City of Defiance
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Defiance has enacted a six-month pause on data-center applications. A separate proposed charter amendment would bar construction of facilities over 25 megawatts if voters approve it; existing centers could continue operating.
Rating from Ohio statewide as there are no scored current or future laws outside temporary restrictions for City of Defiance.
current law · City of DefianceDefiance enacted a six-month moratorium on acceptance, review, processing and approval of applications for data center development.City of Defiance Emergency Ordinance — Six-Month Data Center Moratorium (2026)
What this means
The measure would impose a six-month pause on data-center applications and, if voters approved the proposed charter amendment, bar construction of data centers over 25 megawatts. Together, these would make new development substantially harder, though the proposed ban is limited to larger facilities and does not prohibit operating existing centers.
Timing
- Ends
- six months after it went into effect
People behind it
- Defiance County Board of Elections
Directed to receive certification of the proposed charter amendment for the ballot.
Restrictions & requirementsHide restrictions & requirements2
A proposed charter amendment, subject to voter approval on Nov. 3, would prohibit construction of data centers whose aggregated monthly demand or peak load exceeds 25 megawatts, regardless of energy source. Its definition covers facilities on one parcel or on contiguous, adjacent, or otherwise aggregated parcels. The proposed amendment’s 25-megawatt threshold
A six-month moratorium bars the acceptance, review, processing, and approval of applications for data center development within Defiance city limits. The article reports that the mayor signed it and it took effect immediately. six-month moratorium
Sources
pending · City of DefianceWould amend Defiance’s Planning and Zoning Code to regulate data centers and power-generating facilities in response to changed conditions and to promote orderly development and public health, safety, and welfare.City of Defiance Ordinance—Zoning Text Amendment for Data Centers (2026)
What this means
The proposed 12-month moratorium would pause hearings and approvals for data center projects, making construction and expansion substantially harder during that period. A hardship exception and conditional-use pathway in some zones soften the effect, but do not outweigh the delay.
Timing
- Ends
- Not to exceed twelve (12) months or 365 days from the effective date, or when Council adopts applicable Planning & Zoning Code amendments, whichever occurs sooner
The moratorium applies to review and approval of data center, bitcoin mining, cryptocurrency, and similar advanced manufacturing uses. Applications may be conditionally processed, but no hearing or approval may occur until the moratorium ends and compliance is confirmed. Hardship exceptions are available under the stated criteria.
People behind it
- City Council of the City of Defiance
Introduced, proposed, and enacted the zoning text amendment and data-center moratorium measures.
- City Planning Commission
Reviewed the proposed data-center uses and recommended the zoning text amendment.
Restrictions & requirementsHide restrictions & requirements20
A moratorium prohibits reviewing or approving zoning permits, site plans, and other development approvals for data centers and similar uses for up to 12 months or 365 days, whichever comes first, unless the City adopts applicable zoning amendments sooner.
During the moratorium, applications may be submitted and conditionally processed, but cannot receive a public hearing or approval until the moratorium ends and the City confirms compliance with the regulations then in effect; applicants proceed at their own risk.
Data centers, data center campuses, and data warehousing facilities are conditional uses in the designated industrial districts, requiring Planning Commission conditional-use approval rather than approval as of right.
Power-generating facilities are conditional uses in M-3 industrial districts, requiring conditional-use approval for facilities meeting that definition.
A moratorium hardship exception requires a written request, required notice and open-meeting review by the Zoning Commissioner and Planning Commission, and clear and convincing evidence of specified criteria, including unreasonable economic hardship, inability to obtain a reasonable return, qualifying pre-moratorium investment, feasibility, and compliance with other laws.
A Planning Commission decision on a moratorium hardship exception may be appealed to the Mayor, whose decision is final.
A zoning permit is required before constructing, enlarging, moving, modifying, or changing the use of a building, structure, or land, and construction cannot begin until the permit is issued.
Zoning applications and permits require payment of City-established fees, and the applicant may also be charged additional professional-review costs.
New nonresidential development, substantial expansions of nonresidential buildings, integrated commercial or industrial centers, and most nonexempt use changes require Planning Commission site-plan review and approval.
Site-plan applications may require detailed surveys, development plans, building and parking information, utility and fire-hydrant details, drainage and storm-water plans, grading, landscaping, screening, and other materials requested by City officials.
Conditional-use applications require Planning Commission review and approval and may be subject to conditions and safeguards addressing compatibility, public facilities, traffic, noise, glare, odors, hours of operation, property values, and other impacts.
If a zoning-map or text amendment is needed, the process requires Planning Commission review and recommendation followed by a City Council public hearing and decision, with specified mailed and published notice periods.
Commercial and industrial development must meet minimum parking, loading, access, sidewalk, landscaping, surfacing, drainage, lighting, and vehicle-maneuvering standards; for an unlisted use, the Zoning Commissioner may assign the standard for the most similar use or require parking-demand data or a study.
Commercial and industrial projects must comply with storm-water requirements, including City Engineer-approved construction and post-construction plans, erosion and sediment controls, and perpetual maintenance arrangements.
Before soil-disturbing work begins, required storm-water, erosion, sediment, and water-quality guarantees must be posted; the performance guarantee must be at least 120% of the approved estimate, and the maintenance guarantee must equal 20% of the estimate and remain for at least two years.
Operations may not create objectionable noise, vibration, odors, glare, smoke, dust, air pollution, water pollution, erosion, or hazardous conditions, and the City may require impact-control statements and plans before issuing a zoning permit.
Nonresidential buildings and uses must meet district-specific lot-area, lot-width, setback, lot-coverage, height, and yard standards, including additional separation distances from residential districts that may be 100 or 500 feet for specified uses.
