Whitley County planning staff to draft one‑year moratorium on data centers; working definition proposed

WHITLEY COUNTY — Planning staff told the Whitley County Planning Commission on July 15 that county commissioners have directed a draft moratorium on data centers, and staff presented a working definition to guide the moratorium draft.

Staff said the directive (issued July 6) asks the planning commission to prepare a moratorium that would be in effect for no more than one year and would expire once data‑center regulations are adopted. Because public‑notice deadlines were missed, the commission did not consider the moratorium as a public‑hearing item that night; staff will circulate a draft for review and place the moratorium on a public‑hearing agenda next month.

Planning staff offered a working definition largely pulled from another municipality’s code: “a portion of a facility used primarily for data services, including the storage, processing, management and distribution of data through the use of computer systems, servers, networking equipment, and related components.” Staff proposed two explicit carve‑outs: server rooms that operate as accessory uses serving a primary business on the same property, and facilities that exclusively serve telecommunications providers or public utilities.

A commissioner urged caution: “Do not try to define it because there was no clean way to do so,” noting that regulating impacts rather than definitions can be more effective. Staff responded that the moratorium must state what it temporarily prohibits and that a working definition for the moratorium does not preclude a different permanent regulatory approach later.

Staff outlined the timeline: a public hearing on the moratorium draft next month, county‑commission consideration on Sept. 8, and an expiration date of no later than Sept. 7, 2027 if the moratorium is adopted. Staff said accessory, small data infrastructure serving existing businesses would be excluded from the moratorium under the proposed draft.

Commissioners asked whether proposals filed before adoption would be subject to the moratorium; staff said the moratorium would begin when commissioners adopt it in September, so filings made before adoption could proceed through rezoning and special exceptions, but staff cautioned the political and practical odds of approval would be low once a moratorium and draft regulations are in public circulation.

The commission also discussed broader outreach: an Aug. 31 joint public hearing required by House Bill 101 will convene planning jurisdictions to discuss housing supply and affordability; that session is an advertised public hearing, not a voting item. The planning commission adjourned at the end of the meeting.