incidental to an otherwise permitted use on the property, such as servers associated with manufacturing, banking, health care, or an office building.Data Facility. The combined operations of a data center and its accessories.Data Facility Developer. A person or entity that applies for a permit to construct or operate a data facility.Data Facility Operator. A person or entity authorized to operate a data facility. Section 17.40.102. Regulation of Development and Operations. District Location: A Data Facility shall only be located in the MF Manufacturing District General Industry District (ID) Zoning Ordinance, Section 17.48.3.g.Permit Required: No person or business shall construct or operate a data facility in the Town of Wausau unless issued a conditional use permit.Compliance Required: No conditional use permit to develop or operate a data facility shall be issued or continued unless compliant with this Ordinance.Any application for a permit is subject to site plan review and approval by the Town of Wausau Board.Every structure shall be set back at least two hundred (200) feet from all property lines.Every parking lot shall be set back at least one hundred (100) feet from all property lines.Fencing of the property is permitted, but fences shall not exceed 6 feet in height above ground and shall be of a high-quality design and materials.A data facility developer or operator facility shall control off-site noise levels to maximum extent practicable to avoid adverse impacts neighboring landowners. The noise levels at the property boundaries shall not exceed 60dBA. A noise reduction barrier or device may be required at the discretion of the Town Zoning Official when it is inconclusive that noise level tests do not conform to acceptable noise levels.Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in any form shall be carried on in such manner that it is not perceptible (negatively impacting) at or beyond the property lines. 4. Aesthetics of Structures, Parking, and Overall Property. 5. Maximum Height: The maximum building height for any structure shall be 35 feet inclusive of roof-mounted equipment. 6. Parking: Any data facility development will include off-street parking pursuant to Zoning Ordinance, Section 17.71, providing one (1) space per two (2) employees, plus one (1) space for every business vehicle normally kept on the premises. 7. Off-Street Loading: Adequate loading spaces and areas shall be provided and so located that all vehicles loading, maneuvering, or unloading are completely off the public right-of-way, and have sufficient on-site maneuvering room to avoid vehicles backing on a roadway, when entering or exiting a property. 8. Environmental Controls Light: A data facility developer or operator shall limit night lighting on-site to which is minimally necessary for security and safety. Every effort consistent with the legal requirements for safety shall be made to minimize illumination of the night sky and neighboring properties. 9. Safety and Emergency Management. The equipment used in any data center shall be housed in a metered, electrically grounded, and pre-engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least 30 minutes. The containment space shall contain baffles that automatically close in the event of fire, independent of a possible electrical system failure.No data facility shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare as determined by state and local emergency management, demonstrated by submission of an Emergency Response Plan (ERP) prepared by a qualified professional that: i. Is reviewed and accepted by the local fire department(s) and emergency management services as part of the conditional use process; ii. Includes detailed procedures for fire suppression, containment, ventilation, and evacuation; iii. Includes an evaluation of access roads to ensure suitable access for emergency equipment within the site; iv. Ensures that all emergency personnel receive adequate training specific to the installed system; and v. Includes provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data facility. Battery Storage: When a data facility will include battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, no conditional use permit shall be issued unless the data facility developer demonstrates compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems or similar standards and must include fire suppression systems designed specifically for battery storage. Section 17.40.103. Landscaping. 1. A landscape buffer plan is required between any data facility structure and any adjoining non-MF zoning district or public roadway. 2. The landscape buffer shall be at least (25) feet in width and may be part of the minimum setback distance. 3. Buffer plantings shall consist of native species planted and maintained as follows: Evergreen trees shall be a minimum of (8) feet in height at the time of planting.Deciduous canopy (shade) trees shall be a minimum of 2 ½ inch caliper at the time of planting.Ornamental/flowering trees shall be a minimum of eight (8) feet in height for multi-stemmed varieties, or 2 ½ inch caliper at the time of planting for a single stemmed variety.Shrubs shall be fully branched and minimum of three feet in height at the time planting. Section 17.40.104. Power: A certificate of occupancy shall not be issued if the data center developer has not provided all of the following verifications from applicable service provider: Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the service area is consistent with the normal projected load growth envisioned by the provider.Utility supply, equipment, and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use;Any system designed for cooling and operation of the facility (electricity, water, or other means) will be adequate and will not negatively impact the surrounding region.The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises; andThe electrical work has passed a third-party final inspection. Section 17.40.105. Environmental and Community Impact Analysis: No later than seven (7) business days prior to the commencement of a public hearing on the application for a conditional use permit, the applicant shall provide an environmental and community impact analysis that includes all of the following: An environmental impact assessment compliant with Section 17.40.106 of this Ordinance.A narrative description of the nature of the on-site activities and operations, including the market area served by the facility, the hours of operation of the facility, the total number of employees on each shift, the times, frequencies, and types of vehicle trips generated, the types of materials stored and the duration period of storage of materials;A site plan of the property indicating the location of proposed improvements, flood plains, wetlands, waters of the state and cultural and historic resources on the property and within 1000 feet of the boundaries of the property;Evidence that the disposal of materials will be accomplished in a manner that complies with state, federal, and municipal regulations;An evaluation of the potential impacts of the proposed use, both positive and negative, upon:Emergency services and fire protection,Water supply,Solid waste disposal,School facilities and school district budget, andMunicipal revenues and expenses. Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, heat islands, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances. Section 17.40.106. Environmental Impact Assessment: The environmental and community impact analysis required pursuant to Section 17.40.105 of this Ordinance, shall include environmental impact assessment prepared by a professional engineer, ecologist, environmental planner, or other qualified individual, that includes a description of the proposed use, including location, relationship to other projects or proposals, with adequate data and detail for the Town of Wausau to assess the environmental impact. The assessment shall also include a comprehensive description of the existing environment and probable future effects of the proposal. The description shall focus on the elements of the environment most likely to be affected as well as potential regional effects and ecological interrelationships. At a minimum, the assessment shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts. The assessment shall also include a detailed examination of public resources impacted by the development plan and include the following focus areas: Air pollution impacts emissions from vehicle operations, including from truck engines during idle time. The applicant shall specify best management practices for preventing and reducing the concentration of air-polluting emissions at the site. The owner or operator shall have anti-idling signs prominently posted in areas where 15 or more trucks may park or congregate.The potential for public nuisance to residents resulting from operations and truck traffic, including noise, glare, light, and visual obstacles, exists.A stormwater management plan will be required.Consistency with the municipal and county comprehensive plan. The applicant shall submit an assessment report of the impact of the proposed use on the goals of the respective plans. Where the proposed use conflicts with the comprehensive plan, the assessment report shall identify mitigation measures that may be undertaken to offset any degradation, diminution, or depletion of public natural resources.Additional considerations. The following shall also be addressed:Alternative analysis. A description of alternatives to the impacts.Adverse impacts. A statement of any adverse impacts that cannot be avoided.Impact minimization. Environmental protection measures, procedures, and schedules to minimize damage to critical impact areas during and after construction including design considerations.Mitigation steps. A listing of steps/structural controls proposed to minimize damage to the site before and after construction. i. Critical Impact areas. In addition to the above, plans should include any area, condition, or feature that is environmentally sensitive or that, if disturbed during construction, would have an adverse impact on the environment. ii.Critical impact areas include, but are not limited to, floodplains, riparian buffers, streams, wetlands, slopes greater that 15%, highly acid of highly erodible soils, hydric soils, hydrologic soil groups areas of high-water table, and mature stands of native vegetation and aquifer recharge and discharge areas. iii.A statement of impact upon critical areas and of adverse impact that cannot be avoided. iv.Environmental protection measures, procedures, and schedules to minimize damage to critical impact areas during and after construction. Section 17.40.107. Water and Sewer. If the data facility will rely upon nonpublic sources of water, the applicant shall submit the findings of a water feasibility study that determines if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity.No data facility shall be approved unless the water feasibility study demonstrates that the anticipated water supply yield is adequate for the project and that the proposed water withdrawals and discharges will not endanger or adversely affect the quantity or quality of groundwater supplies or surface waters in the vicinity. The water feasibility study shall include the following information at a minimum:The projected water demands of the data facility;The sources of the water to be used;A description of how water will be used, including the amount or proportion of water to be used for each purpose (e.g., cooling, humidity control, fire suppression, and domestic usage);The long-term safe yield of the water source;A description of the amount or portion of water withdrawn that will be recycled or discharged and by what means;A geologic map of the area with a radius of at least one mile from the site;The location of all existing and proposed wells within 1,000 feet of the property boundary, with a notation of the capacity of all high-yield wells;The location of all surface waters, including perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries, within 1,000 feet of the property boundary;A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, surface waters, and the groundwater table;A statement of the qualifications and the signature(s) of the person(s) preparing for the study.A data facility developer or operator shall demonstrate compliance with applicable regulations of Marathon County, including regulations and ordinances adopted under the county's authority to regulate shoreland and navigable waters.The applicant shall demonstrate that adequate means of wastewater disposal, including domestic wastewater and wastewater used for cooling or industrial purposes, have been provided to and approved by the Wisconsin Department of Natural Resources (DNR) and Department of Justice (DOJ) as applicable. Section 17.40.108. Severability: If any sentence, clause, section, or part of this Ordinance or the Zoning Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts hereof. It is the intent of the Town of Wausau that this Ordinance and the Zoning Ordinance would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein. Section 17.40.109. Fees: The Town of Wausau Board will determine fees. The Town of Wausau Clerk will hold a list of fees. The fee will be payable to the Town of Wausau Treasurer. A double fee will be charged for after the fact permit applications. All applicable costs incurred by the Town of Wausau, pertaining to this project, including professional review of all submitted documentation, shall be paid by the applicant. Application fees are assessed pursuant to the Town of Wausau fee schedule. Section 17.40.110. Violations and Penalties: Violations of this ordinance area subject to penalties pursuant to Zoning Ordinance, Section 17.100, and any other applicable ordinance. Section 17.40.111. Effective Date: This Ordinance shall take effect upon acceptance of the Wausau Town Board. WNAXLP July 20, 27 2026 LWIX0557572