The P-1A planned development-natural resources district was established by Ordinance No. 1010661 on February 13, 1967, and continued in effect pursuant to the provisions of Section 26.03 of the Ada Township Zoning Ordinance [section 78-31], as adopted April 26, 1982. The purpose of this zone is to provide for the orderly extraction of natural resources, in accordance with the Application and Development Plan dated December 14, 1966 (the "development plan"), submitted in connection with adoption of Ordinance No. 1010661, to provide for temporary uses which are accessory to active mineral removal operations, and to provide for the development of agricultural or residential uses following the decline or completion of mineral removal activities.

(Ord. No. O-033199-1, § 1, 3-31-1999)

In this district, buildings, structures, or parts thereof, shall be erected, altered or moved upon any parcel of land, and lands shall be used, for only the following uses:

(1)

The mining, removal, extraction, excavation for, and transportation of sand, gravel, sand and gravel aggregates, dirt, soil and other similar materials, including the operation of equipment necessary for the removal of such materials and temporary stockpiling of materials which have been removed from the lands on which they are stored.

(2)

Within any area designated as a marshalling center on the development plan, the separation or screening of materials, office buildings, scale houses, and facilities and buildings for parking, maintenance and storage of equipment and supplies, if, and only for so long as, such uses are accessory to mineral removal operations taking place upon the lands on which they are located or upon other lands within the P-1A district under the control of the party conducting the accessory use. (By way of example, such control may consist of ownership or lease of lands, contract for removal of minerals, contract for purchase of minerals from lands in the P-1A district, or similar means.) All structures and stored materials and equipment shall be removed from the site within four months of the discontinuance of removal or extraction of natural resources from the lands to which the use is accessory.

(3)

Temporary processing activities not listed in subsection (2) of this section, including the crushing of gravel or stone, the mixing of sand and gravel aggregates, and the manufacturing of asphalt and concrete, but only if approved by the planning commission as a special land use in accordance with article XXI of this chapter, and, in addition, in compliance with the following standards:

a.

The special land use shall be located within an area designated as a marshalling center on the development plan.

b.

At all times while the special land use is in operation, at least 90 percent, by weight, of the sand, gravel aggregates and other raw materials used in the process in any consecutive 12-month period shall have originated from the land on which the use is located, or from other lands within the P-1A zoning district which are under the control of the owner of the use or activity. (By way of example, such control may consist of ownership or lease of lands, contract for removal of minerals, contract for purchase of minerals from lands in the P-1A district, or similar means.) The planning commission may, as a condition of approval, permit a lesser percentage of sand, gravel aggregates and other raw materials to originate from the land or from other land within the P-1A zoning district under the control of the owner of the use, if determined to be consistent with the objective of ensuring that such use or activity is accessory to active mineral removal operations in the district.

c.

Equipment used for the processing of materials which emits noise louder than 80 decibels, measured at a distance of 50 feet from such equipment when operating, shall not be located closer than one-quarter mile from the nearest occupied dwelling, unless the planning commission authorizes the placement and use of such equipment at a location closer thereto.

d.

All roads, trails or other areas used by vehicles in connection with transportation to or from the special land use shall have gates at specified locations, and any dust arising therefrom shall be controlled by such measures as may be required by the planning commission as part of written conditions included in any special land use. In determining dust control measures, the planning commission shall consider the length, location, soil composition and area of any road, trails or other land proposed to be used for the movement of vehicles.

e.

All facilities shall comply with the requirements of section 78-463(a)—(g).

f.

All structures and stored materials and equipment shall be removed from the site within four months of the discontinuance of removal or extraction of natural resources from the lands to which the use is accessory.

g.

The planning commission may impose reasonable conditions which promote the public health, safety and welfare, and which are necessary or convenient toward achieving the objective of ensuring that any special use approved hereunder is accessory in nature to substantial, ongoing mineral removal activities in the district.

(4)

Those uses permitted by right and by special land use, if so approved, in the R-R rural residential district as provided by article VII of this chapter. Any use permitted under this subsection (4) shall comply with the applicable use, height and area regulations for such use provided by article VII of this chapter, and if such use so complies it shall not be subject to section 78-463.

(Ord. No. O-033199-1, § 1, 3-31-1999)

(a)

The erection or construction of any structure in this district which is indicated on the development plan shall be subject to the prior issuance of a township building permit for such building.

(b)

No land shall be used nor a building permit issued for any use in this zone which is not indicated on the development plan.

(c)

There shall be a minimum front yard of 75 feet.

(d)

There shall be a minimum rear yard of 75 feet.

(e)

There shall be a minimum side yard of 50 feet except where this district abuts a residential district or a street, in which case, the minimum side yard shall be 100 feet.

(f)

Adequate off-street parking shall be provided.

(g)

All mineral excavation and removal activities and equipment shall comply with the applicable regulations of the air pollution control section of the state department of public health, or its successor.

(h)

Within that part of this zone described as a 40-acre parcel, more or less, being the southeast ¼ of the northwest ¼ of section 21, town 7 north, range 10 west, Ada Township, Kent County, Michigan, any mineral removal uses permitted in this district pursuant to section 78-462(1) may occur for a period of five years only, beginning on the date that any of such uses first commences.

(i)

Lands within this district shall be graded in accordance with the proposed final contour map of the development plan within two years after the natural resources have been removed or operations for the removal of such natural resources have ceased, whichever event first occurs.

(j)

Natural buffers, as indicated on the site plan of the development plan, shall be maintained and preserved.

(k)

All mineral removal activities now or hereafter occurring within the zone shall comply with the following operational standards:

(1)

Equipment used for the processing of materials which emit noise louder than 80 decibels, measured at a distance of 50 feet from such equipment when operating, shall not be operated closer than one-quarter mile from the nearest occupied dwelling.

(2)

Appropriate measures shall be instituted to control dust arising from mineral removal activities from areas which have been excavated, and from roads, trails, or other areas used by vehicles in connection with removal or transportation of materials.

(3)

During activities and operations for the removal of mineral material, no such material or other excavated material shall be left during weekends or overnight in such condition or manner as to constitute a danger to those who may enter the removal area. All banks of excavated material shall be temporarily graded to slopes having a vertical to horizontal ratio of not greater than one foot of elevation for each two feet of horizontal distance, after the cessation of daily operations; unless the applicant provides a substantially constructed and maintained wire fence, or fence of other substantial material, of at least four feet in height, and so located that any slope steeper than one foot of elevation for each two feet of horizontal distance cannot inadvertently be approached by persons who may enter the removal area.

(Ord. No. O-033199-1, § 1, 3-31-1999)

Other standards applicable to all development in this district shall include, but are not necessarily limited to, the following:

a.

General provisions contained in article I.

b.

Landscaping requirements and standards contained in article XXV.

c.

Sign regulations contained in article XXVI.

d.

Off-street parking and loading regulations contained in article XXVII.

e.

Public street access and private road and driveway standards contained in article XXVIII.

(Ord. No. O-061305-2, § 15, 6-13-2005)