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TO: Mayor John Laesch
FROM: Tracey Vacek, Zoning & Planning Director
John P. Curley, Chief Development Services Officer
Alison Lindburg, Director of Sustainability
DATE: February 9, 2026
SUBJECT:
An Ordinance Amending the Code of Ordinances, City of Aurora, by adding “Chapter 50 -Aurora Responsible Data Center Ordinance” and “Chapter 51 - Data Center Privacy Protection Ordinance”, pertaining to performance standards and operational requirements for Data Centers.
PURPOSE:
The purpose of this ordinance is to establish comprehensive regulations governing the development and operation of data centers in response to the moratorium approved on September 25, 2025, pursuant to Ordinance No. O25-064.
This ordinance intends to address public concerns around the operation of Data Centers by adding Chapter 50 - Aurora Responsible Data Center Ordinance, which outlines requirements for continued transparent reporting by Data Centers of noise, energy, and water performance, and Chapter 51 - Data Center Privacy Protection Ordinance, which outlines protections for personal Biometric Information stored and used by Data Centers operating in Aurora.
BACKGROUND:
On September 25, 2025, pursuant to Ordinance No. O25-064, a moratorium was approved to allow Staff time 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 and performance standards.
• Report findings to City Council within three months.
• Create a definition for data centers and warehouses.
Based on the above research and utilizing feedback from stakeholders and citizens, Staff has drafted the attached Exhibit "A".
This ordinance intends to address public concerns around the operation of Data Centers, including a lack of transparency of operations over time and potential relaxed provisions around data privacy.
Concerns have been expressed about the long-term operation of Data Centers after they are built, and the potential for their performance to diminish over time, leading to more noise, higher energy consumption, and higher water use. This ordinance creates Chapter 50 - Aurora Responsible Data Center Ordinance, which outlines requirements for continued reporting by Data Centers of noise, energy, and water performance. These performance standards are set forth in the proposed language for in the Zoning Ordinance (26-0112); this ordinance allows for the continued reporting and transparency.
With the increased use of artificial intelligence (AI), concerns have been expressed about how private biometric information might be used if the state law - the Illinois Biometric Information Protection Act (BIPA), which was passed in 2008 - was weakened or repealed. This ordinance creates a new Chapter 51 - Data Center Privacy Protection Ordinance, which outlines requirements for personal biometric information stored and used by Data Centers operating in Aurora. The language is this provision was mirrored after BIPA; data centers already built in Illinois should already be meeting these requirements. This language provides additional protections and ensures that data centers operating in Aurora will continue to protect private biometric information regardless of the state law's standing.
The intended sequence to pass the ordinance is through the following process:
Rules, Administration and Procedure Committee
Building, Zoning, and Economic Committee (information only)
Committee of the Whole
City Council (final vote)
DISCUSSION:
Since the adoption of the moratorium, Staff has conducted extensive research into best practices from neighboring comparable municipalities, engaged with stakeholders, residents, and peer communities, and prepared draft regulations that align with current industry standards while thoughtfully addressing local concerns related to land use compatibility, infrastructure capacity, noise and vibration mitigation, and overall community impacts.
IMPACT STATEMENT:
These regulations are intended to have a positive impact by establishing clear and enforceable standards to guide the review, design, and operation of data centers facilities, ensuring compatibility with surrounding land uses while protecting the public health, safety, and welfare.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Ordinance Adding Chapter 50 and Chapter 51 to the Code of Ordinances, City of Aurora, with regards to performance standards of Data Centers.
cc: R.A.P. Committee
B.Z.E. Committee
C.O.W. and City Council
Tracey Vacek, Zoning & Planning Director
John P. Curley, Chief Development Services Officer
Alison Lindburg, Director of Sustainability
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending the Code of Ordinances, City of Aurora, by adding “Chapter 50 - Aurora Responsible Data Center Ordinance” and “Chapter 51 - Data Center Privacy Protection Ordinance,” pertaining to performance standards and operational reporting requirements for Data Centers.
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, the City of Aurora has experienced increasing development interest in data center facilities; and
WHEREAS, data centers have historically been regulated under zoning and land use classifications applicable to warehouses, despite having fundamentally different operational characteristics and infrastructure demands, including significantly higher electricity loads, water consumption for cooling, backup power generation, and continuous mechanical operations; and
WHEREAS, on September 25, 2025 by Ordinance O25-064, the City Council enacted a temporary moratorium, on new warehouse and data center development to allow time for City staff to study best practices, evaluate community impacts, and develop appropriate standards specific to data centers; and
WHEREAS, residents and community stakeholders raised concerns regarding potential impacts of data centers on neighborhood compatibility, noise and vibration, air quality, water use and water quality, energy consumption, greenhouse gas emissions, and long-term utility affordability; and
WHEREAS, unregulated or insufficiently regulated data center development may place disproportionate strain on municipal infrastructure, including electric and water systems, and may result in unintended cost burdens for residents and existing businesses; and
WHEREAS, the City of Aurora has adopted sustainability and climate goals through its 2019 Sustainability Plan intended to reduce greenhouse gas emissions, improve energy efficiency, protect water resources, and promote environmentally responsible development; and
WHEREAS, emerging technologies associated with data centers, including artificial intelligence and biometric data processing, raise significant concerns related to privacy, transparency, data security, and civil liberties, and the City seeks to provide local protections consistent with the intent and principles of the Illinois Biometric Information Protection Act to the extent permitted by law; and
WHEREAS, municipalities across the country are adopting performance-based standards and benchmarking requirements for high-energy and high-water-use facilities to ensure transparency, accountability, and responsible operation; and
WHEREAS, establishing clear definitions and performance standards for data centers will provide regulatory certainty for applicants, protect public health and welfare, promote responsible economic development, and ensure compatibility with surrounding land uses; and
WHEREAS, the City Council of the City of Aurora has determined that it is necessary and desirable to amend the Code of Ordinances, City of Aurora, by adding Chapter 50 and Chapter 51, in order to update and improve said Code of Ordinances to better carry out the purpose and intent of the Code of Ordinances regarding data centers; and.
The Aurora Municipal Code will be amended according to the attached Exhibit A.)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the amendments to the Code of Ordinances, City of Aurora, by adding the Chapter 50 and Chapter 51, are hereby adopted as set forth in said "Exhibit A”.