Zimmerlink questions zoning rulings

One Fayette County commissioner said that a recently overturned zoning hearing board ruling is evidence that the board doesn't always rule in line with county's zoning ordinance.

Last week, Judge Ralph C. Warman overturned the board's decision to deny PPM Atlantic Renewables, now known as Iberdrola Renewables, a special exception for an electricity-generating wind turbine project. In his ruling, Warman said that the board abused its discretion and committed errors of law when it refused.

He remanded the case to the board.

"The court's ruling solidifies my long-standing concern of factual instances where ZHB decisions deviates from the county's zoning ordinance," Commissioner Angela M. Zimmerlink said.

Zimmerlink said that this ruling is proof that zoning rules are "applied inconsistently and selectively."

"It continues to harm our county as a whole, and under the present administration, I lack the support of a second commissioner to correct deficiencies," she said.

Even if there are special exceptions imposed, Zimmerlink questioned how effective they would be.

"If the ZHB now follows the zoning ordinance and grants a special exception imposing conditions as the court states to do, the area residents best understand that it means nothing unless PPM complies. If PPM doesn't comply, then the county zoning office best step up to the plate and enforce the compliance of those conditions," Zimmerlink said.

The renewable energy company wants to have 24 windmills in Georges, Springhill and Wharton Townships. The energy generated from them would serve the annual electricity needs of 17,000 homes, according to an Iberdrola official. Iberdrola is based in Oregon.

In denying the request to put up the turbines, the board found that they would negatively impact the view and could potentially kill bats. The board also indicated that the turbines were taller than allowed under the zoning ordinance.

"While the concept of the general welfare of a community in zoning matters includes a consideration of aesthetics, aesthetics alone cannot support a determination that the health, safety and general welfare of a community would be adversely affected by the grant of a special exceptions," Warman wrote.

Commission Chairman Vincent Zapotosky said Warman's ruling validates the county's intervention in the matter on behalf of the Iberdrola.

Zapotosky and Zimmerlink voted to intervene.

Commissioner Vincent A. Vicites, who voted against that move, said he did that because he did not want to set a precedent that put the county in the middle of zoning disputes.

Nonetheless, Vicites said he was encouraged by the nature of the project.

"We do need renewable energy. We need to change our approach to being reliant on foreign oil, and renewable energy gives us that opportunity," he said. "Fayette County could become a leader in renewable energy in the nation if we step up and get this project implemented."

Neil Brown, who owns land that would be leased to Iberdrola for the project, said he was glad to see that Warman reversed the board's decision.

Brown said he chose to lease his land to Iberdrola because he believes the country should use all of its available resources to become energy-independent.

"The proposed wind energy facility would undoubtedly become a local tourist attraction and a substantial national asset," he said previously.

Although Warman sent the case back so conditions could be placed on the company, Zimmerlink said that his order may be moot in the face of a petition to alter the county's zoning ordinance.

Iberdrola successfully petitioned the county's planning commission to amend the zoning ordinance. The company requested that the ordinance be changed to permit wind turbines on any land zoned A-1. Currently, the zoning hearing board has to grant a special exception for them.

Although the planning commission recommended the amendment be approved, the commissioners will have to hold a public hearing on the change later this month. They will then vote on the proposed change at a regular meeting.

If a majority of the commissioners approve the request, Zimmerlink said that will make it easier to set up the turbines in Fayette County, "and conditions will not be part of the package."