8-9-16-5: REQUIREMENTS FOR WIND MONITORING TOWERS AND EQUIPMENT ("MET TOWERS"):
   A.   Permissible Locations: A wind monitoring tower may be located as described in section 8-6-1, "Table Of Uses", of this title; provided, a wind monitoring tower may be permitted in the A-2.5, and R-1 Zoning Districts only when it is for the purpose of investigating the feasibility of a small wind energy system, and when the monitoring tower complies with the height and setback requirements for small wind energy systems, as identified in subsection 8-9-16-3C2 and C4 of this chapter. On lands being considered for a commercial wind energy system, a wind monitoring tower located on property zoned A-10, A-5, Commercial or Industrial, for three (3) years or less, is deemed a permitted use, subject to compliance with subsections B1 through B6 of this section, provided that no road improvements are necessary, the tower is three hundred twenty eight feet (328') or less in height and FAA compliance is demonstrated. If road improvements are necessary, or the tower exceeds three hundred twenty eight feet (328') in height, or more than three (3) years of monitoring is desired, a conditional use permit is required.
   B.   Permit Application: A wind monitoring tower and associated equipment may be permitted subject to the following:
      1.   Owner Consent: Evidence that the applicant is the owner of the property, or has written permission of the owner(s) to make such application.
      2.   Use Duration: Typically permitted for a maximum of two (2) to five (5) years, as specified in the permit, and as determined by evidence given at the time of application regarding known wind source data.
      3.   Height: The allowable height of a monitoring tower not otherwise limited by subsection A of this section will be established through the conditional use permit review.
      4.   Setbacks: The setbacks for a met tower from the exterior property lines of the project, from State highways or public road rights-of-way, from above-ground communication or electrical lines, and from tanks containing combustible/flammable liquids shall be at least 1.1 times its total height.
      5.   Tower Security: Any climbing apparatus must be located at least twelve feet (12') above the ground and the tower must be designed to prevent climbing within the first twelve feet (12'); or, the tower must be protected by an eight foot (8') tall security fence. The tower is recommended to be enclosed with an appropriate fence when there is OHV or livestock use in the area.
      6.   Other: As determined by County staff and/or Planning Commission, other significant health, safety and general welfare issues may need to be addressed. (Ord. 18-365, 6-11-2018)