Huntingburg Council discusses development issues with data centers, battery storage

Huntingburg Common Council members expressed an appetite for updating development regulations to address emerging land uses like data centers and battery storage systems, but acknowledged they need professional guidance to craft defensible standards.

The discussion arose during citizen comments at Tuesday’s regular meeting, when resident Holly Bartelt Gogel asked about potential changes to the Unified Development Ordinance (UDO) amid rapid shifts in these developments nationwide.

City Attorney Phil Schneider explained that the only recent amendment requires commercial solar facilities to obtain special exceptions rather than being permitted by right in agricultural districts. Under current regulations, uses not specifically outlined in the UDO must be evaluated against similar permitted uses.

Data centers would likely require special use exceptions because they’re most similar to solar energy generation facilities, he said.

The Board of Zoning Appeals reviews any special use exception applications through public hearings, requiring findings that proposed uses wouldn’t harm public health, safety or welfare, wouldn’t injure property values, would be consistent with the comprehensive plan and wouldn’t overburden existing infrastructure.

However, council members questioned whether the regulations were strict enough.

Schneider advised that creating more stringent regulations would require technical expertise and a rational basis rather than arbitrary standards.

“If you want to write a new set of standards, we probably need technical advice on those standards,” Schneider told the council. “We would probably need to hire consultants to assist in writing those standards. I don’t think any one of us can just start pulling numbers out of the air.”

Council members expressed frustration with being reactive rather than proactive on development issues.

“I think I would just like to see us be on the front end of it instead of always on the back end,” Councilwoman Pam Bolte said.

The council was surprised by the addition of the battery energy storage system added by AES after it purchased the Crossvine Solar project from Lightsource bp. The project did not include the energy storage system included in the plans presented to the city or county when they applied for permitting.

“Other people are on the front end of it. They are way on the front end of it, and we need to catch up,” Councilman Jeff Bounds responded.

Councilman Steve McPherron advocated for a more stringent stance on construction in light of its impact on local infrastructure, such as roads.

“I think it has been wildly overlooked,” he said.

Resident Dave Duncan suggested the city could add specific language about data centers and battery energy storage systems to the UDO without requiring technical expertise for the basic definitions.

“By not specifying data centers and AI centers in that same verbiage, you’re leaving the door open,” Duncan said. “You don’t need technical expertise to add that to the UDO. You need the technical expertise when they approach you to do it and then review it.”

The attorney agreed that initiating UDO amendments would require defining what constitutes a data center and a battery energy storage system, then determining whether to designate them as special-use exceptions or to develop specific standards with consultant assistance.

Duncan offered to share research from other jurisdictions, noting that among Indiana’s 92 counties, only six lack zoning ordinances, and many are addressing similar development pressures.

“This is becoming a big thing around the country,” he said. “I’ve got research on proposed ordinances. I’m just here to help.”

Council members showed interest in reviewing examples from other communities to inform their approach.

“There is an appetite for it,” Bounds confirmed regarding updating development regulations. “We want to be on the front side of it, but we need to know our boundaries and our limits.”