In Kentucky’s dense cities and smallest towns, nonprofits are bridging the gap between those who grow food, those who have excess and those who need it.
A public hearing does not guarantee that the School Board will increase the occupational licenses tax. But some School Board members want to leave the option on the table.
In August 19th's Council Work Session, Council made a number of amendments to the Solar Panel ZOTA (Zoning Ordinance Text Amendment) that create new regulations for where different types of solar panel installations can be located in Fayette County. While the ZOTA was adopted as a whole unanimously, many Councilmebers voted against certain amendments that were made throughout the meeting.
The final ZOTA largely resembles what Councilmembers Liz Sheehan (5th District) and Dave Sevigny (10th District) proposed in July's General Government and Planning Committee, although with some key differences, including a prohibition on large-scale solar farms in rural Fayette County.
The Solar Panel ZOTA will receive First Reading in August 28th's Council Meeting, and will receive Second Reading and vote in September 11th's Council Meeting.
Where can certain solar panels go?
There are three types of solar panel installations regulated in the ZOTA:
Roof-mounted systems: Solar panels are built on top of a roof.
Integrated systems: Solar panels that are built into the roof, wall, or elsewhere of a building.
Ground-mounted systems: Solar panels are built on top of the ground, further divided and regulated by size:
Small-scale installations of 2,500 square feet or smaller.
Intermediate-scale installations between 2,501 square feet and 5 acres.
Large-scale installations bigger than 5 acres.
The ZOTA then determines where each of these types of solar panel installations are allowed to go in Lexington.
What are Principal, Accessory, and Conditional uses?
Lexington's Zoning Ordinance has several terms that are important to know before moving into this ZOTA.
Principal Use: A Principal Use is allowed as the "main use" of a property. In a Neighborhood Business Zone, you can open a coffee shop without any special permission to do so.
Accessory Use: An Accessory Use is an additional use for a property that must exist alongside a Principal Use. A coffee shop in the Neighborhood Business Zone can have a parking lot, but a parking lot is not allowed as a Principal Use in that zone - without a coffee shop (or some other business) in place, no parking lot is allowed.
Conditional Use: A Conditional Use is a use that must be approved by the Board of Adjustment, who grants Conditional Use Permits. If someone wants to open a micro-distillery in a Neighborhood Business Zone, they must be granted a Conditional Use Permit before opening.
What types of solar panels can you put on your home?
Most solar panel styles are allowed in residential zones in Lexington.
Integrated and roof-mount systems are allowed in all residential zones in Lexington as an Accessory Use.
Small-scale ground-mounted solar panels are allowed in residential zones as a Conditional Use.
Intermediate- and large-scale ground-mounted solar panels are not allowed in residential zones.
What types of solar panels can you put on your business?
Integrated, roof-mounted, and small- and intermediate-sized ground systems are allowed in all commercial zones in Lexington as an Accessory Use.
Large-scale ground-mounted systems are not allowed in commercial zones.
For Industrial and Economic Development zones – think warehouses and factories – have different rights than commercial zones.
Integrated and roof-mounted systems are allowed as an Accessory Use.
Small- and intermediate-scale ground solar is allowed as a Principal Use, meaning that the property could be solely used for solar panel installations.
Large-scale ground-mounted systems are allowed with a Conditional Use Permit.
What types of solar panels can you put on your farm?
How to regulate solar developments on Lexington's rural farmland has been the most contentious part of creating this ZOTA. The majority of the three-and-a-half hour Work Session was dedicated to discussing and drafting policy solely on ground-mounted installations in rural Lexington. Here's what Council adopted:
Integrated and roof-mounted systems are allowed as an Accessory Use.
Small-scale ground-mounted solar panels are allowed as an Accessory Use.
Intermediate-scale ground-mounted panels are allowed as a Conditional Use.
Large-scale ground-mounted systems are prohibited in rural Lexington.
There are further regulations required for rural ground-mounted installations.
Small-scale ground-mounted panels can cover no more than 50% of the property.
At least 85% of the ground underneath panels must be covered in vegetation of some kind.
No large-scale solar allowed, but Council still passed some rules for them. Why?
While no large-scale ground panels are allowed to be built on Lexington farmland by private developers, public utility companies like East Kentucky Power – which is building a 400-acre solar farm off Winchester Road – are not subject to local laws.
However, the Public Service Commission (PSC), a state body that regulates public utility companies, has told local governments to adopt their own solar-panel regulations. While these utilities are not subject to Lexington's planning regulations, the PSC will consider local laws when making decisions about any solar projects that are proposed in Fayette County. Council adopted some regulations solely for the PSC to consider that relate to large-scale solar installations, including:
Property owners must submit a soil report to LFUCG every five years. This soil report will give data on the soil's quality and fertility after the solar panels were installed.
No more than 1% of Fayette County's land area (~1,817 acres) can be used for large-scale solar on rural land.
What's next for the solar panel debate in Lexington?
The Solar Panel ZOTA will receive First Reading in August 28th's Council Meeting, and will receive Second Reading and a final vote of approval in September 11th's Council Meeting.
In Kentucky’s dense cities and smallest towns, nonprofits are bridging the gap between those who grow food, those who have excess and those who need it.
