Title
(First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, APPROVAL, AND CONSIDERATION OF APPLICATIONS FOR DATA CENTERS, BITCOIN AND CRYPTOCURRENCY MINING FACILITIES, SERVER FARMS, AND SIMILAR, TECHNICALLY-ORIENTED, USE, FACILITY, OR OPERATION THAT IS PRIMARILY USED FOR COMPUTING, DATA PROCESSING, DATA STORAGE, CRYPOCURRENCY GENERATION, OR SIMILAR TECHNOLOGICAL FUNCTIONS AND THAT IS CHARACTERIZED BY HIGH ELECTRICAL DEMAND AND/OR HIGH WATER CONSUMPTION
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
____ Yes, described as Pavilion, planned amount $___, requesting $___ as total project estimate, including contingencies, under account #400-5090-5117 Pavilion.
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
Body
WHEREAS, the City of Foley, Alabama (the “City”) is a duly incorporated municipal corporation organized and existing under the laws of the State of Alabama; and
WHEREAS, pursuant to Alabama Code, § 11-45-1, the City is authorized to adopt ordinances not inconsistent with the laws of the State to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort, and convenience of the inhabitants of the municipality; and
WHEREAS, pursuant to Alabama Code, § 11-52-70, the City is empowered to divide the territory within its corporate limits into zones or districts and to provide for the kind, character, and use of structures and improvements that may be erected or made within such zones or districts, and to adopt such ordinances as necessary to carry into effect and make effective such provisions; and
WHEREAS, pursuant to Alabama Code, § 11-52-73, the City is empowered to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residences, or other purposes for the purpose of promoting the health, safety, morals, or general welfare of the community; and
WHEREAS, pursuant to Alabama Code, § 11-52-76, the City shall provide for the manner in which zoning regulations and restrictions and the boundaries of districts shall be determined, established, enforced, and from time to time amended, supplemented, or changed; and
WHEREAS, data centers, bitcoin and cryptocurrency mining facilities, server farms, and similar, technically-oriented, uses, facilities or operations that are primarily used for computing, data processing, data storage, crypocurrency generation, or similar techonolgical functions and that are characterized by high electrical demand and/or high water consumption (collectively, “Covered Uses,” as more specifically defined in Section 2 herein) present unique planning, infrastructure, and land use considerations that are not adequately addressed by the City’s current Zoning Code and Technical Design Manual; and
WHEREAS, Covered Uses may place extraordinary demands on the local utility infrastructure and other public infrastructure, and may generate noise, heat, and other impacts that are incompatible with adjacent land uses; and
WHEREAS, the City’s current Zoning Code and Technical Design Manual do not contain sufficient standards, review criteria, or performance requirements to ensure that Covered Uses are appropriately sited, designed, and operated so as to protect the public health, safety, and welfare; and
WHEREAS, the City Council finds that a temporary moratorium is necessary and appropriate to allow the City adequate time to study and evaluate the impacts of Covered Uses and to develop and adopt appropriate amendments to the zoning code and Technical Design Manual to address such uses; and
WHEREAS, the City Council finds that the adoption of this Ordinance is in the best interest of the public health, safety, and general welfare of the citizens of the City of Foley, Alabama.
BE IT ORDAINED that the Foley City Council as follows:
SECTION 1: PURPOSE AND FINDINGS.
That the purpose of this Ordinance is to impose a temporary moratorium on the acceptance, processing, and consideration of applications for Covered Uses within the corporate limits of the City of Foley, Alabama. The City Council hereby finds and determines as follows:
(a) The City’s current Zoning Code and Technical Design Manual were not drafted with the specific characteristics and impacts of Covered Uses in mind and do not provide adequate standards for the review, approval, siting, design, or operation of such uses.
(b) Covered Uses have the potential to place extraordinary and unprecedented demands on the local public utilities and services.
(c) Covered Uses may generate significant noise, heat dissipation, electromagnetic interference, and other impacts that may adversely affect the use and enjoyment of adjacent properties and land uses.
(d) The City requires adequate time to study the impacts of Covered Uses, to evaluate the capacity of the local public infrastructure to accommodate such uses, and to develop and adopt appropriate amendments to the Zoning Code and Technical Design Manual that will establish standards, criteria, and performance requirements for Covered Uses. The City shall diligently undertake such study and regulatory development during the moratorium period.
