Williston City Zoning Code
SECTION 23
M-2: Heavy Industrial District.
[Ord. No. 613, Ord. No. 645, Ord. No. 716, Ord. No. 732, Ord. No. 749, Ord. No. 850, Ord. No. 864, Ord. No. 865, Ord. No. 925, Ord. No. 945, Ord. No. 959, Ord. No. 1007, Ord. No. 1026, Ord. No. 1028, Ord. No. 1050, Ord. No. 1062, Ord. No. 1075, Ord. No. 1092]
A.
Intent. This district is intended to include lands suited by topography and other natural conditions, including the presence of natural resources, for industrial development, including heavy manufacturing, shipping terminals, natural resources extraction, and other processes or operations which involve one or more of the following: large number of workers, heavy truck traffic, significant environmental effects, or large-volume public water or sewer service. Sewer, water, fire protection, surface transportation (including direct access to arterial streets or principal highways), and other essential services shall be provided either by public utilities or approved private means. Commercial and retail uses are generally not allowed in this district.
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 uses and structures. The following uses shall be permitted:
1.
Uses permitted in M-1 Districts provided no dwelling units are permitted except only for those employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when with them and workforce, temporary housing as permitted and defined in Section 25.P.[1]
[1]
Editor's Note: Ord. No. 925 currently inapplicable based on Ord. No. 1050. See Section 8.O.
2.
Any other use, not otherwise prohibited by law; provided, however, that none of the following uses shall be established or reconstructed, structurally altered, enlarged or moved unless the Planning and Zoning Commission approves the issuance of a permit under the same procedure as set forth for Special Permitted Uses in Section 27:
a.
Pipe yards.
b.
Acid manufactures.
c.
Cement, lime, gypsum, or plaster of paris manufacture.
d.
Distillation of bones, coal, tar, petroleum, refuse, grain, or wood.
e.
Storage of special industrial explosive device(s) under 50 pounds subject to the locally adopted Fire Code and State Building Code regulations.
f.
Glue manufacture.
g.
Dump.
h.
Drilling for or removal of oil, gas, or other hydrocarbon substance provided it meets the requirements set forth in Section 25.M.
i.
Fat rendering and fertilization manufacture.
j.
Gas manufacture.
k.
Smelting of tin, copper, zinc, or iron ores.
l.
Petroleum or petroleum products refining.
m.
Storage of hazardous materials, subject to locally adopted Fire Code and State Building Code regulations.
n.
Tannery.
o.
Junk yard, 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.
p.
Adult entertainment center.
q.
Any other use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration, or noise, or which may impose a hazard to health or property.
E.
Special permitted uses and structures. Uses included in Section 23.C.2 come under the general guidelines of Special Permitted Uses and Structures.
1.
Compassion center — grower.[3]
[3]
Editor's Note: See Appendix A Special Permitted Uses for additional provisions and Exception Parcels Exhibit included as attachments to this chapter.
F.
Temporary uses. None, other than those allowed under Section 25.0.
G.
Minimum lot requirements. None.
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 buildings 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 Heavy Industrial District abuts a Residential District. Buffer zones shall be determined by the Planning Director and shall be a maximum of 50 feet in depth from the property line of a lot zoned Residential or from a street right-of-way which separates the Heavy Industrial District from a Residential District. The buffer zone shall be used for landscaping, walls, fences or similar devices as required by the Planning Director.
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 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 the 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. 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, 2016;
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 Section 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.
EXHIBITS
Exception Parcels is included as an attachment to this chapter.