§ 4-211

(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.