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 the zoning classification or 1.1 times the height of the turbine 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.
2. Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner’s property a distance of not less than two times the hub height 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 height of the turbine which ever is greater. The setback distance shall be measured to the center of the wind turbine base.
C. Public Roads. All wind turbines shall be set back from the nearest public road a distance not less than 50 feet from the right-of way line of the nearest public road to the center of the wind turbine base.
D. Waiver of Setbacks.
1. Non-participating landowners may waive the setback requirements in division A.2. above and division B. above by signing a waiver that sets forth the applicable setback provisions(s) and the proposed changes.
2. The written waiver shall notify the property owner(s) of the setback requirement by this chapter, described 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. Upon application, the City may waive the setback requirement for public road for good cause.
(Ord. 2011-32. Passed 3-7-11.)