Williston City Zoning Code
SECTION 8
A: Agricultural district.
[Ord. No. 613, Ord. No. 645, Ord. No. 716, Ord. No. 732, Ord. No. 807, Ord. No. 811, Ord. No. 850, Ord. No. 864, Ord. No. 865, Ord. No. 959, Ord. No. 1007, Ord. No. 1026, Ord. No. 1028, Ord. No. 1050, Ord. No. 1062; amended 11-22-2022 by Ord. No. 1139]
A.
Intent. This district is intended to protect and preserve lands which are presently rural or agricultural in character and use. These lands are not presently required for urban development, but will accommodate residential development opportunities for those who desire rural living and are willing to live in more remote locations and to assume the costs of providing many of their own services and amenities.
This district is also intended to protect and preserve areas of prime agricultural soils as identified in the Williston Development Guide, for continued agricultural and agriculturally-oriented uses. These areas consist of the most agriculturally productive soils and should not be converted from agricultural to another zoning classification unless and until there are no other lands available in Williston and the extraterritorial area to accommodate nonagricultural uses. This district is not intended to regulate agricultural uses, but to regulate those uses which threaten agriculture.
This district is also intended to allow development of mineral resources including oil and gas, coal, potash, sand, gravel, scoria, and the like in a manner that does not adversely impact the natural environment and adjoining land uses.
B.
Minimum dimensional requirements. None.
C.
Permitted uses and structures. The following shall be permitted:
1.
General farming and dairying, including the sale of the product of the farm, located within City's extraterritorial jurisdiction but outside City limits, except as provided by Ordinance No. 777 incorporated as Section 4-2 of Williston Code of City Ordinances, which provisions shall apply.
2.
Public stables, greenhouses, nurseries, and the growing and preservation of trees, provided that storage of manure shall not be permitted nearer than 150 feet to any lot line.
3.
Fish hatcheries, beekeeping, fur farms, and dog kennels.
4.
Stock raising, but not including commercial feed lots.
5.
Single-family dwellings, mobile homes and/or manufactured homes.
6.
Churches, schools, libraries, community centers, public parks, and other public buildings and recreational facilities.
7.
Educational, religious and philanthropic institutions, but not including penal or mental institutions.
8.
Electric substations and gas regulator stations, provided that for each substation where transformers are exposed there shall be an enclosing fence at least six feet high.
9.
Fire stations, police stations, and telephone exchanges.
10.
Radio or television towers, not exceeding 50 feet in height except as may be restricted by airport zoning.
11.
Cemeteries.
12.
Parks, recreation areas, wildlife areas, game refuges, and forest preserves.
13.
Water supply buildings, reservoirs, wells, elevated tanks, regional pipelines and powerlines, public sewage treatment facilities, and similar essential public utilities and service buildings.
14.
Railroad right-of-ways, but not railroad yards.
15.
Animal hospital or veterinary clinic.
16.
Seismographic exploration as regulated by State Statute.
17.
Storage of flammable liquids above grade, up to 20,000 gallons, subject to the locally adopted Fire Code Regulations.
18.
Storage of liquefied petroleum gases, up to 50,000 gallons, subject to the locally adopted Fire Code Regulations.
D.
Permitted accessory uses and structures. Uses and structures that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including:
E.
Special permitted uses. The following shall be considered for special permitted uses.
3.
Livestock sales rings, provided:
a.
The State Livestock Sanitary Board has given approval for the establishment.
b.
Auctioning of farm implements shall be conducted as a secondary "service" or "convenience" to the livestock auction and shall, in no manner, be conducted for the sale of general household wares, household appliances or furniture, miscellaneous items or junk.
c.
Parking or storage area for farm implements must be screened and enclosed by a chain link fence at least six feet high. No piece of farm equipment shall remain on the premises for more than 15 consecutive days, except for machinery used for maintenance of the livestock sales ring and premises.
d.
All corrals, or pens for live animals shall be placed at least 200 feet from any public street or public road and shall be to the rear of the main building.
e.
The area shall include adequate off-street parking for automobiles as well as trucks and shall be designed to provide adequate truck maneuvering space for both loading and unloading of trucks.
f.
Livestock sales rings shall not be operated in any manner so as to impair, or in any way affect, the public health, safety, or welfare; or to operate said livestock sales ring in any manner as to be a public nuisance.
g.
No unusual amount of odor or noise disseminated beyond the boundaries of the premises on which the use is located shall be permitted.
h.
No more than 10% of the total number of animals present for sale at any one auction shall be kept on the premises for more than 10 consecutive days following each auction.
i.
