The industrial district is established for the purpose of confining the heavy traffic, light, glare, dust, odor, noise, and fire hazards often associated with industrial land uses to a limited area where future planning can provide for the heavy duty streets, extra fire protection, and utilities capacity necessary to support industry. The industrial zoning district excludes residential and light commercial uses in order to foster an environment where industry may operate without the undue risk of nuisance or liability suits.

(Ord. 517 Ch. 4 (part), 1978)

A "use of right" is defined as any industrial heavy commercial use which does not require a permit under the provisions of the International Fire Code and which does not contribute toxic substances, heavy metals, or other unusual waste loads to the town's sewerage system or introduce airborne toxins to the atmosphere. Other prohibited uses include refineries, tanneries, livestock feedlots, papermills, and any other industry that would produce offensive odors detectable outside of the industrial zoning area boundaries.

(Ord. No. 812, § 1, 8-10-2015; Ord. No. 766, 6-8-2009; Ord. 517 Ch. 4 (part), 1978)

A "conditional use" is defined as any industrial or heavy commercial use which requires a permit under provisions of the International Fire Code or which contributes toxic substances, heavy metals, or other unusual waste loads to the town's sewerage system and any public use compatible with an industrial location.

(Ord. No. 766, 6-8-2009; Ord. 517 Ch. 4 (part), 1978)

The industrial district is the area within which the storage of flammable or combustible liquids in outside aboveground tanks, new bulk plants, the unrestricted storage of liquefied petroleum gases and the storage of explosives and blasting agents is permitted under provisions of the International Fire Code. These activities are prohibited in all other districts. The industrial district is part of fire zone No. 2 established in the International Building Code.

(Ord. No. 766, 6-8-2009; Ord. 517 Ch. 4 (part), 1978)

The following performance standards apply to all uses in the industrial district:

A.

Any industrial or heavy commercial use which has discharges to the air or to natural watercourses shall have appropriate permits from the Wyoming Department of Environmental Quality, or its successors.

B.

Any industrial or heavy commercial use which contributes toxic substances, heavy metals, or other unusual waste loads to the town's sewerage system shall provide adequate pretreatment before such wastes enter the sewerage system.

C.

Safety measures to limit the access areas (including but not limited to trenches, gratings, loose materials, stockpiles and electrical lines) shall be required.

D.

Measures to limit excessive noises, glare, and light to the site of operations shall be required.

E.

Industrial and heavy commercial developments shall provide adequate off-street parking for employees, customers, and vehicles used in or servicing the development. Parking areas shall have adequate lighting and drainage and shall not create excessive amounts of blowing dirt or dust.

F.

Industrial and heavy commercial developments should provide adequate landscaped buffer areas for MRD, LD's, GBD's, public facilities such as parks, and public streets. The extent of buffer areas should be related to structural dimensions of the industrial or heavy commercial use and hazards presented by light, glare, noise, and the handling of flammable, combustible, toxic, or explosive materials. As a general rule, buffer areas should amount to approximately 40 percent of the area covered by structures, roadways, and materials handling and storage yards. Customer parking and advertising signs may be located in the buffer area.

(Ord. 517 Ch. 4 (part), 1978)

A.

Soil management requirements are intended to control excavation and construction in areas in which the soil may be contaminated as a result of prior activities and to promote the health, safety and welfare of persons occupying and using said properties.

B.

The governing body shall designate areas within industrial districts which may require remediation or management as a result of elevated hydrocarbons, metals or other refinery related contaminants in the soil.

C.

The area designated pursuant to subsection B, above, and subject to the requirements of this section is defined in the soil management implementation plan attached to and made a part of this section.

D.

In all areas designated by the governing body pursuant to subsection B, groundwater development and/or use is prohibited.

E.

In all areas designated by the governing body pursuant to subsection B, any development or ground disturbance will be in compliance with the soil management implementation plan attached to the ordinance implementation agreement dated April, 2017 between BP Products North America, Inc. and the town of Greybull ("ordinance implementation agreement"), agreement between BP and the town of Greybull dated April, 2017 and this section.

