In surprise move, zoning board upends plans for $150M York County solar panel site

A zoning appeals board in York County took the unusual step Thursday of reversing a county planning staff decision — a move that could stop a $150 million, 800-job solar panel manufacturing project in Fort Mill.

A crowd erupted in cheers at the final gavel after more than four hours of debate related to the Silfab Solar project in Fort Mill. A long line of residents asked the county Board of Zoning Appeals to reverse the planning staff decision earlier this year, which held that solar panel manufacturing should be allowed in light industrial zoning districts.

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A Silfab representative said via email Friday the company declined to comment.

This may not be the end of the project though. The company or property owner still could seek rezoning for the site to meet current regulations, appeal the zoning board decision or just move somewhere else.

What happened at the meeting

Neighbor Wally Buchanan asked county planners whether solar panel manufacturing should be allowed at the site, then appealed after being told it would. Buchanan contended that county code doesn’t list solar panel manufacturing anywhere and that it should be considered for heavy industrial areas, not light industrial.

He also offered concerns that he and the county weren’t provided lists of chemicals the company would use at the site. The property that’s been in his family since 1941 would change completely if contaminated, he said.

Online groups and a petition formed ahead of Thursday’s meeting. While the majority got what they asked for in a reversal of county staff’s prior decision, the appeals board cautioned that the decision is limited in scope.

“It only regards whether or not one particular activity can occur in a light industrial zoning,” said Chairman Jeff Blair. “It has no specific reference to any particular location, any particular project.”

Solar panel manufacturing isn’t specified as permitted in county code and the potential hazards brought up by neighbors weren’t listed as part of earlier decisions, board members said Thursday night.

It’s common, especially as new technology emerges, for certain types of businesses or land uses not to be listed in county code, Blair said. In those instances county planners have to make the best determination they can on whether they fit.

“That’s the reason why this process exists,” Blair said.

Residents were concerned about potentially toxic chemicals stored on side, air pollution from them and the adjoining site where a new elementary and middle school complex is under construction.

Silfab contends there aren’t hazardous materials produced or emitted in its manufacturing process. Prior to Thursday’s meeting, the company referred to its silfabsolarsc.com website that states “there is no hazardous waste” produced by making its products.

Silfab Solar received county and state incentives as part of a plan to open at 7149 Logistics Lane in Fort Mill, a light industrial area. The company paying a fee at a 4% tax assessment rather than the typical 10.5% for three decades is part of the deal based on the $150 million investment and creation of 800 jobs.

What happens next

The county’s decision doesn’t mean Silfab has to give up plans for a Fort Mill facility.

The company could look for another site in York County. The property owner at the multi-business Fort Mill site could request a rezoning to heavy industrial. Silfab or the property owner could submit a variance request.

And the company can appeal the decision. By state law, an appeal of the zoning board’s decision would have to begin with the state circuit court.

Any county change like a rezoning or variance would again come with opportunities for public input. Hundreds of people turned out Thursday.

State Sen. Michael Johnson, who chaired York County Council prior to that state role, emailed a letter to county staff and the zoning board Thursday asking that they listen to neighbors.

“It would be inappropriate for me to tell you how to vote tonight,” the Republican wrote. “But I urge you to listen to all of the concerns, look at the area, weigh the possible impact on the community, and make a determination that benefits all.”