§ 159.46 BOARD OF ADJUSTMENT; PLANNING AND ZONING COMMISSION.

   (A)   A Board of Adjustment is hereby created in accordance with the provisions of Tex. Local Gov’t. Code, § 211.008. The Board of Adjustment shall consist of five members who are residents and taxpayers of the city, each to be appointed by the City Council for two years removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. In addition, the City Council shall provide for the appointment of two alternate members of the Board who shall serve in the absence of one or more of the regular members. All cases to be heard by the Board of Adjustment shall be heard by the minimum number of four members. Alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.

   (B)   The Chairperson of the Planning and Zoning Commission, or his or her authorized representative shall be an ex-officio member of the Zoning Board of Adjustment without power of vote and as an ex-officio member of the Board shall act as Secretary of the Zoning Board of Adjustment and shall set up and maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and the person by whom the notices were delivered to the mailing clerk, post office or mail box and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the city.

   (C)   The Secretary of the Board shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the City Building Inspector of each decision, interpretation, special exception and variance granted under the provisions of this chapter.

   (D)   The Board of Adjustment shall annually select one of its members to be the Chairperson, and the Vice Chairperson to act in the absence of the Chairperson.

(2005 Code, § 12-8-1)

§ 159.47 ORGANIZATION AND DUTIES OF THE PLANNING AND ZONING COMMISSION.

   (A)   Created; composition. There is hereby created a city Planning and Zoning Commission which shall function by making plans and acting as a Zoning Commission. The Commission shall be composed of seven members to be appointed by the City Council.

   (B)   Duration of terms of office; transition procedure; filing of vacancies; reappointment. The members of the Planning and Zoning Commission shall be appointed for a term of two years on a rotating basis and removable for cause by the City Council. The terms of office shall expire on the last day of July or until their successor has been appointed. In the event that a vacancy occurs on the Planning and Zoning Commission prior to the expiration of a full term, the City Council shall appoint a new member to complete the unexpired term. Any member of the Commission may be reappointed by the City Council upon completion of a full term.

   (C)   Quorum. Any four members shall constitute a quorum for the transaction of the business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the Planning and Zoning Commission.

   (D)   Duties generally. The Planning and Zoning Commission shall, from time to time, either at its discretion or as requested by the City Council submit its reports, plans and recommendations for the orderly growth, development and welfare of the city in accordance with Tex. Local Gov’t. Code, §§ 211.001 et seq.. The Commission shall also perform other duties as may be prescribed by ordinance or state law; or as follows:

      (1)   To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this chapter, the ordinances of the City of Heath or the laws of the State of Texas, to the City Council or the City of Heath and to recommend approval or denial of zoning changes and regulations under this chapter, the ordinances of the City of Heath or the laws of the State of Texas;

      (2)   To hear, recommend or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this chapter, the ordinances of the City of Heath, or the laws of the State of Texas; and

      (3)   To exercise those duties and powers as may be now or hereafter conferred by this chapter, the ordinances of the City of Heath, or applicable laws of the State of Texas.

   (E)   Citizen of Heath. Each member of the Planning and Zoning Commission shall be a resident citizen of the City of Heath at the time of his or her appointment. A member of the Planning and Zoning Commission ceasing to reside in the city during his or her term of office shall immediately forfeit his or her office.

   (F)   Removal. Any member of the Planning and Zoning Commission may be removed from office for any cause deemed by the City Council to be sufficient for removal of the member. If a vacancy should exist in the Planning and Zoning Commission membership due to removal from office, resignation, death, refusal or inability to serve, the City Council shall appoint a new member to fill the vacancy for the unexpired term.

   (G)   Attendance. Three consecutive absences that are not excused by the Planning and Zoning Commission, or the absence of a regular member from more than 50% of the meetings in any calendar year, will automatically remove a member from the Planning and Zoning Commission.

   (H)   Officers. The Planning and Zoning Commission shall elect a Chairperson, Vice-Chairperson and Secretary at the first meeting in July for a term of one year. The Vice-Chairperson is to preside in the absence of the Chairperson. Both the Chairperson and the Vice-Chairperson shall vote on every item unless prohibited by law.

