The Law vs.
Industrial Sprawl
A technical examination of why the Karis proposal fails to meet the legal burden of Section 6-3-8:3.
The Burden of Proof
In the City of Naperville, a Conditional Use Permit is not guaranteed. The Municipal Code specifies that the petitioner bears the sole responsibility of proving their project will not harm the surrounding community.
If the petitioner fails to satisfy even one of the following four criteria, the Planning and Zoning Commission and City Council have the clear legal authority—and mandate—to deny the application.
The Mandatory Standards
Detailed findings regarding Municipal Code § 6-3-8:3
General Welfare & Safety
"The proposed use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare."
Failure Analysis: The massive concentration of 24+ industrial diesel generators introduces significant carcinogenic risks. Studies on "Data Center Alley" in Virginia show that high-density server farms create localized air quality degradation.
Property Enjoyment
"The use will not be injurious to the use and enjoyment of other property in the immediate vicinity."
Failure Analysis: High-decibel cooling fans operate 24/7. Unlike an office, this industrial humming prevents "quiet enjoyment" for Naper Commons residents and users of the Illinois Prairie Path.
Infrastructure Impact
"Adequate utilities, access roads, drainage and/or other necessary facilities are being provided."
Failure Analysis: Naperville's electric grid is not equipped for the 50MW draw. This risks utility rate hikes for residents to fund industrial-scale power upgrades for a single private entity.
Zoning Consistency
"The use shall in all other respects conform to the applicable regulations of the district."
Failure Analysis: ORI is intended for Office/Research. A massive data center is Heavy Industrial Utility, representing a case of inappropriate "spot zoning."
The Master Plan
Conflict
In 2019, the City of Naperville adopted a Land Use Master Plan. For this corridor, the mandate was absolute:
This parcel is designated for Medium-Density Residential. Approving industrial use violates the city's promise to its citizens.
Official Planning Goals
- Promote transitions from commercial to residential to support housing needs.
- Minimize industrial "leakage" into recreational sectors.
- Preserve the integrity of the Illinois Prairie Path corridor.
Status: Direct Violation