(e) A temporary moratorium of six (6) months is a reasonable and necessary period of time in which to accomplish the foregoing objectives.
(f) This temporary moratorium is enacted pursuant to the City’s police power and zoning authority as granted by Alabama Code, §§ 11-45-1, 11-52-70, 11-52-73, and 11-52-76 (1975), and constitutes a legitimate interim zoning measure.
SECTION 2: DEFINITIONS.
That, for purposes of this Ordinance, the following term shall have the meaning ascribed below:
“Covered Uses” shall mean and include data centers, bitcoin mining facilities, cryptocurrency mining facilities, server farms, and any other technically-oriented use, facility, or operation that is primarily used for computing, data processing, data storage, cryptocurrency generation, or similar technological functions and that is characterized by high electrical demand (defined as a projected electrical load of one (1) megawatt or greater) and/or high water consumption (defined as a projected water usage of fifty thousand (50,000) gallons per day or greater). The term “Covered Uses” shall include any accessory structures, equipment, or facilities associated with such uses.
SECTION 3: MORATORIUM ESTABLISHED; DURATION.
That a temporary moratorium on Covered Uses is hereby established and shall be in effect for a period of six (6) months from the effective date of this Ordinance. Unless extended by subsequent action of the City Council for one or more additional periods not to exceed six (6) months in the aggregate upon a finding that additional time is reasonably necessary to complete the study and adoption of appropriate regulations, and unless this moratorium is terminated earlier by subsequent Ordinance of the City, this moratorium shall automatically expire at 11:59 p.m. on the date that is six (6) months following the effective date of this Ordinance. (the “Moratorium Period”)
SECTION 4: GEOGRAPHIC SCOPE.
That this moratorium shall apply exclusively within the corporate limits of the City of Foley, Alabama. This moratorium shall not extend to or apply to the City’s police jurisdiction that lies outside the corporate limits.
SECTION 5: PROHIBITED ACTIONS DURING THE MORATORIUM PERIOD.
That during the Moratorium Period, the City staff, the Planning Commission, the Board of Adjustment, and all other departments, agencies, boards, and officials of the City are hereby prohibited from accepting, processing, reviewing, approving, or taking action on any of the following types of applications for Covered Uses:
(1) Land disturbance permit applications;
(2) Building permit applications;
(3) Rezoning applications or amendments to the zoning map;
(4) Subdivision applications, including preliminary plats, final plats, and minor subdivisions;
(5) Site plan or development plan applications;
(6) Special exception, variance, or conditional use applications; and
(7) Any other application, permit, or approval that would authorize the establishment, construction, expansion, or operation of a Covered Use.
Any of the above applications for a Covered Use that are complete and are pending as of the effective date of this Ordinance shall be allowed to proceed and be processed, but no new, amended, or supplemental information or applications for the same project may be accepted, processed, reviewed, or approved as they will be subject to this moratorium. No vested rights shall accrue by reason of the filing of any application for a Covered Use prior to the effective date of this Ordinance; provided, however, that vested rights may arise upon the actual issuance of a valid permit in accordance with applicable law.
Any permit, approval, or authorization issued in violation of this moratorium shall be null and void ab initio.
SECTION 6: EXEMPTIONS.
That this moratorium shall not apply to:
(a) Any Covered Use that has received a valid and unexpired building permit or land disturbance permit prior to the effective date of this Ordinance; or
(b) Normal maintenance, repair, or renovation of an existing structure that is lawfully operating as a Covered Use as of the effective date of this Ordinance, provided such work does not expand the footprint or increase the electrical or water demand of such existing Covered Use.
SECTION 7: SEVERABILITY.
That, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 8: REPEALER.
That all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict.
SECTION 9: EFFECTIVE DATE.
That this Ordinance shall become effective upon the later of its adoption or its publication as required by law. The six (6) month moratorium period established in Section 3 shall commence on such effective date.
SECTION 10: "The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect."
SECTION 11: All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
SECTION 12: This ordinance shall become effective upon its publication as required by law.