   (I)   Meetings.

      (1)   All meetings of the Planning and Zoning Commission shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be filed in the office of the Commission and shall be a public record. The City Secretary of the City of Heath shall be the custodian and possessor of the records and minutes of the Planning and Zoning Commission.

      (2)   Meetings of the Planning and Zoning Commission may be held as often as necessary to conduct the business coming before the Commission at the call of the Chairperson and at such other times as the Commission may determine.

   (J)   Rules of procedure. Whenever a public hearing is closed, it shall be proper for the Commission to take the matter under advisement and announce its decision at some subsequent meeting which is open to the public. No hearing, however, will be continued without setting a definite date when the hearing will be resumed where a matter is taken under advisement.

(2005 Code, § 12-8-2)

§ 159.48 PERFORMANCE STANDARDS.

   (A)   The following performance standards apply to all uses permitted.

   (B)   Performance standards:

      (1)   Smoke. The requirements of the Texas Air Control Board.

      (2)   Particular matter. The requirements of the Texas Air Control Board.

      (3)   Odor. No operation shall permit odors to be released which are detectable at the property line in Local Retail Districts and which offensively affect the sense of smell.

      (4)   Toxic material. The requirements of the Texas Air Control Board.

      (5)   Glare. Glare is light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility. All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zoning district boundary line.

      (6)   Vibration.

         (a)   Any local retail operation or activity which property shall cause at any time and at any point along the nearest adjacent property line, earthborne vibrations in excess of the limits set forth in Column I (below) are prohibited.

         (b)   In addition, any local retail operation or activity which shall cause at any time and at any point along a zone boundary line, earthborne vibrations in excess of the limits set forth in Column II are prohibited. Vibrations shall be expressed as resultant displacement in inches.

 

Frequency (cycles per second)	Displacement Inches I	Displacement Inches II
Below 10	.0008	.0004
10 to 20	.0005	.0002
20 to 30	.0002	.0001
30 to 40	.0002	.0001
40 and over	.0001	.0001
This tabulation is for steady state vibration; this is defined as continuous vibration in contrast to discrete pulses. Impact vibration, that is, discrete pulses which do not exceed 100 pulses per minute, shall not produce in excess of twice (two times) the displacement stipulated above.

 

      (7)   Noise. At no point either on boundary of the zone or at 125 feet from the property line of the local retail operation, whichever distance is greater, shall the sound pressure level of any operation of the facility (other than background noises produced by sources not under control of these covenants, such as the operation of motor vehicles) exceed the decibel limits in the octave bands designated below.

Octave Band Frequency (Cycles per Second)	Maximum Permitted Sound Level in Decibels Along Residence District Boundaries of 125 Feet from Plant or Operation Lot Line	Maximum Permitted Sound Level in Decibels Along Residence District Boundaries or 125 Feet from Plant or Operation Lot Line
0 to 75	67	73
75 to 150	62	68
150 to 300	58	64
300 to 600	54	60
600 to 1200	49	55
1200 to 2400	45	51
2400 to 4800	41	47
Above 4800	37	43
Sound levels shall be measured with a sound-level meter and associated octave band filter, manufactured and calibrated according to standards prescribed by the American Standards Association. Measurements shall be made using the flat or C network of the sound level meter and the fact meter movement of the octave band analyzer. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that the noises shall be capable of being accurately measured with the equipment. Noises capable of being so measured, shall be those noises which cause rapid fluctuations of the needle of the sound-level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent users.

 

      (8)   Fire hazards. The storage or utilization of solid materials or products ranging from incombustible to moderate burning is permitted in accordance with applicable city codes and ordinances. The storage or utilization of solid materials or products permitted in accordance with applicable city codes and ordinances provided the following condition is met: the materials or products shall be stored or utilized within complete enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. The storage or utilization of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with the table below (exclusive of storage of finished products in original sealed containers) and the city’s fire prevention code as interpreted by the City Fire Marshal.

