A sand and gravel district (SGD) is a special zoning district allowing the operation of a sand or gravel extraction operation where soil, sand, gravel, and clay may be removed for commercial use on or off the property. Additional uses are specifically noted in section 98-302, such as concrete and asphalt production and other uses. A SGD must have within its boundaries, as a primary use, a material extraction and materials processing operation that is designed to extract or process soil, sand, gravel or clay. This district is designed to protect the environmental character of a site and to promote compatible development with adjacent land uses and future redevelopment of the site. SGD is a zoning classification that is intended to create a controlled environment for materials extraction and processing related directly to sand or gravel pits.

(Ord. No. 253, § 1(art. X, § 1), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Within a SGD only those uses directly related to the operation of the material extraction process shall be allowed. Such related uses are limited to the extraction, processing, storage, production of finished products, and shipment of such materials and products from within the property, and are specifically limited to the following:

(1)

Testing for, or extraction of, raw materials such as sand, soil, clay, gravel, or other similar materials that are mined or removed without the use of blasting or explosives.

(2)

The processing and handling of extracted materials including, without limitation, loading, screening, washing, sorting, stockpiling, and distribution by rolling equipment or conveyor systems.

(3)

Production of materials and finished products through processing plants, including, without limitation, concrete, bulk or bagged sand, soil, clay and/or gravel.

(4)

Warehousing and storage of bulk or bagged sand, soil, clay, cement and/or gravel as well as exterior storage of sand, soil, clay and gravel in bulk form.

(5)

Laboratory, weighing, and testing facilities for conducting test and chemical analysis of materials.

(6)

The administrative activities associated with such uses including, without limitation, offices and associated uses.

(7)

Outside storage of equipment, spare parts and supplies to be used at the site; provided that such storage is screened from public view by natural buffers, screening or fencing.

(8)

No storage of fuel, flammable, or explosive materials shall be permitted.

(9)

Transportation related uses including, but not limited to, the use of trucking and railroad vehicles for transporting materials and product to and from the SGD. This would include maintenance and storage of the equipment and vehicles utilized by the sand or gravel pit operator, provided such storage is screened from public view by natural buffers, screening or fencing.

(Ord. No. 253, § 1(art. X, § 2), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

It is the intent of these regulations to allow the existence of sand, soil, clay and/or gravel extraction and processing in a manner which is sensitive to surrounding land uses and cognizant of the concerns of neighborhood and environmental interest with respect to protecting water quality, quality of life and ensuring protection of the environment. As such, the following operating standards are established to allow sand or gravel pit operations located within a SGD to be carried out in a manner that is compatible with surrounding land uses. All extraction, processing, and related operations performed in a SGD shall be done and shall operate in conformance with the standards set forth in each applicable subsection below.

(1)

Frontage requirements. All property within a SGD shall have a minimum of 60 feet of frontage on at least one adjacent public right-of-way or recorded easement at least 60 feet in width, which provides ingress or egress to public roads. Regardless of the frontage provided onto a public road, a SGD shall comply with the provisions of subsection (7) (clear vision and queuing).

(2)

Natural buffer. A natural area shall be maintained around the perimeter of the property within the district and no grading, removal, or disturbance of native plant material shall be allowed within 500 feet of any perimeter property line of the property within the district or public right-of-way except as required for establishing fencing and berming as provided for herein and for providing a 20-foot-wide access road for the purpose of establishing and maintaining fencing, landscaping, access and/or security patrol.

(3)

Screening requirements. Notwithstanding subsection (2) above, greater visual screening is required at any point where the extraction is located within 1,000 feet of a public right-of-way carrying pedestrian or vehicular traffic. In such areas, the visual screen shall not be less than eight feet in height at or near the property line and shall be made up of any combination of the following materials: existing native plant materials, supplementary plant materials, existing grading, berming, and/or fencing.

(4)

Fencing requirements. A fence shall be provided around the perimeter of the property or not less than 25 feet from the outer edge of any excavation that is ten feet or greater in depth. Such fence shall be a minimum of eight feet in height and a maximum of 12 feet in height and shall be constructed of visually screening material.

(5)

Excavation setbacks. No excavation or extraction of material (other than is required for the installation and maintenance of fences, landscape screen, access points, crossings, or clear vision zones at entry points) shall be allowed closer than 500 feet from the property line of the SGD district or closer than 500 feet from any public right-of-way.

