Lexington council temporarily pauses data center approvals in Fayette County
The Lexington-Fayette Urban County Council won’t consider development plans, give approvals or any other authorizations — including zone changes — for data centers in Fayette County through Oct. 31, the body decided unanimously in a Tuesday meeting.
The two walk-on resolutions — the moratorium and another that initiates the process for a zoning ordinance text amendment — passed in less than 15 minutes with no discussion at the June 9 meeting, just days after a data center developer’s purchase of a former Lexmark property became public.
The New Circle Road property was previously used as a data center, but DartPoints Operating Company said it would develop the site to support a broad mix of customers and uses, including for the support of artificial intelligence.
The site, as is, has an approximately 20 megawatt to 30 megawatt capacity, though DartPoints said there is long-term expansion potential to 70 megawatts. At the property, there is more than 345,000 square feet of space across nearly 30 acres and two buildings, in addition to 600 surface parking spaces.
Lexington Mayor Linda Gorton previously told the Herald-Leader her office was not made aware of the property sale until it was complete. There was no rezoning necessary because the property is in an area where technological use is permitted, but the mayor did say her office would not support public incentives for its growth.
Gorton’s office said Tuesday it supports the moratorium.
Fifth District Council Member Liz Sheehan, who brought both resolutions Tuesday, said the county has no modern definition or regulations for data centers.
Lexington’s comprehensive plan, which guides development, and its zoning ordinances, which define what businesses can go where, are largely silent on data centers, city officials said earlier this spring.
The moratorium, which is a temporary suspension of government activity, would give council the time it needs to examine and review regulations that fit “so that it may ensure the proper integration of these uses into the adopted land use and zoning scheme,” Sheehan said.
The moratorium will remain in effect until no later than Oct. 31 and applies to:
- Council’s acceptance and processing of applications for zone map amendments that seek to change the zone of any property in Lexington or in Fayette County when the application includes a preliminary development plan with a data center as the proposed use;
- Council’s acceptance and review of development plans for data centers in any zone;
- Council’s issuance of permits, approvals and authorizations to the operation of data centers in any zone.
Sheehan’s second Tuesday resolution — which also had unanimous support and no discussion — initiates the process for a zoning ordinance text amendment to regulate data centers.
It would change some of the city’s existing code, including but not limited to sections that detail permitted use of space and those related to the requirements and procedures for approving development plans.
Sheehan said the text amendment would “provide clarity on development plan considerations to ensure proper integration of this land use into the urban county planning and zoning scheme.”
Now that council has initiated the process through the resolution, the city’s Planning Commission will take charge in drafting new definitions and outlining allowable and permitted use in various zones.
The Planning Commission has 60 days from June 9 to send the text amendment back to council for approval.
This story was originally published June 9, 2026 at 4:26 PM.
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