Articles filed under Zoning/Planning from Indiana

Tipton board prepares wind ordinance modifications

The Tipton County Commissioners tabled the vote in early November on a measure that would modify the county’s rules for wind farm developments ...The Tipton County Plan Commission recommended approval of the changes on Oct. 17. Among the modifications are increased setback requirements and changes concerning noise, lighting and shadow flicker.
3 Dec 2013

Tipton County maintains company missed deadline; juwi Wind filed lawsuit against BZA

The BZA on March 20 approved a conditional use permit for Prairie Breeze and set a condition of a 1,500 foot setback from property lines and required the creation of a property value guarantee. ...It is alleged in the complaint that the BZA exceeded its authority on placing conditions on the wind farm development in the granting of a conditional use permit, outside the parameters of the county’s wind ordinance.
2 Nov 2013

Tipton commission approves wind ordinance; Compromise positions prevail in long-running debate over wind farms

The new ordinance sets the following: setbacks will be 1,500 feet from a property line and 2,640 feet from a residential dwelling; shields will be placed on turbine lighting; shadow flicker is limited to 30 minutes per day and 30 hours per year; and noise levels are limited to 5 decibels above the ambient level. It also address how wind farms will be approved in the future.
18 Oct 2013

BZA has until Monday to file wind farm response; Hamilton Co. judge named to hear case.

Juwi Wind filed a civil suit seeking a judicial review of the BZA’s decision to issue a permit with conditions outside the county’s established wind ordinance. The BZA imposed a 1,500-foot setback from property lines for the placement of wind turbines and required creation of a property value guarantee plan. The complaint alleges the BZA exceeded its authority in placing the conditions on the wind farm development.
12 Oct 2013

Counselor: No Open Door violation; Tipton BZA did break rules about agenda, opinion says.

In a response to the Public Access Counselor, [BZA President Jerry] Acres said the vote taken did not require a public hearing because it merely attempted to clarify an upcoming meeting and set the ground rules. A civil action is pending, filed by juwi Wind against the BZA and Acres, seeking judicial review of the actions at the July 31 meeting. The suit alleges the actions violated Indiana’s Open Door Law.
10 Oct 2013

Plan commission revisits wind turbine controversy -- of a sort

Those who thought they'd heard the last of the words "controversy" and "wind turbine" in the same sentence in Culver, Indiana, may have been surprised at what they heard at last Tuesday's Culver plan commission meeting. To be fair, however, the discussion was congenial and exploratory on all sides, and the issue at hand was not the hotly debated commercial wind turbines banned earlier this year throughout the entire county, but personal Wind Energy Conversion Systems (or WECS). Specifically, the commission debated how -- or if -- to regulate the use of such devices within the corporate limits of Culver and within the wider zoning boundary under the commission's purview.
27 Sep 2013

Tipton debating wind farm approval

The Tipton County Plan Commission is struggling to decide how to site future wind energy developments in the county. The options have been narrowed down: use the existing mechanism, which involves the Board of Zoning Appeals, create overlay districts where wind farms are permitted or rezone property from agricultural to industrial to designate areas where turbines may be built.
23 Sep 2013

Group presents wind farm revision; Tipton committee struggles with setbacks, value guarantees

How far is far enough? As Tipton County attempts to revise its wind ordinance, it is looking to an ad hoc committee to help decide what would be an acceptable setback for a wind turbine. The committee, made up of opponents and proponents of wind energy, presented its recommendations to the Tipton County Plan Commission Thursday, including proposals for noise, shadow flicker and lighting on turbines.
18 Aug 2013

Sharpsville considers wind farm zoning buffer

Wind farm opponents want the town of Sharpsville in northwestern Tipton County to create a 2-mile zoning buffer around the city limits. Supporters of the Tipton County Citizens for Responsible Development approached the Sharpsville Town Council with the proposal. Sharpsville currently has no jurisdiction on zoning matters beyond the town boundary.
15 Aug 2013

County mulls wind ordinance changes; Howard County commissioner says 'Everything is on the table'

Moore said the recommendation will consider setbacks to neighboring properties for the placement of turbines, noise levels and permitted uses. In Howard County, wind farms are allowed in most areas with the only requirement being approval of location improvement permits for each turbine. "Everything is on the table," Moore said. "We are taking into consideration the comments from opponents, leaseholders and working with E.ON."
3 Jul 2013
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