Proposed Ordinance #8-01-26-81 would amend the Land Use Ordinance to prohibit data centers. The agenda identifies the proposal as subject to Planning Commission discussion and recommendation to the Town Council, so the source does not establish that the ban has been enacted.

Under Article 7, Section 7-4, a use not specifically listed as permitted in a zoning district is prohibited unless the Land Use Administrator determines that it is similar to a permitted use. An applicant for an unlisted use must submit a Concept Plan for a use determination, and the Administrator may refer the matter to the Board of Adjustment if the applicant seeks relief from the determination.

The ordinance provides a pathway for an unlisted use to be approved as similar to a permitted use. A data center could seek a determination from the Land Use Administrator that it closely resembles a permitted use, provided it does not create greater health, safety, noise, dust, odor, glare, or traffic impacts than comparable permitted uses. Specifically prohibited uses cannot use this pathway.

The I-1 Light Industrial district allows certain manufacturing, warehousing, business, and office uses to operate inside buildings, while the I-2 Heavy Industrial district accommodates larger or heavier industrial uses. A data center approved under an applicable use classification could therefore potentially locate in these districts, subject to the district’s setbacks, buffers, utilities, and other standards.

Property owners may petition to rezone property, including when the requested zoning is consistent with the Comprehensive Plan, when the original zoning contained an error or oversight, or when changed nearby conditions prevent reasonable use under the current zoning. The process includes Planning Commission review and a Town Council public hearing.

The ordinance allows lawful nonconforming uses to continue after a later ordinance amendment makes them nonpermitted. The use may not be enlarged, increased, extended, or relocated to a district that does not allow it, and its nonconforming status ends if the use stops for more than six months.

The ordinance requires public water and sanitary sewer connections for each lot and principal use where those systems are available or municipally approved, and requires developers to provide required utility infrastructure at their expense. This establishes a utility-service framework for approved developments, although it does not provide financial assistance.