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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: September 24, 2025
SUBJECT:
An Ordinance establishing a temporary moratorium on Data Center Facilities and Warehouses in all Zoning Districts
PURPOSE:
In order to respond to public concerns around noise, energy prices, environmental impacts, and congestion, the City recommends establishing a temporary moratorium on the acceptance, processing, or approval of new applications for the construction, expansion, or establishment of data centers and warehouses within the City of Aurora for a period of 180 days from the effective date of this ordinance.
BACKGROUND:
The City of Aurora, through the Development Services Department (Sec. 2-280) and the Zoning & Planning and Building & Permits Divisions, are responsible for reviewing and approving applications related to zoning, planning, permitting, and economic development.
Staff has documented dozens of neighborhood complaints regarding environmental issues at our existing data centers having to do with emissions, noise from multiple normal and emergency operational sources and vibration from emergency operations. Aurora has classified Data Centers, the larger contributor to these types of complaints, as a type of warehouse.
At present, the zoning ordinance and building codes do not include tailored provisions addressing data center developments, despite their significant and unique neighborhood environmental impacts on ambient sound, emissions, energy consumption, stormwater management (Chapter 18), water usage, utility capacity, infrastructure strain, and long-term fiscal balance.
Researching new technology and regulatory best practices, we find that the planning industry and many zoning regulatory agencies are beginning to address these neighborhood impacts in ways that do not exist in our current ordinance. We would like the opportunity to analyze newer industry best practices and propose changes, if any, that best address the concerns of our affected constituencies.
A temporary pause on applications will allow staff and Council to fully evaluate potential environmental, fiscal, and community impacts, and to consider amendments to the Code to regulate such uses in a way that protects the City's long-term interests.
DISCUSSION:
This ordinance temporarily halts acceptance or approval of applications for zoning, permitting, or development of warehouses and data centers.
? The moratorium will apply to new applications and expansions of existing facilities.
? It will not apply to:
o Warehouse remodeling and Data Hall remodeling in existing Data Centers with entitlement applications filed before the effective date of this ordinance;
o Routine maintenance or repairs at existing data centers that do not increase operational capacity;
o Public safety or emergency facilities operated by government entities.
The moratorium will allow staff to:
? Research national best practices and safeguards implemented through zoning ordinances and building codes.
? Study the environmental, stormwater, and utility impacts of data centers and warehouses.
? Assess fiscal impacts, including long-term service and infrastructure costs.
? Develop potential zoning or performance standards.
? Report findings and recommendations to the Rules, Administration, and Procedure Committee, and the Building, Zoning, and Economic Development Committee within three months.
? Create a definition for data centers and other special use types of warehouses if needed.
IMPACT STATEMENT :
This moratorium will prevent new centers entitlement petitions from being approved during the 180 days review period. Developers and applicants will retain the ability to proceed with projects already under review or with zoning entitlement applications deemed complete prior to adoption.
The moratorium will ensure that the city has the necessary time to evaluate long-term sustainability, infrastructure, and economic development goals before committing to additional large-scale facilities.
RECOMMENDATIONS:
The Planning and Zoning Commission recommended APPROVAL of this temporary moratorium on Data Center Facilities and Warehouses in all Zoning Districts
cc: City Council
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance establishing a temporary moratorium on Data Center Facilities and Warehouses in all Zoning Districts.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, subject to said Section, the City is authorized to establish temporary restrictions on the development of certain property uses within the City for the limited and specific purposes of determining whether and to what extent additional regulations are necessary to promote and protect the public health, safety, morals and welfare of the City and its residents;
WHEREAS, pursuant to Section 2-280 of the City of Aurora Code of Ordinances, the Development Services Department is responsible for zoning, planning, permitting, and economic development, and the Zoning & Planning and Building & Permits Divisions has jurisdiction over annexation, permitting, planning, and zoning; and
WHEREAS, the City has determined that better zoning regulations need to be established for data center facilities and warehouses, as defined in Section 49-103.3 of the Aurora Zoning Ordinance, as amended, and wishes to establish a temporary zoning moratorium on datacenters and warehouses in all Zoning Districts to preserve the status quo while the City studies, analyzes, and possibly adopts new zoning and development regulations; and
WHEREAS, the City has determined that it is necessary, and in the City's best interests to impose a temporary zoning moratorium on the receipt of and processing of applications for the approval of, and the issuance of any type of permit or approval for datacenters or warehouses in the City; and
WHEREAS, a public hearing was held by the City Planning and Zoning Commission on September 24, 2025, pursuant to public notice as required by law; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section 1. FINDINGS OF FACT AND RECOMMENDATION.
