Aurora’s proposed data center regulations head to final vote

The Aurora City Council in Illinois is poised to vote on a set of stringent data center regulations that officials claim would be among the most restrictive in the United States. Currently, data centers are classified as warehouses under city codes, allowing development without explicit City Council approval. The proposed changes would grant the City Council authority over approvals or denials, while also imposing requirements related to energy and water use, noise levels, and other emissions. Aurora Corporation Counsel Yordana Wysocki described the proposed ordinance as "the most restrictive zoning ordinance in Illinois for sure, and very much so among those nationwide." These regulations primarily target new data center developments and significant renovations, coming into effect after the city lifts its current moratorium. The temporary pause on new data center and warehouse construction was enacted last September by the Aurora City Council to allow time for the development of these new rules, prompted by an increase in data center applications and ongoing resident complaints about existing facilities. The moratorium is set to expire on Tuesday, coinciding with the vote on the regulations, though staff may recommend a 30-day extension, which the City Council could further extend. The impetus for these strict rules stems partly from resident advocacy, particularly concerning noise from the existing CyrusOne data center located on Aurora’s East Side. Residents have reported "unlivable" noise levels from backup generators and rooftop cooling units. Although the new regulations won't retroactively address the CyrusOne facility, the city and CyrusOne have an agreement in place to mitigate these ongoing noise issues. The proposed regulations mandate sound studies for new developments, specific noise limits (59 dB day, 49 dB night), and setback requirements for chillers and generators, at least double those found in other communities. Furthermore, the regulations require new data centers to meet energy efficiency standards, provide energy modeling reports, and incorporate on-site renewable energy generation (25% of peak demand) or battery storage. Water efficiency standards are also included, prohibiting evaporative cooling using drinking water. Additionally, Aurora proposes a local version of Illinois's Biometric Information Privacy Act to safeguard local protections even if state laws are weakened. Penalties and enforcement agreements with the city are also part of the proposed framework, reflecting a broader trend of stricter data center oversight across the Chicago suburbs, including recent project rejections in Naperville and approvals in Yorkville and Joliet, often met with community pushback.