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The Data Center Divide

Berlin Township

Mixed Data Center Policies

Ohio offers qualifying data centers significant sales-tax exemptions on equipment, subject to investment, payroll, reporting, and other conditions, while fees apply to participants. New exemption requests are paused, which may raise costs for new projects; data centers are not banned.

Rating and summary from Ohio statewide as there are no scored current or future laws outside temporary restrictions for Berlin Township.

unknown · Berlin Township
Berlin Township has scheduled a special public meeting for August 19, 2026, to begin amending its zoning resolution specifically for data centers (special public meeting).Knox County, Ohio township zoning amendment process specific to data centers

What this means

The proposed moratorium would temporarily stop data center development in Knox County until June 30, 2027, or until new rules are adopted, whichever comes first (moratorium period). That is a major barrier, though it is temporary; Berlin Township’s notice only starts a process to consider zoning changes and does not set new requirements.

Timing

Ends
2027-06-30 or until the Knox County Commission adopts new regulations governing the placement and operation of data centers, whichever comes first

The Knox County moratorium applies to data centers. The Berlin Township notice separately initiates a zoning-resolution amendment process and does not itself impose a moratorium.

People behind it

  • Initiating the zoning resolution amendment process concerning data centers.

  • Issued the public notice for the special meeting to initiate the data-center zoning amendment process.

  • Adopted Resolution R26-6-904 establishing the data-center moratorium and referred it for review and recommendation.

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  • Reviewing the moratorium, making a recommendation to the Knox County Commission, and drafting regulations governing data centers.

Restrictions & requirementsHide restrictions & requirements14
  • Knox County, Tennessee has a moratorium on data centers through June 30, 2027, or until the County Commission adopts new regulations governing their placement and operation, whichever occurs first. The resolution places a moratorium on data centers.

  • The Tennessee moratorium is intended to prevent data-center development while regulations are drafted defining data centers, identifying where they may be located, and establishing operating standards. The purpose of the moratorium is to allow the Planning Commission time to draft those regulations.

  • Berlin Township has scheduled a special public meeting to initiate a zoning-resolution amendment process specifically for data centers, creating an additional legislative review step before data-center-specific rules can be adopted. The purpose of the meeting is to initiate the zoning resolution amendment process specific to data centers.

  • Under Berlin Township’s current resolution, no building may be erected, converted, or altered, and no land may be used, except for a purpose permitted in the applicable zoning district; buildings must also comply with district area, yard, and parking requirements. No building shall be erected, converted, or altered.

  • Berlin Township requires a zoning certificate before a new or changed building, structure, or land use may be used, and applications must include scaled plans showing the property, structures, heights, and existing and intended uses. It shall be unlawful for an owner to use a structure, building, or land until a zoning certificate has been issued.

  • A Berlin Township certificate of occupancy is required for a newly erected or structurally altered building, a change in building use, new use of vacant land, a change in land-use classification, or a change of nonconforming use. A Certificate of Occupancy shall be required for these activities.

  • If a proposed Berlin Township use is treated as a conditional use, approval by the Board of Zoning Appeals is required, including a public hearing; the Board may impose additional conditions to protect neighboring property and the public interest. The BZA shall hold a public hearing on each application for a conditional use.

  • Berlin Township’s performance standards prohibit objectionable impacts, including uncontrolled noise, discernible vibration or odors on adjoining property, harmful air pollution, visible glare, and water pollution; proposed uses likely to violate these standards must be referred to the Board of Zoning Appeals. No land or building in any district shall be used or occupied in violation of these requirements.

  • Nonresidential buildings or uses in Berlin Township generally may not be located closer than 50 feet to a residential district or residence, unless a greater district setback applies, and screening is required next to residentially zoned land. Nonresidential buildings or uses shall not be located.

  • Berlin Township requires interior landscaping for parking areas larger than 6,000 square feet or containing at least 14 spaces, including permeable landscaping equal to 5 percent of the parking area and specified tree and island requirements. Any open parking area containing more than six thousand.

  • A Berlin Township building or use with at least 5,000 square feet that requires vehicle receipt or distribution of materials must provide at least one off-street loading space, with additional spaces required above 10,000 square feet. In any district, in connection with every building subject to those conditions.

  • A Berlin Township planned industrial development requires at least 20 acres, review of a preliminary and final development plan, a public hearing and zoning-change application to the Township Trustees, and a greenbelt of at least 20 feet around the project. The owner of a tract of undeveloped land may submit such a project only when the tract is 20 acres or more.

  • A Berlin Township zoning amendment requires a public hearing by the Zoning Commission, notice published at least 14 days beforehand, certified-mail notice to affected property owners, review by the Regional Planning Commission, and a recommendation to the Township Trustees. The Zoning Commission shall set a date for a public hearing between 20 and 40 days after initiation.

  • A Berlin Township zoning amendment adopted by the Trustees does not become effective for 30 days, and during that period qualified township voters may petition for a referendum using signatures from at least 8 percent of the applicable prior gubernatorial-election vote. Such amendment or supplement adopted by the Trustees shall become effective in 30 days.

Benefits & exceptionsHide benefits & exceptions7
  • The I-1 Light Industrial District permits several uses that can provide a zoning basis for a data-center project, including business support services, manufacturing or assembly, research laboratories, professional and administrative offices, and public service facilities. These uses must otherwise comply with I-1 requirements, including an 8,000-square-foot minimum lot, 60-foot minimum lot width, 50-foot front yard, and applicable parking, loading, landscaping, and screening rules. I-1 permitted uses

  • In the I-1 District, the Board of Zoning Appeals may conditionally approve uses otherwise prohibited by the resolution, except residential uses, if the proposed use will not extend detrimental or obnoxious effects beyond the industrial district. This creates a discretionary approval path for a data center that does not fit an expressly permitted use. conditional I-1 uses

  • A Planned Industrial Development may be proposed on at least 20 acres of undeveloped or redevelopment land regardless of the tract's zoning classification when the plan is filed. It may use any I-1-permitted use, and the Zoning Commission may modify applicable distance requirements and other district standards. The project still requires plan review, a public hearing, and appropriate rezoning by the Township Trustees. 20-acre planned industrial development option

  • Planned Industrial Development standards require installation of necessary utilities meeting county specifications and provide for interior streets, parking, loading, and vehicle-storage facilities. This supports development of a large industrial campus, although the infrastructure must be provided by the project and approved under the applicable standards. required utilities and infrastructure

  • A lawful existing data center or comparable use that became nonconforming may continue under the nonconforming-use rules. However, enlargement, extension, reconstruction, substitution, or structural alteration generally requires Board of Zoning Appeals approval, and the nonconforming use cannot resume after discontinuation for 12 months or more. continuation of lawful nonconforming uses

  • Essential services are exempt from the zoning regulations where authorized and regulated by law. The resolution defines public service facilities to include power plants, substations, and communication services, which may facilitate some utility or communications infrastructure associated with a data-center project. essential-services exemption

  • The zoning amendment procedure provides a defined route for adding data-center regulations: amendments may be initiated by the Zoning Commission, Township Trustees, or affected owners or lessees; the process requires public hearings and recommendations from the Regional Planning Commission; and an adopted amendment normally becomes effective after 30 days unless a qualifying referendum petition is filed. This creates a formal path for future data-center zoning rules, but it is not a financial incentive or an exemption from regulation. amendment initiation procedure

Sources

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