City of Williston, ND Chapter Z Zoning Ordinance

SECTION 1 Short title.

[Ord. No. 613]

This ordinance shall be known, cited, and referred to as the "Zoning Ordinance of the City of Williston, North Dakota."

SECTION 2 Purpose.

[Ord. No. 613]

A. Policy. These regulations have been made in accordance with the policies and recommendations set forth in a duly adopted Comprehensive Plan and have been enacted with the following purposes in mind:

1. Lessen congestion in the streets.

2. Secure safety from fire, panic, and other dangers.

3. Promote health and the general welfare.

4. Provide adequate light and air.

5. Prevent the overcrowding of land.

6. Avoid undue concentration of population.

7. Facilitate adequate provisions for transportation, water, sewage, schools, parks, and other public requirements.

SECTION 3 Establishment of districts.

[Ord. No. 613, Ord. No. 795, Ord. No. 811, Ord. No. 968, Ord. No. 922, Ord. No. 1036, Ord. No. 1060, Ord. No. 1092]

A. Districts enumerated. In order to effectively carry out the provisions of these regulations, the land within the corporate limits and the land within one mile of the corporate limits of the City of Williston shall be divided into the following zoning districts:

1. F-H: Flood Hazard Overlay District.

2. A: Agricultural District.

3. R-1E: Rural Estate District.

4. R-1A: Rural Residential District.

5. R-1: Single-Family Residential District.

6. R-2: Single-Family, Twin home and Duplex Residential District

7. R-3: Lowrise-Multifamily and Townhouse Residential District.

8. R-4: Highrise-Multifamily Residential District.

9. R-5: Mobile Home Court District.

10. R-6: Manufactured Home Subdivision District.

11. R-7: Residential Manufactured Home Subdivision District.

12. P: Parks and Open Space District.

13.

[Repealed by Ord. No. 1092]

13a. P-2: Planned Unit Development Overlay District

14. C-1: Neighborhood Commercial District.

15. C-2: General Commercial District.

16. C-3: Restricted Commercial District.

16a. HCC: Highway Corridor Commercial District

17. M-1: Light Industrial District.

18. M-2: Heavy Industrial District.

19. M-3: Industrial Park District.

20. MA: Municipal Airport District.

SECTION 4 District zoning map.

[Ord. No. 613, Ord. No. 850; Ord. No. 1092]

A. Official zoning map.

The City and its extraterritorial jurisdiction are hereby divided into zones or districts, as shown on the Official Zoning Map, which together with all explanatory matter thereon is hereby adopted by reference and declared to be a part of this ordinance.

The Official Zoning Map is a published paper version of a virtual map, based on written records, maintained by the Planning Department. The Planning Department shall publish an updated Official Zoning Map at least quarterly, unless there have been no zone changes in the preceding quarter.

The Official Zoning Map shall be identified by the notarized signature of the Planning Director under the following words: "This is to certify that this is the Official Zoning Map referred to in Article IV of Ordinance Number _____ of the City of Williston, North Dakota," together with the effective date of this ordinance.

If, in accordance with the provisions of this ordinance and Chapter 40-47, North Dakota Century Code, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly by the Planning Director after the amendment has been approved by the City Commission, and an updated map published. The updated Official Zoning Map shall be identified by the notarized signature of Planning Director under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. _____ of the City of Williston, North Dakota."

Official Zoning Maps that have been superseded by updated zoning maps shall be archived by the Planning Director for three years from the date of replacement.

No amendment to this ordinance, which involved matter portrayed on the Official Zoning Map, shall become effective until after such change and entry has been made on said map.

No changes of any nature shall be made in the Official Zoning Map, or matter shown thereon, except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under Section 26.D.

Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, either on paper or online, the Official Zoning Map which shall be located in the office of the Planning Director shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City and its extra-territorial jurisdiction.

B. Replacement of Official Zoning Map.

In the event that the Official Zoning Map becomes damaged, destroyed, or lost, the Planning Director shall create a new copy of the virtual zoning map. The replacement Official Zoning Map shall be identified by the notarized signature of Planning Director under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. _____ of the City of Williston, North Dakota, which was damaged, destroyed, or lost on (date)."

Unless the prior Official Zoning Map has been lost, or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

C. Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Boundaries indicated as approximately following City limits shall be construed as following such City limits.

