Festus residents seek ballot vote on proposed data center as city cites limits under state law

A local petition effort collides with zoning law and an ongoing development negotiation

Festus, a Jefferson County community in the St. Louis region, is facing a sustained dispute over a proposed large-scale data center and whether residents can force the question to a public vote.

In early February, opponents submitted a petition with more than 1,400 signatures urging the City Council to call a special election on a ballot measure that would prohibit “hyperscale” data centers within city limits, require voter approval for any future project of that type, and lock the policy in place for 10 years. Supporters of a vote have argued the proposal would permanently change the city’s landscape and should not proceed without direct public consent.

City’s position: zoning changes cannot be enacted by ballot in Festus

City officials have responded that the requested ballot approach is not available under Missouri law for the type of action being sought. The city attorney’s position is that zoning regulations must be adopted, amended, or repealed through a process that includes Planning and Zoning Commission review, public notice, and a City Council ordinance after a public hearing, rather than through a ballot proposition.

That legal conclusion has not ended the push for a public vote, but it has shifted the dispute to what avenues remain for residents who want binding, voter-driven limits on future data center development.

What is known about the project and where it stands

The proposed project involves property north of Highway 67 and west of County Road CC. The site was previously brought into city limits through annexation, and the city later advanced zoning actions that could allow a data center in an industrial district.

By late February, city leadership publicly confirmed that the developer had indicated readiness to negotiate the terms of a development agreement. The city moved to retain an outside consulting firm to assist with negotiations and to shape a tentative agreement intended to be presented to the City Council and made available for public review before any final vote.

Existing local rules governing data centers

Festus adopted data-center-specific zoning provisions in 2025. Those regulations define “data center” broadly to include facilities used for data processing or storage and explicitly include uses such as cloud computing, artificial intelligence training or processing, and crypto-related processing. The ordinance also includes procedural requirements intended to structure public notification ahead of construction.

• Prior to construction, applicants must notify property owners within 1,000 feet by certified mail.
• The operator must hold at least one informational neighborhood meeting for residents within 1,000 feet.
• Signage requirements apply, including additional posting for projects exceeding 100 acres.

What to watch next

The next key milestones are the completion of negotiations on any tentative development agreement, the timing and scope of public review before a City Council vote, and whether opponents pursue further legal or political strategies to secure a binding vote or to influence project terms through the city’s existing zoning and permitting pathways.

Residents demanding a ballot vote are seeking a direct veto mechanism; the city is proceeding under a process centered on zoning law, negotiated conditions, and required neighborhood notification.