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County reviews inactive solar special exceptions; staff says permits are void under current code
Summary
The board reviewed two previously approved minor solar special exceptions (Muskegee Solar and Shad Solar) and staff reported neither project has commenced construction; planning staff and the county attorney said the permits are void under the county zoning ordinance for failure to commence use.
Planning staff reported that Muskegee Solar LLC’s SPX‑07‑2021 approval for a 4.9 MW solar project on Balti Road has not progressed to construction since approval, that no site plan or permit activity exists, and that required periodic reviews have not been satisfied. Because the applicant did not commence the permitted use within the timeframe established by county ordinance, staff advised that the special exception is void by operation of the zoning code; the zoning administrator will issue the formal determination.
The board treated the report as the required review; staff also presented a companion file for Shad Solar and advised both projects appear void. The board accepted staff advice and agreed to rely on the zoning administrator’s written determination; staff said written notice will be provided to the applicant and that the applicant may respond or challenge the determination if it believes the ordinance was misapplied.
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