Milford Town Council: No Data Center Moratorium Allowed
The Milford Town Council learned it does not have the authority to place a moratorium on data centers within town limits. An attorney advised that exceptional use decisions for data centers fall under the Kosciusko County Area Plan Commission and Board of Zoning Appeals. The council discussed the possibility of an outright ban, but acknowledged it would open the town to potential litigation.
The Milford Town Council was informed by attorney Jay Rigdon that it lacks the authority to enact a moratorium on data centers within town limits. This finding came after Vice President Ken Long requested a legal review of the matter.
Rigdon explained that current Kosciusko County zoning ordinances classify data centers as an exceptional use within heavy industrial zones, requiring approval from the Area Plan Commission. Milford does not possess its own zoning authority; such decisions are the purview of the Area Plan Commission and the Board of Zoning Appeals, with ultimate ordinance changes resting with the Kosciusko County Commissioners.
The attorney also addressed the possibility of an outright ban on data centers by the town, noting that such a measure has not been tested in Indiana law and could expose the town to litigation. Council President Doug Ruch suggested it would be in the town's best interest to let the county handle data center zoning, while Long expressed concern that the county might prioritize financial gain. The council ultimately accepted the legal advice, meaning their attempt to consider a moratorium was halted due to lack of municipal authority.