Number
251924
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. DIMITRIJEVIC, BROWER, STAMPER AND BAUMAN
Title
A substitute ordinance relating to a temporary pause in the establishment and development of data centers.
Section
Analysis
This ordinance prohibits the acceptance of application materials related to the establishment and development of data centers for 1 year, or until the zoning code is amended to define and regulate data centers.
Body
Whereas, The Common Council finds that the unprecedented proliferation of data centers poses new and unique challenges to communities, including impacts to energy and water infrastructure, the environment, and the public health, safety, and welfare; and
Whereas, Cities and states across the country are struggling to determine how to regulate this new and unique land use; and
Whereas, The current Zoning Code for the City of Milwaukee does not specifically regulate this land use; and
Whereas, The Common Council intends for data centers to exist in harmony with the City’s existing Citywide Policy Plan, including the Climate and Equity Plan; and
Whereas, Common Council File Number 260142 is intended to amend the City’s Zoning Code to establish a regulatory framework for data centers; and
Whereas, It is therefore appropriate to temporarily prohibit the building of new data centers until such a time as the City’s Zoning Code is amended to accommodate this new type of land use; now, therefore
Part 1.
In this ordinance, “data center” means a facility, other than a transmission tower, used primarily to operate, maintain, or provide access to computer and network facilities for the transmission of voice, data, text, internet, sound, or full-motion-picture video between network termination points, together with accessory uses and facilities such as offices, air handlers, power generators, generator fuel storage, water cooling and storage facilities, and utility infrastructure that supports sustained operation of the data center. Data center shall not mean a computer server room or data facility that serves another principal use on the same premises.
Part 2.
No city department, board, commission, agency, or officer shall accept for filing, review, processing, or approval any application, permit request, occupancy request, zoning request, site-plan submission, or similar request seeking to establish, construct, enlarge, expand, convert, or occupy a data center during the effective period of this ordinance. This prohibition shall apply regardless of how the facility is defined in the application materials, provided that the proposed principal use meets the definition of a data center, as defined in Part 1.
During the effective period, any such submission shall be returned to the applicant.
This prohibition shall not apply to planned development districts under s. 295-907.
Part 3.
This ordinance shall be in effect for 1 year after passage, or until the zoning code is amended to define and regulate data centers.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB181292-8
Dave Gelting
July 16, 2026