On the agenda: Charleston September 24- 2026 Application 3 — Data Center (Sep 24)

PUBLIC HEARING LEGAL NOTICE
The Charleston Board of Zoning Appeals and Planning will conduct a public hearing on
Thursday, September 24, 2026, at 7:00 p.m. in the City Council Chambers at City Hall,
520 Jackson Avenue, Charleston, Illinois, to consider the petition of the City of
Charleston requesting an amendment to Title 10 of the City Code of Charleston to impose
a temporary moratorium on Data Centers, Battery Energy Storage Systems and Related
Uses, and other relief as required. The temporary moratorium will allow the City to study
and update its regulations concerning those uses.
Interested parties may participate in any of the following three (3) ways:
1. Submission of written comments prior to the public hearing:
 Written comments may be emailed to City Clerk Tabatha Ferguson at
[email protected]
 Written comments received by 5:00 p.m. on Friday, September 18, 2026, will
be included in the meeting packet sent to the Board of Zoning Appeals and
Planning. This meeting packet is also posted on the City’s website:
www.charlestonillinois.org
 Written comments received after 5:00 p.m. on Friday, September 18, 2026,
through 5:00 p.m. on Wednesday, September 23, 2026, will be emailed
directly to the Board of Zoning Appeals and Planning but will not be included
in the meeting packet or posted on the City’s website.
 Written comments received after 5:00 p.m. on Wednesday, September 23,
2026, will be added to the case file.

2. Participation during the public hearing:
 If you wish to provide comment, testimony, questions, or cross-examination on a
petition, or otherwise address the Board of Zoning Appeals and Planning on any
public hearing matter before it, please email City Clerk Tabatha Ferguson at
[email protected] to register your participation before 5:00 p.m. on the day
of the hearing or you may sign up immediately prior to the meeting.
 Individuals who do not wish to speak during the public hearing may simply
indicate whether they support or oppose the application. The individual’s name
and position on the application will be read aloud into the record at the hearing.
Any written comments submitted by an individual in conjunction with the
position will also be read into the record, subject to compliance with the City’s
public comment and public hearing rules and procedures.
3. Other methods of participation: Any individual who would like to listen to the
meeting by telephone or who may require an accommodation to listen to or
participate in the meeting, may contact City Clerk Tabatha Ferguson at (217) 3455650 or email [email protected] as soon as possible.

To request a copy of the application or to ask questions, please contact the City of
Charleston Community Development Director at (217) 345-5650. Members of the public
may be heard at the public hearing.
/s/ Tabatha Ferguson
Tabatha Ferguson
City Clerk

City of Charleston

Section 1-1

PROCESS TO APPEAR BEFORE THE
CHARLESTON BOARD OF ZONING APPEALS AND PLANNING

Use this packet to request development approval from the City when consideration by the Charleston Board of
Zoning Appeals and Planning and/or approval from the Charleston City Council is required. This Application is
available on the City’s website at www.charlestonillinois.org.
Questions may be directed to the City of Charleston Community Development Department at (217) 345-5650.
This Application Packet includes: 1.) Application to Appear Before the Charleston Board of Zoning Appeals and
Planning; 2.) Required Exhibits specifically for Zoning Text and Zoning Map Amendments, Conditional Use
Permits and Variances (see the Charleston City Code for specific Submission Requirements for all other
Development Types); and 3.) Procedures for Zoning Text and Zoning Map Amendments, Conditional Use
Permits and Variances (see the Charleston City Code for Procedures for all other Development Types).

PROCESS
Prior to submittal of an Application for Development Approval, please contact the City of Charleston
Community Development Department at (217) 345-5650 to determine whether or not a concept meeting or
pre-application submittal meeting is required.
Submit a completed Application including all materials noted in the Application and required Fees. Submittals
will not be accepted and/or processed until all of the submittal requirements are met. Once the completed
Application is accepted, the City will assign a project manager and case number to the project.
The completed Application will be forwarded to City departments (e.g. community development, utilities, public
works) for review and comment.
At the conclusion of the review, the project manager will transmit the City’s technical review comments (if any)
to the Primary Contact identified on the Application for Development Approval. Comments may necessitate
revisions to plans prior to scheduling the project for a Charleston Board of Zoning Appeals and Planning meeting
and/or City Council meeting.
The City’s project manager will work with the Primary Contact to schedule a public hearing/meeting before the
Charleston Board of Zoning Appeals and Planning (if required). The Primary Contact will be notified of the
hearing/meeting date.
Please see the Procedures for 1.) Zoning Text and Zoning Map Amendments, 2.) Conditional Use Permits and
3.) Variances at the end of this application for specific steps and requirements concerning these three application
types (please refer to the Charleston City Code for Procedures for all other Development Types).