4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

6. Boundaries indicated as parallel to, or extensions of, features indicated in Subsections C.1 through C.5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Maps, or in other circumstances not covered by Subsections C.1 through C.5 above, the Board of Adjustments shall interpret the distance boundaries.

8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustments may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

SECTION 5 Application of district regulations.

[Ord. No. 613, Ord. No. 850]

A. Regulations establish minimum requirements. The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

1. No building, structure, or land shall hereafter be used or occupied; and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

2. No building or other structure shall hereafter be erected or altered:

a. To exceed the height or bulk.

b. To accommodate or house a greater number of families.

c. To occupy a greater percentage of lot area.

d. To have narrower or smaller rear yards, front yards, side yards, or other open spaces, than herein required; or in any other manner contrary to the provisions of this ordinance.

3. No part of a yard, other open space, off-street, or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, off-street parking, or loading space similarly required for any other building.

4. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

5. All territory which may hereafter be included in the one-mile extra-territorial area due to City annexations shall be considered to be in the A: Agricultural District unless otherwise classified.

SECTION 6 Nonconformities.

[Ord. No. 613, Ord. No. 716, Ord. No. 837, Ord. No. 898]

Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.

A. Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, not withstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustments.

If two or more lots or combinations of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, with the exception of existing lots which are 50 feet or greater in width, the land involved shall be considered to be an undivided parcel for the purposes of this ordinance; and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

B. Nonconforming uses of land (or land with minor structures only). Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such use involves no individual structure with a replacement cost exceeding $1,000 the use may be continued so long as it remains otherwise lawful, provided:

1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

2. No such conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.

3. If any such nonconforming use of land ceases for any reason for a period of more than three years, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

C. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

2. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

3. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4. If the original structure on the lot is damaged or destroyed beyond 50% of its replacement cost, then a similar structure may be built subject to case by case review by the Building Official and City Planner as to set backs, lot size, and building square footage. The Building Official and City Planner shall have discretion as to the replacement structure and foundation. Approval may be made by Letter of Consent signed by the Building Official and City Planner.

D. Nonconforming uses of structures or of structures and premises in combination. If lawful use involving individual structures with a replacement cost of $1,000 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

1. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such buildings.

3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use provided that the Board of Adjustments, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustments may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

5. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for three years (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the districts in which it is located.

6. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.

E. Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacements of nonbearing wall, fixtures, wiring, or plumbing, to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

F. Uses under special permitted use provisions not nonconforming uses. Any use which is permitted as a Special Permitted Use in a district under the terms of this ordinance (other than a change through Board of Adjustments action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use. If the property ceases to be used for the nonconforming use (Special Permitted Use) for a continuous three-year period, this section shall not apply and any subsequent similar use shall require a special use permit pursuant to Section 27 of this Zoning Ordinance.

SECTION 7 F-H: Flood Hazard Overlay District.

[Ord. No. 613, Ord. No. 703, Ord. No. 716, Ord. No. 850; Ord. No. 1092]

A. Intent. This district is intended to be an overlay district and includes lands subject to a 1% or greater chance of flooding in any given year. These lands (known as special flood hazard areas) include, but are not limited to, those identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Williston, dated August 5, 2010," with an accompanying Flood Insurance Rate Map and all subsequent revisions thereto. This map is hereby adopted by reference and declared to be a part of this ordinance. It is intended to discourage unwise and incompatible development in special flood hazard areas so as to protect the natural environment and to prevent loss of life and property due to flooding.

B. Permitted uses. Uses permitted in this district shall be restricted to those conforming with allowable uses in the underlying districts and to those which meet the regulations of this section.

C. Permit procedures. Before development begins within any special flood hazard area, a permit shall be obtained from the City Building Official. The permit shall specifically include:

1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures.

2. Elevation in relation to mean sea level to which any structure will be floodproofed.

3. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in the Specific Standards Subsection G.2.

4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

D. Use of other base flood data. When base flood elevation data has not been provided for the City of Williston and its extra-territorial jurisdiction, the Building Official shall coordinate with the City Engineer to obtain, review, and reasonable utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of this ordinance.

E. Review procedures. All permit applications shall be reviewed (using the best available base flood elevation data from any Federal, State, or local source) to: assure sites are reasonably safe from flooding; determine that all necessary permits have been obtained from those Federal State, or local agencies from which prior approval is required; and to determine if the proposed development adversely affects the flood-carrying capacity of a flood-prone area. For the purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any time.

