City Attorney’s Office
Reference: Data Center Moratorium
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: October 8, 2026
PURPOSE
To approve an ordinance enacting a moratorium on the acceptance, processing, or approval of any applications to the City of Brighton (“City”) for any permits, licenses, zoning, or other land use where a data center is a proposed use or purpose.
BACKGROUND
On September 20, 2026, three council members requested the addition of an item to the City Council agenda: a 90-day data center moratorium. The purpose is to allow staff sufficient time to research, draft, and propose updates to the Brighton Municipal Code, the Land Use and Development Code (“LUDC”), procedures, definitions, or policies. The intent of the temporary moratorium is to also allow time for any code changes to be presented to the Planning Commission and the City Council with time for community engagement and any required public hearings. The council members requested a change to a 180-day moratorium prior to the first meeting, and this was considered at the first reading of the ordinance.
At the City Council meeting on October 6, 2026, the City Council amended the ordinance to a one-year moratorium. The City Council passed the amended ordinance on first reading, and on second reading the ordinance has been changed to reflect the amendment.
The City does not address data centers in the LUDC and does not have comprehensive and specific local zoning, land use, and water management laws or regulations for data centers. A temporary moratorium will allow for development of laws and regulations.
OPTIONS FOR COUNCIL CONSIDERATION
City Council may adopt the ordinance, decline to adopt, or modify the ordinance.
ATTACHMENTS
Ordinance