§ 88-3.602. Commercial WECS setback requirements.

(a)

Except as provided in subsection (b) of this section, a commercial WECS must be set back from each line of the exterior project boundary, and from each public right-of-way, a distance equivalent to three times the machine height or five hundred feet, whichever is greater.

(b)

A proposed commercial WECS that does not meet the minimum setback requirements of subsection (a) may be approved only if the following findings are made in addition to the findings required under section 88-3.418:

(1)

The proposed commercial WECS will not pose a significant danger to adjacent land uses due to toppling or blade-throw.

(2)

The proposed commercial WECS will not pose a significant danger to a public or private right-of-way due to toppling or blade-throw.

(3)

A reduced setback is necessary in order to avoid or reduce the severity of an environmental impact or to significantly increase the ability to utilize the kinetic energy of the wind resource.

(c)

Notwithstanding the provisions of subsections (a) and (b), a commercial WECS must be set back at least one thousand feet from all existing legal offsite residences and from all general plan-designated residential areas.

(Ord. No. 2011-04, § V, 4-5-11; Ord. 85-39 § 4).