Amid moratorium, Independence passes new rules for data center, battery storage zoning

INDEPENDENCE, Mo. — KSHB 41 reporter Tod Palmer covers sports business and eastern Jackson County, including Independence. Share your story idea with Tod.

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Independence approved new zoning requirements for data centers and battery energy storage systems within city limits.

After several months of conversation and public hearings, the Independence City Council unanimously approved the changes Oct. 5 to its Unified Development Ordinance, or UDO, related to such projects.

Independence initiated a moratorium on new data center projects, which passed in July, over the summer after Nebius broke ground in May 2026 on a hyperscale AI data factory in the Little Blue Valley and Patmos moved to build a data center farther south along Little Blue Parkway.

The council approved the Nebius project in March despite strong organized opposition, which ultimately led to residents voting out several council members who supported the project.

Council member Brice Stewart and Mayor Kevin King introduced a series of amendments, all of which were also adopted unanimously.

One requires any new data center or BESS developments to be at least 1,000 feet from residences or other public spaces — schools, parks, recreation and playground facilities, daycares, nursing homes, hospitals or places of worship.

It would allow for variances, if recommended by the city planning commission and approved by the city council.

Other amendments were related to noise-impact assessments and mitigation plans, decommissioning data centers that cease operations for 12 months, and requiring generator compliance reports every six months rather than annually.

The new regulations require any data center larger than 2.5 megawatts to seek a special use permit from the city.

Independence, like many city and county governments, didn’t have specific zoning requirements in place for data centers and BESS projects, which “present unique land use considerations not commonly associated with traditional industrial development,” according to the Agenda Item Cover Letter.

Those complicated issues include massive electrical demand, high water consumption, on-site backup power generation, consistent mechanical noise and other issues.

“The City's current UDO does not contain use-specific regulations for data processing and hosting facilities,” according to the cover letter. “As interest in this development type continues to increase, staff believes additional standards are appropriate to provide clear expectations for future development while protecting surrounding properties and community resources.”

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