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ORDINANCE NO. 2026-043
AN ORDINANCE AMENDING THE WEST MEMPHIS DEVELOPMENT CODE
TO ESTABLISH THE ADVANCED ENERGY AND TECHNOLOGY OVERLAY
DISTRICT; PROVIDING FOR ITS APPLICATION UPON ELECTION OF THE
LANDOWNER; AND FOR OTHER PURPOSES.
WHEREAS,the Grow West Memphis 2040 Comprehensive Plan identifies the Employment
Center place type as the intended framework for intensive, employment-generating investment,
and directs the City to remove barriers to advanced industry and infrastructure; and
WHEREAS, advanced energy generation, storage, and delivery, together with digital
infrastructure, represent a category of employment-generating investment of exceptional benefit
to the City, West Memphis Utilities, and the region; and
WHEREAS, the West Memphis Development Code provides at Section 3.2(C) for overlay
districts that may permit uses not otherwise permitted in an underlying base district and whose
standards prevail over the base district in the event of conflict; and
WHEREAS, the Planning Commission has recommended approval of this Ordinance to the
City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS:
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SECTION 1. Article 4 of the West Memphis Development Code is amended to add the following
Section 4.24:
4.24 Advanced Energy and Technology Overlay
Purpose— The Advanced Energy and Technology Overlay ("AETO") is intended to implement
the Employment Center place type and the economic development goals described in Grow West
Memphis 2040 by providing, as uses permitted by right, for advanced energy and technology
development. The Overlay is intended to attract and expedite investment of exceptional public
benefit while preserving the City's paramount interest in public health and safety.
Typical Buildings and Structures — Generation, storage, transmission, and fuel facilities; data
and computing facilities; advanced manufacturing and research facilities; and their accessory
buildings and structures. •
Applicability and Election — The AETO is available to, and shall be applied to, any parcel
located within an Employment Center(Industrial)base district(I-1, I-1C,or I-2), upon the written
election of the landowner filed with the Director of Planning and Development, provided that the
Applicant and West Memphis Utilities have entered into a letter of coordination regarding utility
'ECEIVED
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service to the parcel, which coordination may be further documented through a service or
interconnection arrangement as the project matures. Application of the Overlay upon such election
is ministerial, and shall not be unreasonably withheld,delayed, or encumbered; the conditions to
application are that the parcel lie within an eligible base district and that the West Memphis
Utilities coordination described above be in place. A parcel not located within an eligible base
district must first be reclassified to an eligible Employment Center (Industrial) base district by
zoning map amendment before the Overlay may be elected.
Use and Intensity
Within the AETO, and notwithstanding the Table of Uses (Table 5.1) or Section 1.6(B), the
following are permitted by right. The following categories are illustrative and not exclusive, and
any other advanced energy or technology use, and any accessory use of similar character, is
likewise permitted by right:
A) electric power generation, conversion, and associated generating equipment, including,
without limitation, natural-gas-fired generation, advanced nuclear energy systems, fuel
cells, combined heat and power systems, waste-heat recovery systems, geothermal
systems, hydrogen-capable generation, and other dispatchable or advanced energy
technologies; provided,.however, that: (i) a principal-use, ground-mounted solar energy
generation facility exceeding five megawatts alternating current (5 MWac),shall not be
permitted by right and may be approved only pursuant to a conditional use permit in
accordance with this Code; and (ii) a principal-use or utility-scale wind energy generation
facility, shall not be permitted by right and may be approved only pursuant to a conditional
use permit in accordance with this.Code; .
1) a solar energy installation shall not be considered a principal-use, ground-mounted
solar energy generation facility where it is located principally on rooftops,building
façades,parking canopies, or other previously developed improvements, or where
it is accessory to and primarily serves an on-site permitted use.
2) a wind energy installation shall not be considered a.principal-use or utility-scale
wind energy generation facility where it is accessory to and primarily serves an on-
site permitted use, provided that it complies with the applicable height, setback,
airport-protection, and other requirements of this Code.