The corporate authorities of the City of Aurora find that the Aurora Planning and Zoning Commission conducted a public hearing on the proposed moratorium on September 24, 2025, pursuant to notice under Article 11, Division 13 of the Illinois of the Illinois Municipal Code. The City Council hereby adopts the findings and recommendations of the Aurora Planning and Zoning Commission concerning the temporary zoning moratorium on datacenters and warehouses in any Zoning District.
Section 2. TEMPORARY MORATORIUM ESTABLISHED.
A temporary zoning moratorium ("Temporary Moratorium") is hereby established is established on the receipt of applications for the processing and approval of, and the issuance of any type of permit for datacenters or warehouses as defined by Section 49-103.3 of the Aurora Zoning Ordinance.
Section 3. DURATION.
The Temporary Moratorium established in this Ordinance will be, and is hereby established for a period of 180 days from this Ordinance's Effective Date, and the Temporary Moratorium will expire at 12:01 a.m. on March 24, 2026, unless prior to that time, the Development Services Director, in his sole and absolute discretion, extends this Temporary Moratorium by 30 days, for a total of 210 days, or if the City Council lifts the temporary moratorium by ordinance.
Section 4. STUDY AND RECOMMENDATIONS.
The Development Services Department, in consultation with the Sustainability and Economic Development Department and other City departments, shall study the impacts of data centers, learn how other cities are handling data center and warehouse development, and present findings and recommendations to the City Council or Committee of the Whole within three (3) months for discussion only.
Section 5. EXCEPTIONS.
The Temporary Moratorium established in this Ordinance will not apply in the following circumstances and the City may accept, process and, if appropriate, approve permit applications for the following types of work:
(A) Warehouse remodeling and Data Hall remodeling in existing Data Centers with entitlement applications filed before the effective date of this ordinance;
(B) Routine maintenance or repairs at existing data centers that do not increase operational capacity;
(C) Public safety or emergency facilities operated by government entities.
Section 6. EXISTING APPROVED PERMITS.
Nothing in this Ordinance will affect the rights of any person or entity whose application for a permit pursuant to Chapter 25 of the City's Code or petition for zoning relief pursuant to Chapter 34 of the City's Code for a datacenter or warehouse that has been approved by the City. Nothing in this Ordinance will affect the rights of any person or entity who has submitted a completed application under Chapters 25 or 34 for zoning relief or a permit for a datacenter or warehouse prior to this Ordinance's Effective Date.
Section 7. CONDITIONAL PROCESSING OF NEW APPLICATIONS.
Any proposal to construct or build a datacenter or warehouse in any Zoning District may still be presented to the City for consideration, and such applications will be processed conditionally during the term of the Temporary Moratorium, but no such application will be finally approved until (a) the expiration or termination of the Temporary Moratorium and (b) the City confirms that the application complies with the applicable regulations in effect following the expiration or termination of the Temporary Moratorium. Persons or entities filing an application pursuant to this Section 7 do so at their own risk.
Section 8. HARDSHIP APPEALS PROCESS.
An applicant seeking to establish a Temporary Moratorium Use may seek an exception from the Temporary Moratorium as follows:
(A) File a written request for relief with the Zoning and Planning Director on forms provided by the City.
(B) A request for relief will be considered at a public hearing, properly noticed in accordance with the Zoning Ordinance, as amended, by the Aurora Planning and Zoning Commission.
(C) Based on the evidence presented at such hearing and the factors set forth in this Ordinance, the Aurora Planning and Zoning Commission will make a recommendation to the City Council.
(D) Following receipt of the Aurora Planning and Zoning Commission's recommendation, the City Council may, at a regularly scheduled meeting and by ordinance duly adopted, grant the applicant an exception to the provisions of the Temporary Moratorium.
(E) In order to obtain an exception to the provisions of the Temporary Moratorium, an applicant must demonstrate by clear evidence and the City Council must determine that:
(i) the effect of the Temporary Moratorium has caused or will cause an economic hardship on the applicant;
(ii) the applicant cannot yield a reasonable return on the property if a datacenter or warehouse is not allowed;
(iii) the applicant has made substantial investment in the development of a datacenter or warehouse that is affected by the Temporary Moratorium, which investment was made in reasonable reliance on the regulations in effect prior to the Temporary Moratorium and without knowledge of pending changes in such regulations (including this Temporary Moratorium), and based on a reasonable probability of zoning approval by the City;
(iv) the datacenter or warehouse would have been allowed as a matter of right under the pre-existing Zoning Ordinance; and
(v) the datacenter or warehouse as proposed complies will all other applicable City ordinances, regulations, and rules.
Section 9. SEVERABILITY.
The various provisions of this Ordinance are to be considered as severable, and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
Section 10. REPEAL OF PRIOR ORDINANCES.
All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.
Section 11. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
ORDINANCE NO. _________
DATE OF PASSAGE ________________