The matter before the Planning Commission and Board of Supervisors for discussion at a public hearing on 21 October 2004 is an application from Highland New Wind Development for an amendment to the Highland County Zoning Ordinance Section 701.01-3 along with alternative language drafted by Highland County.
701.01 Conditional Height Regulation:
701.01-3 Church spires, belfries, cupolas, monuments, water towers, silo barns, towers, chimneys, flues, flag poles, television and radio antennas are exempt except for those structures exceeding two hundred (200) feet in height where written approval from the Federal Aviation Administration is necessary. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest.
Highland New Wind Development proposed amendment to Section 701.01-3:
Modify Section 701.1-3 to create an additional exception from the general height limits for “wind turbines constructed as part of commercial wind projects for which required County approval and Federal Aviation Administration approvals have been obtained.”
Alternative language to amend Section 701.01-3:
Change Section 701.01-3 to read as follows:
701.01-3 Church spires, belfries, cupolas, monuments, water towers, silo barns, towers, chimneys, flues, flag poles, television and radio antennas are exempt up to 200 feet. Wind turbines and other towers such as communication towers, are exempt from the height regulations up to 200 feet. Any structures over 200 feet require both written FAA approval as well as approval by either the Board of Zoning Appeals or the Board of Supervisors. If the structure is a permitted use in its district, the Board of Zoning Appeals shall hear the request for a variance from height regulations. If the structure is permitted as a conditional use in its district, then the Board of Supervisors shall hear the request for a variance from the height regulations as part of its conditional use process.