3) In considering a conditional use permit for a principal-use ground-mounted solar
energy generation facility or a principal-use or utility-scale wind energy generation
facility, the reviewing authority shall consider compatibility with surrounding and
planned land uses; preservation of land suitable for long-term employment-
generating development;potential interference with the orderly expansion of such
uses; and applicable access, screening, drainage, decommissioning, and site-
restoration measures. For wind energy facilities, the reviewing authority shall also
• consider height, setbacks, noise, shadow flicker, aviation safety, required FAA or
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airport-related determinations, radar and communications interference, lighting,
and other identifiable impacts associated with the proposed location.
B) energy storage of any type, including battery energy storage systems and thermal,
mechanical, chemical, hydrogen, and other advanced energy storage,technologies;
C) electrical substations, switchyards, and electrical transmission, distribution, . and
interconnection facilities;
D) natural gas,hydrogen,and other fuel gathering, metering, regulation, compression, storage,
and related infrastructure;
E) data centers, high-performance and artificial-intelligence computing, and
telecommunications facilities;
F) advanced manufacturing, research, and development;
G) water supply, treatment, reclamation, and cooling infrastructure;
H) accessory office, control, operations, maintenance, security, utility, and support uses; and
I) any other use consistent with the Purpose of this Overlay.
All dimensional and intensity standards are governed by the requirements of the underlying base
district, except as this Overlay otherwise provides.
Development Standards —Development within the AETO shall comply with the building, fire,
and life-safety codes of the City and with customary site plan review directed to public safety,
access, and utility service. The protection of public health and safety is paramount.. All
development shall obtain and maintain all federal and state licenses, permits, approvals, and
authorizations required by applicable law; approval under this Overlay constitutes local land-use
authorization only and does not supersede or substitute for any such approval. The Director of
Planning and Development and the building official may impose reasonable, project-specific
conditions within their respective administrative authority, and, where approval is expressly
required by this Code, the Planning Commission 'may recommend and the City Council may
impose reasonable conditions to ensure compliance with this Code and applicable law and to
address identifiable impacts to public health, safety, access, utilities, or adjacent uses. Any
condition of approval shall be reasonable, customary, and commensurate with conditions applied
to'comparable permitted uses, and no condition shall be imposed that is overly restrictive or that
unreasonably withholds, delays, or encumbers development.
Site Specific Elements and Processes
A) Overlay Election. Administrative, upon written election of the landowner to the Director
of Planning and Development.
B) Site Plan Review. Customary site plan review as provided in this Code,directed to public
safety, access, and utilities..
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C) Building Permits. Issued upon satisfaction of the building, fire, and life-safety codes and
customary site planning best practices.
District Exceptions and Notes —Where the standards or uses of this Overlay conflict with those
of the underlying base district or the Table of Uses, this Overlay shall prevail, .consistent with
Section 3.2(C). Nothing in this Overlay waives or diminishes the building,fire, or life-safety codes
of the City.
SECTION 2. The Table of Districts in Article 3 is amended to add the following designation:
"AETO —Advanced Energy and Technology Overlay," classified as an Overlay district; and the
contents of Article 4 are amended to add "4.24 Advanced Energy and Technology Overlay."
SECTION 3. If any provision of this Ordinance or its application is held invalid, such invalidity
shall not affect other provisions or applications that can be given effect without the invalid
provision, and to this end the provisions of this Ordinance are declared severable.
SECTION 4. All ordinances, resolutions and parts thereof in conflict with herewith are hereby
repealed to the extent of such conflict.
SECTION 5. This Ordinance shall take effect and be in force from and after its passage and
approval.
APPROVED and ADOPTED this day of , 2026.
ATTEST:
6a1 ;i:—J
• Mayor
y Clerk y
(SEAL) CITY OF WEST MEMPHIS, ARKANSAS
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Non-binding For discussion pu,poses only
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