Rapid City City Zoning Code

17.42 ME

Mining and Earth Resources Extraction District

17.42.010 General description.

Mining and extraction of earth resources is not compatible with uses permitted in residential, commercial or industrial zones. The purpose of the mining and earth resources extraction district is to protect residential, commercial and industrial uses from the hazardous effects of mining, to protect legitimate and necessary mining and extraction activities from encroachment by residential, commercial and industrial uses, which may create a hazard to the existence of mining and extraction activities, and to insure that lands subjected to mining and extraction activities are returned to a usable state after operations have been completed.

17.42.020 Uses permitted.

Property and buildings in the ME mining and earth resources extraction district shall be used only for the following purposes:

1. Rock, sand or gravel extraction;

2. Crushers and all support equipment;

3. Washers;

4. Kilns;

5. Asphalt batch plants;

6. Concrete batch plants;

7. Test facilities;

8. Storage buildings;

9. Repair facilities;

10. Bagging facilities;

11. Asphalt manufacturing or refining;

12. Outside storage of material;

13. Explosives, storage and use;

14. Office facilities (support function);

15. Railroad siding;

16. Brick or block manufacture;

17. Cement manufacture;

18. Powerplant;

19. Tank storage of bulk oil, gasoline and propane subject to the proper precautions as regulated by the fire marshal of the city;

20. Equipment storage yard;

21. Lime manufacturing;

22. The raising and/or maintaining of agricultural crops or livestock, but not including the raising of hogs or swine;

23. Accessory structures incidental to the principal activities.

17.42.025 Conditional uses.

The following uses shall be allowed only as conditional uses:

1. Wind energy conversion systems according to the requirements of § 17.50.215;

2. Microcell wireless communications facilities on buildings as defined in § 17.50.400A.; and

3. Microcell wireless communications facilities on poles as defined in § 17.50.400B.

17.42.030 Area regulations.

The following requirements apply to all uses permitted in this district:

A. Main and accessory structure setback. All main and accessory structures shall be set back from all street right-of-way lines not less than 35 feet.

B. Setback from section lines. Principal and accessory buildings and structures shall be set back no less than 58 feet from any section line. No setback is required from any legally vacated section line; however, if the vacated section line forms a property line, the applicable side, rear or front yard setbacks shall be observed.

C. Lot area. Any principal use together with all accessory uses shall be located on a lot having aminimum area of 40 acres. This area shall include all contiguous parcels owned or leased by the operator. This requirement, however, shall not preclude additions onto contiguous land containing less than 40 acres.

17.42.040 Off-street parking.

Parking shall be regulated as specified in § 17.50.270, as listed under industrial uses. All permanent parking immediately adjacent to buildings or where permanent parking supports activities shall be paved.

17.42.050 Screening and landscaping.

All yard areas required under this chapter and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

17.42.060 Noise and dust levels.

The amount of noise and dust generated from any activity in the ME district shall be regulated as follows:

1. Dust and particulate emissions shall be controlled according to all applicable state and federal laws and regulations.

2. Operations shall conform to applicable requirements of SDCL Title 34A, SDCL Chapter 34A-1 Air Pollution Control and all regulations issued pursuant to those requirements by the South Dakota Board of Minerals and Environment and administered by the South Dakota Department of Environment and Natural Resources. Operations shall also comply with all applicable provisions of Pennington County Ordinance #12 administered by the Pennington County Air Quality Board.

a. Construction permit required to install proposed source (34:10:01:03.01);

b. Application for an operational permit (34:10:01:19.01);

c. Air quality standards (34:10:02);

d. Open burning regulations (34:10:04);

e. Sampling and testing methods (34:10:05);

f. Control of particulate emissions (34:10:06).

B. Water quality. All operations shall conform to the controlling agency.

1. Noise exposures will be permitted as stated by MESA Code of Federal Regulations, Part 57.5-50 or OSHA 1926.52, whichever agency regulates the specific operation.

