Williston, ND Zoning Ordinance

Williston City Zoning Code

SECTION 21a

HCC: Highway Corridor Comercial District

[Ord. No. 1060, Ord. No. 1075, Ord. No. 1092]

Intent. Prior to the growth beginning in the mid 2000's and before the City urban area expanded along the corridor the nature of development was more industrial oriented. The intent of this district is a specific purpose zoning district that will allow for a mix of commercial to light industrial uses and development standards to work with the existing pattern of development that has occurred along the principal arterial highway corridor. Further it is intended to achieve the goals of the comprehensive plan of developing an urban entryway. These goals include: 1) identify physical features that improve the appearance of existing development at the gateways to the City, and work with property owners to implement these features; 2) establish zoning which requires higher industrial development standards to ensure that future development and redevelopment contributes to a positive image of the community. The goals serve to meet the input of the community to transition the corridor into more of an urban corridor entryway.

The industrial uses permitted do not include heavy nuisance industry uses that may be incompatible with promoting a mix of commercial and light industrial uses that serve to promote an urban entryway. The district is further intended to provide services for motorists and to provide for non-pedestrian oriented retail, wholesale, service and repair and light industrial uses. Uses in this district are intended for operations which do not generate large volumes of heavy truck traffic, do not emit significant amounts of noise, smoke, dust, odors or glare that would interfere with adjacent residential areas. This district would not be intended for residential uses.

These regulations establish development standards and conditions through which uses may be located in this zone.

The allowable uses in this district shall not be limited to those enumerated as permitted uses and structures or special permitted uses; however, all uses shall be similar in character. Also, uses similar to those specified in the district shall not be dangerous or detrimental to persons living or working in the vicinity, or to the public welfare, nor shall they impair the use, enjoyment or value of any property in the district.

District implementation. This zone would only be applied to corridor areas as determined appropriate for this zone by the Planning and Zoning Commission and City Commission.

Permitted principal uses and structures. The following uses shall be permitted:

Commercial Uses:
1.	Small business machine sales, repair and service shops, auto supply stores, bicycle shops, carpenter and cabinet shops, and household appliance repair shops.
2.	Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, commercial recreation uses, games of chance, dance halls, night clubs, roller or ice skating facilities.
3.	Antique shops and stores, providing all merchandise is displayed and sold inside a building, art and art supply stores.
4.	Apparel and accessory stores, clothing and costume rental shops, custom dressmaking shops, furrier shops, tailor shops, department stores, jewelry and metal and handicraft stores, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic goods stores, toy stores, and variety stores, and other specialty shops.
5.	Governmental services.
6.	Banks and other savings and lending institutions, office and office buildings, office supply and office equipment stores, newspaper offices, printing offices, and publishing offices.
7.	Barber and beauty shops, dry cleaning and laundry establishments, book and stationary stores, cigar and tobacco shops, drug stores, florist, and gift shops.
8.	Business and technical schools; schools for photography, music, and dance; music stores; photographic studios; and picture frame shops.
9.	Delicatessen and catering establishments, grocery stores, and restaurants.
10.	Furniture and home furnishing stores, hardware stores, household appliance stores, interior decorating shops.
11.	Hotels, motels, private clubs.
12.	Medical, dental, and health clinics; medical and orthopedic appliance stores; optician and optometrist shops.
13.	Hospitals and medical complexes.
14.	Mortuaries.
15.	Railroads and railroad right-of-ways.
16.	Wholesale establishments.
17.	Greenhouses, plant nurseries, taxidermy shops.

Industrial Uses:
1.	Small business machine sales, tire sales and service, repair and service shops, auto supply stores, carpenter and cabinet shops, and household appliance repair shops.
2.	Plumbing shops, sheet metal shops, roofing shops, mini-storage buildings.
3.	Contractor or commercial service business, offices, and associated storage repair yards (This would include oilfield service contractors).
4.	Airports, railroads, essential public utilities, and public service installations.
5.	Light manufacturing industries consisting of the processing and treatment of goods and foodstuffs, except fish, meat products, vinegar and yeast.
6.	Other light manufacturing and assembly plants.
7.	Bottling plants.
8.	Automobile, mobile home, recreational vehicle, or equipment sales.
9.	Building material yards and lumber yards (Not including: wholesale oilfield pipe yards; storage/stacking laydown yards for oilfield equipment/tanks as a primary use).
10.	Gasoline or service stations, car washes.
11.	Heavy commercial truck shops (This would not include truck stops and freight terminals).
12.	Animal hospitals or veterinary clinic.
13.	Radio and television transmitting stations.
14.	Pet shops, indoor kennels and boarding.

Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including solar energy systems.

Special permitted uses. The following shall be considered for special permitted uses:

Storage of hazardous materials, subject to locally adopted Fire Code and State Building Code regulations.

Storage of liquefied petroleum gases, subject to locally adopted Fire Code regulations.

Storage of Special Industrial Explosive Device(s) under 50 pounds, subject to the locally adopted Fire Code and State Building Code regulations.

Underground oil and gas storage facilities, as approved by the City Building Official and Fire Chief.

Storage of flammable liquids above-grade, and wholesale, subject to locally adopted Fire Code regulations.

Outdoor RV/boat storage (Note: new use added, should be conditioned for surface requirements and fencing/screening as appropriate to the proposed location).

Grain and feed mills, grain elevators.

Compassion Center — Distributer.[1]

[1]

Editor's Note: See Appendix A for additional provisions and Exception Parcels Exhibit.

Temporary uses. In compliance with Section 25.O and most recent amendments.

Minimum lot requirements.

Front yard - as described in Subsection L. Design Criteria.

Side yard - none, except for as described in Subsection L. Design Criteria.

Rear yard - none, except for as described in Subsection L. Design Criteria.

Parcels abutting residential parcels - a twenty-foot non-buildable setback must be maintained along the shared parcel line with a residential zoning district including residential on an agriculture zoned lot.

Minimum yard requirements. None.

Maximum lot coverage by buildings. None.

Maximum height of buildings. The maximum height of any building shall be 100 feet.

Seventy-five feet from Residential: Structures or portions of structures may not exceed 35 feet in height within 75 feet of any single-family residential zoning district.

Seventy-six to 100 feet from Residential: Structures or portions of structures may not exceed 45 feet in height when located 76 to 100 feet from any single family residential zoning district.

One-hundred one to 150 feet from Residential: Structures or portions of structures may not exceed 55 feet in height when located 101 to 150 feet from any single family residential zoning district.

Sign limitations. See Section 25.G. General Sign Regulations and most recent amendment.

Design criteria.

Building placement. Developments should maximize the amounts of parking and storage located to the side or rear of buildings and should locate buildings near their primary fronting streets, in order to avoid large parking lots and storage areas along primary streets. Where property faces the highway corridor the highway corridor is the primary frontage regardless of access.

Where a property fronts a right-of-way, there shall be a front yard landscape setback area from the right of way of not less, than 15 feet, which shall be maintained regardless of parking with no more than one bay (a double row) of parking between the building and the edge of the required landscape area.

If a property has a double frontage, parking shall be limited as above along the frontage fronting the highway corridor, while the secondary frontage shall be landscaped as appropriate based on Ordinance No. 1007 or most recent amendments, but shall not be limited to a single bay of parking.

Landscaping/screening. All landscaping, screening and parking lot perimeter landscaping shall be in compliance with Ordinance No. 1007 or most recent amendments.

Any area used for storage must be screened pursuant to Ordinance No. 1007, Section 4C or more recent amendments and fenced from any right-of-way.

Lots which are used only for outdoor storage must be fully screened from the corridor, as pursuant to Ordinance No. 1007, Section 4C or more recent amendments, including the use of fencing and landscaping.

Buffer yard requirement. Buffer yards between other districts shall be in compliance with Ordinance No. 1007 or most recent amendments. Requirements shall be those for commercial districts between any Agricultural, Residential, or Parks and open space zone in the ordinance.

Parking and access. All required access and parking shall be hard surface with hot mix asphalt or concrete. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.

Yard storage areas. Yard storage areas shall be surfaced with materials and recommended specifications below per approval by the City Engineering Department that are stabilized and placed upon a graded and prepared subgrade that provide a dust free/mud free surface. Storage yards are to be maintained as to not create blowing dust or tracking of mud onto streets.

The storage yard area shall be surfaced with one of the following:

(i)

Six inches of concrete pavement with a six inch aggregate base placed upon a graded and prepared subgrade.

(ii)

Four inches of asphalt pavement — paved in two lifts — with a six inch aggregate placed upon a graded and prepared subgrade.

