(3) An ordinance shall not prevent the extraction, by mining, of valuable natural resources from any property unless very serious consequences would result from the extraction of those natural resources. Natural resources shall be considered valuable for the purposes of this section if a person, by extracting the natural resources, can receive revenue and reasonably expect to operate at a profit.
(4) A person challenging a zoning decision under subsection (3) has the initial burden of showing that there are valuable natural resources located on the relevant property, that there is a need for the natural resources by the person or in the market served by the person, and that no very serious consequences would result from the extraction, by mining, of the natural resources.
(5) In determining under this section whether very serious consequences would result from the extraction, by mining, of natural resources, the standards set forth in Silva v Ada Township, 416 Mich 153 (1982), shall be applied and all of the following factors may be considered, if applicable:
(a) The relationship of extraction and associated activities with existing land uses.
(b) The impact on existing land uses in the vicinity of the property.
(c) The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence.
(d) The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property.
(e) The impact on other identifiable health, safety, and welfare interests in the local unit of government.
(f) The overall public interest in the extraction of the specific natural resources on the property.
(6) Subsections (3) to (5) do not limit a local unit of government's reasonable regulation of hours of operation, blasting hours, noise levels, dust control measures, and traffic, not preempted by part 632 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However, such regulation shall be reasonable in accommodating customary mining operations.
(7) This act does not limit state regulatory authority under other statutes or rules.
125.3205 Zoning ordinance subject to certain acts; regulation or control of oil or gas wells; prohibition; extraction of valuable natural resource; challenge to zoning decision; serious consequences resulting from extraction; factors; regulations not limited.
The Land Use Plan (aka Master Plan) is intended to guide the future growth and development of the Township. It is not an ordinance and does not have the force of law. The Plan takes a long-term view and provides a vision 20 years or more in the future. As such, the Plan represents a vision for the Township for the year 2030. Contained within this plan are goals, objectives, and policies, implementation measures, and a land use plan map. The land use plan map indicates appropriate areas for future land uses according to a vision for a desired future development pattern.
The Cambridge Township Zoning Ordinance is the principal tool that will be used to implement this the Land Use Plan. This Ordinance creates zoning districts in which permitted land uses are listed, prohibited land uses are omitted, and lot requirements including density, building setbacks, maximum height, and maximum lot coverage percentages are provided. The Zoning Ordinance includes a zoning map indicating where zoning districts are located in the community. The Zoning Plan that is included as part of the Master Plan provides information on the relationship of the Land Use Plan to the Zoning Ordinance. The Zoning Plan “translates” future land use plan designations to existing and proposed zoning district designations.
Updated October 15, 2022
Amended March 2022
Updated July 20, 2018
Updated July 20, 2018
Amended June 8, 2020
Updated July 20, 2018
Updated December 8, 2022
Citizens Protect Irish Hills is a non-profit, entirely volunteer organization focused on the impact of proposed aggregate (sand and gravel) mining activity in Cambridge Township, MI. Your donation helps our efforts to oppose the gravel pit go that much farther. Thank you for your generosity!
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