Mud bogs, including use of motorized off-road vehicles of all types on any terrain, may be permitted as a special land use in the AG Agricultural District subject to the following requirements.
(A) The minimum site size shall be 40 acres with a minimum width of 660 feet. The site shall be located on, or shall take principal access from a major or secondary thoroughfare. (See township thoroughfare plan map). The site may only abut land that is zoned AG Agricultural or LI Light Industrial.
(B) No existing dwelling unit shall be located within 500 feet of any property line, except that dwellings located on the same parcel as the proposed mud bog and dwellings that have clearly been abandoned shall be excluded from this requirement. Measurements shall be determined by the straight line distance taken from the nearest point on the property line of the parcel upon which the proposed mud bog use is to be located to the nearest point on the exterior wall of nearest dwelling (including attached garage).
(C) A site plan is required (§ 153.180(A)(3)). The applicant must submit evidence that they have consulted with the County Road Commission regarding a driveway permit and cleaning of muddy vehicles before entering upon a public street.
(D) All points of entrance (ingress) or exit (egress) shall be no closer than 200 feet from the intersection of any two streets.
(E) Any point of entrance or exit shall be no closer than 75 feet from any other such point. There shall be a maximum of two entrance or exit points (two in total).
(F) All parking shall be off-street.
(G) No more than two events shall be held in any one calendar month. Events shall be held only during the period beginning April 1 and ending October 31. The hours of operation shall be limited from 12 noon to 9 p.m. or dusk if it occurs earlier.
(H) The design of the facility shall clearly show that safety and security of persons on and off the site has been taken in consideration to the greatest extent reasonably possible. The safety and security of persons on-site shall be the responsibility of the operator and owner of the site (insurances, emergency transport, fire safety, pedestrian and vehicular traffic and the like). A safety and security plan shall be submitted for review and approval of the Planning Commission at the time of site plan review.
(I) The Planning Commission may require adequate means of noise control, including but not limited to any of (or combination of) the following: buffering, use of berms, fences or walls (e.g. eight feet), large setbacks (e.g. 100 feet or more), changes of terrain elevations and any other reasonable means to ensure adequate protection and enjoyment of neighboring properties (e.g. residences, livestock and parks). Central loudspeakers/paging systems are prohibited within 660 feet of residentially planned, zoned or used property. Any such loudspeakers shall be directed only toward the interior of the site. Failure by the developer of a mud bog or motorized off-road vehicle facility to demonstrate in his or her proposal the adequate provision of means to control noise shall be grounds to deny special land use approval. Noise control shall also be subject to § 153.172(E).
(J) Other environmental requirements.
(1) All parking areas, drives, tracks and display areas shall be kept dust-free at all times so as not to become a safety hazard or a nuisance to any adjoining property(ies) (§ 153.172(A)).
(2) Odor control shall be subject to § 153.172(F).
(3) Waste disposal (including, but not limited to: trash generated by the proprietor, organizers, sponsors, participants or spectators, human waste, disabled vehicles, vehicle parts or components, any and all other debris and the like) shall be removed from the property and properly disposed of after each event. Waste disposal shall also be subject to § 153.172(G).
(4) The site plan shall show all existing and proposed drainage. Any drainage from the bog, track or display area(s) shall be contained on-site.
(K) Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the mud bog or motorized off-road vehicle facility. No alcoholic beverages may be sold on the site or provided to participants or spectators with or without charge.
(L) Vehicles with muddy wheels and/or bodies must be washed adequately before exiting the site to prevent tracking of mud or other debris onto a public street(s).
(M) In the case where the use is proposed to be located on land abutting an unpaved road, the Planning Commission shall review the proposed use with regard to dust control. If dust control measures are found by the Planning Commission to be necessary for the protection of the public welfare, either at the time of special land use and site plan approval or after a review of actual operating history of the use, the Planning Commission may require the operator to establish an escrow account with the township sufficient to cover the expense of chloride applications to all unpaved roads leading to the use from the nearest paved roads in each direction. Said escrow account shall be required to be replenished annually prior to each season of use.
(N) The Zoning Administrator or Zoning Enforcement Officer may make periodic inspections to ensure that the originally approved special land use and site plan review requirements are being complied with. Failure to comply with originally approved requirements may provide grounds for citation of violation under § 153.999
. If a violation(s) is discovered, the Zoning Administrator or Zoning Enforcement Officer shall provide a written notice of the violation(s) and offer a reasonable time period for remedy by the owner, not to exceed 90 days. If, in the judgment of the Zoning Administrator or Zoning Enforcement Officer, there have been repeated or serious violations, he or she may proceed with enforcement under § 153.999
without the remedy period.
(Ord. 32, passed 2-13-2013) Penalty, see § 153.999