County Attorney Jason Ham Addresses Variables on DATA Center Zoning Text Amendment Coming to the Supervisors

During board and staff reports, County Attorney Jason Ham traced a Planning Commission meeting on DATA Centers he recently attended, at which over 100 citizens spoke. He also addressed related variables poised to impact the supervisors’ upcoming meeting, whatever date it is eventually set for. Below are the county website minutes of Ham’s report, as well as Vice-Chairman Tony Carter’s comments on technical issues related to holding the upcoming DATA Center board meeting in a High School auditorium.

In the opening minutes of Ham’s report, the county attorney stated that he attended the Planning Commission Meeting on Data Centers and emphasized that 108 speakers spoke. He then explained the process to the public, stating that for the current meeting, there is an item for Authorization to Advertise the Zoning Text Amendment that would allow Data Centers by Conditional Use Permit. The text amendment was not written by Warren County but by an attorney representing the property owner. There is a County Ordinance 180-61 A1 that allows landowners to initiate any zoning text amendment, and any change to that would be the Board’s prerogative at a later date. The Board, having set that policy and enacted that ordinance, must consider the text amendment, and part of that County Code and State Law requires that the Public be given an opportunity to comment and to hear about it.

Royal Examiner File Photo of County Attorney Jason Ham. Ham has addressed issues facing the County’s elected officials as they move toward zoning and permitting decisions on DATA Centers.

“The item on the current agenda is nothing more than a scheduling matter and is not any kind of preliminary approval or disapproval, and is not legally required. Currently, Data centers are not permitted uses in any zoning district in Warren County. In the Industrial District, there are various uses and business uses, as well as a listing of all the activities permitted in that district. Data Centers are not listed; therefore, they cannot be used and are excluded. The Board’s Duty when considering this is not to act in an arbitrary or capricious manner; if the property owner believes the denial was done in that manner, they could sue the County. He then emphasized that there is ample public record to support denial if that were the Board’s choice, but it is ultimately the Board’s decision. However, the Board must consider it, listen to the property owner and the public, and then make a decision that is in the best interest of the community.

“Mr. Carter asked if there was any other consideration as to the location of this meeting, emphasizing technical difficulties and challenges with having it in the high school auditorium. Mr. Ham stated that the Board room is set up for meetings and its advantages, but acknowledged its limited capacity and the school’s status as a separate entity from the County. If the Board does decide to hold the meeting at the High School auditorium, then it may come at the expense of video quality and an increased likelihood of technical failure, but he still recommends it being at the High School due to the anticipated crowds.”

County Supervisors Continue Efforts Toward Resolution of Variables Involved in DATA Center Zoning and Permitting