One Failure Is Enough to Deny It.

“The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.”

This is a residential, golf, and farming neighborhood — the Woodlands Course at Whittaker to the north, homes strung along Kluver Road, and working farm fields to the south. A contractor laydown yard with nonstop deliveries and trucks moving back and forth is not harmonious with that character, is not compatible with the homes, golf course, and working farms beside it, and changes the essential character of the area — the exact outcome this standard forbids.

“The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, and including, but not limited to streets, police and fire protection, drainage structures and refuse disposal. Adequate water and sanitation facilities must be available.”

The site is not served adequately by the streets or drainage structures this standard requires. The site's “drainage structure” is a corrugated pipe laid on top of the gravel, and Kluver Road's gravel surface goes completely underwater in a single storm. We documented the polluted runoff crossing the road, ditch, and neighboring farmland during one June rain event.

“The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.”

Traffic alone fails this standard. Three families on Kluver Road have children who often play outside, and there are two golf-cart crossing points on the road. Fast, heavy trucks coming around a blind curve — where a golf cart or a child could be in the road — is a plain danger to persons and to the general welfare.

“The use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.”

This ground has been a farm, and a farm only, as far back as the record goes. Acres of gravel and constant truck traffic is not an “improvement” to the use or character of the property, and it is not “in keeping with the natural environment” of land that has always been agricultural.

“The site plan proposed for such use demonstrates compliance with the applicable specific design standards for the special land use as contained in Article 5.”

The burden is on the applicant to demonstrate that its site plan meets every Article 5 design standard — a burden the drainage and flooding failures above call into serious question.

“The use is consistent with the New Buffalo Township Master Plan.”

The applicant must also show the use is consistent with the New Buffalo Township Master Plan for what has long been a rural, agricultural area.