(a) Property Lines. Wind turbines shall be set back from the nearest property line a distance not less than the normal setback requirements for the zoning classification or the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(b) Waiver of Setbacks.
(1) Non-participating landowners may waive the setback requirements in subsection (a) above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
(2) The written waiver shall notify the property owner(s) of the setback requirement of this chapter, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this chapter.
(3) Any such waiver shall be recorded in the Recorder of Deeds Office for the county in which the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
(4) Upon application, the City may waive the setback requirement for public road for good cause.
(Ord. 25-10. Passed 5-10-10.)