McPherson County zoning board schedules public hearing after debate over mandatory studies for proposed data centers

The McPherson County Zoning Board voted to schedule a public hearing for May 13 to consider revisions to a proposed data-center ordinance after an extended discussion about whether the county can require a list of 12 studies for data centers.

Austin, the board's staff reviewer, told members the county's zoning authority is limited by state statute and that conditional-use criteria must be defined in any ordinance. "For the promoting of health, safety and the general welfare of the county, the board may adopt zoning ordinance[s] to regulate and restrict... the location and use of buildings," Austin said, citing statute 11-2-13; he also cited 11-2-17-3 to emphasize that conditional-use rules must include explicit criteria for approval or denial.

Why it matters: Board members and the data-center applicant debated what the county can lawfully require. Several members worried a mandatory "shall" list of studies could be legally problematic because the county cannot directly regulate utilities or occupational safety; others said asking for the information at a conditional-use hearing would be proper due diligence.

Board discussion and points of contention Board members questioned whether the ordinance language that reads "the following study shall be required" would force the county to take studies into account in a way that exceeds…