(A) Location. Commercial, non-commercial, and micro WECS will be permitted, or not permitted, in various districts as stated in Table A in § 155.027.
(B) Height.
(1) Any non-commercial WECS towers or meteorological towers greater than 200 feet in height shall require a variance approval.
(2) For commercial WECS towers and operational support meteorological towers, the height shall not exceed 600 feet measured to the tip of the blade, if height limitations imposed by Federal Aviation Administration rules and regulations or the Department of Defense are stricter than this subchapter, those rules and regulations apply.
(3) Micro WECS towers shall be under 60 feet in height.
(C) Setback requirements.
(1) Minimum setback distances for commercial WECS towers.
Distance from a... | Minimum Setback Distance |
Distance from a... | Minimum Setback Distance |
Property line, measured from the center of the WECS tower to the property line. | 3 times the total height of the WECS tower (where the blade tip is at its highest point); provided that the distance is no less than 1,800 feet.² A WECS tower may be placed up to the property line, if a fully executed and recorded written waiver agreement is secured from the affected adjoining landowner.³ |
Residential dwellings, measured from the center of the WECS Tower to the nearest comer of the structure. | 3 times the total height of the WECS Tower, (where the blade tip is at its highest point), provided that the distance is no less than 1,800 feet. |
Public road right-of-way, measured from the center of the WECS tower to the edge of the right-of-way. | 3 times the total height of the WECS tower, (where the blade tip is at its highest point) provided the distance is no less than 1,800 feet. A WECS tower may be placed up to the public right-of-way, if a fully-executed and recorded written waiver agreement is secured from owner or whomever oversees the right-of-way. |
Other rights-of-way, such as railroads and public utility easements, measured from the center of the WECS tower to the edge of the right-of-way. | 3 times the total height of the WECS Tower (where the blade tip is at its highest point). A WECS tower may be placed up to the public right-of-way, if a fully-executed and recorded written waiver agreement is secured from owner or whomever oversees the right-of-way. |
State and federally owned public conservation lands measured from the center of the WECS tower to the nearest point of the public conservation land in question. | 3 times the total height of the WECS tower, (where the blade tip is at its highest point), provided that the distance is no less than 1,800 feet. A WECS tower may be placed up to the public right-of-way, if a fully-executed and recorded written waiver agreement is secured from the affected owners. |
Wetlands, as defined by the United States Army Corporation of Engineers, measured from the center of the WECS tower to the nearest point of the wetland in question. | As determined by a permit obtained from the Army Corps of Engineers. |
Wabash or Eel River measured from the center of the WECS tower to the shoreline. | One-half mile. |
Incorporated limits of a municipality, measured from the center of the WECS tower to the corporate limits. | One-half mile. |
Above-ground electric transmission line, measured from the center of the WECS tower. | 3 times the total height (where the blade tip is at its highest point). A WECS tower may be placed up to the public right-of-way, if a fully-executed and recorded written waiver agreement is secured from the affected owners. |
The setback for residential dwellings shall be no less than 1.5 times the total height of the WECS tower provided that the distance is no less than 1,000 feet of a COMMERCIAL WECS Tower, measured from the center of the WECS tower to the nearest corner of the structure, if on a participating property. ² The setback shall be measured from future public rights-of-way width if a planned public road improvement or expansion is known at the time of application. If future residential dwellings or buildable land splits occur near a WECS tower, they shall keep the 3 times the total height of the WECS or no less than 1,800-foot setback or a memorandum of understanding (MOU) must be signed, notarized, and recorded with the deed. |
(a) Commercial WECS power collection and transmission system.
1. WECS substation: For all substations, setbacks from property lines are waived if the affected adjoining landowners sharing the common property line are all participating landowners.
2. Poles: For all poles carrying overhead wiring connecting commercial WECS towers to a substation for connection to a utility’s electric transmission line, there are no setback requirements from property lines as long as the poles are located within a recorded easement for such purpose.
(2) (a)
Minimum setback distances for non-commercial and micro WECS towers.
Distance from a... | Minimum Setback Distance |
Distance from a... | Minimum Setback Distance |
Property line, measured from the center of the WECS tower to the property line. | 1.5 times the total height of the WECS tower (where the blade tip is at its highest point), provided that the distance is no less than the required yard setback prescribed for that district. |
Residential dwellings, measured from the center of the WECS tower to the nearest corner of the structure. | 1.5 times the total height of the WECS tower (where the blade tip is at its highest point). |
Public road right-of-way, measured from the center of the WECS tower to the edge of the right-of-way. | 1.5 times the total height of the WECS Tower (where the blade tip is at its highest point), provided that the distance is no less the required yard setback prescribed for that district.4 |
Other rights-of-way, such as railroads and public utility easements, measured from the center of the WECS tower to the edge of the right-of-way. | 1.5 times the total height of the WECS tower (where the blade tip is at its highest point), provided that the distance is no less than the required yard setback prescribed for that district. |
Public conservation lands, measured from the center of the WECS tower to the nearest point of the public conservation land in question. | 750 feet. |
Wetlands, as defined by the United States Army Corporation of Engineers, measured from the center of the WECS Tower to the nearest point of the wetland in question. | As determined by a permit obtained from the United States Army Corporation of Engineers. |
Wabash or Eel River measured from the center of the WECS tower to the shoreline. | One-half mile. |
Above-ground electric transmission lines, measured from the center of the WECS tower. | 1.5 times the total height of the WECS tower (where the blade tip is at its highest point). |
4 The setback shall be measured from future public rights-of-way width if a planned public road improvement or expansion is known at the time of application. |
(b) Horizontal extension for non-commercial and micro WECS: The furthest horizontal extension (including guy wires) shall not extend into a required setback by the zoning district or be closer than 12 feet to any primary structure, or public right-of-way easement for any above-ground telephone, electric transmission, or distribution lines.
(3) (a) Minimum setback distances for all meteorological towers.
Distance from a... | Minimum Setback Distance |
Property line, measured from the center of the meteorological tower to the property line. | 1.5 times the total height of the Meteorological Tower, provided that the distance is no less than the required yard setback. A WECS tower may be placed up to the property line, if a fully executed and recorded written waiver agreement is secured from the affected adjoining landowner. |
Residential dwellings, measured from the center of the meteorological tower to the nearest comer of the structure. | 1.5 times the total height of the meteorological tower. |
Public road right-of-way, measured from the center of the meteorological tower to the edge of the right-of-way. | 1.5 times the total height of the meteorological tower, provided that the distance is no less than the required yard setback.5 |
Other rights-of-way, such as railroads and public utility easements, measured from the center of the meteorological tower to the edge of the right-of-way. | 1.5 times the total height of the meteorological tower, provided that the distance is no less than the required yard setback. |
5 The setback shall be measured from future public rights-of-way width if a planned public road improvement or expansion is known at the time of application. |
(b) Horizontal extension for all meteorological towers: The furthest horizontal extension (including guy wires) shall not extend into a required setback by the zoning district or be closer than 12 feet to any primary structure, or public right-of-way easement for any above-ground telephone, electric transmission, or distribution lines.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019; Ord. 2021-05, passed 6-21-2021)