8-5B-50: WIND ENERGY CONVERSION SYSTEMS, PRIVATE:
   A.   Accessory Use: Private wind energy conversion systems accessory to an established agricultural and residential use provided that all private WECS towers shall be set back not less than 1.10 times the tower height from any public road right of way, overhead utility transmission lines, communication towers, and adjacent property lines. The affected road authority, utility, tower owner/lessee and/or affected adjacent property owner may waive the setback. Said waiver shall be in writing. However, in no instance shall any part of a private WECS, including guywires, be located within five feet (5') of any of the aforementioned items.
   B.   Capacity: Private WECS consisting of a wind turbine, a tower, and associated control or conversion electronics may have a capacity of up to five hundred (500) kilowatts and is intended to primarily reduce on-site consumption of utility power.
   C.   Tower Height: For property sizes between one-half (1/2) acre and one acre the tower height shall be no greater than eighty feet (80'). For property sizes of more than one acre there is no limitation on tower height, except as imposed by FAA regulations.
   D.   Code Compliance: Building permit applications for private WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the county's adopted building codes and certified by a licensed professional engineer shall be submitted as well as a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the adopted electrical codes. These analyses are frequently supplied by the manufacturer. Private WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
   E.   Utility Notification: No private WECS shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.
   F.   Approval: Private WECS must be approved under the small wind certification program recognized by the American Wind Energy Association. (Ord. 2009-3, 5-12-2009; amd. Ord. O2023-6, 5-9-2023)