(iii)

Six inches of three inch minus scoria surface placed upon a graded and prepared subgrade.

(iv)

Six inches of three inch minus milled or crushed asphalt watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(v)

Six inches of material meeting the NDDOT specified gradation for Salvaged Base Course watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(vi)

Six inches of material meeting NDDOT specified gradation for Class 3 Course Concrete Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

For less intensive and more passive use storage yards in which semi-trucks are not used, the yard area for storage and parking of equipment may also be surfaced with one of the following:

(i)

Six inches of material meeting NDDOT specified graduation for Class 5 Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(ii)

Six inches of material meeting NDDOT specified graduation for Class 13 Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

Alternative surfacing plans:

(i)

Alternative surfacing types and combinations may be proposed to the City Engineering Department for review and approval when demonstrated that the proposal can provide a dust-free, mud-free surface that meet the goals of this ordinance and can be feasibly maintained for continued compliance with the ordinance.

(ii)

For display areas and very low activity areas grass surfaces may be proposed when demonstrated that the grass surface can be maintained and kept alive in conjunction with the intended use providing a dust-free, mud-free surface while meeting the goals of this ordinance. Grass needs to be mowed and the area needs to maintain compliance with the property maintenance code.

Heavy truck and equipment parking:

(i)

A separate private parking and storage area used for business owned equipment and heavy trucks which are used in the operation of the business located on the premise may be utilized. This parking and storage area does not need to be hard surfaced (concrete or hot mix asphalt) and may instead be surfaced as noted above for storage yards. This area must be screened and landscaped according to the standards pertaining to storage yards set forth in this ordinance. Any public use traffic areas used for heavy trucks using the services of the business and all required parking and access must be hard surfaced with concrete or hot mix asphalt.

Phased development allowances. Any new areas of development required to be hard surfaced according to this ordinance must be completed at time of development, prior to being issued a certificate of occupancy.

Pre-existing, non-conforming lots which are required to come into compliance based on the Zoning Ordinance (This requirement is enacted in the case of: new building permits or expansion of existing buildings after the effective date of this ordinance amendment and which increase the floor area by more than 1,000 square feet or 10% of the existing building footprint area, whichever is greater; or two or more expansions of square footage on the site that, in total, exceed 1,000 square feet or 10% of the existing building footprint area, whichever is greater) must do so at time of development, prior to being issued a certificate of occupancy. Alternatively, a property may, at time of building permit application, apply for a phasing permit to allow the non-conforming portion of the property to come into compliance over a period of time. To request a phasing permit for the non-conforming portions of the property, the applicant must submit a written request to the Planning and Zoning Department outlining the need for a phased time allowance to complete the required improvements. The written request must include a phased plan drawing that shows the areas to be improved, use and activity level for each phase and the timed order in which each phase will be implemented. The highest activity areas must be addressed in the earliest stages of the phased plan. The storage area phases must utilize the surfacing standards laid out in Subsection L above.

As part of a phased plan approved by the Planning and Zoning and City Engineering Departments, lots may be allowed up to two construction seasons per two acres for completion of surfacing. Property owners working within a phased plan must complete two acres of surfacing every two construction seasons. However, a full acre does not need to be completed each year (i.e. grading of the full two acres could take place in year one, while final surfacing could take place in year two). Starting and completing 10 acres of surfacing in year 10 would not meet the requirements of this ordinance.

For example:

A property of two acres and less may have up to two construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

A property of more than two acres and up to four acres may have up to four construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

A property of over four acres and up to six acres may have up to six construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

For every additional two acres, a property would be able to utilize an additional two construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

The phasing permit and plan must be approved by the Planning and Zoning Department and City Engineering Department.

Comprehensive plan consistency. This specific purpose zoning district is intended to implement specified areas as identified in the comprehensive plan. This zoning district is set up as a special purpose district implemented at the direction of the City. If an area were considered other than the area defined in the comprehensive plan, a comprehensive plan amendment would be needed for its recommendation by the City for consideration.

EXHIBITS

Exception Parcels is included as an attachment to this chapter.

Williston City Zoning Code

SECTION 21a

HCC: Highway Corridor Comercial District

[Ord. No. 1060, Ord. No. 1075, Ord. No. 1092]

These regulations establish development standards and conditions through which uses may be located in this zone.

District implementation. This zone would only be applied to corridor areas as determined appropriate for this zone by the Planning and Zoning Commission and City Commission.

