2012-46 AMENDING ZONING ORDINANCE - WIND ENERGY SYSTEMS

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ORDINANCE NO. 2012-46 ORDINANCE AMENDING ZONING ORDINANCE -WIND ENERGY SYSTEMS- - SECTION XXXV.C.7- WHEREAS, on the 5th day of July, 2012 upon due notice, the Decatur City Plan Commission held a public hearing on the petition of Billy Tyus, Assistant City Manager, to modify and amend the Zoning Ordinance of the City of Decatur, the same being Ordinance No. 3512, as amended, by amending Section XXXV.C.7, WIND ENERGY SYSTEMS, APPLICATION thereof, so that said Section XXXV.C.7 as modified and amended shall provide as set forth below, and hereby made a part hereof. SECTION XXXV. WIND ENERGY SYSTEMS C. APPLICATION 7. A plan for decommissioning and reclaiming the wind energy system, and a bond for doing so in an amount not less than one half the cost of constructing the wind energy system is required EXCEPT when the following two (2) conditions are met: a.The Wind Energy System shall be used in conjunction with a residential use, not to include mixed use. AND b.The Wind Energy System is less than twenty(20kW) kilowatts. WHEREAS, the Decatur City Plan Commission did report its findings and did recommend that said petition be granted and that the Zoning Ordinance be so modified and amended. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: Section 1. That the report and recommendations of the Decatur City Plan Commission be, and the same are hereby, received, placed on file and approved. Section 2. That the Zoning Ordinance of the City of Decatur be, and the same is hereby, amended and modified at Section XXXV.C.7., as set forth above. 69