Duration Day	Sound Level (dBA, slow response)
8	90
6	92
4	95
3	97
2	100
1½	102
1	105
1½	110
1/4 or less	115

a. Federal permit is required by the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (Federal Register, Part 181 of Title 26 Code of Federal Regulations).

b. State permit is required by the Department of Public Safety Office of State Fire Marshal (SDCL Chapters 34-36 and 22-14A).

2. Conformance with MESA. All blasting operations under the jurisdiction of MESA shall conform to the Mining Enforcement and Safety Administration, Title 30, Code of Federal Regulations, Part 576;

a. Storage of explosives;

b. Transportation of explosives;

c. Use of explosives;

3. Seismic levels shall not exceed:

a. 0.1 psi (150 dB) overpressure; and

b. 2.0 inches/second ground vibration.

E. Roads. All access roads to any mining or extraction activity shall be maintained in accordance with the permit obtained from Pennington County in compliance with the county air quality ordinance.

17.42.070 Mining operations–Permit required–Restoration of mined land.

All operations shall comply with applicable permitting, operating and reclamation laws of SDCL Chapter 45-6 (Sand Gravel and Construction Aggregate Mining), SDCL Chapter 45-6B (Mined Land Reclamation), SDCL Chapter 45-6C (Mineral Exploration) and all regulations issued pursuant to those requirements by the South Dakota Board of Minerals and Environmental and administered by the South Dakota Department of Environment and Natural Resources.

Rapid City City Zoning Code

17.42 ME

Mining and Earth Resources Extraction District

17.42.010 General description.

17.42.020 Uses permitted.

Property and buildings in the ME mining and earth resources extraction district shall be used only for the following purposes:

1. Rock, sand or gravel extraction;

2. Crushers and all support equipment;

3. Washers;

4. Kilns;

5. Asphalt batch plants;

6. Concrete batch plants;

7. Test facilities;

8. Storage buildings;

9. Repair facilities;

10. Bagging facilities;

11. Asphalt manufacturing or refining;

12. Outside storage of material;

13. Explosives, storage and use;

14. Office facilities (support function);

15. Railroad siding;

16. Brick or block manufacture;

17. Cement manufacture;

18. Powerplant;

19. Tank storage of bulk oil, gasoline and propane subject to the proper precautions as regulated by the fire marshal of the city;

20. Equipment storage yard;

21. Lime manufacturing;

22. The raising and/or maintaining of agricultural crops or livestock, but not including the raising of hogs or swine;

23. Accessory structures incidental to the principal activities.

17.42.025 Conditional uses.

The following uses shall be allowed only as conditional uses:

1. Wind energy conversion systems according to the requirements of § 17.50.215;

2. Microcell wireless communications facilities on buildings as defined in § 17.50.400A.; and

3. Microcell wireless communications facilities on poles as defined in § 17.50.400B.

17.42.030 Area regulations.

The following requirements apply to all uses permitted in this district:

A. Main and accessory structure setback. All main and accessory structures shall be set back from all street right-of-way lines not less than 35 feet.

17.42.040 Off-street parking.

17.42.050 Screening and landscaping.

All yard areas required under this chapter and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

17.42.060 Noise and dust levels.

The amount of noise and dust generated from any activity in the ME district shall be regulated as follows:

1. Dust and particulate emissions shall be controlled according to all applicable state and federal laws and regulations.

a. Construction permit required to install proposed source (34:10:01:03.01);

b. Application for an operational permit (34:10:01:19.01);

c. Air quality standards (34:10:02);

d. Open burning regulations (34:10:04);

e. Sampling and testing methods (34:10:05);

f. Control of particulate emissions (34:10:06).

B. Water quality. All operations shall conform to the controlling agency.

1. Noise exposures will be permitted as stated by MESA Code of Federal Regulations, Part 57.5-50 or OSHA 1926.52, whichever agency regulates the specific operation.

Duration Day	Sound Level (dBA, slow response)
8	90
6	92
4	95
3	97
2	100
1½	102
1	105
1½	110
1/4 or less	115

a. Federal permit is required by the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (Federal Register, Part 181 of Title 26 Code of Federal Regulations).

b. State permit is required by the Department of Public Safety Office of State Fire Marshal (SDCL Chapters 34-36 and 22-14A).

