TOWN OF ALMA
BOARD OF TRUSTEES
ORDINANCE NO. 2026-11
AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, OR APPROVAL OF LAND USE APPLICATIONS, BUILDING PERMITS, AND OTHER DEVELOPMENT APPLICATIONS FOR MEDIUM AND LARGE DATA CENTER FACILITIES WITHIN THE TOWN OF ALMA
WHEREAS, the Board of Trustees of the Town of Alma, Colorado, pursuant to Colorado statute is vested with the authority of administering the affairs of the Town of Alma, Colorado, including the authority to regulate land uses within its jurisdiction in furtherance of the public health, safety, and welfare; and
WHEREAS, data center facilities are specialized facilities that house information technology equipment used for data processing, data storage, telecommunications, cloud computing, artificial intelligence, machine learning, and other computational services; and
WHEREAS, medium and large data center facilities may require substantial electrical capacity and associated electrical infrastructure and may also create impacts related to water consumption, cooling systems, backup generators, noise, building size and design, exterior mechanical equipment, traffic, visual impacts, and compatibility with surrounding land uses; and
WHEREAS, the Town’s existing zoning regulations do not expressly define or identify data center facilities as a permitted or special review use; and
WHEREAS, the Town’s Light Industrial (LI) District permits, among other uses, “utility infrastructure and offices” and “research and development facilities,” creating potential uncertainty as to whether a particular data center facility could be characterized as an existing permitted use under the Town’s current zoning regulations; and
WHEREAS, the Board of Trustees does not intend through adoption of this Ordinance to determine or concede that data center facilities are presently permitted under any provision of the Alma Municipal Code; and
WHEREAS, the Board of Trustees finds that the Town’s existing zoning, land use, utility, and development regulations do not contain standards specifically designed to address the potential impacts of medium and large data center facilities; and
WHEREAS, the Board of Trustees desires to study the potential land use, infrastructure, utility, environmental, and community impacts of medium and large data center facilities and to determine whether and under what conditions such facilities should be permitted within the Town; and
WHEREAS, the Board of Trustees finds that adequate time is necessary to study these issues and to develop and consider appropriate regulations addressing matters including facility location and size, electrical and water demands, cooling and backup power systems, noise, visual impacts, and compatibility with surrounding properties; and
WHEREAS, the acceptance or approval of applications for medium or large data center facilities before completion of this process could result in development inconsistent with regulations ultimately adopted by the Town, and the Board of Trustees therefore finds that a temporary moratorium is reasonable and necessary to preserve the status quo while the Town considers appropriate regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ALMA, COLORADO, THAT:
Section 1. Temporary Moratorium.
A temporary moratorium is hereby imposed upon the acceptance, processing, consideration, or approval by the Town of any application for the establishment, construction, expansion, or development of a Medium or Large Data Center Facility within the Town.
During the moratorium, no Town officer, employee, board, commission, or other Town body shall accept, process, consider, or approve any land use application, building permit, or other Town permit or approval for a Medium or Large Data Center Facility.
The moratorium shall apply regardless of the zoning district in which the proposed facility would be located and regardless of whether an applicant asserts that the proposed facility falls within an existing use classification under the Alma Municipal Code.
Section 2. Definitions.
For the purposes of this Ordinance:
“Data Center Facility” means a building, structure, group of buildings or structures, or portion thereof whose primary use is to house information technology equipment used for data processing, data storage, telecommunications or computational services.
A Data Center Facility does not include computer equipment, servers, telecommunications equipment, or similar equipment that is accessory and incidental to another principal use of the property.
“Medium or Large Data Center Facility” means a Data Center Facility designed, constructed, or operated to utilize electrical power at a total capacity or demand of 0.25 megawatts (250 kilowatts) or greater, regardless of whether such electrical power is supplied by a public or private utility, generated on-site, supplied through an energy storage system, or obtained from any combination of on-site and off-site sources. The determination of electrical demand or capacity shall include the reasonably anticipated electrical requirements of the entire Data Center Facility, including information technology equipment, cooling systems, mechanical equipment, lighting, and other equipment necessary for operation of the facility.
Section 3. Purpose.
The purpose of this moratorium is to preserve the status quo for a reasonable period while the Town studies the potential land use, infrastructure, utility, environmental, fiscal, and community impacts associated with Medium and Large Data Center Facilities and considers appropriate amendments to the Alma Municipal Code.
Nothing in this Ordinance shall be interpreted as a determination that a Data Center Facility is presently a permitted, prohibited, conditional, special review, or other recognized use under the existing Alma Municipal Code. The moratorium is intended to avoid uncertainty concerning the application of existing use classifications while the Town considers regulations specifically addressing Data Center Facilities.
Section 4. Duration. The moratorium imposed by this Ordinance shall commence upon the effective date of this Ordinance and shall remain in effect for a period of two (2) years, unless earlier terminated by ordinance of the Board of Trustees.
Section 5. Safety Clause. The Town Board hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Alma, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Board further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Section 6. Severability. Should any one or more sections or provisions of this Ordinance or of the Code provisions enacted hereby be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance or of such Code provision, the intention being that the various sections and provisions are severable.
Section 7. Effective Date. This Ordinance shall become effective thirty (30) days after publication by title.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED BY TITLE in a newspaper of general circulation in the Town of Alma at a regular meeting of the Board of Trustees of the Town of Alma, Colorado, this 18th day of August 2026.
Bob Kassel, Mayor
ATTEST:
Gary Goettelman, Town Clerk