(6)

Facility setbacks. All facilities for the production of excavated and processed products shall be located at least 500 feet from the property line of any adjoining property that is developed and/or zoned for residential use and at least 50 feet from any public right-of-way on which pedestrian or vehicular access is allowed.

(7)

Clear vision and queuing requirements. A triangular clear vision zone shall be provided on the subject property at the intersection of all access points with public roads to provide an area of clear vision of vehicles. The zone shall be defined by a triangle consisting of 200 feet parallel with the public road and 50 feet along the access road or drive measured from the intersection point of the two right-of-ways. A queuing area accommodating four trucks of no less than 2,400 square feet shall be provided between the edge of the public right-of-way and the access point or gate station, whichever is nearest the public right-of-way.

(8)

Pit walls and slopes. All walls of the pit or excavated areas shall be maintained in compliance with applicable state and federal safety requirements.

(9)

Floodplain protection. No building may be placed within 150 feet from the outer limit of a 100-year floodplain. All NPDES and TNRCC requirements must be met any time the quarry operations come within 150 feet of a 100-year floodplain to prohibit silt or sediment from entering the creek or stream. This restriction would not apply in any case where the floodplain is located more than 150 feet inside the property line of the SGD.

(10)

Industrial waste monitoring. Upon request by the city, any person operating an activity within a SGD shall provide, to the city's satisfaction, documentation evidencing the characterization, handling, and disposal of any industrial waste generated within the SGD. Documentation which may satisfy the characterization inquiry includes process knowledge literature and/or waste analysis records.

(11)

Material safety data. Upon request by the city, independent of the Federal Community Right to Know and Emergency Planning Act, any person operating an activity within a SGD shall provide copies of Material Safety Data Sheets (MSDS) for materials maintained, stored, or used within the SGD. The materials subject to this section are those materials whose properties for volatility, flammability, explosive potential, corrosiveness, radioactivity, or other toxic or hazardous property allow them to be listed in the North American Emergency Response Guidebook, current edition and as amended.

(Ord. No. 253, § 1(art. X, § 3), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Not less than 30 days prior to the submission of a zoning case to the Planning and Zoning Commission for obtaining SGD zoning on a property, eight copies of a boundary map and metes and bounds description shall be provided by the applicant showing the outer perimeter line of the property that is owned, leased, under contract, or optioned by the operator and which the operation is to utilize. This boundary description and drawing shall be submitted to the city secretary and shall be considered the official boundary description on which the SGD will be established and within which the permitted uses allowed in the district will be allowed. All setbacks and distance requirements shall be measured from the boundary lines identified on the boundary map provided under this section. If the applicant is not the owner of the property the applicant shall provide written authorization to act as agent on behalf of the owner.

(Ord. No. 253, § 1(art. X, § 4), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Eight copies of a site plan shall be submitted at the time any property owner initiates a zoning case by filing a zoning application requesting the establishment of a SGD. The site plan shall be submitted to the city secretary and shall graphically depict, to scale, the location and size of all then-existing permanent and affixed structures, buildings, and facilities in relation to the boundaries of the property. The site plan shall also illustrate the location of all then-existing access points and their relationship to adjoining or crossing major thoroughfares. The information required by this section may be incorporated into the boundary map required by section 98-304, and an aerial photo may be used as the base document for the site plan.

(Ord. No. 253, § 1(art. X, § 5), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

Signs surrounding or within a SGD may be used to provide the following:

(1)

To identify the extraction or manufacturing operation;

(2)

To inform customers of the facility with respect to access points and the existence of the facility;

(3)

To identify the occupants or operations within a specific building or area of the district; and

(4)

To provide directional, safety, and other information to the general public, occupants, employees, patrons, and visitors to the district.

(b)

Signs within a SGD shall be in conformity with chapter 66 to the extent those regulations apply.

(c)

Signs shall be posted at all exit points from a permitted SGD to a public road that reminds truckers that their loads must be covered in accordance with city and state regulations that impose fines if violated.

(Ord. No. 253, § 1(art. X, § 6), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

No blasting or use of any explosive shall be permitted within a SGD.

(Ord. No. 253, § 1(art. X, § 7), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

No asphaltic concrete plant activity may be conducted, and no storage of asphalt materials may occur for purposes of batching or producing asphaltic or any other purpose concrete, within a SGD.

