Williston City Zoning Code
SECTION 22
M-I: Light industrial district.
[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 716, Ord. No. 732, Ord. No. 749, Ord. No. 809, Ord. No. 850, Ord. No. 864, Ord. No. 865, Ord. No. 945, Ord. No. 959, Ord. No. 1007, Ord. No. 1025, Ord. No. 1026, Ord. No. 1028, Ord. No. 1050, Ord. No. 1052, Ord. No. 1062]
A.
Intent. This district is intended to include lands suited by topography and other natural conditions for light industrial development, including light manufacturing, processing, storage, wholesaling, and distribution operations, and other and operations which do not require large numbers of workers; do not generate heavy truck traffic, do not emit significant amounts of noise, smoke, dust or glare; and do not require large volumes of public water or sewer. Limited commercial use is allowed in this district to serve the uses for which the district is primarily intended. Sewer, water, fire protection, and other essential services shall be provided either by public utilities or approved private means.
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.
B.
Minimum dimensional requirements. The minimum area for Industrial Districts shall be 20 acres. Industrial Districts of less than 20 acres are allowed provided they abut another Industrial District and the combined acreage of the districts is 20 acres or more. Different Industrial Districts such as Light Industrial, Heavy Industrial, and Industrial Park Districts may abut each other; however, the districts and uses therein must remain separate.
C.
Permitted principal uses and structures. The following uses shall be permitted:
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.
Furniture and home furnishings stores, hardware stores, household appliance stores, interior decorating shops.
3.
Plumbing shops, sheet metal shops, roofing shops, mini-storage buildings.
4.
Contractor or commercial service businesses, offices, and associated storage repair yards.
5.
Trucking, moving and storage, and freight terminals.
6.
Airports, railroads, essential public utilities, and public service installations.
7.
Grain and feed mills, grain elevators.
8.
Underground oil and gas storage facilities, as approved by the City Building Official and Fire Chief.
9.
Storage of flammable liquids above-grade, and wholesale, subject to locally adopted Fire Code regulations.
10.
Storage of liquefied petroleum gases, up to 50,000 gallons, subject to locally adopted Fire Code regulations.
11.
Light manufacturing industries consisting of the processing and treatment of goods and foodstuffs, except alcohol or alcoholic beverages, fish, meat products, vinegar and yeast.
12.
Other light manufacturing and assembly plants.
13.
Bottling plants.
14.
Automobile, mobile home, recreational vehicle, or equipment sales.
15.
Building material yards and lumber yards.
16.
Concrete mixing and concrete products manufacturing plants.
17.
Gasoline or service stations, car washes, and truck-stop service and eating facilities.
18.
Animal hospitals or veterinary clinic.
19.
Radio and television transmitting stations.
20.
Pet shops.
D.
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.
E.
Special permitted uses. The following shall be considered for special permitted uses:
1.
Storage of hazardous materials, subject to locally adopted Fire Code and State Building Code regulations.
2.
Storage of liquefied petroleum gases, over 50,000, subject to locally adopted Fire Code regulations.
3.
Storage of special industrial explosive device(s) under 50 pounds, subject to the locally adopted Fire Code and State Building Code regulations.
4.
Junkyard, auto wrecking yard or salvage yard subject to the following conditions:
(i)
Located on a tract of land at least 300 feet from a Residential District zone.
(ii)
The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a solid fence or wall at least six feet high. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence or wall shall be installed in such a manner as to retain all scrap, junk, or other material within the yard.
(iii)
No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence or wall, or within the public right-of-way.
5.
Commercial recreation uses.
6.
Games of chance.
7.
Taverns, lounges, restaurants, package liquor stores and bait shops.
8.
Office and office buildings.
9.
Vocational or training schools.
F.
Temporary uses. None, other than those allowed under Section 25.O.
H.
Minimum yard requirements. None.
I.
Maximum lot coverage by buildings. None.
J.
Minimum floor area. None.
K.
Maximum height of buildings. The maximum height of any building shall be 100 feet.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
N.
Other requirements.
1.
A buffer zone is required where any Light Industrial District abuts a Residential District. Buffer zones shall be determined by the Planning Director and shall be a maximum of 30 feet in depth from the property line of a lot zoned Residential or from a street right-of-way which separates the Light Industrial District from a Residential District. The buffer zone shall be used for walls, fences, or similar devices as required by the Planning Director.