September 2025

City of Charleston

Section 1-2

APPLICATION TO APPEAR BEFORE THE
CHARLESTON BOARD OF ZONING APPEALS AND PLANNING
1. APPLICANT INFORMATION:
APPLICANT:

City of Charleston

DATE:

(print name)

ADDRESS:
CITY / STATE / ZIP:

09/01/2026

(signed)

520 Jackson Avenue

PHONE No.:

(217)345-5660

Charleston, Illinois 61920

2. TYPE OF APPLICATION:
(Check applicable box(es) and provide responses to corresponding exhibits attached herein. Please refer to the
Charleston City Code for required information for sections that do not have specific exhibits included in this packet.)

Zoning Variance (exhibit 1)

Planned Unit Development

Conditional Use Permit (exhibit 2)

Major Subdivision

Zoning Map Amendment (exhibit 3)

Appeal of Code Official’s Decision

Zoning Text Amendment (exhibit 3)

✔

Other (Please Describe):

Brief Project Description:

Text Amendment for temporary moratorium on Data Centers

Battery Energy Storage Systems and related uses

Zoning Classification:

3. REQUIRED DOCUMENTS (TO BE PROVDED BY THE APPLICANT):
A. Street Address of the Subject Property:

City-wide and within City's extraterritorial jurisdiction

B. Subject Property Legal Description (to be provided to the City in electronic format as a Microsoft Word
Document / email the subject property’s legal description to: [email protected])
C. Letter of Intent (a one page description of the project and the why the request is necessary)
D. Plans (“blueprints” or similar plan sheets showing as applicable: site plan, elevations, floor plan)
E. Provide any additional information as required and detailed in the Charleston City Code or as requested by
the Charleston Community Development Director

FOR OFFICE USE ONLY
Submitted Date:

Sent to Publish:

Application Number: ________________
Published Date:

Hearing Date:

To Council Date:

Affected Zoning:

September 2025

Section 1-3

4. OWNER INFORMATION:
A. Do you own this property fee simple (if yes, check yes and skip to #5)?

YES:

NO:

B. If the applicant is not the owner of this property please provide the following:
OWNER *:

DATE:
(print name)

(signed)

ADDRESS:

PHONE No.:

CITY / STATE / ZIP:
C. If the property is owned by a land trust, who has beneficial interest in this property?
TRUST NAME *:

DATE:

ADDRESS:

PHONE No.:

CITY / STATE / ZIP:
TRUST’S REPRESENTATIVE:

DATE:
(print name)

(signed)

(print name)

(signed)

(print name)

(signed)

TRUST’S REPRESENTATIVE:

DATE:

TRUST’S REPRESENTATIVE:

DATE:

* If Owner(s) is different than the Applicant, please attach a letter from the Owner(s) authorizing submittal of this
Application to the Charleston Board of Zoning Appeals and Planning.

5. APPLICANT’S REPRESENTATIVE:
If the applicant is planning to be represented by a third party for purposes of this application and to appear on
behalf of the applicant at the Charleston Board of Zoning Appeals and Planning meetings, please provide the
Representative’s contact information below:
REPRESENTATIVE:

Abigail Youngblood
(print name)

DATE:

09/01/2026

(signed)

REPRESENTATIVE’S FIRM NAME (IF APPLICABLE)
ADDRESS:
CITY / STATE / ZIP:

520 Jackson Avenue

PHONE No.:

(217)345-5660

Charleston, Illinois 61920
September 2025

Section 2-7

EXHIBIT 3 – Text and Zoning Map Amendments
(Refer to 10-4-3 (B) of the Charleston City Code)
Text And Zoning Map Amendments: All amendments to the text of this title and zoning map
amendments follow the type 3 review process as described in subsection 10-4-1(C) of the City Code.
1. Purpose: The council may, from time to time, on its own motion or on petition, amend, supplement, or
change, by ordinance, the zoning map or development regulations in this title to better provide for the
public health, safety and welfare of the city.
2. Applicability: An owner of real property within the city, or that owner's authorized representative, may
apply for a change in zoning district boundaries (rezoning) for that landowner's property, or an
amendment to the text of this title. The board of zoning appeals and planning, city manager or the city
council also may initiate such amendments.
3. Application and Procedures: The applicant shall file an application with the required information listed
in the City Code.
4. Review Criteria: Changes to the text of this title or the zoning map shall not become effective until after
review and study by the board of zoning appeals and planning and the city council who shall consider
the following review criteria, as applicable, to determine whether the change should be approved:

These items (a-i) should be addressed in the application:
a. The existing zoning was in error at the time of adoption; or
The proposed moratorium is not based on an error in the existing Unified Development Code. The City is seeking time to evaluate
data centers, battery energy storage systems, and related battery uses and determine whether additional zoning regulations are
appropriate.

b. The proposed change is consistent with, and in furtherance of, the implementation of the goals and
objectives of the comprehensive plan, other adopted plans, and the policies, intents and requirements
of this title and other city regulations and guidelines; or
The proposed moratorium is consistent with the City's responsibility to promote orderly and appropriate land use planning and to
ensure development regulations adequately address new land uses and their potential impacts. The temporary moratorium will
allow the City to evaluate data centers, battery energy storage systems, and related battery uses and determine whether
amendments to the Unified Development Code are necessary.

c. There is a community need for and benefit from the proposed change; or
There is a community need and benefit in allowing the City adequate time to study the potential impacts of data centers before
applications for such uses are considered. Data centers may have significant impacts relating to electrical infrastructure and
capacity, water resources, wastewater infrastructure, stormwater management, transportation, noise, backup power generation,
emergency services, and other public facilities and services. Additionally, the City requires adequate time to study battery energy
storage systems and related battery uses before applications are considered. These uses may involve the storage, charging,
recycling, warehousing, manufacturing, or other handling of batteries and may present unique circumstances relating to public
safety, fire protection, emergency response, electrical infrastructure and capacity, environmental resources, stormwater
management, transportation, noise, and other public facilities and services. The temporary moratorium will prevent new
development while the City evaluates these issues and develops appropriate regulations.

Section 2-8

d. The proposed change is consistent with the character of the affected area; or
The proposed moratorium is a citywide temporary land-use measure and is not directed at a particular property or neighborhood.
The moratorium is intended to allow the City to determine appropriate standards for data centers, battery energy storage systems,
and related battery uses that are compatible with existing and planned development throughout the City.

e. The proposed zoning is compatible with the zoning and uses of property nearby; or
Yes. The proposed moratorium does not authorize a new land use or establish a new zoning classification. The moratorium
temporarily pauses consideration of new data center, battery energy storage systems, and related battery uses development while
the City evaluates the compatibility of such uses with surrounding land uses and existing zoning districts.

f. The existing zoning is suitable for the development of the uses authorized under the existing zoning
classification, will be conducive to proper community planning, and is a logical extension of an existing
urban area or growth center; and
The proposed moratorium does not alter the existing zoning classification of any property. It provides the City an opportunity to
evaluate whether the City's existing zoning regulations adequately address data centers, battery energy storage systems, and
related battery uses and whether additional standards or amendments are necessary for proper community planning.

g. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers,
water, electrical service, police and fire protection, schools, parks and recreation facilities, roads,
libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized
under the proposed zoning; and
The moratorium will allow the City to evaluate the adequacy and capacity of infrastructure and public facilities before establishing
regulations. The proposed temporary moratorium does not authorize any new use or development and therefore, does not create
additional demand for public or community facilities.

h. Authorized uses will not adversely affect the capacity or safety of the street network in the vicinity of
the property; and
As part of its evaluation of future data center, battery energy storage systems, and related battery use regulations, the City may
consider potential impacts on transportation infrastructure, traffic patterns, access, and street network capacity and safety.

i. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise
pollution, excessive lighting, or other environmental harms) of authorized uses will be mitigated.
The proposed moratorium will allow the City to evaluate potential environmental impacts associated with data centers, battery
energy storage systems, and related battery uses including stormwater runoff, water consumption, wastewater, noise, air emissions
from backup power generation, lighting, and other potential environmental impacts, and to determine appropriate regulations and
mitigation measures before allowing future development.

