Ordinance No. 26-1000An ordinance amending the Clarksville zoning ordinance to create an industrial technology zoning district; regulate excavation and drilling within the City of Clarksville, Arkansas; to create a definition of data centers consistent with state law; declaring an emergency; and for other purposesWhereas, as authorized by Ark. Code Ann. 14-56-201 et seq., the City of Clarksville, Arkansas (City) regulates the construction of buildings and structures and prohibits the construction of buildings and structures deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare; andWhereas, the City regulates the use of property through its Zoning Ordinance (Ordinance No. 17-793, as amended) adopted pursuant to Ark. Code Ann. 14-56-401 et seq.; andWhereas, the City expects the development of one or more large data centers in the near future and recognizes that other cities and counties across the nation (particularly in Virginia and Arizona) have designed zones and areas specifically for data centers and activity related to data centers; andWhereas, pursuant to Ark. Code Ann. 14-56-423, the Zoning Ordinance may be amended by a majority vote of the City Council; andWhereas, the City Council finds it necessary and appropriate to establish proper zoning and land use controls to facilitate the predictable development of data centers within the municipal boundary of the City and to protect the public peace, health, and safety.Now, therefore, be it ordained by the City Council of the City of Clarksville, Arkansas, that:Section 1. The Zoning Ordinance of the City of Clarksville, Arkansas is hereby amended to add the following underlined language to Section 3.3.1:3.3.1 General Description: The industrial districts are intended to provide areas where manufacturing, data center operations, and industrial activities can take place. They provide space for manufacturing, data center operations, wholesaling, warehousing, processing, storage, assembling, packaging, and similar types of industrial uses and activities. These are the industrial districts: 1) I-1 - Light Industrial District: This industrial use district represents the industrial park areas and also areas suitable for the location of industries which place a heavy emphasis on aesthetics and public relations as evidenced by the nature of their operations which is not detrimental to nearby residential and quiet business districts and by their allocation of an ample amount of the site for landscaping, paved off-street parking, and setbacks from surrounding property lines. 2) I-2 - General Industrial District This industrial district is intended for general and customary industrial uses and activities as listed above in association with the I-1 district, but including also the bulk storage of liquids and solids outside buildings and in the open spaces and the storage and assembly of goods and materials in the open areas outside enclosed buildings.3) I-T Industrial Technology District. This industrial district is intended for the operation of data centers and activities that directly support data centers. Uses permitted in the I-1 district and I-2 district are only permitted in the I-T district when compatible with the operation of data centers. Section 2. The Zoning Ordinance of the City of Clarksville, Arkansas is hereby amended to add the following underlined language as subsection 3) to Section 3.3.2:3) I-T Industrial Technology District. Property, buildings, and structures in the I-T Technology District shall be used only for the following purposes:A. The construction, operation, renovation, removal, and replacement of data centers.B. The construction, operation, renovation, removal, and replacement of facilities that directly support data center operations including without limitation: (i) facilities that generate, store, and distribute electricity, (ii) facilities that receive, store, and distribute water, (iii) broadband and telecommunication facilities, (iv) natural gas transmission, storage, delivery and power generation, and (v) facilities that by their nature are integral to the operation of data centers.C. The construction, operation, renovation, removal, and replacement of buildings, structures, and uses that are not data centers and do not directly support data centers may only be approved by Special Use Permit when the applicant demonstrates that: (i) the building, structure, or use will have no material adverse effect on data centers; and (ii) the applicant has adequate insurance and/or financial security to protect against potential material adverse effects on data centers, in addition to all other Special Use Permit requirements found in Article 4. Buildings, structures, and uses that have material adverse effects on data centers are prohibited in the I-T district.Section 3. The Zoning Ordinance of the City of Clarksville, Arkansas is hereby amended to add a column labeled I-T to the chart found in Section 3.3.3 as follows:AREA REQUIREMENTS ZONING DISTRICT I-1 I-2 I-TMinimum Lot Area (Square feet) N/A N/A N/AMinimum Lot Width as Building Line (Feet) N/A N/A N/AMaximum Building Coverage (Percentage) 35 50 90*Yard Requirements (Feet) A. Minimum Front Yard 40 25 25 B. Minimum Rear Yard 25 25 25 C. Minimum Side Yard 25 25 25 D. Yard abutting Railroad Line 0 0 0* May be increased to 95% by Planning Commission with buffer and beautification compliance.Section 4. The Zoning Ordinance of the City of Clarksville, Arkansas is hereby amended to add the following underlined language and remove the following language in Section 5.9: Section 5.9 Mining, Excavation, Well-drilling, and Material Storage:Mining, Excavation, Well-drilling, and Material Storage: The extraction, removal, or storage of clay, gravel, or sand; quarrying of rock or stone; earth moving and excavation; extraction of subsurface oil, gas, and other hydrocarbons; depositing of construction material, clay, earth, gravel, minerals, rocks, sand, or stone on the ground.Mining, excavation, well-drilling, and the storage of mined or excavated materials shall be expressly prohibited except when authorized by City permit that shall only be issued for locations where expressly permitted in a district, except that the following activities shall be allowed in any zone: 1) The grading of land for a permitted use, if no bank more than 10 feet high is left standing and exposed. 