F.

In all areas designated by the governing body pursuant to subsection B, no zoning compliance permit shall be issued unless a zoning plan consistent with requirements of the industrial district, including land use, is submitted to the town of Greybull and is approved by the town of Greybull in writing.

G.

In all areas designated in subsection B and with an approved zoning plan, no foundation/utility permit or building permit shall be issued for any structure located below ground level except for the construction of the foundation, which foundation shall not exceed four feet in depth below ground level, and except for the construction, extension, maintenance, or repair of underground utility lines in designated corridors, along with any necessary connections from a structure to such utility lines and all such building permits shall be issued in the following manner:

1.

Zoning Compliance Permit. A zoning compliance permit shall be issued conditioned upon receipt of an acceptable plan, including the future land use, groundwater use, restrictive covenant, ordinance implementation agreement, applicable ordinance and any other agreements with BP compliance, etc. associated with the property and industrial district.

2.

Foundation/Utility Permit. A foundation/utility permit shall be issued conditioned upon receipt of an acceptable foundation/utility plan, including the handling and disposal of contaminated soils and other contaminated materials consistent with the ordinance implementation agreement, the soil management implementation plan, and any other applicable agreements to which the town of Greybull is a signatory and applicable local, state and federal regulations, including the town of Greybull.

3.

Building Permit. A building permit shall be issued by the town upon receipt of written notice from foundation/utility permitee that the foundation/utility was constructed pursuant to the issued permit and disposal of contaminated materials was completed in compliance with all local, state and federal regulations, after reviewed and approved by the town of Greybull.

H.

No amendment or modification shall be made to this section without prior written notice to BP Products North America, Inc. or its successors or assigns and to the Wyoming Department of Environmental Quality.

(Ord. No. 802, 4-3-2017; Ord. 736, 2006)

Soil use control area (UCA) restrictions apply within the area designated as the soil UCA boundary, shown on attachment 1 of the attached document. General restrictions applicable to the entire soil UCA boundary area are described in Sections 1.1 and 1.2 below. Additional specific restrictions applicable to the area within the debris consolidation area (DCA) UCA boundaries are described in Section 1.3. Additional restrictions applicable to the area within the containment unit UCA boundary are described in Section 1.4. Utility corridors have been established within the soil UCA boundary and restrictions related to utility installation are described in Section 1.5.

1.1 Soil UCA—Land Use Restrictions. The areas within the soil UCA boundary are limited to commercial/industrial uses, except for recreational use within the recreational/sports complex shown on attachment 1 of the attached document.

Other use restrictions include:

1.1.a If property within the soil UCA boundary is used for any purpose that requires or involves the use, generation, storage, transportation, or disposal of any flammable explosives, radioactive materials, hazardous wastes, toxic substances, contaminants, petroleum products, or related materials, including without limitation, any substances included in the definition of hazardous substances, hazardous wastes, hazardous materials, toxic substances, contaminants, or petroleum under any applicable federal, state or local laws, rules, ordinances or regulations (collectively "laws"), it shall be used in accordance with this soil UCA and all applicable laws.

1.1.b The property within the soil UCA boundary shall not be used for any purpose that may cause or result in a violation of any applicable laws.

1.1.c The property within the soil UCA boundary shall not be used for any purpose that is determined to create, cause, or result in risks to human health or the environment as determined by WDEQ, U.S. EPA or any other governmental agency having jurisdiction over property within the soil UCA boundary.

1.1.d The property within the soil UCA boundary shall not be used for any purpose not contemplated in a permit, final remediation plan or other applicable agreement or document, or decree or order, or for any purpose that interferes with the implementation or completion of any corrective and/or response actions required thereby.

1.1.e The property within the soil UCA boundary shall not be used for any purpose that may add to any contamination on or under the soil UCA boundary property(s), impact the implemented remedy, or that could delay or increase the cost of the investigation, clean up or remediation of any contamination on or under the soil UCA boundary property(s) without approval from BP and WDEQ.

