(a) Occupied Buildings.
(1) Wind turbines shall be set back from the nearest occupied building, a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height plus blade diameter, whichever is greater. The setback distance shall be measured from the center of the wind turbines base to the nearest point on the foundation of the occupied building.
(2) Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than 1.1 times the turbine height plus blade diameter, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(b) Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height plus blade diameter, whichever is greater. The setback distance shall be measured to the center of the wind turbine base to the nearest property line.
(c) Public Roads. All wind turbines shall be set back from the nearest public road a distance not less than 1.1 times the turbine height plus blade diameter, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
No wind turbines or wind energy facility shall be erected in the front yard or side yards of any parcel or within 20 feet of any lot line.
(d) Waiver of Setbacks.
(1) Non-participating landowners may waive the setback requirements in subsection (a)(2) and subsection (b) above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
(2) The written waiver shall be in a form approved by the Village's Law Director and shall notify the property owner(s) of the setback requirement by this chapter, describe how the proposed wind energy facility or wind turbine is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this chapter.
(3) Any such waiver shall be recorded in the Recorder of Deeds Office for the County where the property is located at applicant's sole cost. The waiver, in a form approved by the Law Director, shall describe the properties benefitted 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 Village may waive the setback requirement for public roads for good cause.
(Ord. 48-2010. Passed 7-6-10.)