Zoneomics Logo
search icon

Addison Township City Zoning Code

ARTICLE 22

- M MINING DISTRICT

Section 22.01.- Intent.

This district is intended for areas which are to be used for the extraction of mineral deposits such as sand, gravel and like materials during daylight hours. The regulations imposed in this section are for the protection, safety, health and welfare of the public as well as to provide for the ultimate reclamation of the land so used.

Section 22.02. - Permitted principal uses.

1.

Mining, excavation or quarrying of sand, gravel or stone, subject to the regulations in Section 22.07 of this ordinance.

2.

Plants for the processing, transportation or marketing of the aforesaid minerals together with accessory buildings, equipment and facilities.

3.

Stockpiles of sand and/or gravel as the product of an excavation operation.

4.

Publicly owned buildings and/or public utilities including but not limited to telephone exchanges, transformer stations and substations, and gas regulator stations with service yards and/or storage yards.

Section 22.03. - Permitted accessory uses.

Uses and structures customarily incidental to the permitted use.

Section 22.04. - Permitted uses after special approval.

The following uses shall be permitted only after special approval is granted by the planning commission in accordance with the procedures, requirements and standards set forth in this section and in Article 30, and subject to any conditions imposed by the planning commission:

1.

Living quarters for a watchman or caretaker employed on the premises.

a.

Such living quarters shall be an incidental element of the operation.

b.

Living quarters shall not exceed six hundred (600) square feet and shall be contained entirely within the principal building.

2.

Sanitary landfills.

No dumping, stockpiling, or trash collection and storage is permitted in Addison Township except as provided by Section 58 of the Addison Township Solid Waste Ordinance.

Section 22.05. - Area, density, height and yard requirements.

1.

Minimum site area: Fifty (50) acres.

2.

Minimum yards:

Front: One hundred (100) feet.

Side, each: One hundred (100) feet.

Rear: One hundred (100) feet.

3.

Maximum height: Three (3) stories or forty (40) feet.

4.

Other major regulations applicable to this district can be found in Article 4, General Provisions, including the wall requirements of Section 4.25, and Article 26, Off-Street Parking and Loading Regulations.

5.

All structures shall be set back twenty-five (25) feet from all natural feature areas as defined in Article 2 of this ordinance. For site plan applications that require township board approval, this setback may be reduced by the township board following recommendation of the planning commission. Individual requests for reduction of the setback may only be granted as a variance from the township zoning board of appeals. Both bodies, in approving a reduction in the setback, shall determine that it is clearly in the public interest. In determining whether the setback reduction is in public interest, the benefit that would reasonably be expected to accrue from the proposed development shall be balanced against the reasonably foreseeable detriments to the natural features. Docks, piers, decks, boardwalks, or seawalls may be located within the natural feature setback.

Section 22.06. - Site plan approval required.

In accordance with Article 29, site plan approval shall be required for all principal and special uses permitted in this district.

Section 22.07. - Mining requirements and regulations.

1.

No mining, stockpiling of material or processing shall take place closer than one hundred (100) feet to any property line or street or highway right-of-way line. If the circumstances of the site indicate that a one hundred (100) foot setback requirement would not be adequate to protect abutting property, the planning commission shall require greater distances as it deems necessary for the protection of adjacent property. If deemed necessary to protect adjacent property, the planning commission may also require a greenbelt along such property.

2.

All mining operations shall be conducted pursuant to a valid permit, issued under Section 4.37 of this ordinance.

3.

All mined-out areas shall be reclaimed. The applicant shall provide a plan for restoration of the property at time of site plan approval. The restoration plan shall describe how the reclamation standards listed in Subsection 22.07.4 of this ordinance will be met at cessation of mining activity.

4.

Restoration and reclamation shall satisfy the following standards:

a.

All excavation shall be made either to water (producing a depth of at least eight (8) feet below the low-water mark for at least eight (8) percent of the water area), or shall be graded or backfilled with noncombustible materials to ensure that:

1)

The excavated area shall not collect and hold stagnant pools of water; or

2)

The surface of such area which is not permanently submerged shall be graded or backfilled as necessary so as to produce a gently rolling surface that will minimize erosion and which will be in substantial conformity to topography of the adjoining land.

b.

The banks of all sand and gravel excavation shall be sloped toward the water line at a slope which will not be less than seven (7) feet horizontal to one (1) foot vertical, and said banks shall be restored with vegetation.

c.

Vegetation shall be restored by the use of soil and overburden and by seeding of grasses or planting of shrubs or trees in all parts of the mining area which are not to be permanently submerged underwater.

d.

Upon cessation of mining operations, the operator, within a reasonable period of time not to exceed twelve (12) months thereafter, shall remove all structures, buildings, stockpiles and equipment unless such building or structure can be otherwise lawfully used in the district.

5.

The planning commission shall fix a bond or other performance guarantee covering the area to be mined to ensure that restoration and reclamation will be completed. The general rule in determining the reasonableness of length of time for reclamation and rehabilitation shall be as follows: shall be substantially commenced within one year after substantial completion of mining activities and be substantially completed within two (2) years thereafter.

6.

All equipment and facilities used in the production, processing, or transportation of minerals shall be constructed, maintained and operated in such a manner as to eliminate, insofar as practical, noise, vibrations, dust or other effects which are injurious or unduly annoying.

7.

Temporary stockpiling of topsoil or overburden, erosion and similar operational problems shall not constitute a hazard to road traffic, pedestrians or adjoining property.

8.

The planning commission may require any additional information necessary to determine the impacts, extent of operation or ultimate reuse of the property.

9.

Hours of operation shall be limited to from down to dusk.

10.

The emission of measurable noise from the premises shall not exceed seventy (70) decibels as measured at property lines.

Section 22.08. - Environmental impact study.

An environmental impact study may be required by the planning commission or the township board as part of any site plan review and subject to the provisions of Section 4.45, Environmental impact statement requirements.