Permitted principal uses and structures. The following uses shall be permitted:

Commercial Uses:
1.	Small business machine sales, repair and service shops, auto supply stores, bicycle shops, carpenter and cabinet shops, and household appliance repair shops.
2.	Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, commercial recreation uses, games of chance, dance halls, night clubs, roller or ice skating facilities.
3.	Antique shops and stores, providing all merchandise is displayed and sold inside a building, art and art supply stores.
4.	Apparel and accessory stores, clothing and costume rental shops, custom dressmaking shops, furrier shops, tailor shops, department stores, jewelry and metal and handicraft stores, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic goods stores, toy stores, and variety stores, and other specialty shops.
5.	Governmental services.
6.	Banks and other savings and lending institutions, office and office buildings, office supply and office equipment stores, newspaper offices, printing offices, and publishing offices.
7.	Barber and beauty shops, dry cleaning and laundry establishments, book and stationary stores, cigar and tobacco shops, drug stores, florist, and gift shops.
8.	Business and technical schools; schools for photography, music, and dance; music stores; photographic studios; and picture frame shops.
9.	Delicatessen and catering establishments, grocery stores, and restaurants.
10.	Furniture and home furnishing stores, hardware stores, household appliance stores, interior decorating shops.
11.	Hotels, motels, private clubs.
12.	Medical, dental, and health clinics; medical and orthopedic appliance stores; optician and optometrist shops.
13.	Hospitals and medical complexes.
14.	Mortuaries.
15.	Railroads and railroad right-of-ways.
16.	Wholesale establishments.
17.	Greenhouses, plant nurseries, taxidermy shops.

Industrial Uses:
1.	Small business machine sales, tire sales and service, repair and service shops, auto supply stores, carpenter and cabinet shops, and household appliance repair shops.
2.	Plumbing shops, sheet metal shops, roofing shops, mini-storage buildings.
3.	Contractor or commercial service business, offices, and associated storage repair yards (This would include oilfield service contractors).
4.	Airports, railroads, essential public utilities, and public service installations.
5.	Light manufacturing industries consisting of the processing and treatment of goods and foodstuffs, except fish, meat products, vinegar and yeast.
6.	Other light manufacturing and assembly plants.
7.	Bottling plants.
8.	Automobile, mobile home, recreational vehicle, or equipment sales.
9.	Building material yards and lumber yards (Not including: wholesale oilfield pipe yards; storage/stacking laydown yards for oilfield equipment/tanks as a primary use).
10.	Gasoline or service stations, car washes.
11.	Heavy commercial truck shops (This would not include truck stops and freight terminals).
12.	Animal hospitals or veterinary clinic.
13.	Radio and television transmitting stations.
14.	Pet shops, indoor kennels and boarding.

Special permitted uses. The following shall be considered for special permitted uses:

Storage of hazardous materials, subject to locally adopted Fire Code and State Building Code regulations.

Storage of liquefied petroleum gases, subject to locally adopted Fire Code regulations.

Storage of Special Industrial Explosive Device(s) under 50 pounds, subject to the locally adopted Fire Code and State Building Code regulations.

Underground oil and gas storage facilities, as approved by the City Building Official and Fire Chief.

Storage of flammable liquids above-grade, and wholesale, subject to locally adopted Fire Code regulations.

Outdoor RV/boat storage (Note: new use added, should be conditioned for surface requirements and fencing/screening as appropriate to the proposed location).

Grain and feed mills, grain elevators.

Compassion Center — Distributer.[1]

[1]

Editor's Note: See Appendix A for additional provisions and Exception Parcels Exhibit.

Temporary uses. In compliance with Section 25.O and most recent amendments.

Minimum lot requirements.

Front yard - as described in Subsection L. Design Criteria.

Side yard - none, except for as described in Subsection L. Design Criteria.

Rear yard - none, except for as described in Subsection L. Design Criteria.

Minimum yard requirements. None.

Maximum lot coverage by buildings. None.

Maximum height of buildings. The maximum height of any building shall be 100 feet.

Seventy-five feet from Residential: Structures or portions of structures may not exceed 35 feet in height within 75 feet of any single-family residential zoning district.

Seventy-six to 100 feet from Residential: Structures or portions of structures may not exceed 45 feet in height when located 76 to 100 feet from any single family residential zoning district.