Industries Engaged in Storage and Distribution of Such Maters	Prohibited Above-Ground	100,000 Gallons Underground
Materials having a flash point above 190°F	Prohibited	100,000 gallons
From and including 105°F to and including 190°F	Prohibited	40,000 gallons
Materials having a flash point below 105°F	Prohibited	20,000 gallons
Industries Engaged in Utilization of Such Materials	Prohibited Above-Ground	100,000 Gallons Underground
Materials having a flash point above 190°F	10,000 gallons	50,000 gallons
From and including 105°F to and including 190°F	1,000 gallons	20,000 gallons
Materials having a flash point below 105°F	500 gallons	10,000 gallons

 

      (9)   Water pollution. No operation or activity shall discharge or cause to be discharged, liquid or solid waste into public waters unless in conformance with the provisions of the Texas Water Quality Board.

      (10)   Liquid or solid waste. No discharge at any point will be allowed into any public sewer, private sewer disposal system, or stream or into the ground, except in accordance with standards approved by the State Health Department or standards equivalent to those approved by such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements. All discharge shall comply with all applicable city ordinances.

(2005 Code, § 12-9-1) (Ord. 220712A, passed 7-12-2022)

Statutory reference:

   Sanitation and environmental quality, see Tex. Health and Safety Code, Title 5

§ 159.49 NONCONFORMING USES.

    The general public, the City Council, and the Planning and Zoning Commission are directed to take note that nonconformities in the lot, use, and/or development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except: when necessary to preserve property rights established prior to the date these regulations become effective as to the property in question; and when necessary to promote the general welfare and to protect the character of the surrounding property. Except as hereinafter specified, any lot, use, building, structure, or yard lawfully existing at the time of the enactment of this chapter or lawfully existing at the time of annexation into the city may be continued with the provisions of this chapter for the district in which it is located.

   (A)   Nonconforming uses continued or changed. The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property.

   (B)   Conditional uses.

      (1)   Any use existing on the effective date of this chapter which is listed as a conditional use in the district where it is located shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.

      (2)   If the use is discontinued or abandoned for 180 days during any three-year period, the use shall meet the requirements of this chapter and shall obtain a use permit before it is continued.

   (C)   Alteration of nonconforming uses.

      (1)   No existing building or premises devoted to a use that is not permitted by this chapter in the district in which such building or premises is located shall be enlarged or altered in a way which increases its nonconformity, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and except as follows:

      (2)   If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification when authorized by the Board of Adjustment in accordance with the provisions of §§ 159.46 or 159.47, or to a conforming use.

      (3)   Whenever a nonconforming use has been changed to a conforming use, the use shall not thereafter be changed to a nonconforming use.

      (4)   When authorized by the Board of Adjustment in accordance with the provisions of §§ 159.46 or 159.47, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by the building, where the extension is necessary and incidental to the existing use of the building and does not exceed 25% of its area of nonconformity.

      (5)   When authorized by the Board of Adjustment in accordance with the provisions of §§ 159.46 or 159.47, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for the use prior to the date on which the use of the building became nonconforming, if no structural alterations, except those required by law, are made therein.

      (6)   The provisions of this chapter shall not apply to prevent the extension of any building existing in any district at the time of the adoption of this chapter, to the height to which the walls, foundation and frame work of the existing building originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this division (C)(6) shall have been duly commenced within two years from the date of the adoption of this chapter.

   (D)   Cessation of use of building or land. For the purposes of the succeeding divisions, a use shall be deemed to have ceased when it has been discontinued for six months during any three-year period whether with the intent to abandon the use or not.

      (1)   No building or structure which was originally designed for or used as a nonconforming use shall again be put to a nonconforming use, where the use has ceased for six months or more during any three-year period.

      (2)   The use of land, structures and/or buildings involving individual structures with a replacement cost of $1,000 or less, which does not conform to the provisions of this chapter shall be discontinued within six months from the enactment of this chapter. The nonconforming use of land and/or buildings involving individual structures with a replacement cost of $1,000 or less, which becomes nonconforming by reason of subsequent amendments to this chapter shall be discontinued within six months from the date of the amendment.

