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The Data Center Divide

City of Cincinnati

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Cincinnati requires review of data-center construction, expansions, use changes, and related site work in six zoning districts through February 11, 2027; it does not ban centers.

Rating from Ohio statewide as there are no scored current or future laws outside temporary restrictions for City of Cincinnati.

current law · City of Cincinnati
Establishes Interim Development Control Overlay No.City of Cincinnati Emergency Ordinance 0037-2026 (2026)

What this means

This would not ban data centers, but it would require commission review of new construction, expansions, changes of use, and related site work during the overlay. Review of power, water, noise, and other impacts could add delay and uncertainty, although the measure does not make any one review factor an automatic reason for denial and is temporary through February 11, 2027.

Timing

Ends
Feb 11, 2027

IDC No. 89 temporarily regulates new or expanded data centers through City Planning Commission review. It was initially established for three months, with a possible nine-month extension; City Council extended it on 2026-04-01, and it expires on 2027-02-11.

People behind it

  • Directed the Department of City Planning and Engagement to conduct the data-center zoning study and propose interim development controls.

  • Proposed the IDC Overlay District, recommended its permit-review rules, and was designated as the administrative reviewer.

  • Affirmatively recommended that City Council establish IDC Overlay District No. 89.

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  • Established IDC Overlay District No. 89 for three months and later extended it for nine months.

  • City Planner who submitted the staff report recommending the zoning study and establishment of IDC Overlay District No. 89.

  • Director of the Department of City Planning and Engagement who approved the staff report recommendation.

Restrictions & requirementsHide restrictions & requirements10

  • Interim Development Control Overlay District No. 89 applies to properties in the CC-A, CG-A, UM, DD, ML, and MG zoning districts—more than 22,000 parcels—and temporarily regulates data-center development while the zoning study is conducted.

  • The overlay initially lasts three months and may be extended for an additional nine months. The City ultimately extended it through February 11, 2027.

  • City Planning Commission review is required for building permits, certificates of compliance, and certificates of appropriateness involving new data centers, alterations, modifications, expansions, changes of use to a data center, or associated site improvements.

  • The Department of City Planning and Engagement is designated as the administrative reviewer, adding a city planning review step to the otherwise applicable permitting process.

  • The City Planning Commission must determine whether each covered application complies with applicable laws and regulations and is in the public interest before approval.

  • Applicants must provide electrical-grid impact studies and demonstrate that sufficient electrical capacity is available without adverse impacts on existing customers.

  • A proposed data center must be designed to avoid excessive water consumption that could impair service to existing customers or exceed public water-system capacity.

  • A proposed data center must address and minimize adverse off-site stormwater effects caused by increased impervious surfaces or reduced vegetative cover.

  • The Commission may consider compatibility with surrounding development and adverse effects on public services, traffic, noise, air quality, and neighboring property use or value when deciding whether an application is in the public interest.

  • Covered applications must conform to the applicable underlying zoning regulations, officially adopted plans, applicable district guidelines, and any zoning-code amendment then under consideration.

Benefits & exceptionsHide benefits & exceptions4

  • Data centers may be developed in the CC-A, CG-A, UM, DD, ML, and MG zoning districts because those districts allow indoor-storage uses, and data-center applications are currently classified as indoor storage uses. currently classified as indoor storage uses

  • The measure does not impose a categorical prohibition or moratorium; it requires specified data-center permits to receive City Planning Commission review while the temporary overlay is in effect. applications shall be reviewed by the City Planning Commission

  • A proposal's failure to satisfy any one public-interest review factor is not automatically grounds for denial, allowing an application to remain approvable despite an issue under a single criterion. failure to conform to any single factor is not necessarily a sufficient basis for denial

  • The overlay is temporary: City Council initially established it for three months, with a possible additional nine-month extension, limiting the duration of the added review controls. for a duration of 3 months

Sources

current law · City of Cincinnati
Extends Cincinnati’s Interim Development Control Overlay District No.Ohio Cincinnati Ordinance 0095-2026 (2026)

What this means

The overlay temporarily adds controls on building or expanding data centers across six zoning districts, a broad area that includes more than 22,000 parcels covering over 22,000 parcels. It is a significant but temporary hurdle, scheduled to expire February 11, 2027; the sources do not say it bans existing centers from continuing to operate expire February 11, 2027.

Timing

Ends
Feb 11, 2027

The interim development control temporarily regulates new or expanded data centers. It was initially established for three months, then extended for an additional nine months; the extended overlay expires on 2027-02-11.

People behind it

  • City Manager who submitted the ordinance extending Interim Development Control Overlay District No. 89.

  • City department directed to conduct the data-center zoning study and develop proposed zoning-code amendments.

  • Recommended establishment of IDC No. 89 and later recommended its nine-month extension.

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  • Established IDC No. 89 and passed the ordinance extending it for an additional nine months.

Restrictions & requirementsHide restrictions & requirements3

  • Temporarily regulates the construction of new data centers and the expansion of existing data centers within the overlay district, rather than allowing those projects to proceed solely under the existing indoor-storage classification.

  • Applies the interim overlay to all Cincinnati properties zoned CC-A, CG-A, UM, DD, ML, or MG—districts where indoor-storage uses are currently allowed—covering more than 22,000 parcels.

  • The overlay remains in effect only for the interim study period: it was initially established for three months, then extended for an additional nine months, expiring February 11, 2027.

Benefits & exceptionsHide benefits & exceptions2

  • The overlay is temporary rather than permanent: it was extended for nine months and expires on February 11, 2027, limiting the duration of any interim restrictions. nine-month extension

  • The interim regulation targets development of new or expanded data centers, rather than existing data-center operations, allowing existing facilities to continue operating without being subject to the overlay's development controls. temporarily regulate the development of new or expanded data centers

Sources

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