2.
In the Downtown District, designated by the Exhibit Map and the Downtown Plan, adopted in 2014 by the Williston City Commission, there are building materials that are inappropriate for a downtown area and are inconsistent with the Downtown Plan. To further the goals of the Downtown Plan, and as established by Resolution No. 16-063 property owners applying for building permits within the downtown area must apply to the Design Review Board prior to applying for building permits. The Design Review Board will ensure a building's consistency with the Downtown Plan and Downtown Design Review Guidelines. Any exterior modification in the Downtown District is required to be presented to the Downtown Design Review Board, regardless of whether the work requires a building permit.
Note: See also Section 25.R. Landscaping and Section 25.S. Buffer Yards.
O.
Limited permitted use for temporary workforce housing.
1.
Definitions.
a.
TEMPORARY WORKFORCE HOUSING - Shall mean one or all of the following meanings: 1) employee housing, which may or may not be located on a principal heavy industrial parcel to be occupied by employees of a requesting business which use is temporary and having received approval pursuant to City of Williston Ordinance No. 925; 2) employee housing, which consists of one or more workforce lodging units, ordinarily designed for human living quarters which may or may not be real property as defined in Section 57-02-04, N.D.C.C, and this type of employee housing has been granted by a conditional use permit by Williams County; and/or 3) employee housing which is not otherwise permitted without receiving a special grant by the City of Williston through the applicable special permitted use process or by Williams County through the applicable conditional use permit process Zoning Ordinance.
b.
LIMITED PERMITTED USE - A use of land in conformity with the uses temporarily permitted under a zoning classification which use is expressly subject to expire and terminate at the end of a fixed period. The intent of a limited permitted use is to allow a use of land for a temporary basis which is in conformity with a zoning classification but otherwise subject to what is known as a sunset law with such use becoming a non-permitted use at the end of a fixed period.
2.
City of Williston approved temporary workforce housing. So long as the temporary workforce housing meets and complies with all requirements provided in Subsections O.4, 5, 6, 7 and 10 below, existing temporary workforce housing approved under and in accordance with City of Williston Ordinance No. 925 whose special permitted use permit expired on or before December 31, 2015, shall be considered a conforming limited permitted use as follows: 1) the temporary workforce housing facility may occupy their structures until September 1, 2016; 2) the temporary workforce housing facility shall have until May 1, 2018 to remove their facility to an area zoned for outdoor storage; and 3) the temporary workforce housing facility shall have until August 1, 2018 to undertake site reclamation.
3.
Williams county approved temporary workforce housing. So long as the temporary workforce housing meets and complies with all requirements provided in Subsections O.4, 5, 6, 7 and 10 below, existing temporary workforce housing approved under and in accordance with the applicable Williams County Zoning ordinance and Williams County's designated permit process resulting in a valid conditional use permit being issued by Williams County with said existing temporary workforce housing then becoming subject to the requirements of the City of Williston Zoning Ordinance and City of Williston Resolution 13-127 upon being annexed into the City of Williston corporate boundary or subject to the extra-territorial jurisdiction of the City of Williston shall be considered a conforming limited permitted use as follows: 1) the temporary workforce housing facility may occupy their structures until September 1, 2016; 2) the temporary workforce housing facility shall have until May 1, 2018 to remove their facility to an area zoned for outdoor storage; and 3) the temporary workforce housing facility shall have until August 1, 2018 to undertake site reclamation. Williams County Approved Temporary Workforce Housing, as described herein, shall be subject to the limited exceptions described in Subsection O.9 herein.
4.
Application requirements.
a.
Application fee. An application fee of $400 payable to the City of Williston, is required for any request to become a limited permitted use as defined herein which is located within the corporate boundaries of the City of Williston or the extra-territorial jurisdiction of the City of Williston.
b.
Application form. Submit a completed form providing information required to evaluate the request to become a limited permitted use. This form shall be supplied by the Williston City Planning Department.
c.
Verification of settlement of outstanding fees owed to City of Williston or Williams County. Documentation that any outstanding bed fees owed to City of Williston, if located within the corporate City boundaries, or Williams County, if located within the extra-territorial jurisdiction of the City of Williston, for temporary workforce housing facilities have been paid in full to the appropriate jurisdiction. No review of the limited permitted use application will begin if any fees are outstanding to the City of Williston or Williams County.
d.