      (3)   All lots used for storage that do not require a building and the use of the lot is made nonconforming by this chapter or amendments thereto shall cease to be used for the storage within six months of the date of adoption of this chapter or amendments.

   (E)   Construction approved prior to ordinance. Nothing herein shall be construed to require any change in the overall plans, construction or designated use of any development, structure or part thereof, where official approval and the required building permits were granted before the enactment of this chapter, or any amendment thereto where construction thereof, conforming with the plans, shall have been started prior to the effective date of this chapter or the amendment, and where the construction shall have been completed in a normal manner within the subsequent 12-month period, with no interruption, except for reasons beyond the builder’s control.

   (F)   Unsafe buildings, repair of. Nothing in this chapter shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority, unless the repairs exceed 50% of the replacement cost of the building.

   (G)   Damage or destruction. Any nonconforming structure which is damaged more than 75% of its then appraised tax value above the foundation, by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If the structure is damaged less than 75% of its then appraised tax value above the foundation, it may be restored, reconstructed or used as before, provided that the restoration or reconstruction is completed within 12 months of the damaging event, the 12-month period not including any necessary litigation.

   (H)   Repairs and maintenance.

      (1)   On any nonconforming structure or portion of a structure containing a nonconforming use, no work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-loadbearing walls, fixture, wiring or plumbing to an extent exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be.

      (2)   If 50% or more of a nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

   (I)   Moving of nonconforming structure or building. No conforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district.

   (J)   Nonconforming lot sizes. Nothing in this chapter shall be construed to prohibit the use of a lot that does not meet the minimum lot area, as defined herein, width, or depth of the district it is located in, provided that the lot was previously zoned for similar type uses, that the lot was on record prior to the adoption of this chapter, and that the lot has not been rezoned to a different use since the adoption of this chapter.

(2005 Code, § 12-10-1) (Ord. 150908B, passed 9-8-2015; Ord. 181211B, passed 12-11-2018)

§ 159.50 WIND ENERGY SYSTEMS.

   (A)   Purpose. The purpose of this section is to regulate and to allow in appropriate zoning districts the safe, effective, and efficient use of small wind energy systems installed to reduce the on-site production and consumption of utility supplied electricity while respecting the individual rights of all property owners. It is in the public interest to regulate the use of small wind energy systems in appropriate zoning districts consistent with the regulations hereinafter adopted.

   (B)   Findings.

      (1)   The City of Heath recognizes that wind energy is an abundant, renewable and environmentally friendly resource, and that its conversion to electrical power reduces dependence on non-renewable energy sources and decreases air and water pollution resulting from conventional energy sources. While the city supports the use of non-polluting resources, the city understands that wind energy production and effectiveness is limited in North Texas due to inconsistent and insufficient winds which lack continuous presence and velocity.

      (2)   Therefore, wind energy systems shall be permitted on tracts of ten acres or more with a maximum tower height of 55 feet. Any proposed variance to permitted systems, including proposal of a system on tracts less than ten acres, must obtain a conditional use permit.

   (C)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      dB/A. The sound pressure level in decibels.

      DECIBEL. The unit of measure used to express the magnitude of sound pressure and sound intensity.

      SOUND PRESSURE. The average rate at which sound energy is transmitted through a unit area in a specified direction.

      SOUND PRESSURE LEVEL. The sound pressure mapped to a logarithmic scale and reported in decibels.

      SYSTEM. A wind energy conversion system that converts wind energy into electricity that has a rated capacity of not more than ten kilowatts and is intended for on-site production and consumption of electricity to serve the needs of the consumer. SYSTEM includes a freestanding tower or a single device attached to a building.

      TOWER HEIGHT. The overall height above grade of the tower including the wind turbine, and all related accessories, but excluding blades.

      TURBINE. The parts of a wind energy system including the blades, generator and tail.

      UTILITY GRID SYSTEM. A wind energy system designed and built to provide electricity to the electric utility grid.

      YARD, FRONT.   An open, unoccupied space, on a lot facing a street extending across the front of the lot between the side lot lines and from the front of the main building to the front property or street line.