(Ord. No. 253, § 1(art. X, § 8), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Any use such as livestock grazing, ranching operations, barns, or farm operations that would be a continuing use that was non-conforming as a result of the establishment of the SGD may continue.

(Ord. No. 253, § 1(art. X, § 9), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

After the sand and gravel and related uses have terminated within a SGD, the property shall not be redeveloped for any purpose until a beneficial reuse concept plan (BRCP) has been prepared and submitted in accordance with the regulations of chapter 54 and a new permanent base zoning district has been applied for and received through the required public process, including, at a minimum, one or more public hearings before the Planning and Zoning Commission and the City Council.

(Ord. No. 253, § 1(art. X, § 10), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

The quarry district (QD) is a special zoning district intended to allow for a quarry and related uses for the extraction of limestone and other raw materials and the processing of those materials into finished products. A QD must have within its boundaries, as a primary use, a material extraction and materials processing operation that is designed to extract limestone or any other similar materials which are mined on the property and/or which are processed on the property subsequent to mining. This district is designed to protect the environment and promote compatible land use relationships with adjoining properties and to allow for the safe development of commercial quarrying, cement, concrete products and lime manufacturing, and related industries, together with accessory support facilities that relate directly to the on-site quarrying, processing, and manufacturing operations. The district is specifically created in order to classify such materials extraction, processing and related uses in a district zoning category that expressly encompasses such uses, as opposed to the other ordinary districts within the permitted uses table, which do not specifically embody, collectively, such uses. Quarry district (QD) is a zoning classification that is intended to allow for a broad range of directly related uses that would create a controlled environment for the development of diverse material extraction and processing activities, including by way of example, but without limitation, mining, blasting, extraction, processing, handling, crushing, washing, screening, sorting, stockpiling, and the production, packaging, distribution, and transportation of aggregate, ready-mix concrete, asphaltic concrete, lime and hydrated lime, cement, concrete, precast and prestressed concrete products, Portland cement, concrete pipe, concrete blocks, and other concrete products within the district, including activities required for the support of such directly related operations, including but not limited to vehicle and rail maintenance facilities, office and dispatch facilities, outside storage of materials, and other operations incidental to quarry operations.

(b)

Quarry district (QD) use regulations and operating standards set forth in this division shall apply to all quarry and related processing uses within a QD district.

(Ord. No. 253, § 1(art. X, § 11), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Within the district no building, structure, or land shall be used for any purpose other than the following, or any combination thereof, provided that such uses take place within the site specific boundaries of the district designated as QD, or on which said activities are otherwise designated by law, in accordance with the operating standards for this zoning district:

(1)

Testing for or extraction of raw materials such as limestone or other similar materials that are mined or removed without the use of blasting or explosives (or using blasting or explosives if approved under section 98-337).

(2)

The processing and handling of extracted materials including, without limitation, loading, primary and secondary crushing, screening, washing, sorting, stockpiling, and distribution by rolling equipment or conveyor systems.

(3)

Production of materials and finished product through processing plants, including but not limited to cement plants, lime plants, ready-mix concrete plants, concrete batch plants, asphaltic concrete plants, pug mills and production facilities for precast and prestressed concrete, concrete blocks, packaged cement, packaged concrete, and concrete pipe.

(4)

Rail, vehicle and equipment maintenance facilities.

(5)

Warehousing and distribution facilities for finished products and raw materials such as mined aggregate, and raw cement in various stages of production (i.e., cement powder, clinker, gypsum, etc.).

(6)

Laboratory, weighing, and testing facilities for conducting tests and chemical analyses of materials.

(7)

The administrative activities associated with such uses including, without limitation, offices and associated uses.

(8)

Outside storage of materials equipment, spare parts and supplies to be used at the site; provided that such storage is screened from public view by natural buffers, screening or fencing.

(9)

Transportation related uses including, but not limited to, the use of equipment, and trucking and railroad vehicles for transporting quarry materials and product to and from the particular site(s). This would include maintenance and storage of the equipment, and trucking and/or railroad vehicles utilized by the operator of the QD, providing such storage is screened from public view by natural buffers, screening or fencing.

(10)

No on-site storage of ammonium nitrate or fuel shall be permitted.

