Special exemption for wind turbines in Fayette eliminated
Fayette County commissioners on Thursday approved an amendment to the county zoning ordinance that eliminates the need for a special exception for wind turbines.
Commissioners voted 2-1 in favor of the amendment, with Angela Zimmerlink dissenting.
Prior to yesterday’s action, a special exception and approval by the zoning hearing board were required to erect wind turbines on land zoned for agricultural and industrial use.
With passage of the amendment, wind turbines are now a permitted use in those areas, eliminating the need for the special exception.
Iberdrola Renewables sought the amendment after its request for a special exception for a wind power project was denied by the zoning hearing board. A judge later overturned the board’s decision, finding that the board had “abused its discretion and committed errors of law” when it issued the denial.
The amendment will have no immediate bearing on Iberdrola’s current project because the zoning hearing board is set to vote June 29 in accordance with the judge’s order. The board has said it will use the version of the zoning ordinance that was in effect when Iberdrola initially applied for the special exception.
Zimmerlink said she wanted to keep the special-exception requirement in place because it gives residents an opportunity to voice their concerns over such projects prior to approval. She suggested commissioners wait until after standards for wind turbines become more clearly defined before they enacted the amendment.
Vincent Zapotosky, commissioner chairman, noted other endeavors that do not require special permits in the same zones include deep mining.
Commissioner Vincent Vicites said the ordinance includes measures to protect residents, including property-line setbacks and limits on noise levels.
By Liz Zemba
26 June 2009
Tags: Wind power, Wind energy
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