1. If it is determined that there is not an adverse effect and the development is not subject to other provisions of this ordinance, then the permit shall be granted without further considerations.

2. If it is determined that there is an adverse effect, then technical justification (i.e., a registered professional engineer) for the proposed development shall be required.

3. If it is determined there is no adverse effect, then the following provisions shall apply.

F. General standards. All new development and substantial improvements including the placement of prefabricated buildings and mobile homes (manufactured homes) shall conform to the following standards:

1. All new construction and substantial improvements (including additions) shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

2. All mobile homes (manufactured homes) must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

3. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

4. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

8. All subdivision proposals shall be consistent with the need to minimize flood damage; shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; and shall have adequate drainage provided to reduce exposure to flood damage.

9. Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).

10. Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the flood discharge.

G. Specific standards. Where base flood elevation data is available, the following standards shall be met.

1. Residential construction.

a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

b. Mobile homes (manufactured homes) shall be placed so that the lowest floor is elevated on fill to or above the base flood elevation.

2. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design methods of construction are in accordance with accepted standards of practice.

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the City Building Official as set forth in the Administrative Requirements Subsection H.2.b.

H. Administrative requirements. In all special flood hazard area, the City Building Official shall:

1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

2. For all new or substantially improved floodproofed structures:

a. Obtain and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.

b. Maintain the floodproofing certifications required in the Specific Standards Subsection G.2.c.

3. Maintain for public inspection all records pertaining to the provisions of this ordinance.

4. Notify nearby communities, water resource districts and the North Dakota State Engineer, as necessary, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Management Agency; and

5. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Roadside stands for operation during six months of the year for the sale of products produced on the farm. Signs for permitted uses shall meet the requirements stated in Section 25.G.

3. Solar energy systems.

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

1. Hospitals and sanitariums for contagious or infectious diseases, provided:

a. The Planning and Zoning Commission shall approve the location of said hospital or sanitarium.

b. The Planning and Zoning Commission shall prescribe all setback requirements.

2. Airports, provided:

a. They do not endanger the immediate area.

b. They meet all local, State, and Federal regulations.

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.

G. Minimum lot requirements.

1. Minimum lot area: 10 acres.

2. Minimum lot width: 125 feet.

H. Minimum yard requirements.

1. Front yard: 50 feet.

2. Side yard: 15 feet.

3. Rear yard: 25% of the depth of the lot.

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.

N. Other requirements.

1. See Section 25.S., Buffer Yards.

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.

6. Failure to meet the requirements described in Subsection O.4 above and execute the agreement described Subsection O.5 above prior to October 1, 2016, shall result in termination of the approval process for the temporary workforce housing facility as provided herein.

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.

SECTION 9 R-1E: Rural estate district.

[Ord. No. 613, Ord. No. 645, Ord. No. 672, Ord. No. 716, Ord. No. 807, Ord. No. 809, Ord. No. 811, Ord. No. 850 Ord. No. 933, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062]

A. Intent. This district is intended to provide low-density, limited-growth residential areas. It is designed to accommodate residential development opportunities for those who desire low-density or estate living and are willing to live in more remote locations and to assume the costs of providing many of their own services and amenities. Public services may never be provided to these areas because Williston must concentrate its limited resources in areas where more intense future development is logical. The low density allowed in this district is needed to preserve and support the existing public infrastructure. Accordingly, capital improvements such as highways and major sewer interceptors should be directed away from the Rural Estate District. The low densities permitted in this district generally permit on-site water supply and waste disposal systems.

B. Minimum dimensional requirements. The minimum area for this district shall be 10 acres.

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

1.

a. Single-family dwellings, mobile homes and/or manufactured homes.

b. Housing structures built off-site and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:

(i) A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the dwelling is to be placed.

(ii) The Building Official shall grant or deny the permit after 10 working days from the day that the notice was sent to the adjoining property owners.

(iii) The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.

(iv) New housing structures built off-site, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent Process.

2. Farm animals, provided there is a minimum lot area of five acres for the first four animal units, and no more than one animal unit per acre of land over five acres.

3. Parks, playgrounds, and non-commercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

4. Structures and uses required for operation of a public utility or performance of a governmental function, except for those permitted only as special permitted uses.

D. Permitted accessory uses and structures. Uses that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1. Community centers, schools, churches, and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care centers.

