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Draft data-center zoning ordinance proposed with three tiers and a prohibition for largest facilities

City-County Advisory Board on Climate and Economic Equity · July 6, 2026
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Summary

Co-chair Dimitrijevich presented a draft three-tier ordinance for data centers (20,000/40,000/60,000 sq ft triggers), including a prohibition for sites over 60,000 square feet and added public-notice and BOZA review for mid-sized applications; the item is likely to go to the City Plan Commission on July 20.

Co-chair Dimitrijevich updated the advisory board July 6 on a developing city ordinance to regulate data centers with a three-tier approach based on size or energy use. The thresholds discussed were 20,000, 40,000 and 60,000 square feet, and she said the top tier (60,000+ square feet) would trigger a ban. "The top 60,000 plus square feet or likewise energy usage is actually a complete prohibition," she said.

Dimitrijevich said the middle tier would require a Board of Zoning Appeals review and neighborhood notice; the ordinance is intended to preserve public accountability and avoid repeat experiences where neighbors felt excluded from early-stage conversations. She said the item is likely to be considered by the City Plan Commission on July 20 and later would move through zoning and the Common Council as required by the municipal process.

The co-chair framed the proposal as an attempt to balance economic development with environmental and water-use analysis and to address equity concerns where industrial zoning is concentrated in certain neighborhoods. She emphasized the ordinance is still evolving and will include public-engagement enhancements.