HomeMy WebLinkAbout4850 Ordinance - Data Center Moratorium4916-5781-4717, v. 1
ORDINANCE NO. 4850
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, IMPOSING A
SIX-MONTH MORATORIUM ON THE ACCEPTANCE AND PROCESSING
OF BUSINESS LICENSES AND/OR DEVELOPMENT PERMIT
APPLICATIONS RELATED TO NEW DATA CENTERS,
CRYPTOCURRENCY MINING FACILITIES, BLOCKCHAIN COMPUTING
FACILITIES, ARTIFICIAL INTELLIGENCE COMPUTING FACILITIES, AND
OTHER HIGH-DENSITY COMPUTING FACILITIES; SETTING FORTH
PRELIMINARY FINDINGS IN SUPPORT OF THIS MORATORIUM;
DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE
EFFECTIVE DATE; PROVIDING FOR A PUBLIC HEARING WITHIN 60
DAYS; AND PROVIDING FOR SEVERABILITY
WHEREAS, the City Council has authority under Article XI, Section 11 of the
Washington State Constitution, RCW 35A.63.220, RCW 36.70A.200, and RCW 36.70A.390 to
regulate land uses and adopt interim zoning controls and moratoria; and
WHEREAS, the City anticipates future applications for data centers, cryptocurrency
mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and
other high-density computing facilities, demonstrating an immediate need to evaluate whether the
City's existing land use regulations adequately address these emerging uses; and
WHEREAS, the City has not previously adopted specific development regulations,
operational standards, or review criteria governing data centers, cryptocurrency mining facilities,
blockchain computing facilities, artificial intelligence computing facilities, and other high-density
computing facilities, making it necessary to evaluate these uses before new applications are
accepted and processed; and
WHEREAS, the City Council finds that it is in the public interest to temporarily suspend
the acceptance and processing of applications for these uses while the City evaluates appropriate
zoning classifications, development standards, review procedures, and operational performance
standards to ensure that future development is compatible with surrounding land uses and
consistent with the City's Comprehensive Plan and long-term planning objectives; and
WHEREAS, data centers, cryptocurrency mining facilities, blockchain computing
facilities, artificial intelligence computing facilities, and high-density computing facilities are
large-scale facilities that house computer servers, storage systems, and associated infrastructure
for processing, storing, and distributing digital data, and which typically require substantial land
area, structures, electrical power, water for cooling, and associated mechanical equipment; and
WHEREAS, the development of data centers, cryptocurrency mining facilities, blockchain
computing facilities, artificial intelligence computing facilities, and high-density computing
facilities has increased significantly in recent years as demand for cloud computing, artificial
intelligence infrastructure, cryptocurrency mining, blockchain computing, and digital storage has
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grown nationally and regionally, including in eastern Washington due in part to access to low-cost
hydroelectric power; and
WHEREAS, data centers, cryptocurrency mining facilities, blockchain computing
facilities, artificial intelligence computing facilities, and high-density computing facilities impose
unique and significant demands on local utility infrastructure, including electrical supply and water
systems, which may strain existing City infrastructure and service capacity; and
WHEREAS, the City's existing development regulations, zoning code, and
Comprehensive Plan were not specifically designed to address the scale, characteristics, and
potential impacts of data centers, cryptocurrency mining facilities, blockchain computing
facilities, artificial intelligence computing facilities, and high-density computing facilities; and
WHEREAS, the City Council also has determined that the City's current land use
regulations may be inadequate to address the land use, environmental, infrastructure, noise, and
compatibility impacts associated with the siting and operation of data centers, cryptocurrency
mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and
other high-density computing facilities; and
WHEREAS, the City Council finds that additional time is necessary to develop a clear
review and approval process for data centers, cryptocurrency mining facilities, blockchain
computing facilities, artificial intelligence computing facilities, and high-density computing
facilities, evaluate zoning regulations and development standards, evaluate public safety and
compatibility considerations, and adopt interim or permanent development regulations; and
WHEREAS, without a moratorium, business license and/or permit applications related to
data centers, cryptocurrency mining facilities, blockchain computing facilities, artificial
intelligence computing facilities, and high-density computing facilities could vest under existing
regulations that do not contain criteria or review procedures; and
WHEREAS, the City Council intends to study regulations for data centers, cryptocurrency
mining facilities, blockchain computing facilities, artificial intelligence computing facilities, and
high-density computing facilities with input from the Planning Commission, staff, and the
community; and
WHEREAS, a temporary moratorium is necessary to protect the public health, safety, and
welfare while the City develops appropriate regulations; and
WHEREAS, a moratorium will allow the City time to study the characteristics and impacts
of data centers, solicit public input, consult with affected utilities and agencies, and develop land
use regulations that appropriately address data center development in a manner consistent with the
City's Comprehensive Plan and community objectives; and
WHEREAS, the City Council finds that the adoption of this moratorium is necessary as
an emergency measure to preserve the public health, safety, and welfare and to protect the integrity
of the City's land use planning process pending the development of appropriate standards; and
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WHEREAS, this ordinance is intended to include necessary supporting recitals
incorporated as findings of fact, impose a moratorium on acceptance and processing of
applications related to data centers, cryptocurrency mining facilities, blockchain computing
facilities, artificial intelligence computing facilities, and high-density computing facilities, exempt
vested applications, establish a six-month duration, require a public hearing within 60 days, and
declare an emergency establishing an immediate effective date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are adopted as the City
Council’s initial findings of fact in support of the moratorium established by this ordinance.
Section 2. Declaration of Emergency. The City Council declares this moratorium to
be an emergency measure necessary for the immediate protection of public health, safety, property,
and welfare.
Section 3. Moratorium Imposed. Pursuant to Article XI, Section 11 of the Washington
State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City hereby imposes a temporary
moratorium on the acceptance and processing of development permit applications related to data
centers, cryptocurrency mining facilities, blockchain computing facilities, artificial intelligence
computing facilities, and high-density computing facilities. This moratorium applies to, but is not
limited to, business license applications, building permit applications, conditional use permit
applications, site plan review applications, binding site plan applications, subdivision and short
subdivision applications, pre-application conferences, and any other land-use approvals or
development permit applications related to data centers, cryptocurrency mining facilities,
blockchain computing facilities, artificial intelligence computing facilities, and high-density
computing facilities.
Section 4. Effect on Vested Rights. This moratorium applies prospectively only and does
not affect applications determined to be complete prior to the effective date of this ordinance.
Section 5. Duration of Moratorium. This moratorium shall remain in effect for six (6)
months from the date of adoption unless extended in accordance with RCW 35A.63.220 and RCW
36.70A.390 or replaced by interim or permanent regulations.
Section 6. Public Hearing. The City Council shall hold a public hearing within sixty (60)
days of adoption of this ordinance to receive public testimony and consider additional findings of
fact.
Section 7. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
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Section 8. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 9. Effective Date. This ordinance shall take effect immediately upon
adoption.
PASSED by the City Council of the City of Pasco, Washington this 20th day of July, 2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Gabriela Sanchez Ogden Murphy Wallace, PLLC
City Clerk City Attorney
Published: Sunday, July 26, 2026