The requirements set forth in this chapter shall govern the setback and decommissioning of all solar merchant electric facilities located solely or partly in Clark County, Kentucky, in a manner that will promote the safety, health, and welfare of the community; prevent utility-scale solar development in the Agricultural Zone; and preserve farmland, protect historic resources, and ensure that such facilities are developed in a manner compatible with neighboring properties. Pursuant to KRS 278.718 (as amended effective June 28, 2023), this chapter shall have primacy over the provisions and requirements of KRS 278.700, 278.704, 278.706, and 278.708, and any conflict between this chapter and those statutes shall be resolved in favor of this chapter. This chapter is not subject to modification or waiver by the county through a request for deviation by the applicant or otherwise.
(Ord. 2023-04, passed 6-22-2023)