One-hundred one to 150 feet from Residential: Structures or portions of structures may not exceed 55 feet in height when located 101 to 150 feet from any single family residential zoning district.

Sign limitations. See Section 25.G. General Sign Regulations and most recent amendment.

Design criteria.

Landscaping/screening. All landscaping, screening and parking lot perimeter landscaping shall be in compliance with Ordinance No. 1007 or most recent amendments.

Any area used for storage must be screened pursuant to Ordinance No. 1007, Section 4C or more recent amendments and fenced from any right-of-way.

The storage yard area shall be surfaced with one of the following:

(i)

Six inches of concrete pavement with a six inch aggregate base placed upon a graded and prepared subgrade.

(ii)

Four inches of asphalt pavement — paved in two lifts — with a six inch aggregate placed upon a graded and prepared subgrade.

(iii)

Six inches of three inch minus scoria surface placed upon a graded and prepared subgrade.

(iv)

Six inches of three inch minus milled or crushed asphalt watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(v)

Six inches of material meeting the NDDOT specified gradation for Salvaged Base Course watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(vi)

Six inches of material meeting NDDOT specified gradation for Class 3 Course Concrete Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

For less intensive and more passive use storage yards in which semi-trucks are not used, the yard area for storage and parking of equipment may also be surfaced with one of the following:

(i)

Six inches of material meeting NDDOT specified graduation for Class 5 Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(ii)

Six inches of material meeting NDDOT specified graduation for Class 13 Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

Alternative surfacing plans:

(i)

(ii)

Heavy truck and equipment parking:

(i)

For example:

A property of two acres and less may have up to two construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

A property of more than two acres and up to four acres may have up to four construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

A property of over four acres and up to six acres may have up to six construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

For every additional two acres, a property would be able to utilize an additional two construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

The phasing permit and plan must be approved by the Planning and Zoning Department and City Engineering Department.

EXHIBITS

Exception Parcels is included as an attachment to this chapter.

Williston City Zoning Code

SECTION 21a

HCC: Highway Corridor Comercial District

[Ord. No. 1060, Ord. No. 1075, Ord. No. 1092]

These regulations establish development standards and conditions through which uses may be located in this zone.

District implementation. This zone would only be applied to corridor areas as determined appropriate for this zone by the Planning and Zoning Commission and City Commission.

Permitted principal uses and structures. The following uses shall be permitted:

Commercial Uses:
1.	Small business machine sales, repair and service shops, auto supply stores, bicycle shops, carpenter and cabinet shops, and household appliance repair shops.
2.	Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, commercial recreation uses, games of chance, dance halls, night clubs, roller or ice skating facilities.
3.	Antique shops and stores, providing all merchandise is displayed and sold inside a building, art and art supply stores.
4.	Apparel and accessory stores, clothing and costume rental shops, custom dressmaking shops, furrier shops, tailor shops, department stores, jewelry and metal and handicraft stores, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic goods stores, toy stores, and variety stores, and other specialty shops.
5.	Governmental services.
6.	Banks and other savings and lending institutions, office and office buildings, office supply and office equipment stores, newspaper offices, printing offices, and publishing offices.
7.	Barber and beauty shops, dry cleaning and laundry establishments, book and stationary stores, cigar and tobacco shops, drug stores, florist, and gift shops.
8.	Business and technical schools; schools for photography, music, and dance; music stores; photographic studios; and picture frame shops.
9.	Delicatessen and catering establishments, grocery stores, and restaurants.
10.	Furniture and home furnishing stores, hardware stores, household appliance stores, interior decorating shops.
11.	Hotels, motels, private clubs.
12.	Medical, dental, and health clinics; medical and orthopedic appliance stores; optician and optometrist shops.
13.	Hospitals and medical complexes.
14.	Mortuaries.
15.	Railroads and railroad right-of-ways.
16.	Wholesale establishments.
17.	Greenhouses, plant nurseries, taxidermy shops.

