The Cincinnati Planning Commission voted unanimously Friday to temporarily regulate new data centers while the city studies possible permanent regulations. The measure will be up for City Council consideration Tuesday.
"It's becoming increasingly obvious that there is an urgent need to address this," said Council member Anna Albi, the newest member of the Planning Commission. "Not only do data centers pose a real burden on local utilities, it also has dire consequences when it comes to natural resources."
The Department of Planning and Engagement prepared the proposal at the direction of City Manager Sheryl Long and Mayor Aftab Pureval.
"This measure is about making sure our City is prepared for a growing industry and its potential impacts," Mayor Pureval told WVXU in a statement. "Cities around the country, including Cincinnati, have been dealing with rapidly rising energy costs. And new data centers pose the risk of exacerbating those challenges. With this [measure], we want to make sure we’re able to vet new cases and develop policies that protect Cincinnati into the future."
The proposal would establish an Interim Development Control (IDC) Overlay District for three months.
"The IDC is not a ban on data centers, but while it is in effect, an additional review by the City Planning Commission would be required," said City Planner Sophia Ferries-Rowe.
The measure also directs the Department of Planning and Engagement to conduct a study and recommend amendments to the zoning code.
"The zoning study process will include analyzing the existing conditions of data centers in Cincinnati, researching best practices from other cities in our region and around the country for regulating data centers, and conducting public engagement to better understand the city's data needs as well as the community's concerns," Ferries-Rowe said.
A primary objective of the study is to explicitly define data centers, something not currently part of Cincinnati zoning code.
"The data center use is interpreted as self storage now, so anywhere that self storage is permitted, that's where a data center would be permitted," said Kevin Tidd, city attorney in the division of land use infrastructure and utilities. "This is a new thing, a new use, and it is something that the rest of the country and state of Ohio are just kind of grappling with because a lot of zoning codes just weren't prepared for this type of use, especially at the scale that some communities are seeing it."
IDC details
If approved by City Council, the Interim Development Control Overlay District would be in effect for three months. Council could later vote to extend the IDC for an additional nine months after holding a public hearing.
The IDC would cover only the areas of the city in which data centers could be permitted today (as indoor storage facilities). That includes six zoning districts with more than 22,000 individual parcels.
The additional review process would be in effect for applications for a building permit, certificate of compliance, or certificate of appropriateness for new construction, expansion, changes in use, or site improvements to a data center.
During the review process, the City Planning Commission would consider several factors:
- Neighborhood compatibility and community character
- Zoning
- Power and utility coordination
- Water use and availability
- Stormwater management
- Guidelines adopted by Council for the district
- Conformity to any neighborhood, urban design or other plan adopted by Council
- Consistency with any proposed zoning amendments
- Adverse effects on access to the property by public services, traffic conditions, sonic impacts, air quality, etc.
- Public benefits
What happens next
The IDC must be approved by City Council.
A special meeting of the Housing and Growth Committee has been scheduled for Tuesday, Feb. 10 at 10 a.m.
It will meet in City Council chambers at City Hall. If the committee votes to approve the measure, it will be up for final consideration at the full City Council meeting the next day.
Both meetings will be livestreamed on CitiCable.
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