Fayette County's zoning hearing board on Monday issued a split decision on an Oregon company's request for special exceptions for 22 wind turbines, granting 14 of the requests while rejecting eight others.

The board granted height variances for all of the turbines -- each proposed tower is to be 262.5 feet tall, or 12.5 feet higher than was allowed under a county ordinance in effect at the time of Iberdrola Renewables' application.

The board then denied setback variances and special exceptions that had been requested for eight of the towers, meaning 14 of the towers have all of the required approvals for construction. The company will have to ensure those 14 comply with a number of conditions imposed by the board, including a measure that could shut them down temporarily if the blades kill too many bats.

Iberdrola, formerly known as PPM Atlantic Renewable, in 2007 applied for special exceptions for turbines to be located in Georges and Springhill townships. The zoning hearing board denied the approvals in 2008, only to have Fayette County Judge Ralph Warman in April overturn its decision at Iberdrola's request.

Warman ordered the board to approve the special exceptions along with any conditions the board felt necessary "to protect the health, safety and welfare of the community."

Board member Janet Nelson, who along with Jim Killinger and Mark Rafail voted unanimously in favor of yesterday's decision, said she still believes her initial decision to deny all of the special exceptions and variances was appropriate.

"It was a good and honest decision, made in what we believe was the best interests of all Fayette County citizens," Nelson said.

In its 21-page written opinion, the board indicated it denied the eight setback variances because Iberdrola failed to show that physical characteristics of the properties in question would prevent them from complying with the zoning ordinance. Rather, the board indicated, Iberdrola "testified that the wind turbines could be moved to comply with the setback requirements of the Fayette County Zoning Ordinance, but (Iberdrola) did not desire to move the wind turbines because of a perceived negative impact on output and, thus, profit to (Iberdrola)."

For the board to approve setback variances, the ordinance requires applicants to prove that a lot's size, shape or other physical feature prevents them from developing their property in accordance with the ordinance, according to the written decision.

Possible ice throw from the turbines' blades was cited as another reason for the denials. Because Iberdrola told them it keeps turbines at least 500 feet from roads because of the potential for ice throw, the board indicated it could not justify allowing them to build the Fayette turbines as close as, in one instance, 55 feet to a property line.

Under the version of the zoning ordinance that was in effect in 2007, the minimum setback of a wind turbine from a property line was 100 percent of the turbine's height. Although Iberdrola has obtained waivers of the minimum setback from some property owners, the board indicated such waivers don't circumvent the county's zoning laws.

Should Iberdrola proceed with the 14 approved turbines, it will be required to "tether" them daily between 7 p.m. and 7 a.m. from July 16 through Sept. 15 should studies in any one year show the turbines' blades killed at least 2,200 bats.

Regardless of the number of bats killed, Iberdrola must curtail summertime operations during periods of low wind speeds because that is when "the greatest bat mortality occurs," according to the board. In addition, Iberdrola must install devices developed by the Bat and Wind Energy Cooperative to deter bats from flying near the turbines.

Under another condition imposed by the board, Iberdrola must hire an independent sound expert to measure decibel levels at property lines within three months of the turbines' construction. It must install 12-foot chain link fences around each turbine, and it must plant fast-growing conifers in place of any forested land disturbed during construction.

No one from Iberdrola attended yesterday's hearing. Gary Verkleeren, business developer for Iberdrola, Paul Copleman, a company spokesman, and Dan Rullo, the company's attorney, did not return phone calls yesterday seeking comment.