2009-82 AMENDING ZONING ORDINANCE - WIND ENERGY SYSTEMS

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 09-88 November 11, 2009 TO: Honorable Mayor Michael T. McElro and City Council FROM: Ryan P. McCrady, City Manager Greg C. Crowe, Assistant City Managelfi Suzan M. Stickle, Senior Planner Stephanie E. Ashe, Development Planner SUBJECT: Amendments to Zoning Ordinance (Ordinance 43512) 1. SUMMARY RECOMMENDATION: Staff recommends approval of the amendments to the City of Decatur Zoning Ordinance (Ordinance#3512) as proposed. The City Plan Commission voted 7-0 to recommend approval of this petition as amended at the November 5, 2009 hearing; the minutes of the meeting are attached. 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 II. DEFINITIONS; Section XXIX.J. FEES; and 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. BACKGROUND: The intent of adding a "Wind Energy Systems" Section to the Ordinance is to help foster and allow alternative forms of energy within city limits. Currently, the Ordinance does not specifically address Wind Energy Systems, nor does it allow for accessory structures to exceed twenty (20) feet in height. The rules and regulations, as set forth in the proposed Section, are meant to help protect neighboring properties by addressing concerns for the compatibility of the project and its effect on surrounding properties and other physical conditions such as safety and aesthetics. Due to the proposed rules and regulations, the majority of Wind Energy Systems will only be installed on those properties with sufficient and ample lot space on which to construct. Given the regulations, Staff does not expect to see large, obtrusive Wind Energy Systems being erected throughout town, but instead expects to see smaller systems sporadically installed on larger lots which will easily meet or exceed the requirements set forth in this Section. Additionally, Staff is recommending that all Wind Energy Systems undergo review by the Plan Commission and approval by City Council. This will ensure that all neighboring residents will have the opportunity to comment on the installation of the system. It will also ensure that the system is properly installed and located to avoid negative effects on the property and surrounding properties. Such factors considered are height, setbacks, noise, location, multiple wind energy systems, rooftop wind energy systems, force wind standards, removal of abandoned wind energy systems, signage, tower access, color, lighting, soil studies, liability insurance, and effects on historic districts and landmarks.