Review of zoning regulations for projects set for May 11

Jay County Commissioners are scheduled to vote on May 11 on a series of significant zoning ordinance updates following recommendations from the Jay County Plan Commission. The proposed legislation, developed over months with Jay/Portland Building and Planning, aims to establish new operating standards for commercial battery storage facilities and data centers, while also revising existing regulations for solar and wind farms. For data centers, the new ordinance would mandate 1,000-foot setbacks from property lines and 2,500 feet from residential areas, churches, schools, and businesses. It also specifies a maximum height of 35 feet, requires water-based cooling systems to be closed-loop, and sets limits on generator usage noise. Developers would pay a permit fee of 6 cents per cubic foot of the structure and need a special exception use from the Jay County Board of Zoning Appeals. The updates also address battery storage facilities, proposing 500-foot setbacks and a $2,500 per megawatt permit fee, along with requirements for security fences and various safety plans. Solar and wind farm ordinances would see increased permit and application fees, as well as revised setback rules, though these may be waived by adjoining landowners. Commissioner Chad Aker, a member of the Plan Commission, emphasized the fairness of the proposed changes to both incoming organizations and the public, noting the data center and battery storage legislation represents new regulatory territory for the county. The current one-year moratoriums on battery storage and new solar farm development expire on April 28, with a wind farm moratorium expiring July 21. The Plan Commission recommended repealing these moratoriums if the corresponding new ordinances are approved. County Attorney Wes Schemenaur indicated that written objections to the ordinances can be filed and will be heard at the May 11 meeting before the commissioners vote.