(Ord. No. 253, § 1(art. X, § 12), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

It is the intent of these regulations to allow the existence of quarrying and processing operations which are sensitive to surrounding land uses and cognizant of the concerns of neighborhood interest and environmental interest with respect to protecting quality of life and ensuring protection of the environment. As such, the following operating standards are established to allow the quarry and processing operations to be carried out in a manner that is as compatible as possible with the surrounding land uses. All quarrying, processing, and related operations performed in a QD shall be done and shall operate in conformance with the standards set forth in each applicable subsection below.

(1)

Frontage requirements. All property within a QD shall have a minimum of 60 feet of frontage on an adjacent public right-of-way or recorded easement, at least 60 feet in width, which provides ingress or egress to public roads. Regardless of the frontage provided onto a public road a district shall comply with the provisions of subsection (7) (clear vision and queuing).

(2)

Natural buffer. A natural area shall be maintained around the perimeter of the property within the district and no grading, removal, or disturbance of native plant material shall be allowed within 500 feet of any perimeter property line of the property within the district or public right-of-way except as required for establishing required berms and fencing and for a 20-foot-wide access road for the purpose of establishing and maintaining fencing, landscaping, access and/or security patrol.

(3)

Screening requirements. Notwithstanding subsection (2) above, visual screening is required at any point where the active quarry pit is located within 1,000 feet of a public right-of-way carrying pedestrian or vehicular traffic. The visual screen in such areas shall not be less than 30 feet in height at or near the property line and shall be made up of a vegetated berm.

(4)

Fencing requirements. A fence shall be provided around the perimeter of the property or not less than 25 feet from the outer edge of any excavation that is ten feet or greater in depth and shall be a minimum of eight feet in height and a maximum of 12 feet in height. Such fence shall be constructed of visually screening material.

(5)

Excavation setbacks. No excavation or extraction of material, other than is required for the installation and maintenance of fences, landscape screen, access points, crossings, or clear vision zones at entry points, shall be permitted closer than 950 feet from the property line of any adjoining property zoned for residential use or closer than 950 feet from any public right-of-way.

(6)

Facility setbacks. All facilities for the production of finished products that are made from excavated materials (i.e., ready-mix concrete batch plants, lime plants, cement plants, concrete block plants, cement packaging plants, precast and prestressed yards, concrete pipe plants, and other similar facilities) shall be located at least 950 feet from the property line of any adjoining property that is developed and/or zoned for residential use and at least 950 feet from any public right-of-way on which pedestrian or vehicular access is allowed.

(7)

Clear vision and queuing requirements. A triangular clear vision zone shall be provided at the intersection of all access points with public roads to provide an area of clear vision for vehicles. The zone shall be defined by a triangle consisting of 200 feet parallel with the public road and 50 feet along the access road or drive measured from the intersection point of the two right-of-ways. A queuing area sufficient to accommodate four or more trucks of no less than 2,400 square feet shall be provided between the edge of the public right-of-way and the access point or gate station, whichever is nearest the public right-of-way.

(8)

Floodplain protection. No building may be placed within 150 feet from the outer limit of a 100-year floodplain. All NPDES and TNRCC requirements must be met any time the quarry operations come within 150 feet of a 100-year floodplain to prohibit silt or sediment from entering the creek or stream. This restriction would not apply in any case where the floodplain is located more than 150 feet inside the property line of the QD.

(9)

Water quality protection. Operations within a QD shall comply with applicable water quality standards set forth by the Texas Natural Resource Conservation Commission and all applicable federal and state laws, rules and regulations.

(10)

Industrial waste monitoring. Upon request of the city, any person operating an activity within a QD shall provide, to the requesting agency's satisfaction, documentation evidencing the characterization, handling, and disposal of any industrial waste generated within the QD. Documentation which may satisfy the characterization inquiry includes process knowledge literature and/or waste analysis records.

(11)

Material safety data. Upon request of the city, independent of the Federal Community Right to Know and Emergency Planning Act, any person operating an activity within a QD shall provide copies of Material Safety Data Sheets (MSDS) for material maintained, stored, or used within the QD. The materials subject to this section are those materials whose properties for volatility, flammability, explosive potential, corrosiveness, radioactivity, or other toxic or hazardous property allow them to be listed in the North American Emergency Response Guidebook, current edition and as amended.

(12)

Blasting setback. Blasting shall not be allowed within 1,000 feet of a residential structure under construction or completed at the time the QD is established.

