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Plan Commission asks staff to redraft proposed moratorium on large data centers; hearing tentatively set for May 12
Summary
Staff presented a draft temporary moratorium modeled on Madison’s language to pause permitting of large hyperscale data centers while Middleton crafts a tailored zoning approach. The Commission asked staff to remove unclear 'non‑conforming' language, clarify exceptions for accessory/incidental uses and return a revised draft; members agreed to target a May 12 public hearing date.
Planning staff introduced a draft temporary moratorium intended to pause permitting of large hyperscale data centers and telecommunication centers so the city can develop a data‑center specific zoning district and standards. The draft is modeled on ordinances other Wisconsin municipalities have used and includes a 10,000‑square‑foot threshold as a trigger in the draft.
Kristin Parent, executive director of the Middleton Chamber of Commerce, said the chamber does not oppose pausing to plan but urged the city to refine the ordinance’s definitions and avoid unintended impacts on existing businesses that may operate server infrastructure as accessory uses. “We are all in favor of pausing this to plan it accurately,” Parent said, asking staff to clarify language and exceptions.
Commission discussion focused on two drafting problems: a provision that would treat certain data centers as temporary 'non‑conforming uses' (problematic because non‑conforming status typically presumes a formerly lawful use) and an 'exceptions' paragraph that reads as an incomplete clause in the posted draft. Commissioners generally agreed to remove or rework the non‑conforming language, better define 'principal' versus 'accessory' data center uses (and consider a percentage or square‑foot rule for accessory/incidental operations), and to keep the 10,000‑sq‑ft threshold for larger primary facilities while protecting smaller accessory operations.
Staff recommended returning refined language (in consultation with the city attorney and Dane County advisory resources) before setting a public hearing; commissioners agreed that a May 12 public hearing would provide adequate time for staff and legal review and for public notice. Staff will publish the revised draft with the hearing notice once edits are complete.
What’s next: staff will redraft the moratorium language (remove unclear non‑conforming text, clarify exceptions and accessory‑use treatment), consult the city attorney and Dane County materials, and return the revised draft to the Plan Commission with a proposed May 12 public hearing date.
