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<br />MAKING IT HAPPEN: <br />PRACTICES AN 0 A <br /> <br />BEST <br />MODEL ORDINANCE <br /> <br />Permitted use? Accessory use? Or conditional use? <br /> <br /> <br />Anticipating, acknowledging, and <br />understanding small wind turbines not <br />only reduces administrative burdens for <br />zoning boards, but it lowers permitting <br />time and .costs to the point where it <br />makes the project within the realm of <br />financial reason for the owner. <br />Streamlining the permitting process is <br />often best achieved by listing small wind <br />turbines as a conditional or accessory use. <br /> <br />.EntegrityWind Systems <br />50kW turbine <br /> <br />A Permitted Use permit all~ws a <br />. . small wind system by default, provided <br />it meets applicable design standards, <br />and is applied commonly to flag poles, <br />church steeples, and grain silos. A <br />permitted use indicates that a <br />justification has been established for <br />the structure's standing eligibility. As <br />such, no public hearings are required <br />and a permit can be obtained quickly. <br />Permitted uses are frequently found <br />in rural areas where potential impacts <br />are minimal. <br /> <br />A Special/Conditional Use permit <br />allows an installation under certain <br />conditions identified in the statute. <br />This option usually requires a more <br />detailed description of the project from <br />the applicant and often involves a public <br />hearing. A hearing can disadvantage <br />both the zoning board and potential <br />owner, however, since each application <br />must be decided on a case-by-case <br />basis and educational efforts must begin <br />from scratch. Many documented <br />experiences show that this process can <br />cost potential small-turbine owners <br />thousands of dollars and take hundreds <br />of hours to accomplish, if at all. <br /> <br />A Site Plan Review allows an installation <br />after a physical inspection .of the proposed <br />project site and surroundings. This <br />option is usually accompanied by a <br />special/conditional use permit. <br /> <br />An Accessory Use of land is one that <br />is subordinate, incidental to, and <br />customarily found in connection with <br />the principal use allowed on a lot by <br />the zoning law. A garage, for. example, <br />is incidental to the principal use of a lot <br />as a single-family residence and. <br />customarily found on a single-family lot. <br />For small wind, this normally appears in <br />agricultural, commercial, or ilJdustrial <br />settings where energy produced by a <br />turbineIs instrumental in accomplishing <br />a main function of the property's use. <br />Importantly, allowing small wind as an <br />accessory use avoids the need for <br />special use permits for future applications. <br /> <br />A Variance is a modification or waiver <br />of certain zoning -requirements for a <br />permitted use structure. For a small <br />wind turbine, this usually means making" <br />an exception for setback distances or <br />height limits. Variances are issued when <br />prevailing regulations cause an . <br />unreasonable "burden" on the property <br />owner and usually require public <br />hearings, making a variance for a small <br />wind turbine very difficult to obtain. . <br /> <br />An Overlay Zone supersedes prevailing <br />zoning rules in certain geographies. A <br />jurisdiction may establish an overlay <br />zone to indicate that a certain area is <br />appropriate for small wind turbines or <br />other renewable energy technologies. <br />This expedites the permitting process, but <br />planners must be careful that this strategy . <br />does not overly limit areas outside of zone. <br /> <br />