Staff: Westminster code does not define modern data centers; UDC amendments to follow

During miscellaneous business the Planning Commission discussed whether modern data centers are permitted in Westminster. A commissioner noted City Council had recently adopted a resolution about data centers; planning staff said the zoning ordinance is permissive and the city does not currently define "data center" as a use in the code, so the large, modern data centers the city is concerned about are not contemplated by the current land-use categories.

"Zoning is permissive by nature," the planning manager said, explaining that if a use is not on a list of permitted uses it is not allowed, and that the comprehensive plan's land-use categories do not contemplate data centers as an employment land use because they typically operate with few on-site employees. The manager said the council's view was vetted with the city attorney and that staff will propose UDC amendments to add unambiguous language implementing the Council's policy on data centers. Commissioners raised enforcement questions and staff described business-license review and inspections as primary ways to identify and address unpermitted uses.