§ 157.09  SETBACK REQUIREMENTS.
   (A)   All WECS towers shall be set back at least 3,500 feet from any primary structure on a parcel of real property which is participating in a WECS project by leasing, contracting, owning, selling, or allowing any portion of said real property to be used for the placement of WECS. The distance for the participating landowner setback shall be measured from the point of the primary structure foundation closest to the WECS tower to the center of the WECS tower foundation. A participating landowner may waive this requirement subject to city approval of a variance but in no case shall the turbine be closer than 1.1 times the turbine height from any primary structure. All WECS shall be set back from a primary structure on nonparticipating lands by at least 5,000 feet.
   (B)   All WECS shall be set back at least 3,500 feet from school property lines.
   (C)   All WECS towers shall be set back a distance of at least 3,500 feet from public roads, third party transmission lines, and communication towers.
   (D)   All WECS towers shall be set back a distance of at least 3,500 feet from adjacent property lines. This requirement can be waived by a landowner subject to an approved variance application with the city but in no event can a turbine be closer to a property line than 1.1 times turbine height.
   (E)   All WECS towers shall be set back a distance of at least 3,500 feet from the property line of any public conservation lands, and a distance of at least 3,500 feet from any river bluff located on public or private property.
   (F)   The applicant will need to obtain a variance from the city upon waiver by a property owner of any of the above setback requirements, which variance request may or may not be approved by the city. Any waiver of any of the above setback requirements shall run with the land and be recorded as part of the chain of title in the deed of the subject property.
(Ord. 2021-MC03, passed 2-8-2021)