AVA, Mo. — The Ava Board of Aldermen approved an updated version of Ordinance No. 1173 during a meeting held Wednesday, July 1, putting a temporary one year moratorium in place on certain data centers, high density computing facilities, cryptocurrency mining facilities, artificial intelligence computing facilities, server farms and similar uses within the city limits.
The meeting was held at 2 p.m. at Ava City Hall. According to draft minutes, Mayor Kirk Pueppke, Alderwoman Jaclyn Stanifer-Nunn, Alderman Noel Dye, Alderman Stan Lovan, City Attorney Larry Tyrrell, Administrative Director Peggy Porter and City Clerk Suzanne Welsh were present.
The ordinance returned to the board as unfinished business after public discussion at the board’s June 23 meeting. The issue had first been brought forward June 9, when aldermen passed the first reading but suspended the second reading to allow public input before and during the next meeting.
At the July 1 meeting, aldermen approved both readings of the updated ordinance. The first reading passed after a motion by Dye and a second by Stanifer-Nunn. The second reading passed after a motion by Lovan and a second by Stanifer-Nunn. Both votes carried 3-0.
A moratorium is a temporary pause. In this case, the ordinance does not permanently ban data centers or similar uses. Instead, it pauses city applications, permits, licenses and other approvals for one year while officials study the issue and consider whether local regulations are needed.
The updated ordinance applies to “for-profit” data centers, high density computing facilities, cryptocurrency mining facilities, artificial intelligence computing facilities, server farms and similar uses. It states the city needs additional time to review possible impacts and determine whether changes are needed to city code, zoning regulations, building regulations, utility policies, fire protection standards, nuisance regulations or other local requirements.
The ordinance states that those types of uses may create impacts involving electrical demand, water demand, wastewater, stormwater, cooling equipment, noise, emergency response, fire protection, backup power generation, traffic, utility capacity and compatibility with surrounding land uses.
The updated language also includes definitions for different types of data centers, including micro data centers, standard data centers and large load data centers. It also includes language related to accessory structures and infrastructure that may support data center operations.
The ordinance includes exceptions for ordinary computers, servers, network equipment, cell phones, telecommunications equipment or data storage equipment that are accessory and incidental to a lawful principal use, such as office, retail, governmental, court system, medical, educational, financial or residential use, as long as the principal use is not a data center or similar use as defined in the ordinance.
The exception language follows concerns raised during the June 23 discussion, when Douglas County Prosecuting Attorney Matthew Weatherman and others questioned whether the original wording could unintentionally apply to ordinary governmental, court, school, medical or business digital storage.
The ordinance also does not prevent ordinary maintenance, repair or replacement of existing lawful equipment, as long as the work does not establish, expand, intensify or convert the property into a data center or similar use. It also does not prevent work required to correct an unsafe condition, comply with a city order or protect public health and safety.
During the one year moratorium period, city staff, the Planning and Zoning Commission, the city attorney and the Board of Aldermen may review and consider appropriate regulations for data centers and similar uses. Those could include zoning districts, conditional use requirements, building and fire safety requirements, utility capacity review, electrical service impacts, water and sewer impacts, noise standards, generator standards, screening, setbacks, emergency response plans and other standards.
The ordinance will automatically expire one year after its effective date unless it is repealed, modified or extended by another ordinance of the Board of Aldermen.
