The light/medium industrial district is established for the purpose of providing a zone for the conduct of light industrial, light manufacturing and assembly, high tech/data processing, commercial, and other business services that do not meet the highway business district (HBD) or general business district (GBD) requirements. The light/medium industrial zoning district excludes residential and industrial uses in order to foster an environment where light industry may operate without the undue risk of nuisance or liability suits. The purpose of this zone is to provide for the development of industrial, warehousing, and office facilities in a manner which does not cause adverse off-site environmental impacts.

(Ord. No. 820, 1-9-2017; Ord. No. 800, 10-13-2014)

A "use of right" is defined as any light/medium industrial commercial use which does not require a permit under the provisions of the lnternational Fire Code and which does not contribute toxic substances, heavy metals, or other unusual waste loads to the town's sewerage system. Example uses include: animal boarding kennel, boat building and repairs, cabinet shop, motion picture production studio, furniture manufacturing or assembly, cosmetic manufacturing, dairy product processing, heavy equipment sales and storage, livestock feed sales (no processing or manufacturing), contractor yard, animal hospital, taxidermist shop, automotive, agricultural, or heavy equipment repairs shop, manufacturing of instruments, jewelry, games, toys, and pharmaceuticals, manufacturing and/or assembly of electronic and/or computer components and devices, and commercial information and electronic data gathering, processing and computing operations. Other similar uses may be permitted, including any production, testing, processing, cleaning, servicing, repair or storage or wholesaling of materials, goods or products which conform with the performance standards set forth as follows for the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, glare or heat.

A.

Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which cause light on a public street, other than lights specifically intended for that purpose, shall not exceed one footcandle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed four footcandles (meter reading) as measured from said property. No light which is flashing, revolving, or otherwise resembles a traffic control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic.

B.

All materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent opaque wall or fence. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building in a light/medium industrial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is a type customarily displayed outdoors, such as automobiles and garden supplies.

C.

No exterior incineration of trash or garbage is permissible. No exterior storage of trash or garbage is permissible, except in closed containers.

D.

All environmental emissions (light, noise, dust/particulates, liquid, etc.) shall comply with all restrictions contained herein and shall be in compliance with, and regulated by, any applicable state of Wyoming or federal regulations.

(Ord. No. 820, 1-9-2017; Ord. No. 800, 10-13-2014)

A "conditional use" is defined as any light/medium industrial 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 a light/medium industrial location.

A.

Permitted Accessory Use.

1.

Construction trailers, or other temporary facilities used solely during construction or remodeling activities which result in the physical displacement of personnel and equipment. Duration shall not exceed the expiration date of the building permit.

2.

Personnel service facilities for those personnel employed in the principal use areas.

3.

Private detached garage.

4.

Signs consistent with the sign ordinance of the town.

(Ord. No. 820, 1-9-2017; Ord. No. 800, 10-13-2014)

Within the light/medium industrial district there is no permitted storage of flammable or combustible liquids in outside above ground tanks larger than 1,000-gallon capacity, or storage of liquefied petroleum gases, explosives, or blasting agents.

Other uses specifically prohibited within a light/medium industrial district are grain elevators; and the storage or handling of explosives, caustics, unstable flammable liquids, toxic or hazardous materials or substances.

(Ord. No. 820, 1-9-2017; Ord. No. 800, 10-13-2014)

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

A.

Any permitted 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.

No permitted use may contribute toxic substances, heavy metals, or other unusual waste loads to the town's sewerage system, groundwater, or air.

C.

All permitted uses must implement all reasonable safety measures to limit access to potentially hazardous areas (including but not limited to trenches, gratings, loose materials, stockpiles and electrical lines).

D.

All permitted uses must implement measures to limit excessive noises, glare, odors, and light on the property.

E.

All permitted uses shall not produce or emit any sound of 70 dBA or more at night (7:00 p.m. to 7:00 a.m.), and 80 dBA or more during the day (7:00 a.m. to 7:00 p.m.), as measured at 25 feet from any building located on the property so used.

F.

All permitted uses shall not produce or emit any odor that is detectable from 25 feet outside the property line of the property so used.

1.

An "odor" means an emission into the ambient air which stimulates human smell;

2.

An odor is "detectable" if it is sufficient in strength to be equal to but not greater than that detectable after seven dilutions with odor free air, as determined by a scent-o-meter as manufactured by the Barneby-Cheney Company, or any other instrument, device or technique designated by the Wyoming Department of Environmental Quality as producing equivalent results. The occurrence of odors shall be measured so that at least two measurements can be made within a period of one hour, these determinations being separated by at least 15 minutes.

G.

On all permitted use properties there shall be no outside storage of any supplies, materials, products or containers of any kind, except as restricted by Section 18.22.020(B).

H.

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

I.

On permitted use parcels, any sign, insignia or identification number for any structure shall not exceed eight feet by six feet. Such sign, insignia or identification number shall be aesthetically pleasing and, if artificial lighting is used for the sign, such lighting shall be only an amount necessary for it to be legible to passing motorists and meet the restrictions in Section 18.22.020(A).

(Ord. No. 820, 1-9-2017; Ord. No. 800, 10-13-2014)

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 18.22.060 is defined in the soil management implementation plan attached to and made a part of this ordinance [from which this section is derived.]

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 ordinance.

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 Section 18.22.060 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. 820, 1-9-2017; Ord. No. 800, 10-13-2014; Ord. No. 828, § 1, 10-9-2017)

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

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, § 2, 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, § 2, 10-9-2017)

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