In this series, I will examine the Hayes Township Zoning Ordinance, and compare it with the minutes of the Hayes Township Planning Commission Special Meeting, dated May 17, 2010, which lay out in detail the decision taken by the Planning commission, and restrictions to be applied to the Special Use assigned to the Gamble-Longenecker property on Mostetler Road. I will take this section by section as I did in the series on the Hayes Township and Clare County Master Plans.
Unless otherwise specified, page numbers refer to the Hayes Township Zoning Ordinance as found on the Hayes Township Website.
The Hayes Township Zoning Ordinance carries the weight of the law.
This series is not a complete dissection of the Hayes Township Zoning Ordinance. This series will look at only those points of the Hayes Township Zoning Ordinance that pertain specifically to the Resolution to grant the Special Use With Restrictions to the Gamble-Longenecker property on Mostetler Road . I will examine the rest of the Hayes Township Zoning Ordinance at a later time.
Page 7: Definition: Club: "Buildings and facilities owned or operated by corporation, association, association, person or persons for social, educational or recreational purposes."
WHMDR, Inc. is a corporation. Michigan Moto Mania is the corporate alias of WHMDR Inc. Michigan Moto Mania as proposed is a facility operated by Doug Longenecker for recreational purposes. By the Ordinance’s definition, it is a club.
2 Page 14: Definition: Nuisance Factor: "An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of excessive or concentrated movement of people or things, such as noise, dust, heat electronic or atomic radiation, objectionable effluent, noise or congregation of people, particularly at night; and passenger traffic."
By this definition, the noise, dust emissions and excess traffic caused by the racing and riding of ORVs, MX bikes and ATVs at the proposed Michigan Moto Mania can be considered a nuisance.
"E. The proposed project complies with all other applicable ordinances and state and federal statutes for the following reasons:
The Park/Owner has to follow the rules of allowed noise levels, and not exceed the standards of Michigan Law of 94 decibels. Must comply with state law regarding the decibel limits for all modes of transportation used in the park." (Minutes, Page 3)
What outside and independent professional entity will be testing the noise levels of the vehicles and of the park?
One motorcycle engine producing 94 decibels does not sound the same or as loud as up to 300 motorcycles and ORVs producing 94 db each. How will that collective noise be measured?
How will noise levels be enforced?
What consequences are in place for violations and infractions?
3 Page 16. Definition: Special Exception: "Approval by the Township Planning Commission of a use of land in a district that is not antagonistic to other land uses in the district when such use is specified in this ordinance for that district upon such approval."
The Gamble-Longenecker property on Mostetler Road is zoned A-R Agricultural/Rural Residential.
The Special Exemption granted by the Planning Commission on May 17, 2010 to the Gamble-Longenecker property is for a Motorized Vehicle racing and riding business. Such a business is antagonistic to any residential use.
The Special Use is also antagonistic to the surrounding properties for hunting use.
The Special Use granted is not a use specified in this ordinance for A-R.The Ordinance needs to be updated to reflect such a Special Use in an appropriate Zoning District.
4 Page 18: Definition: Variance: "A modification of literal provisions of this Ordinance which the Board of Appeals is permitted to grant when strict enforcement of said provision would cause undue hardship owing to circumstances unique to the individual property in which the variance is sought."
“The members of this board unanimously agreed that the special land use variance would be beneficial to the Community, Hayes Township and their families as a whole.” (Minutes, Page 4)
The Special Use cannot be considered a Variance. The Planning Commission as a body is not authorized by the Ordinance to grant Variances. Variances are granted by the Zoning Board of Appeals.There is no undue hardship except that which was created by the lax enforcement and misapplication of the Zoning Ordinance by the Planning Commission in October 2009.
A Special Use was sought.
A Variance was not sought.
Speaking to their “unanimous agreement” – The members of the Planning Commission talk to those in their social circles. There were dissenters who said so to people privately, but when it came down to the vote, they lacked the moral courage to stand up and vote their consciences, and chose to present a unified front. Some members of the Planning Commission, both before and after this decision was taken have expressed their misgivings “unofficially” to individuals in the community.
In Part 2, I will discuss the Zoning Districts and how they pertain to the Resolution to grant a Special Use to the Gamble-Longenecker property on Mostetler Road.
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