Commonwealth of Kentucky Mason Fiscal Court Ordinance No. 14-09: An ordinance adopting findings of fact, conclusions of law and recommendations of the Mason County Joint Planning Commission pertaining to wind energy conversion systems (WECS); Amending ordinance No. 02-07 consistent with the adoption of such recommendations; Limiting large scale WECS to the rural industrial zones (I-3) and creating permit requirements, setbacks and regulations reducing the impact thereof; Permitting small scale WECS and mid-scale WECS as accessory uses; adopting dimensional restrictions for the I-3 districts; and repealing ordinance no. 14-04.
Minimum Setback Distances: The ordinance mandates a one-mile (5,280 feet) setback distance between the wind turbines and the following:
- Property lines;
- Residential dwellings, regularly occupied industrial or institutional buildings;
- Public road right-of-way measured from the center of the WECS Tower to the edge of the right-of-way;
- Other rights-of-way such as railroads and public utility easements measured from the center of the WECS Tower to the edge of the right-of-way;
- Public conservation lands;
- Rural residential Districts and Communities;
- Incorporated limits of a municipality and County boundary;
- Wetlands as defined by the U.S. Army Corps of Engineers;
- Above-ground electric transmission or distribution line.
Noise and Vibration
1. No turbine shall be located so as to create a decibel level greater than 30 dBa at the property line of the parcel in which the turbine is located and also less than 50 dB(C) at the property lines of the parcel in which the turbine is located.
2. The application shall include a pre-construction sound study that establishes the ambient sound conditions in the proposed project area and surrounding the project area with a perimeter of one mile. The sound study shall be performed by a certified independent acoustical engineer. The sound study must provide a description of the testing, sampling and process methodology used in determining the ambient measurement.