Quarry operations are permitted in the CM district as conditional uses subject to the requirements in this division; provided that the property, at the time the city annexed the property into the city limits, was actively pursuing a state or local permit associated with quarry operations or conducting quarry operations under an existing state or local permit on the property.
(Ordinance 438-42, § 5(63(b)(xii)), ((b)(xii)(A)), adopted 2/7/2005)
The following uses related to the quarry and utilized for quarry operations, in addition to the underlying zoning uses, are permitted:
(1) 
Testing and extraction.
Testing for, including but not limited to, geologic investigation, or extraction of raw materials such as of soil, sand, shale, gravel, limestone, or other similar rock materials that are mined or removed with or without the use of blasting or explosives.
(2) 
Processing and handling.
The processing and handling of extracted or recycled materials including, but not limited to, loading, crushing, screening, washing, sorting, stockpiling, and distribution by rolling equipment or conveyor systems.
(3) 
Production and processing.
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 products, packaged cement, packaged concrete, and recycled aggregates.
(4) 
Warehousing and distribution.
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.).
(5) 
Testing.
Laboratory, weighing, and testing facilities for conducting tests and chemical analyses of materials.
(6) 
Administration.
The administrative activities associated with such uses including, but not limited to, offices and associated uses.
(7) 
Outside storage.
Outside storage of materials, equipment, spare parts and supplies.
(8) 
Transportation related uses.
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, the maintenance, repair, and storage of the equipment, and trucking and/or railroad vehicles utilized by the operator of the quarry.
(9) 
Fuel storage.
Aboveground fuel storage that meets all applicable government regulations.
(10) 
Maintenance facilities.
Rail, vehicle and equipment maintenance facilities.
(11) 
Other.
Hot mix and ready mix plants operated in association with quarry operations.
(Ordinance 438-42, § 5(63(b)(xii)(B)), adopted 2/7/2005)
The development standards shall be the same as those for the CM district except as specifically modified in this section. The following development and use standards for quarry operations as specifically detailed shall be adhered to:
(1) 
Site plan and building codes.
Permanent buildings constructed or enlarged after the effective date of the ordinance from which this division is derived shall comply with the applicable site plan requirements of the city and with applicable building codes and regulations established for the CM district. New driveways for access to public roads (unless exempt herein), shall be subject to site plan review and all applicable ordinances. Internal roads and parking areas utilized for quarry operations shall not be subject to site plan review or building regulations. Quarry equipment shall be subject to compliance with appropriate mechanical codes establishing safety standards for use and operation of such equipment.
(2) 
Quarry tract setbacks.
Except as provided in subsection (a)(3) of this section, the following setbacks shall apply for quarry operations (the quarry tract setback):
a. 
There shall be a setback of 200 feet from the quarry pit to any property boundary abutting a public street, or 100 feet from the quarry pit to any property boundary abutting a public street if a berm, landscaping, or other screen is installed within the quarry tract setback in compliance with applicable regulations; and
b. 
There shall be a setback of 50 feet from the quarry pit to any property boundary that does not abut a public street. The quarry tract setback does not apply to the removal of soil or overburden.
(3) 
Accessory uses.
Weigh stations, offices/administrative offices, shop buildings, similar accessory facilities and quarry operations other than excavation or blasting may be placed within the quarry tract setback established in subsection (a)(2) of this section. In addition, driveways, roads, parking areas, signs, and landscaping may be placed within the setbacks in compliance with applicable regulations.
(4) 
Height limitations above surrounding ground level.
Height limitations are as follows:
a. 
Crushers shall not exceed a height of 75 feet.
b. 
Conveyor belts and stackers shall not exceed a height of 100 feet.
c. 
Weigh stations and other similar facilities shall not exceed a height of 50 feet.
d. 
Towers and stacks shall not exceed a height of 300 feet.
e. 
Plants, silos, and other similar structures shall not exceed a height of 200 feet.
(5) 
Extraction activities and blasting.
Extraction activities and blasting shall be conducted according to this subsection. All blasts shall comply with the more restrictive of the following standards or other applicable state or federal regulations:
a. 
General requirements.
Blasting shall occur only during daylight hours and not more than three blasts shall occur in any day. A blast containing multiple charges set in sequence to explode within a few minutes of the first charge shall be considered a single blast.
b. 
