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BZA applies UDO criteria in Data Center appeal; county attorney says moratorium would not affect appeal
Summary
At the May 20 hearing the board applied UDO criteria (intensity, character, accessory uses, intent) to the Data Center determination; County Attorney Pat Magrath said a requested moratorium would not change this appeal which proceeds under the current UDO.
The Jefferson County Board of Zoning Appeals based its decision on the Unified Development Ordinance criteria used for classifying unlisted land uses: intensity, character, accessory uses and structures, and intent/compatibility with the Comprehensive Plan. County Attorney Pat Magrath explained that the board's review is limited to whether the Zoning Administrator correctly applied Chapter 2 of the UDO and that a moratorium requested by members of the public would not affect the present appeal because the appeal was filed under the current ordinance.
The record shows the Zoning Administrator's determination was issued Feb. 25, 2026; the appeal was filed March 27, 2026 and amended April 24, 2026 to correct a procedural error. The UDO referenced in the hearing was updated in 2023 and the board cited Section A4 of Chapter 2 and Chapter 7 Section B6 in describing the procedural and substantive standards. The board adopted the staff report and voted 5-0 to affirm the administrator's classification after finding each criterion satisfied.
