Planning commission reviews draft ordinance to clarify prohibition of data centers

Michael Baer, the town's planning director, introduced Ordinance 861-26, saying it would add an explicit definition of “data center” and codify that any use not listed as permitted in a zoning district is prohibited. "The Board of Town Commissioners has been considering ordinance 861-26 to prohibit data centers within town limits," Baer said as he summarized staff review and the draft language.

Commission members discussed the practical effect of the draft. One commissioner said a permanent ban could foreclose future uses that might be acceptable as technology and industry practices evolve and favored a temporary pause instead. Staff and counsel emphasized that the draft would carve out governmental server facilities — town, county and federal systems — and that current case law and the town’s permitted-use tables already exclude unlisted uses.

The planning commission did not vote on the ordinance itself; members directed staff to prepare a memorandum for the Board of Town Commissioners. Baer said the planning commission’s role is advisory and that the Board will make the final decision. No members of the public came forward to address the ordinance during the meeting.

The discussion clarified that the draft ordinance is meant to reinforce existing zoning practice by listing data centers among explicitly prohibited uses and by providing a definition used in other jurisdictions. Staff noted the text could be adjusted if the Board or the town later decides a different approach — for example, a time-limited moratorium — is preferable.