Date: September 1, 2026
Charleston Board of Zoning Appeals and Planning
Re: Letter of Intent – Moratorium on Data Centers
The City of Charleston is requesting consideration of a temporary moratorium on data centers,
battery energy storage systems, and related battery uses within the City of Charleston and the
City’s one-and-a-half-mile extraterritorial zoning jurisdiction.
The purpose of the moratorium is to provide the City an opportunity to research, evaluate, and
consider appropriate regulations governing the location, development, construction, and
operation of such uses within the City and its extraterritorial zoning jurisdiction.
A moratorium is a text amendment, therefore, the Board of Zoning Appeals and Planning should
evaluate the proposed ordinance under the standard text amendment criteria and make findings
of fact to be included in the written minutes. The standards and suggested findings are included
in the application.
The City's Unified Development Code does not currently contain specific regulations addressing
data centers, battery energy storage systems, and related uses. As the City evaluates potential
development of these uses, staff believes it is appropriate to review the City's existing regulations
and determine whether additional standards are necessary to adequately address their unique
characteristics and potential impacts.
The proposed moratorium would temporarily prohibit the processing, consideration, or approval
of new applications or requests for zoning or land use approvals relating to the establishment,
construction, expansion, or operation of data centers, battery energy storage systems, and related
uses during the moratorium period.
Data centers may have significant impacts relating to land use, electrical infrastructure and
capacity, water resources, wastewater infrastructure, storm water management, transportation
infrastructure, noise, backup power generation, environmental resources, emergency services,
and other public facilities and services.
For purposes of the proposed moratorium, a “Data Center” is defined as:
“A facility comprised of networked computers, storage systems, and computing
infrastructure which organizations use to assemble, process, store, and disseminate data.
Cryptocurrency centers, which use networked computers, storage systems, and
computing infrastructure to manage the flow of digital or virtual currencies, shall be
included in the definition.”

Battery energy storage systems and related battery uses may involve battery manufacturing,
charging, recycling, warehousing, storage, and related activities. These uses may also include
facilities that derive energy from renewable sources, such as wind and solar power, to be
collected, stored, and later released to an electric grid, power plant, or private user. Potential
considerations include, but are not limited to, fire protection and emergency response, electrical
infrastructure and capacity, land use compatibility, environmental impacts, storm water
management, transportation infrastructure, noise, and other public facilities and services.
For purposes of the proposed moratorium, “Battery Use” is defined as:
“A use that enables battery manufacturing, charging, recycling, warehousing, storage,
and related uses. This may also include uses that derive energy from renewable sources,
such as wind and solar power, to be collected, stored, and then released for later use to an
electric grid, power plant or private user.”
The proposed moratorium would allow the City to further evaluate these potential impacts and
determine whether amendments to the Unified Development Code or other City regulations are
appropriate.
Overall, the proposed moratorium would provide the City with sufficient time to evaluate the
potential impacts of data centers, battery energy storage systems, and related uses and develop
appropriate regulations while ensuring that future development is compatible with the City's
goals, infrastructure, and Unified Development Code while protecting the health, safety, and
general welfare of the community.

I will be representing the City of Charleston as the petitioner in this matter.
You all should have a copy of the City’s application for the proposed temporary moratorium along
with exhibits. The City’s application and exhibits are to be included as part of the record.
In regards to the request for the temporary moratorium, the City Code provides the City may,
from time to time, by petition, amend, supplement, or change, by ordinance, the development
regulations in the Unified Development Code to better provide for the public health, safety and
welfare of the City.
The City has been studying and reviewing Data Centers, Battery Energy Storage Systems, and
related battery uses. I will pass out the draft ordinance regarding this matter to this Board. Mr.
Chairman, I would like to include this draft ordinance as Exhibit 1.
At this time, I would like to enter the following additional exhibits into the record:
1.) 2020 Charleston Comprehensive Plan (update) by reference
2.) Official Zoning Map of the City of Charleston by reference and
3.) The City Code / Unified Development Code by reference
The application meets the required findings for approval of the Text Amendment described in
Section 10-4-3(B) of the Unified Development Code, and in support thereof we will present
suggested findings of fact that are contained in the application in addition to the general
testimonial evidence presented during this hearing.
I would now like to walk through the BZAP Application and Exhibits, and the Findings for the
Board.
Following the testimony, we will be requesting this Board make a motion to recommend approval
of the proposed Text Amendments to the Unified Development Code.

