Agenda - Planning Commission - 09/06/2007

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August 15, 2007 I Volume 1 I No. 16 where error [was] alleged LTl any order, requirement, decision or deter- mination made by an administrative orocer or agency in the enforce- ment of any zoning ordi...Tlance, code regulation or map." Because the correct procedure of appeal was followed, and, finding no error of law, the decision of the lower court was affirmed. Exclusionary Zoning-Business owner claims ordinance designed to exclude septic pumping and storage uses Says unable to use property purchased before ordinance to expand his business . Citation: Houdek v. Centerville Tp., 2007 WL 2120522 (Mich. Ct. App. 2007) MlCHIGAN (07/24/07)-Houdek owned and operated a business that provided septic pumping services to residents of Leelanau County, in- cluding residents of Centerville Township. Houdek had operated the business for many years and, seeking to expa..Tld it, purchased prop- erty in an agricultural zone in Centerville with the intent to construct a septage holding tank on the land. Pan of operating the business included applying septage to sites that were approved for such activity. Houdek had existing sites in the township for which there were appropriate approvals from the coun- ty's health department and the 1.iichigan Depar-Lillent of Environmental Quality. Houdek intended to use the newly purchased property in part as a land application site. In October 2001, the township enacted a new.section in its zoning ordinance that prohibited land application of septage as long as there was an existing public wastewater treatment or septage treatment facil- ity in a nearby county that had the capacity to accept septage waste. The ordinance grandfathered existing sites, but each grandfathered site would lose its status and when the permit for the site ell'ired. Over the next few years, Houdek applied for and received some spe- cial use permits to apply septage to the site in the towilship, but the ability to do so was limited by if and when a an alternate facility in a neighboring county would accept the septage. Houdek also repeat- edly applied for land use permits to install a septage storage tank on his property, but those requests were denied because installation and opera- tion of septage storage tanks were "not a permitted use within the Agri- cultural District." Only able to utilize a small portion of the property for land appli- cation of septageand unable to construct a septage holding facility on the land because it was zoned agricultural, Houdek sued the township, 11 135