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Regbase

The Data Center Divide

Village of Commercial Point

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

Slightly Anti-Data Center Policies

Commercial Point’s enacted rules appear to both clarify data-center zoning and bar new facilities, with narrow exceptions for two properties; another enacted measure describes an 18-month development pause, though its rationale calls it proposed.

current law · Village of Commercial Point
Amends the Village of Commercial Point Zoning Code to add data center usage to Chapter 1171.02(c) and declares an emergency.Commercial Point Ordinance 2023-09 (2023)

What this means

If enacted, this would explicitly add data center use to a zoning provision, which could make it clearer where data centers may be developed and ease local approval (add data center usage). The sources do not describe the provision’s exact conditions or any wider effect, so the benefit appears limited.

Restrictions & requirementsHide restrictions & requirements1

  • The measure establishes a moratorium that prevents the construction, expansion, or operation of data centers in the Village while the moratorium remains in effect.

Benefits & exceptionsHide benefits & exceptions1

  • Amends Chapter 1171.02(c) of the Village zoning code to expressly add data center usage, creating an authorized zoning basis for data centers to be built or operated under that provision.

Sources

current law · Village of Commercial Point
The signed Commercial Point Ordinance 2026-10 records adoption on April 6, 2026, correcting the row's prior pending status.Commercial Point Ordinance 2026-10 (2026)

What this means

If enacted, it would bar new data centers from being established, built, operated, or approved (“No Data Center shall be established, constructed, operated, or approved”). Only two named properties could continue as nonconforming uses, and their expansion and rebuilding would be tightly limited.

People behind it

  • Village Solicitor; approval as to form

  • Recorded mover on passage

Restrictions & requirementsHide restrictions & requirements3

  • Prohibits establishing, constructing, operating or approving data centers.

  • Restricts expansion, intensification, enlargement and rebuilding beyond 50% of replacement value.

  • Terminates nonconforming status after 12 consecutive months of discontinued use.

Benefits & exceptionsHide benefits & exceptions1

  • Limited nonconforming-use protection for the Durrett Road AWS and Jahn Farm properties.

Sources

current law · Village of Commercial Point
Establishes an 18-month moratorium on data-center development in the Village of Commercial Point through Commercial Point Ordinance 2026-09, prohibiting the acceptance, review, approval, issuance, or furtherance of applications, permits, plans, or requests for constructing, expanding, siting, or operating data centers.Commercial Point Ordinance 2026-09 (2026)

What this means

The proposed measure would pause data center development for 18 months, blocking the processing or approval of applications and permits for building, expanding, siting, or operating a data center (an 18-month moratorium). That is a major temporary barrier, though it is not a permanent ban and allows council to make exceptions.

Timing

Ends
18 months after passage

The moratorium applies for 18 months and remains in effect until that period expires unless duly repealed by Council.

People behind it

  • Legislative body that adopted and imposed the 18-month data-center development moratorium.

  • Moved for passage of the resolution.

  • Seconded the motion for passage of the resolution.

Restrictions & requirementsHide restrictions & requirements5

  • An 18-month moratorium prohibits the acceptance, processing, review, approval, issuance, or furtherance of any application, permit, plan, or request related to constructing, expanding, siting, or operating a data center within the Village.

  • The moratorium covers zoning applications or amendments, conditional applications, site-plan applications, planned-development applications, building permits, and other development-related permits, as well as any data-center-related request, inquiry, or filing.

  • No pending or future application may be processed or approved during the moratorium, regardless of whether it is complete, unless Council provides an exemption through separate legislative action.

  • The restriction broadly applies to hyperscale and cloud-computing facilities, server farms, colocation facilities, high-density computing or AI-processing facilities, and associated accessory or supporting infrastructure.

  • The resolution takes effect immediately upon passage under an emergency declaration.

Benefits & exceptionsHide benefits & exceptions1

  • Protects the ability of property owners, developers, and interested parties to communicate with Village officials, present conceptual or potential projects, request information, and discuss future development opportunities during the moratorium. This does not permit applications, approvals, construction, expansion, siting, or operation, and is limited by the separate prohibition on data-center-related development activity.

Sources

repealed · Village of Commercial Point
Amends Section 1042.05 of the Village of Commercial Point Codified Ordinances concerning the discharge of cooling water and unpolluted industrial process water into the sanitary sewer through Commercial Point Ordinance 2023-10, which declares an emergency.Commercial Point Ordinance 2023-10 (2023)

What this means

An 18-month moratorium on data center development would block new projects in the Village during that period, a major near-term barrier. A separate measure repeals the provision prohibiting new data center uses, which could ease restrictions afterward, but the temporary halt still has substantial practical impact.

Timing

Ends
18 months after adoption

The measure establishes an 18-month moratorium on data center development within the Village of Commercial Point. The source does not provide an explicit calendar expiration date.

People behind it

  • Introduced Ordinance 2023-10 by conducting its first reading.

  • Moved to adopt Ordinance 2023-10.

  • Seconded the motion to adopt Ordinance 2023-10 and moved to suspend its readings.

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  • Seconded the motion to suspend the readings of Ordinance 2023-10.

Restrictions & requirementsHide restrictions & requirements1

  • [ { "provision": "Establishing an 18 Month Moratorium on Data Center Development": "halts data center development within the Village for 18 months and declares an emergency." }, { "provision": "Prohibiting new data center uses": "repeals Codified Ordinance section 1171.02(c)(9) to prohibit new data center uses, while establishing limited nonconforming-use provisions for specified properties." } ]

Benefits & exceptionsHide benefits & exceptions1

  • Amends Section 1042.05 to allow the discharge of cooling water and unpolluted industrial process water into the Village sanitary sewer, providing a wastewater-disposal option for facilities with those discharges.

Sources

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