1

The City of Charleston is requesting consideration of a temporary moratorium on data centers,
battery energy storage systems, and related battery uses within the City of Charleston and the
City's one-and-a-half-mile extraterritorial zoning jurisdiction.
The purpose of the proposed moratorium is to provide the City with an opportunity to research,
evaluate, and consider appropriate regulations governing the location, development,
construction, and operation of data centers, battery energy storage systems, and related
battery uses.
The City's Unified Development Code does not currently contain specific regulations
addressing data centers, battery energy storage systems, and related battery uses.
Data centers may have unique characteristics and potential impacts that warrant additional
consideration as part of the City's land use planning process. Potential impacts may include
electrical infrastructure and capacity, water resources, wastewater infrastructure, stormwater
management, transportation infrastructure, noise, backup power generation, environmental
resources, emergency services, and other public facilities and services.
Battery energy storage systems and related battery uses may have unique characteristics and
potential impacts that warrant additional consideration as part of the City's land use planning
process. Potential considerations may include public safety, fire protection, emergency
response, electrical infrastructure and capacity, environmental resources, storm water
management, transportation infrastructure, noise, and other public facilities and services.
The proposed moratorium would temporarily prohibit processing, consideration, or approval of
new applications or requests for zoning or land use approvals relating to the establishment,
construction, expansion, or operation of data centers, battery energy storage systems, and
related battery uses.
For purposes of the proposed moratorium, a “Data Center” is defined as:
A facility comprised of networked computers, storage systems, and computing
infrastructure which organizations use to assemble, process, store, and disseminate
data. Cryptocurrency centers, which use networked computers, storage systems, and
computing infrastructure to manage the flow of digital or virtual currencies, shall be
included in the definition.
For purposes of the proposed moratorium, a “Battery Use” is defined as:
A use that enables battery manufacturing, charging, recycling, warehousing, storage,
and related uses. This may also include uses that derive energy from renewable
sources, such as wind and solar power, to be collected, stored, and then released for
later use to an electric grid, power plant, or private user.

2

During the moratorium, the City intends to consult with appropriate parties to evaluate data
center development and determine appropriate standards and regulations.
The proposed moratorium is a temporary planning measure. It does not change the zoning
classification of any property or permanently prohibit data centers, battery energy storage
systems, or related battery uses within the City or the City's one-and-a-half-mile extraterritorial
zoning jurisdiction.
Staff recommends that the temporary moratorium be effective for a period of one year, or until
permanent regulations governing these uses are adopted, whichever occurs first.
Overall, the proposed moratorium will allow the City to proactively evaluate data centers, battery
energy storage systems, and related battery uses, and develop appropriate regulations to
ensure future development is compatible with the City's planning goals, infrastructure,
surrounding land uses, public safety considerations, and community needs.

Sec 10-4-3 (Major Development Applications)
Part B. (Text And Zoning Map Amendments)
Par. 4 (Review Criteria)
Address the Required Findings listed in “10-4-3(B)(4)” one at a time:
a.) The existing zoning was in error at the time of adoption; or
The proposed moratorium is not based on an error in the existing Unified Development
Code. The City is seeking time to evaluate data centers, battery energy storage systems,
and related battery uses and determine whether additional zoning regulations are
appropriate.
b.) The proposed change is consistent with, and in furtherance of, the implementation
of the goals and objectives of the comprehensive plan, other adopted plans, and
the policies, intents and requirements of this title and other city regulations and
guidelines;
The proposed moratorium is consistent with the City's responsibility to promote orderly
and appropriate land use planning and to ensure development regulations adequately
address new land uses and their potential impacts. The temporary moratorium will allow
the City to evaluate data centers, battery energy storage systems, and related battery
uses and determine whether amendments to the Unified Development Code are
necessary.
c.) There is a community need for and benefit from the proposed change; or
There is a community need and benefit in allowing the City adequate time to study the
potential impacts of data centers before applications for such uses are considered. Data
centers may have significant impacts relating to electrical infrastructure and capacity,
3

water resources, wastewater infrastructure, stormwater management, transportation,
noise, backup power generation, emergency services, and other public facilities and
services. Additionally, the City requires adequate time to study battery energy storage
systems and related battery uses before applications are considered. These uses may
involve the storage, charging, recycling, warehousing, manufacturing, or other handling
of batteries and may present unique circumstances relating to public safety, fire
protection, emergency response, electrical infrastructure and capacity, environmental
resources, stormwater management, transportation, noise, and other public facilities and
services. The temporary moratorium will prevent new development while the City
evaluates these issues and develops appropriate regulations.

