ORD 26-17Elk
River
Ordinance 26-17
An Interim Ordinance Establishing a Moratorium on Land Use Approvals for Data
Centers for One Year from the Date of This Ordinance
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. BACKGROUND.
1. Minnesota Statutes, Section 462.355, Subd. 4 authorizes a city to enact an interim
ordinance for the purpose of considering the adoption or amendment of official
controls as defined in chapter 462.
2. Minnesota Statutes, 412.221, subd. 32 empowers the city to enact an interim
ordinance under its general police powers to protect the public health, safety, and
welfare.
3. The city's zoning ordinance does not currently define data centers, nor does it
explicitly allow them in any zoning district.
4. For the purposes of this ordinance, data centers will be defined as follows:
A facility used primarily for the storage, management, processing, and transmission of
digital data, which houses computer or network equipment, systems, servers, appliances,
and other associated components related to digital data operations. The facility may also
include air handlers, power generators, cooling or temperature -control systems, utility
substations, and other associated infrastructure necessaryfor sustained operations.
SECTION 2. FINDINGS.
1. Due to the protentional for significant environmental impacts, the evolving needs of
data center technologies, and the lack of clarity with the city's zoning ordinances,
there is need for a thorough review of their potential impacts on the community.
2. The city will benefit from establishing its own standards and regulations related to
data centers to establish community standards for the review of future data center
applications.
SECTION 3. MORATORIUM.
1. A moratorium is hereby imposed throughout the city on data centers, which during
the term of this ordinance shall be considered a prohibited use within the city.
During the period of the moratorium, all property within the city is subject to the
following as it relates to data centers:
a. No building permits shall be issued for the construction, reconstruction,
alteration, or expansion of any structure in support of a data center.
b. No proposal for rezoning (which includes planned unit developments) or
Comprehensive Plan amendment for a data center shall be reviewed.
c. No application for the establishment or expansion of a data center shall be
accepted, processed or approved.
SECTION 4. STUDY
1. The Community Development Department is directed to conduct a review to
evaluate the impacts of data centers within the community and prepare a draft
zoning ordinance regarding their location and development standards.
2. The draft ordinance will be brought to the Planning Commission for their review and
recommendation to the City Council.
SECTION 5. ENFORCEMENT. The city may enforce this Ordinance by mandamus, injunctive
relief, or other appropriate civil remedy in any court of competent jurisdiction. The City
Council hereby authorizes the City Administrator, in consultation with the City Attorney, to
initiate any legal action deemed necessary to secure compliance with this Ordinance.
SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium
established under this Ordinance shall remain in effect until twelve (12) months from its
effective date, at which point, it will automatically expire.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after
its passage by the City Council and publication.
Passed and adopted by the City Council of the City of Elk River this 3rd day of August, 2026.
J J. iet , Mayor
ATTEST:
7
Justin unf , City &rk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of-
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 08/08/2026 and the last
insertion being on 08/08/2026.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580,033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:�
Designated Agent
Subscribed and sworn to or affirmed before
me on 08/08/2026
Notary Public
Huerta
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
CITY OF ELK RIVER
ORDINANCE 26-17
AN INTERIM ORDINANCE
ESTABLISHING A
MORATORIUM ON LAND
USE APPROVALS FOR
DATA CENTERS FOR ONE
YEAR FROM THE DATE
OF THIS ORDINANCE
(which includes planned unit devel-
opments) or Comprehensive Plan
amendment for a data center shall
be reviewed.
c. No application for the estab-
lishment or expansion of a data
center shall be accepted, pro-
cessed or approved.
SECTION 4. STUDY
The City Council of the City of 1. The Community Development
Elk River does hereby ordain as Department is directed to conduct
follows: a review to evaluate the impacts of
data centers within the community
SECTION 1. BACKGROUND.
1. Minnesota Statutes, Section
462.355, Subd. 4 authorizes a city
to enact an interim ordinance for
the purpose of considering the
adoption or amendment of official
controls as defined in chapter 462.
2. Minnesota Statutes, 412.221,
subd. 32 empowers the city to en-
act an interim ordinance under its
general police powers to protect
the public health, safety, and wel-
fare.
3. The city's zoning ordinance
does not currently define data
centers, nor does it explicitly allow
them in any zoning district.
4. For the purposes of this ordi-
nance, data centers will be defined
as follows: A facility used primarily
for the storage, management, pro-
cessing, and transmission of digital
data, which houses computer or
network equipment, systems, serv-
ers, appliances, and other associ-
ated components related to digital
data operations. The facility may
also include air handlers, power
generators, cooling or tempera-
ture -control systems, utility substa-
tions, and other associated infra-
structure necessary for sustained
operations.
SECTION 2. FINDINGS.
1. Due to the protentional for
significant environmental impacts,
the evolving needs of data center
technologies, and the lack of clarity
with the city's zoning ordinances,
there is need for a thorough review
of their potential impacts on the
community.
2. The city will benefit from es-
tablishing its own standards and
regulations related to data centers
to establish community standards
for the review of future data center
applications.
SECTION 3. MORATORIUM.
1. A moratorium is hereby im-
posed throughout the city on data
centers, which during the term of
this ordinance shall be considered
a prohibited use within the city.
During the period of the morato-
rium, all property within the city is
subject to the following as it relates
to data centers:
a. No building permits shall be
issued for the construction, recon-
struction, alteration, or expansion
of any structure in support of a data
center.
Ad ID 1550685 b. No proposal for rezoning
and prepare a draft zoning ordi-
nance regarding their location and
development standards.
2. The draft ordinance will be
brought to the Planning Commis-
sion for their review and recom-
mendation to the City Council.
SECTION 5 ENFORCEMENT.
The city may enforce this Ordi-
nance by mandamus, injunctive
relief, or other appropriate civil rem-
edy in any court of competent ju-
risdiction. The City Council hereby
authorizes the City Administrator, in
consultation with the City Attorney,
to initiate any legal action deemed
necessary to secure compliance
with this Ordinance.
SECTIQN 6. TERM. Unless ear-
lier rescinded by the City Council,
the moratorium established under
this Ordinance shall remain in ef-
fect until twelve (12) months from
its effective date, at which point, it
will automatically expire.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall be in full force
and effect from and after its pas-
sage by the City Council and pub-
lication.
Passed and adopted by the City
Council of the City of Elk River this
3rd day of August, 2026.
/s/ John J Dietz,
Mayor
/s/ Justin Dunford,
City Clerk
Published in the Star News
August 8, 2026
1550685