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Re: E-M:/ Gravel pit question



Our zoning ordinance has an Article on "Nonconformities".
 
The following is stated:
 
Section 13.01 Nonconforming Uses of Land
Where, at the date of adoption of this Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Ordinance as enacted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.
2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.
3) If any such nonconforming use of land is abandoned for a period of more than ninety days, any subsequent use of such land shall conform to the regulations specified by the Ordinance for the district in which such land is located.
 
Since your gravel pit was abandoned for five or ten years, it could not be continued per paragraph 3.
 
This is pretty standard stuff.
 
 
----- Original Message -----
Sent: Wednesday, September 18, 2002 9:56 PM
Subject: E-M:/ Gravel pit question

Anyone know of any rules - or rules of thumb - that should be checked out when a person wants to "re-open" a gravel pit?  To my knowledge no gravel has been taken from the pit in 5 years, possibly 10.  My understanding is that since the pit wasn't operational for so long, it would revert back to what the zoning is in that area.  It is zoned Residential/Ag and 30 years ago was run as a family gravel pit.  Is it too late to be "grandfathered in"?  Our local township officials don't know what rules apply or even what to ask.  The man with the pit just TOLD the township supervisor he was going to re-open this pit.  Shouldn't the township require a site plan, or issue a permit of some kind?  Can the request proof that there is even still gravel at this site?  How can they have any control or be sure that he follows noise or pollution control ordinances if there are no ground rules set before he opens?  Any and all comments are appreciated. . .we need some direction here!
Thanks you in advance.
Luanne Jaruzel
Millington Township