d.) The proposed change is consistent with the character of the affected area;
The proposed moratorium is a citywide temporary land-use measure and is not directed
at a particular property or neighborhood. The moratorium is intended to allow the City to
determine appropriate standards for data centers, battery energy storage systems, and
related battery uses that are compatible with existing and planned development
throughout the City.
e.) The proposed zoning is compatible with the zoning and uses of property nearby.
The proposed moratorium does not authorize a new land use or establish a new zoning
classification. The moratorium temporarily pauses consideration of new data center,
battery energy storage systems, and related battery uses development while the City
evaluates the compatibility of such uses with surrounding land uses and existing zoning
districts.
f.) The existing zoning is suitable for the development of the uses authorized under
the existing zoning classification, will be conductive to proper community
planning, and is a logical extension of an existing urban area or growth center.
The proposed moratorium does not alter the existing zoning classification of any property.
It provides the City an opportunity to evaluate whether the City's existing zoning
regulations adequately address data centers, battery energy storage systems, and
related battery uses and whether additional standards or amendments are necessary for
proper community planning.
g.) Public and community facilities, which may include, but are not limited to, sanitary
and storm sewer, water, electrical service, police and fire protection, school, parks
and recreation facilities, roads, libraries, and solid waste collection and disposal,
are available and adequate to serve uses under the proposed zoning.
The moratorium will allow the City to evaluate the adequacy and capacity of
infrastructure and public facilities before establishing regulations. The proposed

4

temporary moratorium does not authorize any new use or development and therefore,
does not create additional demand for public or community facilities.
h.) Authorized uses will not adversely affect the capacity or safety network in the
vicinity of the property.
As part of its evaluation of future data center, battery energy storage systems, and related
battery use regulations, the City may consider potential impacts on transportation
infrastructure, traffic patterns, access, and street network capacity and safety.
i.) Potential environmental impacts (e.g. excessive storm water runoff, water
pollution, air pollution, noise pollution, excessive lighting or other environmental
harms) of authorized uses will be mitigated.
The proposed moratorium will allow the City to evaluate potential environmental impacts
associated with data centers, battery energy storage systems, and related battery uses
including stormwater runoff, water consumption, wastewater, noise, air emissions from
backup power generation, lighting, and other potential environmental impacts, and to
determine appropriate regulations and mitigation measures before allowing future
development.

5

CITY OF CHARLESTON

ORDINANCE NO. ________
AN ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM ON DATA CENTERS, BATTERY ENERGY STORAGE SYSTEMS,
AND RELATED BATTERY USES

ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CHARLESTON, COLES COUNTY, ILLINOIS
THIS _____ DAY OF ___________________, 2026

PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF CHARLESTON, COLES COUNTY, ILLINOIS
AS PROVIDED BY LAW THIS _____ DAY OF ___________, 2026

ORDINANCE NO. ______
AN ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM ON DATA CENTERS, BATTERY ENERGY STORAGE SYSTEMS,
AND RELATED BATTERY USES
WHEREAS, the City of Charleston (“City”) is a municipal corporation organized and
existing under the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the City has a Unified Development Code which comprehensively divides the
City into districts and classifies, regulates and restricts the location of land uses by reference to
such districts; and
WHEREAS, the City has determined that data centers, battery energy storage systems, and
related battery uses have unique characteristics and impacts that warrant consideration of
appropriate regulations governing their location, development, construction, and operation within
the City’s jurisdiction; and
WHEREAS, the City desires to carefully review and consider the potential impacts data
centers, battery energy storage systems, and related battery uses may have on the public health,
safety, comfort, and general welfare of the community; and
WHEREAS, data centers may have significant impacts relating to land use, electrical
infrastructure and capacity, water resources, wastewater infrastructure, stormwater management,
transportation infrastructure, noise, backup power generation, environmental resources,
emergency services, and other public facilities and services; and
WHEREAS, battery energy storage systems and related battery uses may involve the
storage, charging, recycling, warehousing, manufacturing, or other handling of batteries and may
have potential impacts relating to public safety, fire protection, emergency response,
environmental resources, stormwater management, transportation infrastructure, electrical
infrastructure and capacity, noise, and other public facilities and services; and
WHEREAS, the City’s Unified Development Code does not currently contain specific
regulations addressing the location, development, and operation of data centers, battery energy
storage systems, and related battery uses; and
WHEREAS, the City desires to research, consider, and prepare appropriate amendments
to its Unified Development Code governing the location, development, and operation of data
centers, battery energy storage systems, and related battery uses before considering applications
for such uses; and
WHEREAS, allowing applications for or development of data centers, battery energy
storage systems, and related battery uses to proceed before the City completes its evaluation and
consideration of appropriate regulations may result in development occurring before the City has

