Commerce City council advances proposed six-month data center moratorium

The Commerce City Council advanced a proposed six-month moratorium on new data centers and certain expansions with a 7-1 vote on first reading Aug. 24. Final action is scheduled for Sept. 21, so the moratorium is not yet in effect.

If approved, the ordinance would prohibit the city from accepting, processing or approving permit applications, zoning applications and site development plans for a new data center proposed as a primary use, or for an expansion of an existing data center that increases its gross floor area, the proposed ordinance says.

Council Member Rocky Teter voted against the first-reading measure, and Council Member Joanna Sandoval was excused. The meeting minutes record the first-reading vote, not final passage.

The proposed six-month term would begin on the ordinance’s effective date and end six months later unless the council ends it earlier by ordinance. The text says the ordinance would take effect under Section 5.3 of the Commerce City Charter but does not provide a calendar effective date.

The city’s Community Development Department plans to use the pause to study data-center regulations. Staff told the council that a study session was expected before the end of 2026, followed by possible amendments to the Land Development Code for council consideration in early 2027, the department’s council communication says.

The amendments could add definitions, development standards and other requirements for data centers. The proposed ordinance cites potential effects on electrical power, water supplies, telecommunications infrastructure, surrounding land uses, natural resources, public services and community character.

If approved, the moratorium would end when its six-month term expires or when the council adopts data-center regulations, unless the council extends it for a defined period and specific purpose.