2009-82 AMENDING ZONING ORDINANCE - WIND ENERGY SYSTEMS

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Page 6 of 7 City of Decatur Zoning Ordinance November 5, 2009 on hold, in which case the TRC will advise the applicant as to the contents which will be required before approval can be recommended. Applications placed on hold will be rescheduled to the next meeting of the TRC unless the applicant requests more time. 2. Plan Commission Review. After the Wind System Permit application and site plan have been filed, said application, site plan, and draft conditions of approval will be considered by the Plan Commission at a public hearing. The Plan Commission will review the application, site plan, and draft conditions of approval and will make findings concerning the consistency of the application with the comprehensive plan, and with the zoning ordinance and other land development regulations if appropriate; and, based upon these findings, will recommend to the City Council that the project be approved, approved with conditions, or denied. 3. Council Action. City Council will review the recommended findings of the Plan Commission along with the application, site plan, and draft conditions of approval, and the project may be approved, approved with conditions, or denied. The City Council may by ordinance grant a Wind Energy System Permit. The Council may impose appropriate conditions and safeguards to conserve and protect property values. E. CONSTRUCTION 1. All construction shall be in conformance with the final Wind Energy System site plan as approved by the City Council. F. DELAY IN CONSTRUCTION In the event that construction of the project has not begun within two (2) years of the date of approval by City Council, the approved site plan becomes null and void and a new site plan must be submitted for full review and approval. G. AMENDMENTS TO COMPLETED PROJECTS All changes must be approved via the same process as required for new construction. H. VIOLATIONS It shall be a violation of this Section for any owner or occupant constructing a Wind Energy System to fail or refuse to comply with the provisions of this Section. Violations shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) per day, with each day or part of a day a violation is found to exist constituting a separate offense. In addition to any other remedies provided under this Section, the City of Decatur shall be entitled to recover all costs and expenses related to the dismantling and removal of any inoperable wind energy system from the owner or occupant constructing the same, and shall be entitled to record a lien against the property for said costs and expenses." Amend SECTION XXXV. (Reserved) by deleting: "Reserved"