Page 1 of 4

had an adequate opportunity to establish appropriate regulations and standards governing such
uses; and
WHEREAS, to preserve the status quo while the City conducts its evaluation process, the
City finds that a temporary moratorium on data centers, battery energy storage systems, and
related battery uses is necessary and appropriate; and
WHEREAS, the City Council referred this matter to the Board of Zoning Appeals and
Planning to consider a moratorium on data centers, battery energy storage systems, and related
battery uses and to allow the City to research, consider, and prepare proposed amendments to the
Unified Development Code governing the location, development, and operations of data centers,
battery energy storage systems, and related battery uses; and
WHEREAS, following due publication of notice on __________________, 2026, in the
______________________________, a public hearing concerning the proposed moratorium was
commenced by the Board of Zoning Appeals and Planning on __________________, 2026; and
WHEREAS, following deliberation on the evidence and testimony presented during the
public hearing, the Board of Zoning Appeals and Planning considered the proposed moratorium
and recommended approval of an ordinance establishing a temporary moratorium on data
centers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CHARLESTON, COLES COUNTY, ILLINOIS, AS FOLLOWS:
SECTION ONE: RECITALS. The foregoing recitals shall be and are hereby incorporated
into and made a part of this Ordinance as if fully set forth herein.
SECTION TWO: MORATORIUM.

A. From the effective date of this Ordinance until 5:00 p.m. CST on
__________________, 2026, or until new ordinances or amendments governing the
location, development, construction, or operation of data centers, battery energy storage
systems, and related battery uses are adopted by the City, whichever occurs first, no new
application or request for approval relating to the establishment, construction, expansion,
or operation of a Data Center, Battery Energy Storage Systems, and related battery uses
shall be accepted, processed, considered, or approved by City staff, the Board of Zoning
Appeals and Planning, or any other City department, board, commission, or body.
The above moratorium shall include, without limitation, applications or requests for
zoning approvals, conditional use permits, variances, site plan approvals, subdivision
approvals, building permits, or other zoning, development, or land use approvals when
such application or request would establish, facilitate, or authorize a Data Center, Battery
Energy Storage Systems, or related battery uses.

Page 2 of 4

B. For purposes of this Ordinance, "Data Center" means:
A facility comprised of networked computers, storage systems, and computing
infrastructure which organizations use to assemble, process, store, and disseminate data.
Cryptocurrency centers, which use networked computers, storage systems, and
computing infrastructure to manage the flow of digital or virtual currencies, shall be
included in the definition.
For purposes of this Ordinance, “Battery Use” means:
A use that enables battery manufacturing, charging, recycling, warehousing, storage,
and related uses. This may also include uses that derive energy from renewable sources,
such as wind and solar power, to be collected, stored, and then released for later use to
an electric grid, power plant, or private user.

C. The moratorium established by this Section shall be in effect during the time period
identified in Section 2.A above unless, prior to moratorium’s expiration, the City
Council, in its discretion, terminates or extends such moratorium by ordinance duly
adopted.
SECTION THREE. 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 hereof.
SECTION FOUR. All prior Ordinances and Resolutions in conflict or inconsistent
herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION FIVE. This Ordinance shall be in full force and effect upon passage, approval
and publication in pamphlet form as provided by law.
APPROVED and ADOPTED by the Mayor and City Council of the City of Charleston this
_____ day of ______________, 2026 pursuant to roll call vote as follows:

INTRODUCED this ______ day of _______________________, 2026.
PASSED this ___________day of ________________________, 2026.
APPROVED this ________ day of _______________________, 2026.
Aye
Mayor:
Brandon Combs

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Nay

Abstain

Absent

City Council:
Paul Brown
Jeff Lahr
Darlene Greathouse
Dennis Malak

____________________________________
Mayor
ATTEST:

______________________________
City Clerk

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