A request to amend the Cherry County, Nebraska, zoning regulations was filed July 19, 2018 to revise the designation associated with wind turbines. The request was to change the regulations so wind turbines are an industrial feature, rather than the currently classification as “commercial/utility”. An additional request was to have industrial wind turbines specifically indicated as an industrial use as referenced by section 303 of the county regulations.
The request was filed by Cherry County landowner William R. Weller – whose property adjoins many parcels owned by a land-owner who has signed an agreement to allow wind turbine placement on their property. Mr. Weller also paid the $50 filing fee early in the morning on July 19 at the county offices. A two-page attachment was included in the filing, indicating where changes in the regulatory text were being requested, mostly associated with section 613 of the zoning regulations.
When the was submitted to the county zoning administrator, a request was made that the item be placed on the agenda for the August 7th Planning and Zoning Board meeting to indicate a specific date and time for a public hearing and an active public consideration of this proposal.
This is the request filed with the zoning administrator by Mr. Weller.
Request for Revisions to the Cherry County Zoning Regulations
July 19, 2018; changes are indicated by bold text. This online document has been slightly changed for formatting purposes, but there were no substantive changes in content.303.42 INDUSTRIAL USE: Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.
Revise to:
303.42 INDUSTRIAL USE: Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, mineral extraction or any WECS with a wind turbine(s) height above ground exceeding 100 feet.
SECTION 613 WIND ENERGY CONVERSION FACILITIES
613.03 Commercial/Utility Grade Wind Energy Systems
Revise to: 613.03 Industrial Grade Wind Energy Systems
Purpose: It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind energy systems within Cherry County.
Revise to:
It is the purpose of this regulation to promote the safe, effective and efficient use of industrial grade wind energy systems within Cherry County.
Definitions
2. Commercial/Utility WECS shall mean a wind energy conversion system of equal to or greater than 100 kilowatts in total name plate generating capacity.
Revise to:
2. Industrial WECS shall mean a wind energy conversion system of equal to or greater than 100 kilowatts in total name plate generating capacity.
Requirements
Commercial/Utility Grade wind energy systems shall be permitted as a Conditional Use within any district where...
Revise to:
Industrial Grade wind energy systems shall be permitted as a Conditional Use within any district where...
Table on Setbacks; column title
WE-CS Wind Turbine Commercial/Utility WECS
Revise to: Wind Turbine Industrial WECS
Special Safety and Design Standards
All towers shall adhere to the following safety and design standards:
Section 1. The Commercial/Utility WECS owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied...
Revise to:
The industrial WECS owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied...
Section 3. All Commercial/Utility WECS shall have a sign or signs posted on the tower, transformer and substation
Revise to:
3. All industrial WECS shall have a sign or signs posted on the tower, transformer and substation...
4. All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a tubular, monopole type tower.
Revise to:
All wind turbines, which are a part of an industrial WECS, shall be installed with a tubular, monopole type tower.
6. Color and finish:
All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or another non-obtrusive color. Blade finishes shall be matte or non-reflective.
Revise to:
6. Color and finish:
All wind turbines and towers that are part of an industrial WECS shall be white, grey, or another non-obtrusive color. Blade finishes shall be matte or non-reflective.
12. ... each Commercial/Utility WECS shall have a Decommissioning plan...
Revise to: 12. ... each industrial WECS shall have a Decommissioning plan...
13. Noise:
No Commercial/Utility WECS shall exceed 50 dBA at the nearest structure occupied by humans.
Exception: a Commercial/Utility WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.
Revise to:
No industrial WECS shall exceed 50 dBA at the nearest structure occupied by humans.
Exception: an industrial WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.