ORDINANCE NO. 26-60: AN ORDINANCE IMPOSING A MORATORIUM ON FUTURE DEVELOPMENT OF DATA CENTERS IN THE CITY OF AVON LAKE AND DECLARING AN EMERGENCY.

ORDINANCE NO. 26-60 INTRODUCED BY: Mr. Reynolds AN ORDINANCE IMPOSING A MORATORIUM ON FUTURE DEVELOPMENT OF DATA CENTERS IN THE CITY OF AVON LAKE AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the power vested in Council through the Avon Lake City Charter and the Ohio Constitution, Council has the inherent power to enact planning, zoning, and business regulation laws that further the health, safety, and welfare of the public, including restricting or prohibiting certain business and land uses; and WHEREAS, over the past few years, interest has increased in developing and constructing data centers in municipalities; and WHEREAS, the City’s Administration, Planning Commission, and Council have all expressed concerns about data centers and will need time to undertake a thorough review of all applicable state codes, regulations, and local ordinances in order to formulate a proper local response to future development or construction of these facilities in the City of Avon Lake; and WHEREAS, a data center that is incidental and/or subordinate to a permitted principal use and primarily supports on-site operations is not included in this moratorium. Accessory data center(s) shall not include any separate exterior mechanical or electrical equipment beyond what is typical for principal use. WHEREAS, Council finds that a one-year moratorium on data centers will provide City officials with a sufficient amount of time to study, plan for, formulate, and draft reasonable and comprehensive regulations with respect to data centers and that these regulations will further the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That for the reasons stated in the preamble above, Council imposes a moratorium beginning with the effective date of this Ordinance and running through June 22, 2027, on the consideration, approval, or authorization of any Permitted Use, Conditional Use, or Accessory Use, i.e., any development of data centers. This would include the granting of zoning permits, building permits, or certificates of occupancy for any building, structure, use or change of use that would enable said development within the City. Said moratorium extends to the submission, consideration, or approval of all applications for all review procedures. Section No. 2: That this moratorium shall become effective on the date that this Ordinance, following its passage by Council, is approved by the Mayor, and shall remain in effect through June 22, 2027, following the date upon which it became

ORDINANCE NO. 26-60 Page | 2 effective, unless extended by Council for a period of no more than an additional six months, if Council finds such continuance is required to allow sufficient time for the Administration to complete its study and recommend what action, if any, the City of Avon Lake should take to safeguard the health, safety, and welfare of the public through the provision of adequate planning, zoning, land use, or other regulatory controls applicable to activities covered under Avon Lake Code of Ordinances. Section No. 3: That this moratorium suspends and tolls any time periods, prescribed by law, within which Planning Commission or any other official or official body of the City, is required to take action upon an application for any review procedure for the development of a data center. No such application shall be deemed to be approved by the failure of Planning Commission, or any other public official or official body, to approve or deny said application during the time when this moratorium shall be in effect. Section No. 4: No data-center zoning framework or other action authorizing data-center uses shall be advanced to Council for final action unless and until the City has completed an economic-development strategy for the City of Avon Lake, associated data-center zoning, safety, infrastructure, socioeconomic, community-impact, and fiscal-impact analyses, at least two publicly noticed public hearings or stakeholder engagement sessions, review by the Economic Development Committee and Public Service Committee, and subsequent referral to Council. If these steps are not completed before the expiration of the moratorium, Council shall affirmatively consider extending or modifying the moratorium to maintain protections until the required review process is complete. Section No. 5: If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section No. 6: That any data center that is incidental and/or subordinate to a permitted principal use and primarily supports on-site operations is not included in this moratorium. Section No. 7: That it is found and determined that all formal actions of Council relating to the passage of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 8: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity to impose a moratorium at the earliest possible date so as to enable the City to responsibly begin to study, analyze, and review regulations related to future development of data centers in the city and for the reasons set forth in the recitals of this Ordinance, thus for the health, safety, and

ORDINANCE NO. 26-60 Page | 3 welfare of the public. Therefore, this Ordinance shall go into immediate force and effect from and after its passage and approval by the Mayor. PASSED: 06/22/2026 ____________________________ President of Council POSTED: 06/26/2026 Approved: 06/23/2026 ATTEST: _________________________ ____________________________ Clerk of Council Mayor