The facility owner shall follow the requirements for a Class A special use request, as specified in the Tazewell County Zoning Code. All other requirements found herein are not required prior to a request for special use but encouraged if available, however must be submitted and approved prior to issuance of siting permit for all WECS.
(A) WECS and related substations are permitted only in the A-1, A-2, I-1 and I-2 zoning districts by special use upon approval by the Tazewell County Board.
(B) Prior to the public hearing, the facility owner must have entered into the Agricultural Impact Mitigation Agreement required by 55 ILCS 5/5-12020(c). The facility owner's compliance with the AIMA shall be a condition of the special use.
(C) A request for special use permit for a commercial wind energy facility or modification of an approved special use permit, shall be approved if the request is in compliance with the standards and conditions imposed in Public Act 102-1123 and conditions imposed under any other state and/or federal statutes and regulations in addition to those specified herein. including consideration of the substantive due process requirements of the Illinois Constitution, sometimes referred to as the LaSalle/Sinclair factors, as follows:
(1) The existing uses and zoning of nearby property;
(2) The extent to which property values are diminished by the particular zoning restrictions;
(3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals or general welfare of the public;
(4) The relative gain to the public as compared to the hardship imposed upon the individual property owner;
(5) The suitability of the subject property for the zoned purposed;
(6) The length of time the property has been vacant as zoned considered in the context of the land development in the area in the vicinity of the subject property;
(7) Whether a comprehensive zoning plan for land use and development existing, and whether the ordinance is in harmony with it; and
(8) Whether the community needs the proposed use.
(D) For special use permit applications involving multiple WECS towers, only one application is required for the overall project.
(Res. LU-23-09, passed 5-31-2023) Penalty, see § 10.99