TEMPORARY MORATORIUM ON DATA CENTERS AND TELECOMMUNICATIONS CENTERS.
Madison General Ordinances § 28.140
in effect28.140 - TEMPORARY MORATORIUM ON DATA CENTERS AND TELECOMMUNICATIONS CENTERS.
(1) Declaration of Moratorium. A temporary moratorium is hereby declared with respect to the issuance of zoning certificates for data centers and telecommunications centers, as a principal and primary use, when they have a floor area greater than 10,000 square feet contained within a single building or collection of buildings.
(2) Statement of Purpose. The purpose of the moratorium is to provide the City of Madison with adequate time to assess the impacts and secondary effects of data centers and telecommunications centers and promote meaningful development and implementation of Madison General Ordinances with regard to both. The moratorium is necessary to protect the health, safety and general welfare of the City of Madison residents, businesses and visitors.
(3) Authority. The City of Madison relies on the authority granted pursuant to Wis. Stat. § 62.23(7)(am) and all other sources of authority that authorize the adoption of this ordinance.
(4) Duration of Moratorium. This moratorium shall be in effect for twelve (12) months following the effective date of this ordinance or until an amendment to this chapter related to data centers and/or telecommunications centers is adopted and takes effect, whichever is earlier.
(5) Direction to Develop Data Centers Ordinance. During the period of this moratorium, the Office of the City Attorney ("OCA") and the Department of Planning, Community and Economic Development ("DPCED"), in consultation with relevant City agencies, are directed to draft an ordinance providing comprehensive and appropriate regulations of data centers and telecommunications centers to protect the public health, safety and general welfare of City of Madison residents, businesses, visitors and the public. It is the intention of the City of Madison Common Council to amend Chapter 28 of the Madison General Ordinances to adopt an ordinance pertaining to data centers and telecommunications centers before the expiration of this moratorium.
(6) Subjects of Consideration. In preparing an amendment to this chapter or a separate ordinance related to data centers and/or telecommunications centers, the OCA and DPCED shall review the possible impacts that these uses may have on the health, safety and general welfare of the residents, businesses, visitors and general public in the City of Madison. The OCA, DPCED and relevant agencies shall also consult with other municipalities, experts, stakeholders, and relevant available studies and research pertaining to effective municipal regulation of data centers.
(7) Definitions. For the purposes of this moratorium only, the following definition shall be established for data centers. Additionally, for the purposes of this moratorium, the previously adopted telecommunications center definition (below) in Sec. 28.211 shall be utilized.
(a) Data Center. A facility whose primary and principal use is 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, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at the data center. Data centers may also contain accessory office uses necessary to monitor and manage sustained operations at the data center.
(b) Telecommunications Center. An office facility that is responsible for transmission, receipt, acceptance, processing, and distribution of incoming and outgoing communications.
(8) Nonconformities. During the duration of the temporary moratorium, existing telecommunications centers greater than 10,000 square feet in floor area shall be nonconforming uses in accordance with Sec. 28.191 and therefore may undergo structural repairs or structural alterations to the building or structure provided they do not exceed fifty percent (50%) of the total assessed value of the building or structure.
(9) Exceptions. The Temporary Moratorium established in this ordinance shall not apply in the following circumstances and the City may accept, process and, if appropriate, approve zoning certificates for the following type of work:
(a) Data centers or telecommunications centers that serve another principal use allowed on the zoning lot.
(Cr. by ORD-26-00002, 1-23-26)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH28ZOCOOR_SUBCHAPTER_28IGERE_28.140TEMODACETECEFetched: 11/1/2026