ORDINANCE NO. 2023-01 AN ORDINANCE OF SALINE COUNTY, NEBRASKA, TO AMEND THE NOISE RESTRICTIONS IN SECTION 619(E)(1)(e)(4) OF THE SALINE COUNTY ZONING REGULATIONS FROM A LIMIT OF 40 DECIBELS TO A LIMIT OF 50 DECIBELS AS IT RELATES TO UTILITY GRID WIND ENERGY CONVERSION SYSTEMS; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR PUBLICATION; AND TO PROVIDE FOR AN EFFECTIVE DATE WHEREAS on December 2, 2022, the Board of Commissioners (BOC) voted 3-1 to initiate an amendment to Section 619(E)(1)(e)(4) of the Zoning Regulations from a limit of 40 decibels to a limit of 50 decibels for any 10-minute period as it relates to utility grid wind energy conversion systems (“Proposed Change”) and referred the Proposed Change by petition to the Planning & Zoning Board (PZB) for a recommendation; WHEREAS on December 20, 2022, after publication of agenda and notice of meeting, the Proposed Change was before the PZB for discussion/action, at which time the PZB voted 7-0 to table the item; WHEREAS on January 17, 2023, after publication of agenda and notice of meeting, the Proposed Change was before the PZB for further consideration, at which time no action was taken, and the Chairman set the matter for public hearing on February 21, 2023; WHEREAS on February 21, 2023, after publication of agenda and notice of meeting/public hearing, the Proposed Change was before the PZB for public hearing, at which time public comments were heard, and after closing the public hearing, the PZB upon motion and second voted to table the Proposed Change until completion of a sound study; WHEREAS on February 28, 2023, after publication of agenda and notice of meeting/hearing, the Proposed Change was before the BOC for public hearing, at which time public comments were heard, and after closing the public hearing, the BOC voted 5-0 to table the item for further review by the PZB; WHEREAS on March 21, 2023, after publication of agenda and notice of meeting, the topic of zoning regulation changes generally was before the PZB for consideration, at which time no action was taken; WHEREAS on March 28, 2023, after publication of agenda and notice of meeting, the BOC voted 3-1-1 to deny funding for the sound study; WHEREAS on April 18, 2023, after publication of agenda and notice of meeting, the Proposed Change was before the PZB for further action, at which time a motion was made to recommend approval but died for lack of a second, with no further action taken; WHEREAS Chapter 2, Article IV, Section 5(C) of the PZB Bylaws provides that in the event a petition is considered by the PZB for three (3) consecutive meetings without achieving a minimum of five (5) concurring votes on a motion to act, such petition shall be returned to the BOC for further action without a recommendation from the PZB; WHEREAS the BOC finds the PZB has had sufficient opportunity to review and consider the Proposed Change and, to date, has not provided a recommendation to approve or disapprove it, THEREFORE BE IT ORDAINED BY THE COUNTY BOARD OF SALINE COUNTY, NEBRASKA: Section 1. The noise restrictions in Section 619(E)(1)(e)(4) of the Saline County Zoning Regulations as it relates to utility grid wind energy conversion systems are hereby amended as follows: 4) NOISE: Any wind turbine shall not exceed 40 50 decibels for any 10 minute average measured at any dwelling using the “A” scale for a continuous 10 minute LEQ (Level Equivalent) over a 24 hour period. Section 2. All conflicting ordinances are hereby repealed. Section 3. This Ordinance shall be published in a newspaper of general circulation within Saline County, Nebraska within fifteen (15) days of passage. It shall be effective upon its passage, approval, and publication as required by law. MOTION: Kohout SECOND: Krivohlavek AYES: Phil Hardenburger, Stephanie Krivohlavek, Marvin Kohout NAYS: Janet Henning, Russ Karpisek Dated this 9th day of May 2023. COMMISSIONERS: Phil Hardenburger Stephanie Krivohlavek Russ Karpisek Marvin A. Kohout Janet J. Henning ATTEST: Anita K. Bartels Saline County Clerk CR/FS/WR — June 21, 2023 ZNEZ
