Energy generating systems.

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    (a)    In this section, “energy generating system” means an energy generating system:

        (1)    for which a certificate of public convenience and necessity is required by State law; or

        (2)    (i)    for which a certificate of public convenience and necessity is not required by State law; and

            (ii)    that is not considered to be an accessory use under the zoning law of the local jurisdiction where the system is located.

    (b)    If the primary reason for a proposed amendment to change a zoning classification on a parcel of land is the existence of an energy generating system on that parcel of land or on a parcel of land that is adjacent to or in close proximity to that parcel of land, a legislative body may not grant an amendment to change the zoning classification based on a finding that there was:

        (1)    a substantial change in the character of the neighborhood where the property is located; or

        (2)    a mistake in the existing zoning classification.


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