Motocross madness.....

[jlindy]

Has anyone had a similar situation, or does anyone have a regulation that would address the following problem:

A property owner has 5.5 acres with Agricultural zoning. He has built a motocross track on the property that he uses for his kids and friends. He doesn't hold any events, nor does he charge anyone to use the property. The problem lies in the fact that his 5.5-acre AG zoned property is surrounded by a residential subdivision and people, understandably, do not enjoy listening to the whining of dirt bikes and the dust clouds created by them in their back yards.

Note: The County does not have a noise, or general nuisance ordinance.

Any help is greatly appreciated. Thanks.

 

[SGB]

Is the property subject to permissive zoning? If so, the devil is in the definitions:

Does motocross fit in as part of any defined permitted use in that zoning district?

 

[Kiltie]

Has anyone had a similar situation, or does anyone have a regulation that would address the following problem:

A property owner has 5.5 acres with Agricultural zoning. He has built a motocross track on the property that he uses for his kids and friends. He doesn't hold any events, nor does he charge anyone to use the property. The problem lies in the fact that his 5.5-acre AG zoned property is surrounded by a residential subdivision and people, understandably, do not enjoy listening to the whining of dirt bikes and the dust clouds created by them in their back yards.

Note: The County does not have a noise, or general nuisance ordinance.

Any help is greatly appreciated. Thanks.

Sounds like the immortal new residential homes against existing agricultural land issue. Well, if the land owner is using the track for his or her own use (residing family members included), and is not permitting others to use it (fee or not), it may be that the neighbours will have to put up with it.

If they were permitting others to use the track, and were charging people to use it, then clearly this would be a commercial use.

 

[giff57]

If it is like most ag zones I have seen, the language is pretty loose and alows most everything. If it is for personal and friends use, it is no different than just riding across the lot on a motorcycle, which, I would bet is permitted.

so in light of this

Note: The County does not have a noise, or general nuisance ordinance.

I say the neighbors are screwed

 

[boiker]

Is the property subject to permissive zoning? If so, the devil is in the definitions:

Does motocross fit in as part of any defined permitted use in that zoning district?

If the motocross is accessory recreational equipment or grounds to the residential use then it's probably permitted anyway.

If he is running a business or charging for access then there may be something to enforce.

I could establish a golf course on my property accessory to my residential use if I have the room and don't charge for access.

 

[jlindy]

Motocross (cycle race track or course)

Is the property subject to permissive zoning? If so, the devil is in the definitions:

Does motocross fit in as part of any defined permitted use in that zoning district?

It is referred to as a cycle race track or course in the special use section of the AG district regulations. It is included under Private and Public recreational facilities listed below:

"Private and public recreational facilities and commercial entertainment and tourist establishments, including, but not limited to, picnic and recreational campgrounds, as regulated by section 90-246; dining and dancing establishments; archery clubs; gun clubs; Par 3 golf courses; automobile, cycle, snowmobile race tracks or courses; and commercial fishing ponds or lakes and/or similar tourist facilities."

The fun part it is is not defined what makes something a private or public recreational facility. It is intepreted that it would be something that would be accompanied by a fee, otherwise we would need to limit all ATV usage to a number or time of operation, or limited to family members only, the later of which would be an enforcement nightmare.

Thanks for your thoughts.

 

[The One]

Existing Ag uses?

Sounds like the immortal new residential homes against existing agricultural land issue. Well, if the land owner is using the track for his or her own use (residing family members included), and is not permitting others to use it (fee or not), it may be that the neighbours will have to put up with it.

If they were permitting others to use the track, and were charging people to use it, then clearly this would be a commercial use.

Winnepeg is a very cool place! Yes literally, but also seems like it would be a nice place to raise a family, I loved the history museum (to bad the hockey team had to leave eh?)

Now: Moto-Cross as an Existing Agricultural Use :-0 ? I could see the use of motorcycles to round up the chickens or pigs or cattle or emu or whatever.....but not just joy riding around the "yard" (15 acres would be a yard in such a large province 8-! ) Anyway, I'll bet the owners have a horse or two and hold jobs as teachers, judges, sanitation workers or some other city job ;-) .....

 

[Rem]

We had exactly the same problem - the operator was promoting himself to elected representatives as a saint because he was keeping kids off the street.

We instituted action based on noise nuisance, earthworks without consent, soil erosion and sedimentation problems (covered by our pollution laws) and waterway protection laws. While getting our case ready the operator was making his political case as a youth crusdaer.

The next thing we knew the guy was arrested as a suspected paedophile. 8-! He couldn't make bail, the use ceased and eventually he was convicted on paedophilia charges. Easy solution for us but probably not one you can take any lessons from - sorry about that chief.

 

[boiker]

The fun part it is is not defined what makes something a private or public recreational facility. It is intepreted that it would be something that would be accompanied by a fee, otherwise we would need to limit all ATV usage to a number or time of operation, or limited to family members only, the later of which would be an enforcement nightmare.
Thanks for your thoughts.

I read private or public referring to track as in a commercial venture. In this case, it's no different than establising an outdoor basketball court, tennis court, bob sled track, roller coaster, etc. for personal or family use. The motocross doesn't exist as a primary or special use.. and is only accessory or optional to the residential use.

Of course both of my comments assume that his residence is on this property as well.

If this property is being used solely as a motocross track, it would have to be a permitted (administrative or special use permit) recreational use in the Ag district.

I guess this brings up another question for me.. Could hunting occur on this property without a change of use?

 

[ludes98]

Your state environmental quality office might be interested in the particulates, but it's not likely they would require cessation of the activity.

 

[michaelskis]

I can relate. We have almost the exact same thing, but it is zoned residential. Our ordinance permits recreational use for properties, so we have gone after our guy with a noise ordinance. I would also check to see if there is anything for soil erosion control, possible conflict not permitting recreational use in that zone, or try to see if he is in fact charging people. Our case had the track owner receiving non-monitory donations. (he got a watering system last year from a large group of riders) Also find out if they have insurance for such a thing, and let the insurance company go after them, or if you have anything about parking on improved surfaces, or maybe send the cops out there to make sure that each bike has an off road sticker if y your state requires them (after all it is an off road vehicle!)

 

[Maister]

Perhaps your county doesn't have a noise ordinance specifying decibel limts per se, but I'm sure the sheriff could go after them under the more general 'disturbing the peace' provision which if nowhere else will certainly be on the books as a state statute.
I think the Ag zoning extends no entitlement to disturb the peace in this case. If the complaint was that tractors or combines (or some other activity associated with the production or processing of food or fibre) were kicking up dust and making noise that would be one thing - but racing motorcycles is not specifically an agricultural use or activity (not even accessory IMHO).
Go get 'em. Take no prisoners.