   (D)   General regulations. The following general regulations must be demonstrated and apply to all wind energy systems within any district for which a permit, including a conditional use permit, is under consideration and/or granted.

      (1)   The proposed site of a wind energy system shall have sufficient access to unimpeded airflow for adequate operation of the wind energy system in accordance with the manufacturer's recommendations.

      (2)   Wind energy system generators which are electrically interconnected to the local utility grid shall comply with all relevant Public Utility Commission and local Transmission and Distribution Service Provider (TDSP) rules and regulations governing the interconnected generation equipment. These include completing an interconnection application and obtaining an approved interconnection agreement as required by the TDSP.

      (3)   Wind energy systems must satisfy requirements of the most recently adopted editions of the International Building Code, International Residential Code, and the National Electric Code.

      (4)   A building permit must be obtained prior to the construction or installation of a wind energy system and property must be platted in accordance with city ordinances. The contracting installer must be registered with the City of Heath and provide a certificate of liability insurance.

      (5)   The tower height (excluding blades) may not exceed 55 feet. However, variances to height may be considered as part of a conditional use permit due to the unique nature of property or other special circumstances.

      (6)   Tower blades must be located at a minimum of 20 feet above ground level.

      (7)   Only freestanding towers are allowed to be placed on the ground. No guy or other supports are allowed. Towers must not be climbable.

      (8)   No part of a system may be placed in the front yard.

      (9)   Any paint or finish other than what is recommended by the manufacturer requires a conditional use permit.

      (10)   Setback requirement is a minimum of one and one-half times the height of the tower as measured perpendicularly from any property line and all existing and proposed structures including overhead utility lines.

      (11)   A system may be allowed on a lot only after a primary structure has been constructed.

      (12)   One wind energy system is allowed per lot. (Wind farms are not permitted in any district.)

      (13)   Sound pressure levels shall not exceed 50 decibels between the hours of 7:00 a.m. and 10:00 p.m. and 35 decibels between the hours of 10:00 p.m. and 7:00 a.m., as measured from the property line closest to the system.

      (14)   All lighting not required by the Federal Aviation Administration (FAA) is prohibited. When required by the FAA, such lighting shall not exceed the minimum FAA requirements and must be fully shielded as required in Chapter 98 to avoid objections by surrounding property owners. Furthermore, the wind energy system shall comply with all state and federal law, including those of the State Public Utility Commission, Federal Aviation Administration and the Federal Communication Commission or any other state or federal agency with the authority to regulate wind energy systems.

      (15)   No advertising signs shall be allowed on any wind energy system.

      (16)   A new and separate conditional use permit is required for any addition to an existing wind energy system. This includes but is not limited to satellite receivers, radio or communications antennae.

      (17)   No part of the system shall be placed in any easement without the written approval of the easement holder.

   (E)   Rooftop wind energy systems. Rooftop systems require a conditional use permit. Rooftop systems may only be placed in the rear exterior of a building away from public view as much as possible. The system must conform to all other regulations including height restrictions. However, minimum acreage requirements do not apply to rooftop systems.

   (F)   Application requirements. The following information and supporting documentation must accompany every application for a wind energy building permit and/or conditional use application for a wind energy system or variance thereof:

      (1)   A plan view layout, submitted under the seal of a professional engineer licensed in the State of Texas, of the proposed wind energy system clearly illustrating the following: elevation drawings illustrating:

         (a)   The design and height of the proposed wind energy system.

         (b)   Detailed drawings of all system components.

         (c)   A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

         (d)   Systems are required to have a lockable disconnect switch (emergency shutdown device) located at the tower base and primary structure receiving power.

         (e)   Standard installation drawings of the wind turbine structure, including the tower base and footings. An engineering analysis of the tower in compliance with all applicable Building Codes and certified by a licensed professional engineer registered in the State of Texas shall also be submitted. This analysis is frequently supplied by the manufacturer as a manufacturer’s data sheet.

