Special Use Permit – Zoning Ordinance Fails To Provide For Motocross tracks
Landowner claims area’s need for motocross tracks makes ordinance illegal.
Citation: Bracelin v. Allegan Township Zoning Board of Appeals, Court of Appeals of Michigan, No. 259758 (2006)
MICHIGAN (08/17/06) – Over the course of five years, Bracelin built a motocross track on his property, which was located in an agricultural district of the township of Allegan.
When neighbors complained, Bracelin applied for and received a special use permit for the track from the planning commission. However, after another hearing, the zoning board of appeals revoked the permit, finding that the planning commission could not grant a special use permit for a motocross track in an agricultural district.
Bracelin sued the board, but the court ruled in its favor.
Bracelin appealed, arguing that the zoning ordinance was illegal because there was no provision for any motocross track or any other type of track at all.
DECISION: Affirmed
Having no allowance for any motocross track or other type of track did not make the ordinance illegal.
For the zoning ordinance to be invalid, Bracelin had to establish that: 1) there was a demonstrated need for the excluded land use in the township or surrounding area; 2) the use was appropriate for the location; and 3) the use was lawful.
At the board of appeals hearing, a few people commented that there were very few places for them to participate in motocross, and they emphasized that the track was family-oriented. Such comments from a handful of people did not demonstrate a sufficient need for a motocross track in the township or surrounding area, but merely indicated a desire to have the track. Furthermore, there were similar types of tracks in other nearby towns.
Ultimately, Bracelin failed to demonstrate a need for a track at his proposed location. Because the first prong of his argument failed, the decision of the lower court had to be affirmed.