2. Conformance with MESA. All blasting operations under the jurisdiction of MESA shall conform to the Mining Enforcement and Safety Administration, Title 30, Code of Federal Regulations, Part 576;

a. Storage of explosives;

b. Transportation of explosives;

c. Use of explosives;

3. Seismic levels shall not exceed:

a. 0.1 psi (150 dB) overpressure; and

b. 2.0 inches/second ground vibration.

E. Roads. All access roads to any mining or extraction activity shall be maintained in accordance with the permit obtained from Pennington County in compliance with the county air quality ordinance.

17.42.070 Mining operations–Permit required–Restoration of mined land.

Rapid City City Zoning Code

17.42 ME

Mining and Earth Resources Extraction District

17.42.010 General description.

17.42.020 Uses permitted.

Property and buildings in the ME mining and earth resources extraction district shall be used only for the following purposes:

1. Rock, sand or gravel extraction;

2. Crushers and all support equipment;

3. Washers;

4. Kilns;

5. Asphalt batch plants;

6. Concrete batch plants;

7. Test facilities;

8. Storage buildings;

9. Repair facilities;

10. Bagging facilities;

11. Asphalt manufacturing or refining;

12. Outside storage of material;

13. Explosives, storage and use;

14. Office facilities (support function);

15. Railroad siding;

16. Brick or block manufacture;

17. Cement manufacture;

18. Powerplant;

19. Tank storage of bulk oil, gasoline and propane subject to the proper precautions as regulated by the fire marshal of the city;

20. Equipment storage yard;

21. Lime manufacturing;

22. The raising and/or maintaining of agricultural crops or livestock, but not including the raising of hogs or swine;

23. Accessory structures incidental to the principal activities.

17.42.025 Conditional uses.

The following uses shall be allowed only as conditional uses:

1. Wind energy conversion systems according to the requirements of § 17.50.215;

2. Microcell wireless communications facilities on buildings as defined in § 17.50.400A.; and

3. Microcell wireless communications facilities on poles as defined in § 17.50.400B.

17.42.030 Area regulations.

The following requirements apply to all uses permitted in this district:

A. Main and accessory structure setback. All main and accessory structures shall be set back from all street right-of-way lines not less than 35 feet.

17.42.040 Off-street parking.

17.42.050 Screening and landscaping.

All yard areas required under this chapter and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

17.42.060 Noise and dust levels.

The amount of noise and dust generated from any activity in the ME district shall be regulated as follows:

1. Dust and particulate emissions shall be controlled according to all applicable state and federal laws and regulations.

a. Construction permit required to install proposed source (34:10:01:03.01);

b. Application for an operational permit (34:10:01:19.01);

c. Air quality standards (34:10:02);

d. Open burning regulations (34:10:04);

e. Sampling and testing methods (34:10:05);

f. Control of particulate emissions (34:10:06).

B. Water quality. All operations shall conform to the controlling agency.

1. Noise exposures will be permitted as stated by MESA Code of Federal Regulations, Part 57.5-50 or OSHA 1926.52, whichever agency regulates the specific operation.

Duration Day	Sound Level (dBA, slow response)
8	90
6	92
4	95
3	97
2	100
1½	102
1	105
1½	110
1/4 or less	115

a. Federal permit is required by the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (Federal Register, Part 181 of Title 26 Code of Federal Regulations).

b. State permit is required by the Department of Public Safety Office of State Fire Marshal (SDCL Chapters 34-36 and 22-14A).

2. Conformance with MESA. All blasting operations under the jurisdiction of MESA shall conform to the Mining Enforcement and Safety Administration, Title 30, Code of Federal Regulations, Part 576;

a. Storage of explosives;

b. Transportation of explosives;

c. Use of explosives;

3. Seismic levels shall not exceed:

a. 0.1 psi (150 dB) overpressure; and

b. 2.0 inches/second ground vibration.

E. Roads. All access roads to any mining or extraction activity shall be maintained in accordance with the permit obtained from Pennington County in compliance with the county air quality ordinance.