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A Resolution extending the current moratorium: 1) on the acceptance and processing of applications for zone map amendments seeking to change the zone of any property in Lexington-Fayette County, if the application includes a preliminary development plan reflecting a data center as the proposed use; and, 2) on the acceptance and review of development plans for data centers, in any zone; and, 3) on the Urban County Government’s issuance of any permits, approvals, and authorizations necessary to the operation of data centers, in any zone, in order to provide the Urban County Government additional time to examine and review the regulation, processing, and impact of data centers in Lexington-Fayette County, and to provide time to review, consider, and amend, if necessary, any Ordinances related to data centers in Lexington-Fayette County so that it may ensure the proper integration of these uses into the adopted land use and zoning scheme; said extended moratorium to remain in place until October 31, 2027. [Council Office, Hall]
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WHEREAS, on June 9, 2026, the Urban County Council (“Council”) adopted a moratorium on the acceptance and processing of applications for zone map amendments seeking to change the zone of any property in Lexington-Fayette County, if the application is for the express purpose of creating a data center; and, a moratorium on the acceptance and review of development plans for data centers in any zone within the Urban County Government, and a moratorium on the issuance of any permits, approvals, and authorizations necessary to the operation of data centers, in any zone, to give the Council time to consider and weigh the benefits in allowing data centers in Lexington-Fayette County, given the recent uptick in demand for same, with the burdens they May impose on local resources, as identified by residents and appointed officials, such as: (1) the environmental impact of data centers within Lexington-Fayette County; (2) nuisances created by data centers within Lexington-Fayette County; and, (3) residential energy costs related to the operation of data centers; and,
WHEREAS, since adoption of the moratorium, the Urban County Council has received extensive public comment that has revealed: (1) substantial concerns regarding the environmental impact of data center operations in other communities; (2) overwhelming disagreement amongst Lexington-Fayette County residents on the appropriate manner in which to regulate data centers; and (3) uncertainty surrounding the potential demand for data center operations by many of the predominant job-producing industries within Lexington-Fayette County (including but not limited to healthcare, banking, and telecommunications); and,
WHEREAS, the Lexington-Fayette Urban County Planning Commission (“Planning Commission”) provided a recommended zoning Ordinance text Amendment to regulate data center uses, but those recommendations May impact the ability of those job-producing industries to meet the growing demand for data center operations within their existing facilities, and May result in inequitable distribution of data centers as a land use within Lexington-Fayette County; and,
WHEREAS, the Council desires to refer an alternative proposal to the Planning Commission to create a separate zoning category for data centers as an exclusive use wherever the data center serves as the principal use, and recommend regulations pertaining to data centers operating as an accessory use, in order to ensure proper integration and distribution of this land use in Lexington-Fayette County in compliance with the pillars of equity and sustainability set forth in the 2045 Comprehensive Plan; and,
WHEREAS, the Council needs additional time to create this proposal, examine the Planning Commission’s recommendations on same, review the extensive amount of public comment regarding the regulation, processing, and impact of data centers in Lexington-Fayette County, and to allow the Planning Commission and Council to hold any additional public hearing(s) before adoption of any new zoning regulations, so that it May ensure the proper integration of these uses into the adopted land use and zoning scheme; and
WHEREAS, this review is estimated to take an additional twelve (12) months, so that the Planning Commission and the Council May fully consider the concerns described herein, and to implement any appropriate changes relating thereto; and,
WHEREAS, at a special Council Committee of the Whole meeting held on October 6, 2026 specifically for the purpose of discussing the regulation of data centers, the Council expressed its desire to extend the previously adopted moratorium as set forth herein for the purposes described herein, and further voted to place an Ordinance on the docket reflecting Council’s desire to extend the moratorium as set forth herein, and now desires to ratify the actions taken by the Council at the Committee of the Whole meeting held on October 6, 2026.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That the actions taken by the Council at the special Committee of the Whole meeting held on October 6, 2026 be and hereby are ratified as set forth herein.
Section 2 - That the current moratorium on the acceptance and processing of applications for zone map amendments that seek to change any zone in Lexington-Fayette County, if the application includes a preliminary development plan reflecting a data center as the proposed use on the property, is hereby extended.
Section 3 - That the current moratorium on the acceptance and review of development plans for data centers in any zone within the Urban County Government is hereby extended.
Section 4 - That the current moratorium on the issuance of any permits, approvals, and authorizations necessary to the operation of data centers, in any zone within the Urban County Government, is hereby extended.
Section 5 - That all Divisions within the Urban County Government are directed to continue to refuse to accept, process, review or issue any zone map amendment applications, development plans, or permits/approvals/authorizations as referenced in Sections 1-3, with the exception of applications already filed, if any, for the duration of this moratorium.
Section 6 - That the purpose of this moratorium is to allow the Urban County Government sufficient time to review and consider issues related to data centers, and implement any changes relating thereto, including any amendments, if determined to be necessary, to any Ordinances related to data centers in Lexington-Fayette County.
Section 7 - That the current moratorium shall remain in effect until October 31, 2027.
Section 8 - That this Resolution shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
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MAYOR
ATTEST:
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CLERK OF URBAN COUNTY COUNCIL
887-26:BGS:4917-3544-2135, v. 1