Industrial Uses:
1.	Small business machine sales, tire sales and service, repair and service shops, auto supply stores, carpenter and cabinet shops, and household appliance repair shops.
2.	Plumbing shops, sheet metal shops, roofing shops, mini-storage buildings.
3.	Contractor or commercial service business, offices, and associated storage repair yards (This would include oilfield service contractors).
4.	Airports, railroads, essential public utilities, and public service installations.
5.	Light manufacturing industries consisting of the processing and treatment of goods and foodstuffs, except fish, meat products, vinegar and yeast.
6.	Other light manufacturing and assembly plants.
7.	Bottling plants.
8.	Automobile, mobile home, recreational vehicle, or equipment sales.
9.	Building material yards and lumber yards (Not including: wholesale oilfield pipe yards; storage/stacking laydown yards for oilfield equipment/tanks as a primary use).
10.	Gasoline or service stations, car washes.
11.	Heavy commercial truck shops (This would not include truck stops and freight terminals).
12.	Animal hospitals or veterinary clinic.
13.	Radio and television transmitting stations.
14.	Pet shops, indoor kennels and boarding.

Special permitted uses. The following shall be considered for special permitted uses:

Storage of hazardous materials, subject to locally adopted Fire Code and State Building Code regulations.

Storage of liquefied petroleum gases, subject to locally adopted Fire Code regulations.

Storage of Special Industrial Explosive Device(s) under 50 pounds, subject to the locally adopted Fire Code and State Building Code regulations.

Underground oil and gas storage facilities, as approved by the City Building Official and Fire Chief.

Storage of flammable liquids above-grade, and wholesale, subject to locally adopted Fire Code regulations.

Outdoor RV/boat storage (Note: new use added, should be conditioned for surface requirements and fencing/screening as appropriate to the proposed location).

Grain and feed mills, grain elevators.

Compassion Center — Distributer.[1]

[1]

Editor's Note: See Appendix A for additional provisions and Exception Parcels Exhibit.

Temporary uses. In compliance with Section 25.O and most recent amendments.

Minimum lot requirements.

Front yard - as described in Subsection L. Design Criteria.

Side yard - none, except for as described in Subsection L. Design Criteria.

Rear yard - none, except for as described in Subsection L. Design Criteria.

Minimum yard requirements. None.

Maximum lot coverage by buildings. None.

Maximum height of buildings. The maximum height of any building shall be 100 feet.

Seventy-five feet from Residential: Structures or portions of structures may not exceed 35 feet in height within 75 feet of any single-family residential zoning district.

Seventy-six to 100 feet from Residential: Structures or portions of structures may not exceed 45 feet in height when located 76 to 100 feet from any single family residential zoning district.

One-hundred one to 150 feet from Residential: Structures or portions of structures may not exceed 55 feet in height when located 101 to 150 feet from any single family residential zoning district.

Sign limitations. See Section 25.G. General Sign Regulations and most recent amendment.

Design criteria.

Landscaping/screening. All landscaping, screening and parking lot perimeter landscaping shall be in compliance with Ordinance No. 1007 or most recent amendments.

Any area used for storage must be screened pursuant to Ordinance No. 1007, Section 4C or more recent amendments and fenced from any right-of-way.

The storage yard area shall be surfaced with one of the following:

(i)

Six inches of concrete pavement with a six inch aggregate base placed upon a graded and prepared subgrade.

(ii)

Four inches of asphalt pavement — paved in two lifts — with a six inch aggregate placed upon a graded and prepared subgrade.

(iii)

Six inches of three inch minus scoria surface placed upon a graded and prepared subgrade.

(iv)

Six inches of three inch minus milled or crushed asphalt watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(v)

Six inches of material meeting the NDDOT specified gradation for Salvaged Base Course watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(vi)

Six inches of material meeting NDDOT specified gradation for Class 3 Course Concrete Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

For less intensive and more passive use storage yards in which semi-trucks are not used, the yard area for storage and parking of equipment may also be surfaced with one of the following:

(i)

Six inches of material meeting NDDOT specified graduation for Class 5 Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

(ii)

Six inches of material meeting NDDOT specified graduation for Class 13 Aggregate watered and rolled until stabilized and placed upon a graded and prepared subgrade.

Alternative surfacing plans:

(i)

(ii)

Heavy truck and equipment parking:

(i)

For example:

A property of two acres and less may have up to two construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

A property of more than two acres and up to four acres may have up to four construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

A property of over four acres and up to six acres may have up to six construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

For every additional two acres, a property would be able to utilize an additional two construction seasons to complete any surfacing required to bring a non-conforming lot into compliance.

The phasing permit and plan must be approved by the Planning and Zoning Department and City Engineering Department.

EXHIBITS

Exception Parcels is included as an attachment to this chapter.