2) Grading in a subdivision approved by the City. 3) A well or an extractive or mining operation existing and operating when this code was passed.4) The temporary removal of soils as part of the routine process of constructing roads, utilities, public infrastructure, authorized buildings, or authorized structures.5) A water well that complies with the construction and installation standards of the Arkansas Natural Resources Commission when the water utility certifies that adequate water supply is unavailable from a public utility.6) Mining, excavation, well-drilling, and material storage within, across, over, and beneath property owned by the City (including without limitation property owned in fee, easements, and rights-of way) when expressly authorized by resolution of the Citys governing body.Section 5. The Zoning Ordinance of the City of Clarksville, Arkansas is hereby amended to add a new Section 5.22 as follows:Section 5.22 Drilling and Excavation Near Critical Facilities:1) When used in this section, the following definitions shall apply:A. Critical Facility means any existing or planned hospital, school, police station, fire station, communication facility, data center, electric substation, electric generator, military facilities, military support facilities, public water facility, wastewater treatment facility, or place where flammable material is used or stored, together with any facilities providing electricity, water, fiberoptic connectivity, telecommunications or other utility services to any of the foregoing Critical Facilities.B. Excavation means to remove soils to a depth that is equal to or greater than twenty (20) feet below the surface.C. Horizontal Well means any drilled shaft or bore that is generally parallel to the surface and connected to a Vertical Well. D. Right-of-Way means any public street, alley, easement, or dedicated public corridor.E. Underground Utility means any buried water, sewer, gas, electric, telecommunications, or other utility infrastructure. F. Vertical Well means any drilled shaft or bore that extends more than twenty (20) feet downward from the surface.2) Permit Requirement: No person shall cause an Excavation, Horizontal Well, or Vertical Well to be made within the City of Clarksville without first obtaining a permit from the City Building Official. A. The permit application shall include: (i) a site plan; (ii) full specifications including depth and dimensions, materials used, and equipment used; (iii) map of nearby structures and property boundaries; and (iv) a statement of compliance with all applicable State and local regulations.B. The permit application for a Horizontal Well shall also include the depth, trajectory, and distance of all Horizontal Wells extending into the boundary of the City.3) Setbacks: Except as provided in subsection 4), no Excavation or Vertical Well shall be made within the following distances:A. Five hundred (500) feet from the property boundary of any parcel containing a Critical Facility; orB. Fifty (50) feet of any occupied structure, Right-of-Way, or Underground Utility. 4) Setback Variance: The Planning Commission may grant a variance from setback requirements for activities allowed in any zone under Section 5.9(1)-(5).5) Horizontal Wells: Mineral owners and mineral lessees retain the right to access and recover their minerals through operations conducted at depths greater than one thousand (1,000) feet below the surface, provided such operations do not:A. Disrupt any Critical Facility or occupied structure; B. Encroach on setbacks described in subsection 3).C. Pass beneath a Right-of-Way or property owned by the City without authority from the City. 6) Interpretation: These rules shall not be construed to prohibit mineral owners or mineral lessees from drilling for, extracting, or otherwise recovering their minerals, including but not limited to oil, natural gas, and other subsurface mineral resources; rather, they are intended to regulate such activities in a manner that will mitigate harm to the City and its residents.Section 6. The Zoning Ordinance of the City of Clarksville, Arkansas is hereby amended to add the following underlined definition in Section 13.3:Data Center: A facility that meets the definition of a qualified data center or qualified large data center under Ark. Code Ann. 26-52-456. Section 7. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.Section 8. Severability. If any section, clause, provision, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance.Section 9. Emergency Clause. It is hereby found and determined that the proper location and zoning of large data centers within the City is important to the harmonious and predictable development of the City, that large data centers are contemplating locating within the City in the immediate future, and the zoning of these data centers should be immediately approved to afford predictability both for the City and data center developers and to protect the public health, safety, and welfare of the citizens of Clarksville, Arkansas; therefore, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval.Passed this 11th day of May 2026.Approved: David Rieder, MayorAttest: Lisa Venson, City Clerk/Treasurer(Published in the Johnson County Graphic May 20, 2026. This publication was paid for by the City of Clarksville General Fund Account in the total amount of $651.70).
