2012-46 AMENDING ZONING ORDINANCE - WIND ENERGY SYSTEMS

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` Excerpts from Plan Commission Minutes of July 5, 2012: Cal. No. 12-24 Petition of BILLY TYUS, ASSISTANT CITY MANAGER, for amendments to the City of Decatur Zoning Ordinance. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in SECTION XXXV. Wind Energy Systems. It is Staff's hope that these changes will make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment all the while keeping the charge of making Decatur a beautiful place to live, work and play. The proposed amendment to Wind Energy System involves a plan for the decommissioning and reclaiming of the wind energy system and the posting of a bond. When this section of the Zoning Ordinance was written it was not clarified that the bond and plan for decommissioning and reclaiming was for those wind energy systems that would not be covered under the housing codes. Wind energy systems for use in conjunction with residential uses, not including mixed uses will not be required to provide a decommissioning plan or post a bond with the proposed amendment. Staff recommends the following amendment: Amend SECTION XXXV.C.7 (Wind Energy Systems-Application) by adding: "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." This subsection will now read: 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. Staff recommends approval of the amendment as proposed. Section XXIX.G. of the Zoning Ordinance requires the Plan Commission to hold a public hearing and make recommendations to the City Council on amendments to the Zoning Ordinance. A motion to forward Calendar Number 12-24 to City Council with a recommendation of approval is suggested. There were no questions and no objectors present. It was moved and seconded (Livingston/Myatt) to forward Cal. No. 12-24 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.