      (2)   A site plan clearly illustrating a plan layout in accordance with the requirements for a site plan as contained in the City of Heath Code of Ordinances including a survey illustrating: contours at two-foot intervals, detailed plans illustrating all components of the system, distances to property lines, required setbacks, adjacent land uses and zoning designation, existing and proposed structures on the site, existing easements, necessary consent to any encroachments, natural features, an outdoor lighting plan as required in Chapter 98, and fencing. A tree survey maybe required as deemed necessary following a review by the Department of Public Works.

      (3)   Rooftop systems may not require submission of a full site plan. Other general regulations, technical requirements, and application procedures will apply as deemed appropriate by the Building Official.

      (4)   The appropriate building permit fee as determined by the city’s fee schedule is due at the time of issuance of a building permit.

      (5)   A deposit in the amount of $1,000, in addition to the building permit fee, is due at the time of application to cover the costs of administrative review of the application by an outside source if necessary. Administrative review includes but is not limited to engineering review, field visits, and the confirmation that a checklist of items is complete prior to being permitted or scheduled for consideration for a conditional use permit. Review by the City Engineer or Building Official may result in additional fees to be determined as needed including but not limited to frequent and final inspections. The deposit or unused portion thereof will be refunded after a final inspection or after termination of the application process.

      (6)   A conditional use permit application fee of $550 is required at the time of submission of an application for conditional use in addition to the required deposit.

   (G)   Maintenance.

      (1)   A system must be properly maintained at all times. Systems that have become unstable or pose a danger of collapse must be removed or repaired in accordance with notice from the Building Official. Such repair or removal shall occur within 30 days from the date of the notice. If the removal or repair is not completed within the specified time, the city may remove the system and place a lien against the property for the costs of removal in accordance with state law.

      (2)   If, for any reason, the system is abandoned or discontinued for a continuous period of 90 days, written notice shall be given to the owner to remove the system within 30 days of the date of the notice. Notice shall also be placed on the property. If the system is not removed within 30 days, the city may remove the system and place a lien against the property for the costs of removal in accordance with state law.

      (3)   A decision of the Building Official may be appealed to the Board of Adjustment sitting as the Appeals Board for matters pertaining to the abatement of dangerous buildings pursuant to the adopted Code for the Abatement of Dangerous Buildings.

   (H)   Further subdivision may necessitate removal of wind energy system. Any permitted wind energy systems shall be removed by the lot owner of record should any subdivision of land occur which reduces a lot size to less than ten acres in size unless a conditional use permit for the existing wind energy system is granted by the Planning and Zoning Commission and City Council. All conditional use permit applications and deposit fees will apply.

   (I)   Inspection required. A system must be inspected once every 36 months by a third party inspector to assure that the system is working properly and does not pose any adverse public safety issues. Inspections shall be at the expense of the lot owner of record. Third party inspectors must be registered with the City of Heath. The inspector, with the property owner’s endorsement, shall file a report with the city which shall be kept on file in accordance with City of Heath records retention policy.

   (J)   Conditional use permit.

      (1)   Any variation from regulations hereinafter adopted regarding wind energy systems will be considered by the Planning and Zoning Commission and must be finally approved by City Council. Any decision by the City Council regarding a request for a wind energy system, or variation thereof, is final.

      (2)   Compliance with technical requirements set forth in division (D) above does not guarantee or necessitate approval of a request for a conditional use permit by the Planning and Zoning Commission or City Council. Unique characteristics of wind energy systems including their movement, size and noise generation, potential for adverse impact on neighboring property owners as well as all relevant provisions of the Code of Ordinances will be considered in conjunction with a request for a conditional use permit.

      (3)   Following an administratively complete submission of an application for a conditional use permit requesting a wind energy system, notices shall be sent to all property owners of record within 200 feet of the boundaries in accordance with state law except that a courtesy notice may be sent to additional property owners within 500 feet or more of the property as deemed necessary. A public hearing on the matter shall be held prior to any action regarding a conditional use permit.

   (K)   Exception due to state or federal laws. Exceptions to all of the above regulations are limited and subject to current and newly enacted state or federal laws.

(Ord. 101221A, passed 12-21-2010; Ord. 181211B, passed 12-11-2018; Ord. 220712A, passed 7-12-2022)