5. Watchman's dwelling as an accessory use for a permitted principal use structure.

6. Governmental maintenance and service shops.

7. Private clubs and country clubs.

8. Art galleries and museums depending on proximity to a particular historical site.

9. Electrical substations and gas regulator stations, provided:

a. For each electric substation where transformers are exposed there should be an enclosing fence at least six feet high.

b. The height requirements may be exceeded, provided that for each additional one foot height an additional one foot of front, rear, and side yard shall be required.

10. Water reservoirs, water storage tanks, water pumping stations, and sewer lift stations, provided:

a. For each instance the Planning and Zoning Commission shall be provided with plot plans showing the proposed installation and its relationship to any nearby property.

b. The Planning and Zoning Commission shall prescribe conditions as to setbacks, etc. for each installation.

11. Bed and breakfast inn.

F. Temporary uses. The following uses shall be considered as temporary uses, provided the provisions set forth in Section 25.O are met:

1. Contractor's office and construction equipment sheds.

2. Real estate sales office.

3. Temporary shelter.

G. Minimum lot requirements.

1. Minimum lot area: 40,000 square feet.

2. Minimum lot width: 120 feet.

H. Minimum yard requirements.

1. Front yard: 30 feet.

2. Side yard: The minimum requirements for a side yard shall be 10 feet. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings provided as follows:

a. No adjacent dwellings front on the same street, in which case the entire front yard must be provided.

b. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard: 30 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 20 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 30 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.

I. Maximum lot coverage by buildings. Not more than 15% of the lot shall be covered by the principal building and all accessory buildings. Any solar collection device or related apparatus not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area. The minimum floor area of any dwelling, excluding attached garage, shall be 800 square feet.

K. Maximum height of buildings. The maximum height of any building shall be 35 feet.

L. (Reserved)

M. Off-street parking requirements. See Section 25.H. Two spaces per dwelling. 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. See Section 25.R, Landscaping.

2. See Section 25.S, Buffer Yards.

SECTION 10 R-1A: Rural Residential District.

[Ord. No. 613, Ord. No. No 645, Ord. No. 672, Ord. No. 716, Ord. No. 807, Ord. No. 809 Ord. No. 811, Ord. No. 850, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062; amended 11-22-2022 by Ord. No. 1138]

A. Intent. This district is intended to include areas where community sewer and water are not planned in the near future, but where other public services may be available and topography and soil conditions allow development at a low population density that can rely on on-site water supply and waste disposal systems without creating public health hazards. This district is intended primarily for areas devoted to large-lot suburban residential use, adjacent to existing or planned urban development. The regulations and restrictions in this district are intended to protect the residential character of these areas and conserve their environmental resources.

B. Minimum dimensional requirements. The minimum area for this district shall be five acres.

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

1. Single-family dwellings, mobile homes, and/or manufactured homes.

2. Farm animals, located within the City's extraterritorial jurisdiction, but outside City limits, are allowed provided there is a minimum lot area of one acre, and no more than one animal unit per one-half acre of land.

3. Parks and playgrounds.

4. Structure and uses required for operation of a public utility or performance of a governmental function, except for those permitted only as special permitted uses.

D. Permitted accessory uses and structures. Uses that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1. Community centers, schools, churches, and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care centers.

5. Watchman's dwelling as an accessory use for a permitted principal use or structure.

6. Governmental maintenance and service shops.

7. Private clubs and country clubs.

8. Art galleries and museums depending on proximity to a particular historical site.

9. Electrical substation and gas regulator stations, provided:

a. For each electric substation where transformers are exposed, there should be an enclosing fence at least six feet high.

b. The height requirements may be exceeded, provided that for each additional one foot height an additional one foot of front, rear, and side yard shall be required.

10. Water reservoirs, water storage tanks, water pumping stations, and sewer lift stations provided:

a. For each instance the Planning and Zoning Commission shall be provided with plot plans showing the proposed installation and its relationship to any nearby property.

b. The Planning and Zoning Commission shall prescribe conditions as to setbacks, etc. for each installation.

11. Bed and breakfast inn.

12. Animal units, such as a horse, mule, jackass, goat or other animal 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.

13. Non-commercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

F. Temporary uses. The following uses shall be considered as temporary uses, provided the provisions set forth in Section 25.O are met:

1. Contractor's office and construction equipment sheds.

2. Real estate sales office.

3. Temporary shelter.

G. Minimum lot requirements.

1. Minimum lot area: 21,780 square feet (one-half acre).

2. Minimum lot width: 80 feet.

H. Minimum yard requirements.

1. Front yard: 30 feet.

2. Side yard. The minimum requirements for a side yard shall be eight feet. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. No adjacent dwellings front on the same street, in which case the entire front yard must be provided.

b. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard: 30 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 20 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 30 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.

