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  #1  
Old 02-02-2009, 10:24 AM
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79480200 Race track operation (definition)


What is the name of your state (only U.S. law)? Michigan

I'm seeking the legal definition of "Race track operation" the SIC is 79480200 preferably something referenced in Michigan (also yes I already looked on google and many other sources). Thanks in advance!
  #2  
Old 02-02-2009, 11:19 AM
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Quote:
Originally Posted by WrongFullNoise View Post
What is the name of your state (only U.S. law)? Michigan

I'm seeking the legal definition of "Race track operation" the SIC is 79480200 preferably something referenced in Michigan (also yes I already looked on google and many other sources). Thanks in advance!
**A: why do you want to know? Is this a zoning issue?
  #3  
Old 02-02-2009, 11:26 AM
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Please keep all your posts on the same issue in the same thread. Context is important.
  #4  
Old 02-02-2009, 11:29 AM
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Quote:
Originally Posted by FlyingRon View Post
Please keep all your posts on the same issue in the same thread. Context is important.
**A: are you talking to me?
  #5  
Old 02-02-2009, 11:37 AM
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Yes it is a zoning issue


Quote:
Originally Posted by HomeGuru View Post
**A: why do you want to know? Is this a zoning issue?
The township has allowed the contrustruction and operation of a MotorCross track in a C-2 zoned parcel. This surrounded by R-1 property (less 300 feet and across the street from a Sr Citizens complex), the citizens have pointed out their Special Land Use approval was for a Golf Dome (the inflatable type)and issued under:

Sec. 38-353. Special approval uses.
The following uses may be permitted in the C-2 district by the planning commission after a public hearing and review to the proposed site plan and subject to the procedures and provisions of article IV of this chapter. The parenthetical number (000) is listed in the Classification (SIC) Manual, 1972, published by the U.S. Department of Management and Budget, and is intended to provide a general guide of uses intended under each heading:


(14) Amusement and recreation centers and services not previously described as permitted used in this C-2 district (79 except racing (7948)) as provided in section 38-514.


As you can see except racing with a SIC of 7948, the Twp says they aren't racing just open riding and training so this doesn't apply and they can do it. However if you look under 7948 they list "Race Track Operation". So I'm looking for a definition to support our cause. Also I looked up NFPA (National Fire Protection Act) 610 and it says that training, opening riding etc are all the same as "racing". Looking to make the connection here. Thanks, in advance.
  #6  
Old 02-02-2009, 11:50 AM
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Quote:
Originally Posted by WrongFullNoise View Post
The township has allowed the contrustruction and operation of a MotorCross track in a C-2 zoned parcel. This surrounded by R-1 property (less 300 feet and across the street from a Sr Citizens complex), the citizens have pointed out their Special Land Use approval was for a Golf Dome (the inflatable type)and issued under:

Sec. 38-353. Special approval uses.
The following uses may be permitted in the C-2 district by the planning commission after a public hearing and review to the proposed site plan and subject to the procedures and provisions of article IV of this chapter. The parenthetical number (000) is listed in the Classification (SIC) Manual, 1972, published by the U.S. Department of Management and Budget, and is intended to provide a general guide of uses intended under each heading:


(14) Amusement and recreation centers and services not previously described as permitted used in this C-2 district (79 except racing (7948)) as provided in section 38-514.


As you can see except racing with a SIC of 7948, the Twp says they aren't racing just open riding and training so this doesn't apply and they can do it. However if you look under 7948 they list "Race Track Operation". So I'm looking for a definition to support our cause. Also I looked up NFPA (National Fire Protection Act) 610 and it says that training, opening riding etc are all the same as "racing". Looking to make the connection here. Thanks, in advance.
**A: from the looks of things, you could raise a good argument. The intent of the special approved uses do not allow racing. It is clear that the county approved a motorcross track under the guise of an amusement and recreation center. So the question to you is, why did the county approve the track knowing full well that racing will occur?
  #7  
Old 02-02-2009, 12:31 PM
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Answer to your Question...


Why did the Twp allow this? Good question, and being the respectful of this board lets leave it as personal interests in the Twp...

All of this has been laid our for months with them {Twp} and refuse to take action, the former (yes former) township Attorney said ticket them for noise, there have been hundreds of complaints [for noise] and only one ticket issues in 3 months.

Their was also a case where three children had to be rushed to the hospitial for Carbon Monoxide posioning and they shut them down for only a couple days and let them reopen! In fair ness there are some in Twp that want to do the right thing, however then there are others.

Everytime we the residents come out with something, they toss another peice of crazyness at us like it's not racing. Also they refer to their "track" as "course" if you can belise that one to get around this (webster points track to course by the way). So just looking for any legal help we can get as none of the local attronies want to touch this becuase they are all buds and out of towners want a ton of money we just can't afford... Again thanks in advance!
  #8  
Old 02-02-2009, 03:34 PM
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Quote:
Originally Posted by WrongFullNoise View Post
Why did the Twp allow this? Good question, and being the respectful of this board lets leave it as personal interests in the Twp...

All of this has been laid our for months with them {Twp} and refuse to take action, the former (yes former) township Attorney said ticket them for noise, there have been hundreds of complaints [for noise] and only one ticket issues in 3 months.

Their was also a case where three children had to be rushed to the hospitial for Carbon Monoxide posioning and they shut them down for only a couple days and let them reopen! In fair ness there are some in Twp that want to do the right thing, however then there are others.

Everytime we the residents come out with something, they toss another peice of crazyness at us like it's not racing. Also they refer to their "track" as "course" if you can belise that one to get around this (webster points track to course by the way). So just looking for any legal help we can get as none of the local attronies want to touch this becuase they are all buds and out of towners want a ton of money we just can't afford... Again thanks in advance!
**A: time to hire an attorney from outside the district.
  #9  
Old 02-02-2009, 03:58 PM
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Quote:
Originally Posted by HomeGuru View Post
**A: time to hire an attorney from outside the district.
These folks can't "afford" an attorney.
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  #10  
Old 02-02-2009, 06:51 PM
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Quote:
Originally Posted by HomeGuru View Post
**A: time to hire an attorney from outside the district.
Zinger, many thanks ;-) thats what sorry to say is the issue. Justice it seems isn't free...
  #11  
Old 02-03-2009, 04:51 PM
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Good luck then.
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