ORD 436 09/14/1993 ORDINANCE # 436
AN ORDINANCE REGULATING THE EXTRACTION OF
SURFACE OR SUBSURFACE MINERAL PRODUCTS OR
NATURAL RESOURCES, EXCLUDING WATER,
WITHIN THE CORPORATE LIMITS OF THE
CITY OF CIBOLO, TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1: For the purposes of this ordinance the term
"Resource Extraction" shall mean the extraction of surface or
subsurface mineral products or natural resources, excluding
water. Typical extraction uses are quarries, borrow pits, sand
and gravel operations, oil and gas extraction, and mining
operations.
SECTION 2: After the effective date of passage of this
ordinance, there shall be no resource extraction operations on
any land within the city limits of the City of Cibolo which is
zoned for residential or general commercial use. Property owners
of record on the effective date of passage whose property falls
within the following zoning classifications are considered exempt
(grandfathered) from the provisions of this section; however the
remaining sections of the ordinance, applicable to permitting. do
apply and must be complied with prior to commencement of any •
resource extraction operations are being considered. Upon any
change in property ownership, the exempt status shall terminate.
R-1 (Residential - 1) MH (Mobile/Manufactured Homes
R-2 (Residential - 2) MF (Multi-Family)
R-3 (Residential ,- 3) C-1(General Commercial)
SECTION 3: In areas within the corporate limits of the City
of Cibolo, Texas where resource extraction is not prohibited
pursuant to SECTION 2. hereof or the property owner is in exempt
status, resource extraction may be undertaken only after a
resource extraction permit is obtained from the City Council of
the City of Cibolo, Texas.
SECTION 4: An application for a resource extraction permit
shalL be filed with the City Secretary and shall include the
following:
1. Date of submittal .
2. Name, address and telephone number of property
owner.
3. Name, address and telephone number of resource
extraction company.
4. Legal description of property.
5. Address of property.
6. Site location map that clearly indicates the
precise location of the property.
7. Location of all proposed and existing structures.
8. Existing uses of the property.
9. Location of all buildings within 100 feet of the
property.
10. Storm drainage plans.
11. Erosion and sedimentation control plan.
12. Restoration plan.
13. Traffic plan.
SECTION 5: The City Council shall hold a public hearing on
each resource extraction permit application received by the City
Secretary.
SECTION 6: The City Council shall deny a resource extraction
permit if it finds that the proposed resource extraction
operation:
1. Fails to reasonably protect persons and property
from erosion, flood or water damage, fire, noise,
glare and similar hazards or impacts;
2. Adversely affects the safety and convenience of
vehicular and pedestrian circulation in the
vicinity;
3. Fails to provide adequate and convenient off-
street parking and loading facilities;
4. Will be detrimental to the public health, safety,
or welfare, or material injurious to properties
or improvements in the vicinity, for reasons
specifically articulated by the City Council .
SECTION 7: The City Council shall approve an application for
a resource extraction permit if it finds the proposed operation,
if completed as proposed, will comply with all federal , state,
county and city statutes, laws, ordinances, resolutions and rules
and regulations and that the operation will not be in violation
of the review and evaluation criteria enumerated in PART 6.
hereof.
SECTION 8: Any violation of this ordinance shall be
punishable by a fine $ 200.00. Each day of violation shall be
deemed a separate offense.
SECS" 9: T s 1�ord.nance shall be effective on the
/�` day of Qj7 fl1be1 , 1993.
PASSED AND APPROVED:
,1993 Sgr a41
MAYOR
APPROVED' ATTEST: TT) 1
1-11
City Attorney City Secretary