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Watford City City Zoning Code

ARTICLE XIXA

HEAVY INDUSTRIAL DISTRICT4


Footnotes:
--- (4) ---

Editor's note— Ord. No. 552, adopted March 2, 2020, amended Art. XIX(A) in its entirety to read as herein set out. Former Art. XIX(A) pertained to similar subject matter and derived from Ord. No. 252, adopted February 6, 2012; Ord. No. 390, adopted December 1, 2014; and Ord. No. 494, adopted September 11, 2018.


SECTION 1. - INTENT AND PURPOSE OF DISTRICT:

1.

The HI Heavy Industrial District is intended to provide for more intense industrial uses engaged in basic processing or manufacturing of products from raw materials and with tolerable levels of noise, dust, odor, vibration or smoke and to preclude encroachment of land uses such as residential uses that could conflict with the industrial and manufacturing environment. The HI Heavy Industrial Zone is appropriate in locations, which are suitable based upon adjacent land uses, access to transportation and the availability of public services and facilities.

(Ord. No. 552, 3-2-2020)

SECTION 2. - PERMITTED USES:

1.

All permitted uses allowed in the Industrial District

2.

Freight terminals

3.

Heavy manufacturing, processing, assembly, fabricating, and similar uses

4.

Outdoor Storage provided that:

1.

Any area(s) dedicated to such use are screened from public view, subject to Article VI of this Chapter.

2.

Drive aisles are paved or treated with an acceptable dust palliative Warehousing, distribution and ancillary office uses.

(Ord. No. 552, 3-2-2020)

SECTION 3. - CONDITIONAL USES:

1.

Automobile wrecker/salvage yard

2.

Asphalt or concrete batch plants

3.

Bulk fuel station

4.

Chemical manufacturing

5.

Cold storage facilities

6.

Disposal well site

7.

Foundry

8.

Gravel/Sand pit

9.

Junk yards

10.

Landfills

11.

Manufactured home storage and construction/demolition

12.

Manufacturing, processing, transfer or storage of explosives or certain other highly hazardous substances

13.

Manufacturing of hazardous, noxious, or corrosive products; by products of fish, meat or animals including slaughterhouses, fertilizer, glue etc.

14.

Milling

15.

Mining

16.

Motor Freight Terminal

17.

Off Road/Motor Cross Track or Driving School

18.

Ore dump

19.

Outdoor manufacturing

20.

Quarry, stone

21.

Racetrack, auto and motorcycle

22.

Rock crushing and stripping

23.

Sexually Oriented Businesses

24.

Storage of hazardous materials

25.

Compassionate Care Medical Marijuana Distribution Center*

26.

Compassionate Care Medical Marijuana Manufacturing Center*

* This use must comply with additional regulations set forth within the North Dakota Compassionate Care Act: NDCC 19-24 as well as the City of Watford City Municipal Code of Ordinances pertaining to Medical Marijuana.

Uses Not Listed as Permitted or Conditional. In those instances where a requested use is not listed above, the Zoning Administrator may determine whether the requested use meets the purpose and intent of the district and is like other uses allowed in the district, as permitted uses, special uses or accessory uses. In those instances where the applicant disagrees with the director's determination, the applicant may appeal the decision to the planning commission.

(Ord. No. 552, 3-2-2020)

SECTION 4. - INTENSITY OF USE REGULATIONS:

1.

A building, structure or use allowed in this district may occupy all that portion of a lot except for the area required for off-street parking, off-street loading and unloading and their access roads and as otherwise required in SECTIONS 6 and 7 below.

2.

In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the building or structure may cover the entire lot except as otherwise required in SECTION 6 below.

(Ord. No. 552, 3-2-2020)

SECTION 5. - HEIGHT REGULATIONS:

1.

When a building or structure is within one hundred fifty (150) feet of a residential district zone, said building or structure shall not exceed thirty-five (35) feet in height without an approved variance.

2.

When a building or structure is more than one hundred fifty (150) feet from a residential district zone, said building or structure shall not exceed fifty (50) feet in height without an approved variance.

(Ord. No. 552, 3-2-2020)

SECTION 6. - YARD REGULATIONS:

1.

Front Yard:

a)

A front yard of thirty (30) feet shall be required for uses permitted in this district except as provided in the additional height, area and use regulations of this ordinance.

2.

Side Yard and Rear Yard:

a)

No side yard or rear yard shall be required for uses in this district except where such use abuts a residential district zone, in which case there shall be required fifteen (15) feet of side and/or rear yard on the side of the lot and/or rear of the lot which abuts the residential district; however, in instances where buildings are taller than allowed without a variance, there shall be an additional setback requirement at a ratio of three (3) additional feet of setback for each ten (10) feet of height above thirty-five (35) feet or fifty (50) feet as allowed without a variance in Section 5 of this ordinance; said setback shall contain a fence or wall and a shrub border to screen residential zoned property from the proposed use. The wall or shrub border shall be adequately maintained by the property owner.

(Ord. No. 552, 3-2-2020)