(a) Occupied Buildings.
(1) Wind turbines shall be set back from the nearest occupied building, a distance equal to the collapse zone of the wind turbine plus ten (10) feet or 1.1 times its total height. 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 thirty (30) feet 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 equal to the collapse zone of the wind turbine plus ten (10) feet or 1.1 times its total height. 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 equal to the collapse zone of the wind turbine plus ten (10) feet or 1.1 times its total height. The setback distance shall be measured to the center of the wind turbine base.
(d) Waiver of Setbacks.
(1) Non-participating landowners may waive the setback requirements in subsection (a)(2) above 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 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 Village may waive the setback requirement for public road for good cause. (Ord .2250. Passed 10-11-10.)