[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6658079,"mediaKeyId","5031191-039dcbb6e2f9d6d9dbc034c364a18034","parentId",5031191,"title","Planning director defends private-utility classification; staff begins zoning text-amendment work on data centers","audioSeconds",1444,"startMs",2016000,"endMs",3460000,"viewUrl","/Search/View?dp=1&key=5031191-039dcbb6e2f9d6d9dbc034c364a18034&start=2016&end=3460","thumbnailUrl","https://assets.pipeline.soar.com/5031191-039dcbb6e2f9d6d9dbc034c364a18034/thumbnail_2016000.jpg","articleUrl","/articles/6658079/Oldham-County/Kentucky/Planning-director-defends-private-utility-classification-staff-begins-zoning-text-amendment-work-on-data-centers","mediaUrl","https://secure.pipeline.soar.com/6658079-68b86fcb16324deb7c8e527387572e5d/orig.mp4?Expires=1771135766&Signature=j3bNi0BUuEtIv323N-q1mLDuG-KHlJgEGl9scg16DckJalfWobVFcmSFUjjrIO1Ctk~9-VNpDuVBtrRik3igsP9QUJeD-jPDxsEaU9KUW7nghVMPMtsheAREDqRTo9hrMR-2-KfopPWj3GkkmQKcxQ8v~cnGWD6yOErk63yPDodBGM0nrkw-3qwDXY0plls-2tCFtWXy7VS7w~8avgXveYSB2z0MVJJfznUta64XshObHt4NqA6nOyJkaEeA-9rtBTinMPzkdE8Kn9Bbl6lye0h-7Joo9VCf59bSiGlx0a6udMQV5-oFn86d6xydNS7as32M2KLn-GvSp~aYZOndZA__&Key-Pair-Id=KUT5TJCACFTXG","author","Oldham County","date","2025-06-19T17:40:33.183Z","article","Planning Director Ryan Fisher told the Oldham County Board of Adjustments and Appeals that his decision to categorize the proposed Project Lincoln data center under the county\u0000s \"private utility\" definition grew from research, peer outreach and the absence of a specific data-center use in the zoning code. Fisher described consults with other planners and national reference sources, and said he chose a private-utility classification because it would require a conditional-use permit rather than permitting the use by right.

Fisher said he began researching the issue after being asked about a potential data center in late 2023 and early 2024, and that he discussed the matter with prospective applicants and outside counsel in January and February 2025. He described sending inquiries to planning colleagues around the state and consulting the APA planner\u0000s dictionary; those contacts reported mixed approaches elsewhere (telecom hotel, warehousing, industrial), but Fisher said no Kentucky jurisdiction had a clearly analogous \"data center\" category in place. \"My determination at that point was that it fit closest with the private utility designation,\" Fisher said, adding that classifying the use as a private utility ensured a conditional-use path \"which would come before you all as the Board of Adjustments.\" (direct quote attributed to planning director Ryan Fisher in transcript)

Staff\u0000s procedural and policy response: Anna Barge, senior planner, told the board that county staff has opened a zoning text-amendment process to consider how data centers should be handled going forward. Fisher outlined the normal zoning-text amendment path: Study Review Committee (a planning-commission subcommittee) meets to craft provisions; next the Planning Commission considers a recommendation; then the county fiscal court and affected municipal legislative bodies (LaGrange, Crestwood, Pewee Valley) must act for countywide changes.

Why staff favored private-utility classification now: Fisher said his intent in selecting a private-utility classification was to avoid leaving the proposal as a use permitted by right (which would bypass public hearings) and instead route it into a conditional-use process so agencies and the public could review impacts such as power demand. He told the board he required the applicant to go through TRC (Technical Review Committee) in addition to the Board of Adjustments so that technical agencies would have a public venue to weigh in.

Board and public reaction: Board members asked whether the planning office could instead create a new use and definition immediately; Fisher described the zoning-text amendment workflow that typically takes two to three months through SRC and the Planning Commission before reaching the fiscal court and municipalities. Residents and appellants pressed the board that a legislative definition should be in place before administrative acceptance of applications; planning staff said they were pursuing precisely that text-amendment track.

