2009-82 AMENDING ZONING ORDINANCE - WIND ENERGY SYSTEMS

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Page 2 of 7 City of Decatur Zoning Ordinance November 5, 2009 incidental and subordinate to a permitted use on the same lot. WES are permitted only for electrical power to be used exclusively onsite, except when a lot on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for onsite use may be used by the utility company in accordance with all applicable regulations." And, "WIND ENGERGY SYSTEM, EXTENDED HEIGHT: A distance equal to the height of the tower, plus the length of one (1) blade." Amend SECTION XXIX.J. (Fees) by adding: "6. Wind System Permits. Fees accompanying an application for a Wind System permit shall be the same as those in subparagraph 1 ("Rezoning from residential to more intensive use") above." Amend SECTION XXXV. (Reserved) by adding: "WIND ENERGY SYSTEMS"and, "A. GENERALLY A Wind Energy System may be installed as an accessory structure according to an approved plan as provided below in order to accomplish its purposes to appropriately and efficiently provide energy within any zoning district. All Wind Energy Systems, unless otherwise specified by ordinance, shall conform to the requirements of this Section. Wind Energy Systems not meeting the requirements mentioned herein shall not be permitted. Except as otherwise provided herein, it shall be unlawful to erect, construct, reconstruct, enlarge, or structurally modify a Wind Energy System without first obtaining a Wind Energy System Permit from City Council. All Wind Energy Systems shall conform to all applicable rules and regulations including but not limited to the Federal Aviation Administration and the National Electrical Code. B. SITE REQUIREMENTS 1. Lot Size. a. No minimum lot size required for wind systems. 2. Tower Height. The tower shall be measured from the ground to the top of the tower, excluding the wind turbine generator and blades. a. Maximum allowable tower height for any Single and Two-Family uses within the R-1, R-2, R-3, R-5, R-6 and PMR Districts shall not exceed a height of one hundred (100) feet. b. Maximum allowable tower height for any Multi-Family and Non-Residential uses within the R-1, R-2, R-3, R-5, R-6 and PMR Districts, shall be based on site specifications and the ability to meet all requirements set forth in this Section. c. Maximum allowable tower height for uses in all other districts shall be based on site specifications and the ability to meet all requirements set forth in this Section.