PORT HURON CHARTER TOWNSHIP
ST CLAIR COUNTY
ORDINANCE #257
TEMPORARY MORATORIUM ON DATA CENTERS AND OTHER HIGH RESOURCE DEMAND FACILITIES
EFFECTIVE: EIGHT DAYS AFTER PUBLICATION AFTER ADOPTION
An Ordinance to make findings to protect the public health, safety, and welfare by establishing a temporary moratorium on data centers and other high resource demand facilities; to adopt an amendment to the Township Zoning Ordinance to allow for temporary moratoriums generally; to implement a temporary moratorium on applications for data centers and other high resource demand facilities; to provide a term for the temporary data center and other high resource demand facilities moratorium; to provide for severability; to repeal all ordinances or parts of ordinances in conflict therewith; and to provide an effective date.
PORT HURON CHARTER TOWNSHIP
ST CLAIR COUNTY, MICHIGAN
ORDAINS:
SECTION I
FINDINGS
In accordance with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, Port Huron Charter Township has determined the following:
- The Township Board of Port Huron Charter Township determines that the approval of data centers and other high resource demand facilities may result in or produce negative impacts on permitted land uses and development and may harm the public health, safety and general welfare of property owners and residents of the Township.
- The Township Board is aware of significant public health, safety, and welfare concerns being raised by the public about the impacts of data centers and other high resource demand facilities.
- The Township has a legitimate public purpose in assessing the regulation of the establishment and use of data centers and other high resource demand facilities within the Township to ensure that data centers and other high resource demand facilities do not interfere with other land uses, or have substantial negative impacts on the environment, public health, and safety.
- The Township Board finds that adopting a temporary moratorium is reasonable and necessary for, among other reasons, the following:
- Michigan courts have recognized that a moratorium is a common and legitimate tool to preserve the status quo while formulating a development strategy.
- The adoption of a temporary moratorium would allow the Township Board and Planning Commission adequate time to study the public health, safety, and welfare concerns regarding data centers and other high resource demand facilities and allow for any needed Zoning Ordinance amendment and implementation process to occur, including attention to and consideration of citizen input and involvement, public debate, and full consideration of all issues and points of view.
- The Township Board accordingly determines that it is desirable and in the public interest for the reasons set forth above that the Board adopt a temporary moratorium for data centers and other high resource demand facilities.
SECTION II
ZONING ORDINANCE TEXT AMENDMENT
ARTICLE II – AUTHORITY TO IMPOSE A TEMPORARY
MORATORIUM OF ZONING ORDINANCE PROVISIONS
Article II, “Administration and Enforcement”, Division 4, is hereby amended by adding Section 114 to be titled “Temporary Moratorium”, which section shall read as follows:
- The Township Planning Commission has the authority to recommend the establishment of a temporary moratorium as to the application of provisions of the Township Zoning Ordinance to the Township Board, by majority vote of the Planning Commission. Said recommendation shall contain findings supporting the need for a temporary moratorium.
- Upon such Planning Commission recommendation, the Township Board may impose a temporary moratorium as to the application of the provisions of the Township Zoning Ordinance by ordinance or resolution of the Township Board. The Township Board moratorium shall contain findings supporting the need for a temporary moratorium. The Township will post notice of the moratorium ordinance or resolution on the Township website.
- Such temporary moratorium shall be for a set amount of time but may be extended by resolution of the Township Board to allow additional time for Township review and consideration of the application, revision, review or repeal/replacement of zoning ordinance provisions. If an extension is adopted, the Township will post notice of the extension on the Township website.
SECTION III
DATA CENTER AND OTHER HIGH RESOURCE DEMAND FACILITIES MORATORIUM
A temporary moratorium is imposed upon the acceptance and/or processing of any applications for data centers and other high resource demand facilities.
SECTION IV
TERM OF DATA CENTER AND OTHER HIGH RESOURCE DEMAND FACILITIES MORATORIUM
The data center moratorium imposed by this Ordinance will remain in effect until __
12 months after final adoption_, or until amendments to the Zoning Ordinance regarding data centers and other high resource demand facilities become effective, whichever occurs first. Before this moratorium expires, the Township Board may extend the moratorium by resolution as appropriate to allow additional time for Township review and consideration of the application, revision, review or repeal/replacement of zoning ordinance provisions. If an extension is adopted, the Township will post notice of the extension on the Township website.
SECTION V
SEVERABILITY
The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, word, section or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect.
SECTION VI
EFFECTIVE DATE/REPEAL
This Ordinance shall take effect eight days after publication after adoption. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
The above Ordinance was introduced on _
August 17, 2026,__ at a regular meeting of the Charter Township of Port Huron Board of Trustees in a motion by ___
Shonka____ and
Seconded by ___
Reno_____, the vote as follows:
AYES: Shonka, Reno, Fulk, Dudas, Davis, Lewandowski
NAYS: None
ABSENT: Pringle
PORT HURON CHARTER TOWNSHIP
_______________________________
Benita E. Davis, Clerk
CERTIFICATION
The foregoing is a true and complete copy of an Ordinance introduced by the Township Board of Port Huron Charter Township, County of St. Clair, State of Michigan, at a regular meeting held on the
17th day of
August, 2026, and public notice of the said meeting was given pursuant to and in accordance with the requirements of Act #110 of the Public Act of 1976, as amended being the Open Meeting Act, and the Minutes of the said meeting have or will be made available as required by said Act.
____________________________________
Benita E. Davis, Clerk