1.2 Soil UCA—Development Restrictions. Within the soil UCA boundary, construction below ground surface (including basements) shall be prohibited, and no permit [e.g. zoning, foundation/utility, building, etc.] shall be issued by the town of Greybull, except 1) for the construction of the footing and/or foundation, which shall not exceed four feet in depth below ground level, 2) for the construction of utility chases or crawl spaces if the maximum depth does not exceed two feet below ground surface, 3) for the construction of underground utilities within designated utility corridors identified on attachment 3 of the attached document, 4) for the construction of utilities to/from a structure or foundation that takes the shortest and most direct route to one of the utility corridors identified in attachment 3 of the attached document without crossing a DCA UCA boundary or containment unit UCA boundary and 5) for permitted sanitary septic systems.

The remedy agreement will outline the required practices and standards for management of any allowable (and permitted) below-ground-surface construction that encounters potentially impacted soil, waste or sewer pipe within the soil UCA boundary. All excavation and above- or below-ground-surface construction (including fill, new construction, substantial improvements, and other excavation, construction or development) shall be conducted in accordance with all applicable laws and regulation, including without limitation Title 18, Chapter 18.20, Section 18.20.060 of the Greybull Town Code. All excavation and above- or below-ground-surface construction shall also comply with any applicable permitting requirements of the town of Greybull and any other entity with jurisdiction over such excavation/construction. Any potentially impacted soil, waste or sewer pipe within the soil UCA boundary that is encountered in the course of above- or below-ground-surface construction shall be managed in accordance with any then-applicable remedy agreement between BP and WDEQ or a soil management implementation plan approved by BP and the town of Greybull in lieu of an applicable remedy agreement between BP and WDEQ.

1.3 Soil UCA—DCAs Restrictions. Approximate DCA boundaries are shown on attachment 2 of the attached document. DCA restrictions are contained within this Soil UCA as appropriate for DCA soil and waste. Within the DCA waste left in place portions, only slab-on-grade construction (maximum six inches of below ground surface disturbance for site preparation) is allowed. All other construction, excavation, development is prohibited within the DCA waste left in place areas.

Outside of waste left in place areas, but within the DCA UCA boundary (see attachment 2 of the attached document), only slab-on-grade construction (maximum six inches of below ground surface disturbance for site preparation), shallow electrical (less than six inches below ground surface), perimeter fencing and light fixture foundations are allowed. All other construction, excavation, development is prohibited.

1.4 Soil UCA—Containment Unit Restrictions. Within the containment unit UCA boundary, all construction, excavation, development is prohibited except as required for maintenance or required by WDEQ. Attachment 2 of the attached document shows the containment unit UCA boundary.

1.5 Soil UCA—Utility Corridors. Below-grade utilities may only be constructed within designated utility corridors shown on attachment 3 of the attached document, unless connecting utilities directly from a permitted structure or foundation to the utility corridor utilizing the shortest reasonable path avoiding the DCA UCA boundary and/or the containment unit UCA boundary.

The soil UCA, DCA UCAs and containment unit UCA sub-areas and utility corridors outlined above are depicted on attachment 3 of the attached document. Legal descriptions of the soil UCA and both the DCA UCAs and the containment unit UCA sub-areas are provided in attachment 4 of the attached document.

(Ord. No. 826, § 1, 10-9-2017)

Editor's note— Attachments 1—4 as referenced above have not been set out, but may be inspected at the town office.

Groundwater use control area (UCA) restrictions apply within the area designated as the groundwater UCA boundary, shown on attachment 1 of the attached document.

Within the groundwater UCA boundary (see attachment 1 of the attached document), no water wells, either for potable or other use shall be installed or used with the exception of remediation, monitoring or investigation wells. No party shall install remediation, monitoring or investigation wells without the prior written consent of BP and WDEQ. In no event shall any groundwater within the groundwater UCA boundary be used as a potable supply of water.

(Ord. No. 827, § 1, 10-9-2017)

Editor's note— Attachment 1 as referenced above has not been set out, but may be inspected at the town office.