Noise/airblast limits.
For the purpose of this division, the air overpressure and related noise generated by the use of explosives in excavation activities shall be measured by the airblast created thereby. An airblast shall not exceed the maximum limits listed in the table in this subsection at the location of any dwelling, public building, school, church, or community or institutional building outside the property, except as provided in subsection (a)(5)f. of this section.
Lower frequency limit measuring in Hz
Maximum level, in dB
(plus-minus 3 dB)
1 Hz or lower, flat response
134 peak
2 Hz or lower, flat response
133 peak
6 Hz or lower, flat response
129 peak
C-weighted, slow response
105 peak dBC
c. 
Monitoring requirement.
1. 
The operator shall conduct monitoring to ensure compliance with the airblast standards.
2. 
The measuring systems shall have an upper-end flat-frequency response of at least 200 hertz.
d. 
Flyrock.
Flyrock traveling in the air or along the ground shall not be cast from the blasting site beyond the property boundary.
e. 
Ground vibration.
1. 
General.
The maximum ground vibration shall not exceed the values illustrated in the table in subsection (a)(5)e.2(i) of this section. The maximum ground vibration for protected structures listed in subsection (a)(5)e.2(i) of this section shall be established in accordance with the maximum peak-particle-velocity limits as shown in the table.
2. 
Maximum peak particle velocity.
(i) 
The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the property:
Maximum allowable peak particle velocity for ground vibration
 
(in/sec)*
1 to 300
1.25
301 to 5,000
1.00
5,001 and beyond
0.75
Notes:
*Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements.
(ii) 
A seismographic record shall be maintained for each blast.
f. 
Exceptions.
The maximum noise/airblast and ground vibration standards of this section shall not apply at the following locations:
1. 
At structures owned by the permittee and not leased to another person;
2. 
At structures owned by the permittee and leased to another person, if a written waiver by the lessee has been obtained.
(6) 
Blasting records.
Quarry operators or their designated blasting contractor shall keep records of each blast including recording seismographic information of all blasts. Further, quarry operators shall permit the city to inspect at operator's offices blast records, for the preceding six months upon at least two business days' advance request; provided, however, the information shall not be copied without the consent of the operator or court order.
(7) 
Compliance.
The quarry operator shall comply with other city regulations incorporating applicable state and federal regulations at the time of any development, redevelopment, operations, or conducting of quarry operations. The quarry operator shall use best efforts to resolve complaints from citizens regarding compliance with state and federal laws and with the conditional use permit, including making available at all times to the city the name and phone number of a quarry representative authorized to resolve complaints of citizens.
(8) 
Protection of public roadways.
New driveways from points of ingress and egress to public roadways to the point of weighing/scaling of vehicles shall be constructed of asphalt or similar material in order to reduce mud and other debris being transported on to the public roadway.
(9) 
Private roadways.
The quarry operator may install and cut private roadways within the quarry tract for quarry operations and construct storage, loading, and quarry parking areas that are not subject to site plan requirements provided that access points to a public road must be in strict compliance with subsection (a)(8) of this section.
(10) 
Public notice signs.
The quarry operator shall post and maintain public notice signs to notify the public and adjoining property owners that the property is designated as a quarry property and blasting site. The content of the sign shall be approved by the city and shall be treated as a public notice sign exempt from city sign regulations if posted in strict compliance with this subsection.
(11) 
Noise exemption.
Quarry operations carried out in accordance with the requirements of this division shall not be deemed a nuisance or subject to the requirements of chapter 23, article IV, pertaining to noise.
(Ordinance 438-42, § 5(63(b)(xii)(C)), adopted 2/7/2005)
If the owner of the property and the city have entered a development agreement pursuant to V.T.C.A., Local Government Code, ch. 212, subch. G., the conditional use shall be subject to the provisions of that agreement.
(Ordinance 438-42, § 5(63(b)(xii)(D)), adopted 2/7/2005)
Division of a quarry property into smaller tracts and use of such smaller tract for any use other than quarry operations shall terminate the conditional use permit as to such tract.
(Ordinance 438-42, § 5(63(b)(xii)(E)), adopted 2/7/2005)