Litigation precedent: Communities that have pursued outright prohibition (e.g., voter-enacted bans) have faced sustained legal challenge and years of contested proceedings. Takings & due process exposure: A total, permanent prohibition on a lawful use is far more vulnerable to a regulatory-taking or substantive due process claim than a use-specific, standards-based ordinance. Loss of negotiating leverage: A ban forecloses the City's ability to negotiate siting, size limits, buffers, and community benefits — tools a standards-based ordinance preserves.

Takings & due process exposure: A total, permanent prohibition on a lawful use is far more vulnerable to a regulatory-taking or substantive due process claim than a use-specific, standards-based ordinance.

Loss of negotiating leverage: A ban forecloses the City's ability to negotiate siting, size limits, buffers, and community benefits — tools a standards-based ordinance preserves.

State preemption trend: Several states have moved to limit local authority over data center siting; an aggressive ban invites the kind of conflict that accelerates preemption efforts. Iowa has not preempted local action to date but HAS adopted specific incentives for data centers based on sizing. See Iowa Code and Iowa Dept of Revenue info in supplemental research info.

Recommendation: Rather than an outright ban, staff recommends a thoughtful, standards-based ordinance that gives the City real control over siting, size, utilities, and community impact among other items.