§ 158.15 SETBACK REQUIREMENTS.
   (A)   Minimum setback distances for commercial WECS.
      (1)   The minimum setback distances for commercial WECS are as follows.
Distance From
Minimum Setback Distance
Distance From
Minimum Setback Distance
Incorporated limits of a municipality, measured from the center of the WECS to the corporate limits
1,500 feet
Ohio River, measured from the center of the WECS to the shoreline
One-half mile
Other rights-of-way, such as railroads and utility easements, measured from the center of the WECS to the edge of the right-of-way
1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 350 feet
Property line, measured from the center of the WECS to the property line
1.1 times the total height (where the blade tip is at its highest point) for non-participating landowners. The setback requirement may be waived, in writing, by participating landowners
Public conservation lands, measured from the center of the WECS to the nearest point of the public conservation land in question
750 feet
Residential dwellings, measured from the center of the WECS to the nearest corner of the structure
1,000 feet for nonparticipating landowners. The setback requirement may be waived, in writing, by participating landowners
Road right-of-way, measured from the center of the WECS to the edge of the right-of-way
1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less than 350 feet
Wetlands, as defined by the U.S. Army Corps of Engineers, measured from the center of the WECS to the nearest point of the wetland in question
As determined by a permit obtained from the Army Corps of Engineers
 
      (2)   The setback for residential dwellings shall be reciprocal, in that no residential dwelling shall be constructed within 1,000 feet of a commercial WECS.
      (3)   The setback shall be measured from future rights-of-way width if a planned road improvement or expansion is known at the time of application.
   (B)   Minimum setback distances for non-commercial WECS and micro-WECS.
      (1)   The minimum setback distances for non-commercial WECS and micro-WECS are as follows.
Distance From
Minimum Setback Distance
Distance From
Minimum Setback Distance
Ohio River, measured from the center of the WECS to the shoreline
One half of a mile
Other rights-of-way, such as railroads and utility easements, measured from the center of the WECS to the edge of the right-of-way
1.1 times the total height (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
Property line, measured from the center of the WECS to the property line
1.1 times the total height (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 to the nearest point of the public conservation land in question
750 feet
Residential dwellings, measured from the center of the WECS to the nearest corner of the structure
1.1 times the total height (where the blade tip is at its highest point)
Road right-of-way, measured from the center of the WECS to the edge of the right-of-way
1.1 times the total height (where the blade tip is at its highest point), provided that the distance is no less the required yard setback prescribed for that district
Wetlands, as defined by the U.S. Army Corps of Engineers, measured from the center of the WECS to the nearest point of the wetland in question
As determined by a permit obtained from the Army Corps of Engineers
 
      (2)   The setback shall be measured from future rights-of-way width if a planned road improvement or expansion is known at the time of application.
   (C)   Minimum setback distances for meteorological towers. Minimum setback distances for meteorological towers are as follows.
 
Distance From
Minimum Setback Distance
Other rights-of-way, such as railroads and utility easements, measured from the center of the WECS to the edge of the right-of-way
1.1 times the total height, provided that the distance is no less than the required yard setback
Property line, measured from the center of the WECS to the property line
1.1 times the total height, provided that the distance is no less than the required yard setback
Residential dwellings, measured from the center of the WECS to the nearest corner of the structure
1.1 times the total height
Road right-of-way, measured from the center of the WECS to the edge of the right-of-way
1,1 times the total height, provided that the distance is no less than the required yard setback
 
(Ord. 2022-02, passed 4-5-2022)