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reach the same maximum level as the highest point of the off-road <br />track; and that (c) 9 be added stating that no outdoor lighting <br />or illumination shall be allowed. <br />Director Keating noted that staff assumed there are a lot of <br />people in the county who own off-road vehicles and want to use <br />them some place. The intent was to try to allow people use of <br />their land without affecting others adversely, and if we adopt <br />what Ms. Warner has proposed, you would effectively prohibit <br />this. <br />Commissioner Scurlock believed with some motor cross <br />vehicles, even with an 1,000' distance, the noise still would <br />drive you out of your home. <br />Ms. Warner emphasized that they are not trying to say that <br />people can't ride these vehicles, but she stressed that a track <br />Is totally different than someone just riding a vehicle. She <br />advised that there was a stock car race track in Warsaw, Indiana, <br />on Lake Winona which had been there 50 years. Nine home owners <br />built homes there within the last 10 years, filed a suit, and <br />were able to get the track closed completely. She actually <br />called Warsaw to confirm this and learned the home owners were <br />located a mile away from the track. She brought this up to <br />illustrate the noise problem. <br />Chairman Eggert asked if the Noise Ordinance won't help with <br />this, and Ms. Warner noted that was not in the code before, and <br />now that it is being added, she felt it should be more stringent. <br />Discussion arose about this being a Special Exception and <br />the fact that the Board does not have to say yes to it. <br />Attorney Vitunac pointed out that if the people meet the <br />criteria, the Board must grant the Special Exception. <br />Director Keating noted that you can consider the general <br />4 <br />area in a Special Exception,' but Attorney Vitunac believed the <br />law requires you to specify this in your ordinance. <br />Asst. County Attorney Collins agreed, and further pointed <br />SEP 111990 45 <br />