Per bed fee. A per-bed fee of $400 for the period of January 1, 2016, to September 1, 2016 for all temporary workforce housing facilities located in the corporate boundaries of the City of Williston which are not taxed as real estate or motor vehicles. A per-bed fee, as adopted by Williams County, for the period of January 1, 2016, to September 1, 2016, for all temporary workforce housing facilities located in the extra-territorial jurisdiction of the City of Williston which are not taxed as real estate or motor vehicles. City staff may inspect the temporary workforce housing facility to verify the number of beds.
e.
Site plan. A plan, if not already provided to the City of Williston, of the entire site, drawn to scale, depicting and identifying all existing structures, roadways, access from dedicated public roadways, parking, fire hydrants, surface drainage, connections to water and sewer/septic, propane tanks, and other information the City may require.
f.
Emergency response and security plan. A written plan, if not already provided to the City of Williston, for fire suppression, emergency vehicle circulation, and on-site security.
g.
Facility rules and policies. A document of rules and policies, if not already provided to the City of Williston, that all residents of the crew camp must comply with. Emergency contact and response information for residents to be included in this document.
h.
Verification of state health department inspection. If the temporary workforce housing facility is served by a septic system, an inspection of the facility by the North Dakota State Health Department is required to verify compliance with state health regulations prior to approving the limited temporary use. Applicant shall submit documentation that such an inspection has been recently completed.
i.
Site restoration plan. A written plan, if not already provided to the City of Williston, to reclaim the site, including removal of all housing units and facilities to serve those housing units.
j.
Site restoration bond. A bond to guarantee the restoration plan for the proposed site can be completed. The bond must be provided to the City of Williston on or before October 1, 2016, and must be valid and remain in full force and effect until December 31, 2018. The City will set for the amount of the restoration bond, based on the City's review of the site plan and site restoration plan.
5.
The temporary workforce housing operator shall sign a written agreement on or before October 1, 2016, with the City of Williston acknowledging and accepting:
a.
The applicant is not in violation of any federal, state, or local law;
b.
The occupancy for temporary workforce housing shall cease on or before September 1, 2016;
c.
The removal of the temporary workforce housing facility shall occur on or before May 1, 2018;
d.
The site reclamation of the temporary workforce housing facility shall occur on or before August 1, 2018; and
e.
The extension of the removal and reclamation of the temporary workforce housing facility is contingent upon providing the City of Williston proof of having a reclamation bond that is valid and remains in full force and effect until December 31, 2018.
7.
Unoccupied temporary workforce housing facilities shall be stored only in areas zoned to allow outdoor storage and must meet the development standards of such zones for outdoor storage.
8.
The provisions of Subsection O. of Sections 8, 22, and 23 of Ordinance 613 shall become null, void, and of no force and effect on and after August 2, 2018.
9.
Exception to Subsection O.3. The following Williams County Approved Temporary Workforce Housing, as enumerated below, are currently located in the extra-territorial jurisdiction for the City of Williston and have properly obtained a valid conditional use permit from Williams County through Williams County's designated process. Therefore, the enumerated facilities below shall not be subject to provisions of Subsection O.3. herein, but are subject to all other provisions of this ordinance not otherwise in conflict with their conditional use permit. The Williams County Approved Temporary Workforce Housing enumerated below shall be permitted to continue the use until the applicant's conditional use permit expires as described below. Upon expiration of the conditional use permit use of Temporary Workforce Housing shall become a non-permitted use.
a.
Northern Improvement, located in the NE 1/4 SE 1/4 NE 1/4, excepting the south eight feet, of Section 30, Township 155 North, Range 100 West, was granted a conditional use permit by Williams County which expires December 16, 2018.
b.
In two Deep/Bob Horab/Concrete Jungle/McCody Concrete, located in Sublot 9 of the E 1/2 SE 1/4 of Section 19, Township 154 North, Range 101 West, was granted a conditional use permit by Williams County which expires December 1, 2019.
10.
Compliance with law. All Temporary Workforce Housing must be in compliance with all applicable statutes of the State of North Dakota; the ordinances, rules, and regulations of Williams County; and the ordinances, rules, and regulations of the City of Williston.
11.
Conflict with other laws. If there is a conflict between the regulations and standards in this ordinance with any other local, state, or federal laws or regulations for Temporary Workforce Housing, the more restrictive interpretation shall be followed.
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