The Henderson City-County Planning Commission originated a wind energy conversion systems zoning ordinance at a Wednesday evening meeting and will send the recommended document to the Henderson Fiscal Court for consideration.
The next steps for the ordinance to become law involve a bit of back and forth. After the planning commission has originated the ordinance, the next step is for the fiscal court to see the document, and if it’s agreeable to the court, send it back to the planning commission so that that body can hold statutorily-mandated public hearing on the ordinance.
After the planning commission holds the mandated public hearing on the ordinance, it will again send the ordinance and any changes that may or may not be added to the fiscal court for a final vote.
At this point, the fiscal court has a variety of options for the ordinance—to vote to approve, to hold its own public hearings, to make changes to it before a vote.
Henderson County Judge-Executive Brad Schneider has said in previous interviews that the fiscal court since he’s been judge-executive has always accepted the planning commission’s recommendation on ordinances. He said he doesn’t expect the current court would do much to the ordinance.
“I would be surprised if they request any changes,” Schneider said.
The document that was originated and recommended Wednesday evening has been in the works for months.
At the top of the list of concerns for residents who’ve battled against wind turbines coming to the county is the height limit. In the originated ordinance, the height limit is set at 200 feet from the ground to the tip of the blade at its highest point.
Brian Bishop, the executive director of the planning commission, said that height was chosen because it aligns with other regulations that are in place in Henderson County, such as a 200-feet height limit on cell towers.
The height limit, though, came under scrutiny at Wednesday’s meeting when some residents said they were concerned a wind turbine developer would be allowed to go through a variance process on the height limit, which is also a piece of the originated ordinance. Residents were concerned that a developer could conceivably locate a wind turbine taller than 200 feet by going through the variance process.
If that were attempted, the company would need to seek approval from the county’s Board of Zoning Adjustments at a public hearing. And if a meeting for a variance were held, residents who live near the site of the proposed wind turbine would be notified of the meeting and its agenda.
In the ordinance presented Wednesday, residents who live within a one-mile radius of the proposed site of a wind turbine would be notified of such a meeting. But after discussion during the meeting, the planning commission ultimately approved an amendment to the original document that calls for residents within a 5-mile radius of the site of a proposed wind turbine to be notified of the BOZA meeting if a company were to seek a variance.
Bishop said that having a variance process in place is necessary; not having a variance process in place is illegal, he said.
That brought up another point of contention—prohibition. Spottsville resident Chuck Tucker said there have been other jurisdictions in other states that have enacted prohibitions on wind turbine farms. He also addressed what he felt was a fear from the planning commission about lawsuits that could come from enacting a prohibition.
T.J. Fridy, who is the planning commission’s attorney, explained why he believes a prohibition is not the way to go.
“I know most of the people that are qualified in planning and zoning law in Kentucky,” he said. “It is absolute consensus of all the knowledgeable professionals that the way to regulate is to propose and pass reasonable regulations, not to ban.”
One of Wednesday night’s speakers was Melody Thompson, a Robards resident who has spent hundreds of hours researching and then writing a WECS ordinance—with more than 300 pages—that she submitted to the planning commission for its consideration. Though the planning commission did not vote to recommend her ordinance, she was still pleased with what has been recommended—and how the process has played out.
“I couldn’t be more thankful” of all those who played a part in the process, she said. “Even thought it’s been tense at times, I think it’s been productive.”
She said those who’ve worked on the ordinance have put in the time to make the best decision for the community now and in the future.
She also said that wind energy developers will most likely bypass Henderson County with a 200-foot height limit on wind turbines in place. She said in all the research she’s done, she’s not currently seeing any WECS proposals with turbines less than 600 feet tall anywhere in the country as the industry is moving toward taller turbines.
“I’m not seeing a single project anywhere…that are less than 600 feet,” she said.
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To originate an ordinance means that the document first came from a particular body before the process for it to become law begins. Most often, ordinances are originated by the elected government bodies—fiscal court and the Henderson City Commission—before it is sent to the planning commission for public hearings. Regarding the WECS ordinance, the fiscal court asked that the planning commission originate it.
Below in graph form are key points in the originated ordinance from the planning commission staff.
