Board grants multi-year permit for ABATE annual event but declines to waive fee

The Barstow County Board of Zoning Appeals on Sept. 9 approved a multi-year special-use permit for an annual motorcycle event organized by ABATE (case 25BZA45), extending the permit term to five years but declining an applicant request to waive the application/hearing fee.

The applicant requested a three-year approval; staff recommended approval with the conditions applied in prior approvals, including a traffic control plan, security and sanitation plans, notification to the sheriff, limits on parking in the right of way, and amplified music cutoff at midnight. The board amended the motion to grant five years and voted to approve the permit while keeping the fee in place.

Amanda Case, who identified herself as representing ABATE of Indiana, asked the board to waive the application fee because the group is a nonprofit and "every penny counts." She described ABATE's activities as motorcycle-education and fundraising efforts and said that funds raised in Marshall County are distributed to local families and local charities. "Can we have that fee waived with this one also?" Case asked.

County staff told the board the application fee had been paid at the time of application. In discussion the board and staff referenced a prior, lower fee schedule; staff said the previous fee was $75 and the fee schedule had later increased to $275. The applicant said she had paid $285 up front; the record contains both numbers and the board discussed the discrepancy while noting that notice and other administrative costs are incurred by the county when a hearing is processed.

The event has previously been approved with stipulations in 2019 and 2022, the staff report said. Required conditions reiterated at the Sept. 9 hearing include: events limited from Friday noon through Sunday noon; compliance with Department of Health sanitation standards; notification to the sheriff; no parking in the right of way; amplified music turned off at midnight; lighting minimized toward adjacent properties; on-site EMT and security; and authority for revocation of approval for noncompliance, disorderly conduct reports, or excessive noise complaints.

After discussion, a board member moved to extend approval to five years and to retain the application fee; another member seconded. The motion carried.

The board's approval authorizes the Summers annual event for the multi-year period under the stated conditions. The permit can be revoked for noncompliance with the conditions listed by staff.