New development and substantial expansions generally require landscaping, buffers, screening, parking-lot landscaping, and ongoing maintenance; parking areas with five or more spaces require 10% interior landscaping.
Within the College Overlay District, any demolition or improvement requires site-plan review and must meet additional architectural, lighting, trash-screening, pedestrian-walkway, landscaping, and design standards.
Zoning permits for building construction or alterations expire two years after issuance unless construction has reached 50% completion, requiring a valid permit or a new application for later work.
Benefits & exceptionsHide benefits & exceptions24
Data centers, data center campuses, and data warehousing facilities are conditional uses in the M-1, M-2, and M-3 industrial zoning districts, allowing them to be proposed there through the conditional-use process.
The data center definition expressly includes servers, data-storage and processing systems, cooling systems, power generators, power-generating substations, and network hardware, allowing these operational components to be treated as part of the data center use.
The data center campus definition covers related data centers, accessory uses, owned or leased property, and ancillary systems, equipment, utilities, piping, conduit, structures, and other facilities needed to construct, support, operate, repair, maintain, or protect the campus.
Power-generating facilities are conditional uses in the M-3 industrial zoning district, providing a zoning path for qualifying associated or on-site power facilities.
The zoning amendment is declared an emergency and becomes effective immediately after passage by at least five Council members and approval by the Mayor.
An unlisted use may be classified by the zoning commissioner as substantially similar to a listed permitted, permitted-with-standards, or conditional use, allowing the use to be processed under an existing category; an adverse determination may be appealed or addressed through a text amendment.
Offices, warehousing, distribution and storage facilities, research and development facilities, and essential services are permitted in specified zoning districts, potentially providing existing-use classifications for data-center projects depending on their activities and location.
Industrial Planned Unit Developments are available as overlays in the M-1, M-2, and M-3 districts for unified development of large projects, including coordinated circulation, parking, utilities, and site amenities; the tract must contain at least 15 acres and 20% open space.
Industrial PUDs are exempt from most additional setback and dimensional requirements beyond specified perimeter and residential-boundary setbacks, allowing more flexible placement of buildings and infrastructure.
PUD structures and circulation systems may be arranged flexibly around existing vegetation, natural topography, and other site features, with additional site amenities allowed.
A PUD approved by City Council is treated as rezoned and is governed by its approved development plan, uses, densities, and conditions.
A PUD approval remains valid until completion if construction of an approved phase begins within two years; an extension may be granted for reasonable cause if construction has not begun.
For nonresidential development, parking may be reduced by up to 10% or increased by up to 25% from the table baseline without a variance or additional review, with further flexibility available through shared or qualifying off-site parking.
Commercial and industrial developments subject to site-plan review may use shadow parking for up to 30% of required spaces, leaving those spaces landscaped, unpaved, or porous until the zoning commissioner determines that construction is necessary.
When oversized or off-site utility, pavement, or related improvements serve areas beyond the proposed development, the developer is responsible only for the portion serving the proposed subdivision; the City may pay the difference for the broader-area improvements, subject to City Council approval.
Complete storm-water management applications must be approved, returned with comments, or denied with specific deficiencies within 20 working days, and an approved plan remains valid for two years if work has not started.
Complete zoning permit applications for building construction or alteration generally must be approved or denied within 10 days, while change-of-use permits generally must be approved or denied within 15 days.
During the data-center moratorium, proposals may still be submitted and conditionally processed, but no public hearing or approval may occur until the moratorium ends or is terminated and the City confirms compliance with the regulations then in effect.
An applicant may seek a hardship exception to the moratorium through the Zoning Commissioner, Planning Commission, and Mayor appeal process by proving with clear and convincing evidence unreasonable economic hardship, loss of a reasonable investment return, substantial reliance-based investment made without knowledge of pending changes, construction feasibility, and compliance with other applicable laws and regulations.
The moratorium may last no more than 12 months or 365 days and ends earlier if City Council adopts the applicable zoning amendments regulating data centers, campuses, warehousing facilities, and power-generating facilities.
A project with a zoning permit issued before a code change may be completed under that permit and its conditions even if it does not comply fully with the newer code; after completion, it is treated as a legal nonconformity.
A complete application pending when a code amendment takes effect is reviewed under the code in effect when the application was deemed complete, unless the applicant elects review under the new code; expired or resubmitted applications must comply with standards effective at resubmission.
Lawful nonconforming uses may continue, and nonconforming residential or nonresidential uses may be expanded or improved under specified conditions; expansion of a nonresidential use requires Planning Commission approval and a finding of minimal or mitigable adverse impact.
Existing industries may expand on the same or adjoining properties, including across streets, when the land classification is the same and existing setbacks and yard dimensions are maintained; the Planning Commission may determine reduced yard requirements.
Sources
pending · City of DefiancePending citizen initiative, not an enacted ban: the proposed Defiance charter amendment is on the November 3, 2026 ballot.City of Defiance Charter Amendment—Prohibition of Data Centers Over 25 MW (November 2026 ballot)
What this means
If approved, the charter change would block construction of data centers using more than 25 megawatts, while a separate six-month moratorium would pause data-center development applications in the city (ban above 25 megawatts). These are major barriers, though the proposed ban is limited by its power threshold and addresses construction rather than operation of existing centers.
Restrictions & requirementsHide restrictions & requirements2
Would prohibit construction of covered data centers.
Definition aggregates facilities on contiguous, adjacent or otherwise aggregated parcels.
Benefits & exceptionsHide benefits & exceptions1
Scope limitation, not an affirmative approval: definition requires demand or peak load greater than 25 MW.
Sources
Data provided by Regbase · Cookie preferences · Report missing data