(Ord. No. 253, § 1(art. X, § 13), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Not less than 30 days prior to the submission of a zoning case to the Planning and Zoning Commission for obtaining quarry district (QD) zoning on a property, eight copies of a boundary map and metes and bounds description shall be provided by the applicant showing the outer perimeter line of the property that is owned, leased, under contract, or optioned by the operator and which the operation is to utilize. This boundary description and drawing shall be submitted to the city and shall be considered the official boundary description on which the quarry district will be established and within which the permitted uses in the QD will be allowed. All setbacks and distance requirements shall be measured from the boundary lines identified on the boundary map provided under this section. If the applicant is not the owner of the property the applicant shall provide a written authorization to act as agent on behalf of the owner.

(Ord. No. 253, § 1(art. X, § 14), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Eight copies of a site plan shall be submitted at the time any property owner initiates a zoning case by filing a zoning application requesting the establishment of a QD. The site plan shall be submitted to the city and shall graphically depict, to scale, the location and size of all permanent and affixed structures, buildings, and facilities in existence at the time of submission in relation to the boundaries of the property. The site plan shall also illustrate the location of all access points and their relationship to adjoining or crossing major thoroughfares. The information required by this section may be incorporated into the boundary map required by section 98-334 and an aerial photo may be used as the base document for the site plan.

(Ord. No. 253, § 1(art. X, § 15), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

Signs surrounding or within a quarry district (QD) may be used to provide the following:

(1)

To identify the quarrying or manufacturing operations located within the district;

(2)

To inform customers of the quarry facility with respect to access points and the existence of the facility;

(3)

To identify the occupants or operations within a specific building or area of the district; and

(4)

To provide directional, safety, and other information to the general public, occupants, employees, patrons, and visitors to the district.

(b)

Signs within a QD shall be in conformity with chapter 66, to the extent those regulations apply.

(c)

Signs shall be posted at all exit points from a permitted QD to a public road that reminds truckers that their loads must be covered in accordance with city and state regulations that impose fines if violated.

(Ord. No. 253, § 1(art. X, § 16), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

No blasting or use of explosives shall be permitted within a QD unless a specific City Council approval use permit, for such activity, is granted within the QD. The issuance of a specific City Council approval use permit is subject to the applicable provisions of this Code; provided, however, the city shall set a date of expiration for the permit. If such approval is granted, blasting may be used within the boundaries of the QD provided such use complies with the applicable requirements of the Unified Fire Code, or the International Fire Code as amended and adopted by the City Council.

(b)

A minimum buffer zone of 1,000 feet shall be maintained between the blasting area and the nearest residence and shall be screened by a minimum 30-foot vegetated berm.

(c)

Blasting shall be permitted only during the following time periods:

(1)

Monday through Friday (no Saturdays, Sundays, or legal holidays).

(2)

80 percent between the hours of 3:00 p.m. and 5:00 p.m.

(3)

20 percent between the hours of 10:00 a.m. and 11:00 a.m.

(d)

Crushing operations shall be permitted only during the following time periods:

(1)

Monday through Saturday (no Sundays or legal holidays).

(2)

8:00 a.m. to 5:00 p.m.

(e)

Ground vibration shall be limited to a maximum of 0.28 PPV (peak particle velocity) as measured at 3,000 feet from the quarry property line or the nearest residence, whichever is closest.

(f)

Air overpressure (air shock) shall not exceed 127 dB (decibels).

(Ord. No. 253, § 1(art. X, § 17), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

No asphaltic concrete production plants or storage of asphalt materials may be utilized within a QD unless a specific City Council approval use permit for such activity is granted within the QD. The issuance of a specific City Council approval use permit is subject to the applicable provisions of this Code; provided, however, the city shall set a date of expiration for the permit. If such approval is granted, asphaltic concrete production may occur within the boundaries of a QD provided such use complies with the applicable requirements of the TNRCC, the EPA, and of this chapter.

(Ord. No. 253, § 1(art. X, § 18), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

After the quarry and related uses have terminated within a QD, the property shall not be redeveloped for any purpose until a beneficial reuse concept plan (BRCP) has been prepared and submitted in accordance with the regulations of chapter 54 and a new permanent base zoning district has been applied for and received though the required public process including, at a minimum, one or more public hearings before the Planning and Zoning Commission and the City Council.

(Ord. No. 253, § 1(art. X, § 19), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Any use such as livestock grazing, ranching operations, or farm operations that would be a continuing use that was non-conforming as a result of the establishment of the QD may continue.

(Ord. No. 253, § 1(art. X, § 20), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)