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Regbase

The Data Center Divide

Village of Yellow Springs

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

Mixed Data Center Policies

Yellow Springs has enacted a 12-month pause on permits for new data centers over 2 megawatts and certain expansions. Smaller auxiliary centers and projects with applications or permits already in place are exempt.

Rating from Ohio statewide as there are no scored current or future laws outside temporary restrictions for Village of Yellow Springs.

current law · Village of Yellow Springs
Suspends zoning permits and approvals for 12 months for new data centers exceeding 2 megawatts and expansions that would exceed that threshold, with exceptions for auxiliary centers and applications already submitted.Village of Yellow Springs Ordinance 2026-08 (2026)

What this means

The measure would pause permits and approvals for a year for new data centers above 2 megawatts and certain expansions, making covered projects unable to move forward during that period (suspended for twelve (12) months). Smaller auxiliary data centers and projects with applications submitted or permits issued before the measure took effect are exempt, but the temporary moratorium is still a substantial barrier.

Timing

Ends
May 18, 2027

The 12-month moratorium expires on 2027-05-18. It applies to new Data Centers with aggregate monthly demand or peak load greater than 2 megawatts and certain expansions of existing facilities exceeding that threshold. Auxiliary Data Centers and applications or permits submitted or issued before the ordinance's effective date are exempt.

People behind it

  • Gave emergency reading to and passed Ordinance 2026-08 into law.

  • Directed to investigate and review the potential community impacts of data centers during the moratorium.

  • Directed to investigate and review the potential community impacts of data centers during the moratorium.

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  • Directed to investigate and review the potential community impacts of data centers during the moratorium.

  • Directed to investigate and review the potential community impacts of data centers during the moratorium.

Restrictions & requirementsHide restrictions & requirements3
  • For 12 months, ending May 18, 2027, the Village suspends all zoning permits and other approvals for developing, constructing, or operating new data centers with an aggregate monthly demand or peak load greater than 2 megawatts. Applications or permits submitted or issued before the ordinance’s effective date are exempt.

  • During the moratorium, permits and other approvals for expanding or enlarging an existing data center are suspended if the expansion would create an aggregate monthly demand or peak load greater than 2 megawatts. Expansions that remain at or below 2 megawatts may be processed.

  • The moratorium does not apply to an auxiliary data center, defined as one that is not in a standalone structure, occupies no more than 10% of the primary structure’s footprint, serves the property occupant’s enterprise functions, and does not lease data-storage or processing services to nonoccupants.

Benefits & exceptionsHide benefits & exceptions4
  • New data centers with an aggregate monthly demand or peak load of 2 megawatts or less are not subject to the moratorium; the suspension applies only to new facilities exceeding 2 megawatts. the issuance of any and all zoning permits ... for any new Data Centers with an aggregate monthly demand or peak load greater than 2 megawatts

  • Expansion of an existing data center may proceed during the moratorium if the expansion does not create an aggregate monthly demand or peak load greater than 2 megawatts. such zoning permits or approvals for expansion can be processed and are not impacted by this moratorium

  • Auxiliary data centers are exempt from the moratorium. To qualify, the facility must be ancillary to the property’s primary use, not be in a separate standalone structure, occupy no more than 10% of the primary structure’s footprint, serve the property occupant’s enterprise functions, and not lease data services to nonoccupants. The Moratorium shall not apply to Auxiliary Data Centers

  • Applications submitted or zoning permits issued before the ordinance’s effective date are not affected by the moratorium, allowing covered projects to continue through approval, construction, or operation. applications or zoning permits related to the development, construction, or operation of a Data Center where such applications or permits were submitted or issued prior to the effective date

Sources

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