Branson has AI Data Center operation under control

In recent days, AI Data Centers and their impact on local communities have been a topic of discussion everywhere. From the U.S. Congress to state and local governments across the country, it seems that everyone is scrambling to control these centers and their impact. The good news is that in 2024, well before the current frenzy filled headlines and sparked public anger, Branson passed a zoning ordinance setting requirements for operating these centers and protecting our community from their impact.

The legal process began on June 4, 2024, at a special board meeting. Aldermen voted 4–2 to place a 100-day pause on permit requests for these types of centers. Then Acting Planning Director, now Planning Director, Amanda Ross warned board members about the potential impact these centers could have on our community. She noted the potential risks to local power capacity and neighborhood peace from endless cooling fan noise, pointing out that Branson’s existing ordinances at the time did not cover this new type of business.

Aldermen Glenn Schulz, Thomas ‘Artie’ Lucas, Ralph LeBlanc and Ruth Denham voted for the pause. Aldermen Marshall Howden and Clay Cooper voted against it. The temporary pause gave city staff and lawyers time to study sound rules, meet with business owners and write permanent zoning laws.

On July 29, 2024, the Branson Planning Commission held a special meeting and public hearing to review proposed changes to City Code. City officials presented draft rules limiting data centers to industrial zones and requiring a special use permit. The proposed rules defined modular cooling boxes — called Manufactured Engineered Non-Residential Units, or MENUs- and required builders to put up a permanent main building on site before placing modular units, underground power lines, and a 500-foot buffer from homes and schools. It also set a strict noise cap of 65 C-weighted decibels—a sound scale that catches deep, low-frequency hums—dropping to 55 C-weighted decibels near quiet neighborhoods.

During the public hearing, commenters raised fears of dropping home values, lost sleep and endless low hums. One neighbor compared the sound to a commercial hair dryer running day and night. On the other hand, project developers argued that C-weighted noise rules, the building setbacks and main building requirements created unfair barriers to business growth. The Planning Commission voted unanimously, 8–0, to send the bill to the Board of Aldermen. 

Three days later, on August 1, 2024, the Board of Aldermen held a special meeting and public hearing during which it passed the first reading of Bill Number 6472 by a 6–0 vote. In the process, they added campgrounds, hotels, nightly rentals and motels to the 500-foot buffer. They also allowed temporary office permits during main building construction.

The board took final action on the bill at its August 13, 2024, meeting. Alderman Glenn Schulz requested that the bill be removed from the consent agenda so that he could add some additional changes.

Among other things, those changes pertained to definitions, noise levels, brightness of lighting coming from the facility, limited nighttime generator testing, required paved parking and created a process for the notice and appeal of noise complaints. 

The board passed Schulz’s technical updates by a 5–1 vote. On the final vote to pass Ordinance Number 2024-0071, aldermen approved the law 5–1. Aldermen Howden, Cooper, Schulz, LeBlanc and Denham voted for the bill. 

Alderman Thomas ‘Artie’ Lucas cast the only "No" vote against both Schulz’s technical updates and the final ordinance. Explaining his decision during final board comments, Lucas said, “I know that there are going to be some people that are upset tonight because of some of the decisions and things that were said, but I will be able to go home and put my head on my pillow and sleep fine.”