Next steps: Planning staff will continue SRC meetings to draft data-center regulations, then route recommended language through Planning Commission and the county\u0000s governing bodies. Meanwhile, applicants may continue to submit TRC/CUP applications; staff and counsel said those filings will follow the ordinary notice and hearing process and can be conditioned if approved.","mediaType","Video","parentTitle","Oldham County Board of Adjustments June 19 2025","oneSentenceSummary","Oldham County Planning Director Ryan Fisher said he classified a proposed data center as a \"private utility\" after statewide outreach and review of local ordinance language, and staff has started a zoning text‑amendment process to create a specific regulatory category for data centers.","taxTitle","Oldham County, Kentucky","taxId",72448,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6658083,"Oldham County board denies three appeals of planning director—s private-utility ruling as moot",8482,866000,9348000,"/Search/View?dp=1&key=5031191-039dcbb6e2f9d6d9dbc034c364a18034&start=866&end=9348","https://assets.pipeline.soar.com/5031191-039dcbb6e2f9d6d9dbc034c364a18034/thumbnail_866000.jpg","/articles/6658083/Oldham-County/Kentucky/Oldham-County-board-denies-three-appeals-of-planning-directors-private-utility-ruling-as-moot","https://secure.pipeline.soar.com/6658083-39ce93fe13dc09d39c857850e8ebb376/orig.mp4?Expires=1771135766&Signature=mjVzqTzKrGbAoX3ahMYuAeoNNMmMxJO~P0NaJMdtBDYbKKjxgteKFdG5E-Zg4t6hNcHbn~xDJUP~zGx2Lakz2N1x6tF9MKV2q3l3QDpkKo5mkflLvLluVtLYOPxhvLlzoMn~~SEc5yEZaCKpDNVkkh1H8BxOX0pGgjfHHmflt3BJ1JUumWhTJ4afTn3Tppp5XHkhAT~QEhy4RYn75bjQa1mO-LLI9k3xwTfEbeU8FwXp-X~OkjtXaBM8l-yrVCf9HWqDXKLpNY7XNpWivEvOkH5LXF6i9qtvAFKjhn26SeIsUuAeQoWelubjo5dfYqcl1zGQdK7927lDI2YwmWyS3A__&Key-Pair-Id=KUT5TJCACFTXG","The Oldham County Board of Adjustments and Appeals on a voice vote denied three separate appeals that challenged the planning director\u0000s classification of a proposed data center as a \"private utility,\" concluding the application those appeals targeted had been withdrawn and therefore the appeals were moot.

The appeals concerned a proposed hyperscale data center originally linked to 3557 North Highway 53 in LaGrange. Anna Barge, senior planner, told the board the appeals filed by Robert Houchins, Nana (Nana/Nate) Lampton, and Nathan and David Oberg (We Are Oldham County) all referenced the Highway 53 location and AG-1 zoning; staff later noted Western Hospitality Partners had withdrawn the 53 application and filed a new Technical Review and conditional-use application for a different parcel (DW Griffith Lane). Barge summarized staff\u0000s position that the withdrawal left the three appeals untimely or irrelevant to a live application.

Why it matters: The planning director\u0000s classification would determine whether a proposed data center is processed as a conditional use (requiring public hearings and conditions) or otherwise treated. Appellants argued the planning director\u0000s interpretation was unlawful because the zoning code does not expressly list \"data centers\" and because a private utility historically denotes services regulated or provided to the public. Western Hospitality Partners and planning staff argued the director applied the county\u0000s existing definitions in good faith and that the appeals were untimely given the public notice and community awareness earlier in the spring.

What the board decided: After argument from attorneys and testimony from experts and residents, the board voted to deny each appeal as moot because the conditional-use/technical-review application tied to 3557 North Highway 53 had been withdrawn. The three docket numbers referenced in the hearing materials (appeal dockets listed as OC25-020-21 and OC25-020-22 in the staff materials) were each denied on that basis. Board discussion also recognized the practical result: a new or amended application for a different parcel would restart notice deadlines and hearings and could be subject to fresh appeals.

Key arguments presented:
- Appellants: Attorneys for the appellants and expert witnesses argued the county\u0000s zoning ordinance requires conditional uses to be \"specifically named,\" cited Kentucky zoning statutes and case law, and said data centers are not a public-service utility regulated by the Public Service Commission and therefore should not be shoehorned into the \"private utility\" category without a legislative zoning amendment. Appellants additionally asserted they filed appeals within 30 days of receiving notice (they cited discovery by open-records and published filings in early May) and argued the director\u0000s verbal February determination (made in a private meeting, they said) did not constitute formal public notice.
- Planning director and proponents: Planning Director Ryan Fisher described his research and outreach to other planning officials, federal/state guidance and industry definitions, and concluded the \"private utility\" definition in the Oldham County ordinance best fit the proposed data center and would place the project in the conditional-use process (not permit it by right). Counsel for Western Hospitality Partners and for the director urged the board to dismiss the appeals as untimely or moot and emphasized that the conditional-use process would allow public hearings and conditions.

Public comment: More than a dozen residents spoke during the public-comment portion, with most opposing the proposed data center and urging stricter local regulation. Speakers raised concerns about local land use compatibility, water and fuel storage, noise and environmental impact, property values, and a desire that the issue be handled by elected legislative bodies through zoning text amendments rather than by administrative interpretation.

Outcome and next steps: The board denied the three appeals as moot. Board members and staff noted the county is pursuing a zoning text amendment process to define and regulate data centers (see related coverage). If Western Hospitality or another applicant re-files for the same or a different parcel, that application would be processed on its merits under existing procedures and any new appeals would be governed by the notice deadlines and appeal rules once a new application is posted and accepted.","The Oldham County Board of Adjustments and Appeals voted to deny three administrative appeals challenging the planning director\u0000s determination that a proposed data center could be classified as a private utility, concluding the underlying application had been withdrawn and the appeals were therefore moot.","actionData","errors"]

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Planning director defends private-utility classification; staff begins zoning text-amendment work on data centers

Oldham County board denies three appeals of planning director—s private-utility ruling as moot