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Council advances moratorium language on high‑impact AI data centers, sends ordinance to planning and attorney review
Summary
Sponsor described a moratorium targeting high‑impact data centers (defined by high electrical demand and water use, with a 10 MW threshold cited); council approved a motion to proceed pending planning & zoning amendments and attorney review and was advised a public hearing/resolution will be required for an ordinance.
Councilmember Dan (speaker 3), who introduced the agenda item, described a proposed moratorium on "high‑impact" AI data centers that would pause approvals until issues such as electrical demand, water use, infrastructure impact, job displacement and performance monitoring are addressed. Dan said the draft uses a 10‑megawatt threshold for electrical demand and includes findings of fact and conditions that must be satisfied before such businesses proceed in Fairfax.
City staff reported planning and zoning is drafting a separate data‑center ordinance (based in part on Linn County language) that would add stricter performance, water‑runoff, noise and third‑party inspection requirements. Staff said the proposed moratorium is structured to pause permitting until the listed conditions are satisfied or until the council later votes to lift it.
Councilmembers asked whether planning and zoning's ordinance work should precede the moratorium and whether the city could legally pause consideration of projects while the ordinance is drafted. Some members urged waiting for planning and zoning to finish its draft; others favored moving forward to protect infrastructure while rules are finalized. The council voted on a motion to approve proceeding with the moratorium subject to planning and zoning amendments and attorney review; staff and council clarified that establishing an ordinance will require a resolution to set a public hearing and the standard ordinance reading process.
Why it matters: Data centers can carry large electricity and water demands and raise concerns about infrastructure capacity, environmental impacts and long‑term performance monitoring. The moratorium approach is intended to buy time for policy work and avoid premature approvals.
What’s next: Planning and zoning will refine definitions and proposed verbiage; the attorney will review the draft; staff will prepare a resolution to set a public hearing if the council elects to move forward with a formal ordinance.