The special permit for operation of a livestock auction ring, as provided in these regulations, shall be enforced if inspection by the Planning and Zoning Commission or its representatives reveals that the feeding and keeping of animals, as in the manner of a feed lot, is the primary use of the premises.
j.
Storage of manure shall not be permitted.
k.
Use of building or structure (temporary or permanent) for restaurant or "coffee shop" be subject to all regulations of the Williston Building Code and Williams County Health Department.
l.
When the application for livestock auction rings is filed with the Planning and Zoning Commission, the applicant shall present a plan showing the proposed development. Included in the plan shall be the following:
(i)
Topographic map showing two-foot contour intervals.
(ii)
Drainage plan showing method of handling drainage problems including storm sewer drainage locations, if necessary.
(iii)
Location of existing utilities and proposed utility extensions.
(iv)
Letters of commitment or intent from the utility companies concerning satisfactory water and sanitary sewer service, or from the local health jurisdiction concerning satisfactory wells and septic tanks.
(v)
Plat showing dimension and locations of all structures, existing or proposed, on the tract of land.
(vi)
Parking plan defining off-street parking areas. Such plan is subject to the provisions of these regulations.
(vii)
Driveway plan indicating all interior driveways, curb cuts and areas for maneuvering trucks.
4.
Commercial feed lots shall be permitted subject to conditions set below:
a.
No unusual amount of odor or noise shall be disseminated beyond the boundaries of the premises on which the use is located.
b.
Storage of manure shall not be permitted within 200 feet from any lot line.
c.
All corrals, pens, and buildings shall be located at least 200 feet from any lot line.
d.
When the application for feed lots is filed with the Planning and Zoning Commission the applicant shall present a plan showing the proposed development. Included in the plan shall be the following:
(i)
Topographic map showing two foot contours.
(ii)
Drainage plan.
(iii)
Locations of existing utilities and proposed utility extensions.
(iv)
Letters of commitment or intent from the utility companies concerning satisfactory water and sanitary sewer service or from the local health jurisdiction concerning satisfactory wells and septic tanks.
(v)
Plat showing dimensions and locations of all structures, existing or proposed, on the tract of the land.
(vi)
Parking and loading plan defining off-street parking and loading areas. Such plan is subject to Section 25.I and J of these regulations.
(vii)
Driveway plan indicating driveways, curb cuts, area for maneuvering trucks.
(viii)
Petition signed by at least 75% of the property owners within a 1/2 mile radius of the site of the proposed feed lot.
(ix)
All plans, plot plans, and petitions as required must be submitted to the Williston Planning and Zoning Commission at least 30 days prior to the public hearing date.
e.
If the operation is a registered livestock feed lot, the owner must obtain registration number from the State Livestock Sanitary Board.
5.
Stockyard or the slaughter of animals.
6.
Rock crushers, concrete and asphalt mixing plants, sand and gravel pits, or any other such excavation or surface mining shall be allowed provided they meet the requirements as set forth in Section 25.L.
7.
Oil and gas drilling, provided it meets the requirements as set forth in Section 25.M.
8.
Marina.
9.
Private clubs.
10.
Gun clubs, skeet, ranges or target ranges.
11.
Golf driving rangers and golf courses.
12.
Amusement parks, commercial baseball or athletic fields.
13.
Race tracks or fairgrounds.
14.
Open-air theaters.
15.
Radio or television towers exceeding 50 feet in height.
16.
Storage of explosives and blasting agents, subject to the locally adopted Fire Code, provided it is located outside the City limits.
17.
Storage of flammable liquids above grade, over 20,000 gallons, subject to the locally adopted Fire Code Regulations.
18.
Storage of liquefied petroleum gases, over 50,000 gallons, subject to the locally adopted Fire Code Regulations.
19.
Building material yards, contractor yards, and lumberyards.
20.
Animal units, such as a horse, mule, jackass, goat or other animals kept as a family pet, may be kept within the City limits provided there is a minimum of three acres for the first two animal units; and with one additional animal unit allowed for each acre over three.
21.
Seasonal Commercial Recreation Uses, Subject to Section 25.O.3bvi.
F.
Temporary uses. None, other than those allowed under Section 25.O.
I.
Maximum lot coverage by buildings. None.
J.
Minimum floor area. The minimum floor area of any dwelling, excluding attached garage, shall be 800 square feet.
K.
Maximum height of buildings. None, other than that which may be set forth by airport zoning.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H. for Off-Street Parking Requirements. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
O.
Limited permitted use for temporary workforce housing.
1.
Definitions.
a.
TEMPORARY WORKFORCE HOUSING - Shall mean one or all the following meaning: 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 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 1/4SE 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 E1/2SE1/4 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.