I. Maximum lot coverage by buildings. Not more than 20% of the lot shall be covered by the principal building and all accessory buildings. Any solar collection device or related apparatus not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area. The minimum floor area of any dwelling, excluding attached garage, shall be 800 square feet.

K. Maximum height of buildings. The maximum height of any building shall be 35 feet.

L. (Reserved)

M. Off-street parking requirements. See Section 25.H. Two spaces per dwelling. 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. See Section 25.R Landscaping.

2. See Section 25.S Buffer Yards.

SECTION 11 R-1: Single-Family Residential District.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 807, Ord. No. 809, Ord. No. 811, Ord. No. 850, Ord. No. 853, Ord. No. 866, Ord. No. 884, Ord. No. 933, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062, Ord. No. 1079, Ord. No. 1090]

A. Intent. This district is intended to include lands suited by topography and other natural conditions for urban development and which are provided with a full range of public services, including sewers and water. This district is intended primarily for single-family detached dwellings at moderate population densities, but certain structures and uses required to serve governmental, educational, religious, recreational and other needs of residential areas are allowed, as permitted, or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.

B. Minimum dimensional requirements. The minimum area for this district shall be two acres.

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

1.

a. Single-family detached dwellings, excluding mobile homes.

b. Housing structures built off-site and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:

(i) A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the dwelling is to be placed.

(ii) The Building Official shall grant or deny the permit after 10 working days from the day that the notice was sent to the adjoining property owners.

(iii) The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.

(iv) New housing structures built offsite, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent Process.

2. Parks, playgrounds, and open space for informal recreation.

3. Structures and uses required for operation of a public utility or performance of a governmental function.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1.

a. Two-family dwellings.

b. Housing structures built offsite and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:

(i) A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the welling is to be placed.

(ii) The Building Official shall grant or deny the permit after 10 working days from the day that the notice was sent to the adjoining property owners.

(iii) The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.

(iv) New housing structures built offsite, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent Process.

2. Community centers, schools, churches, and cemeteries.

3. Nursing homes, hospitals, and medical complexes.

4. Quasi-institutional homes.

5. Group child care homes and child care center.

6. Watchman's dwelling as an accessory use for a permitted principal use or structure.

7. Games of chance, provided they are associated with other public or quasi-public uses as listed in the City's Land Use Classification System and allowed in the district.

8. Bed and breakfast inns.

9. Lodges, fraternities and sororities where no alcoholic beverages are sold or consumed.

10. Professional offices as defined in this ordinance provided that a Special Permitted Use for the professional office may only be granted to allow professional offices to operate in already existing structures that are along an arterial street and have not previously been used as a residence. Any new construction to the existing structure must be compatible with the general appearance of the surrounding neighborhood, no metal buildings. Lighting of the structure must also be in harmony with the surrounding neighborhood. It is encouraged that the property not take direct access from any residential or collector streets.

F. Temporary uses. The following uses shall be considered as temporary uses, provided the provisions set forth in Section 25.O are met:

1. Contractor's office and construction equipment sheds.

2. Real estate sales office.

3. Temporary shelter.

G. Minimum lot requirements.

1. Minimum lot area: 8,000 square feet.

2. Minimum lot width: 60 feet.

H. Minimum yard requirements.

1. Front yard.

a. Measured from the front property line, there shall be a front yard of not less than 20 feet unless the property line fronts on a State Highway, whereupon the minimum shall be 50 feet.

b. Attached or detached garage setback on New Residential Development: 25 feet.

2. Side yard. A minimum of five feet on fifty-foot lots and six feet on lots greater than 50 feet in width. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard: 20 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.

I. Maximum lot coverage by buildings. Not more than 35% of the lot shall be covered by the principal building and all accessory buildings. Any solar collector device or related apparatus, not included as floor area of a building by definition, shall be included in computing lot coverage.

J. Minimum floor area. The minimum floor area of any dwelling excluding attached garage shall be 800 square feet.

K. Maximum height of buildings. The Maximum height of any building shall be 35 feet.

L. (Reserved)

M. Off-street parking requirements. See Section 25.H. Two spaces per dwelling. 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. See Section 25.R, Landscaping.

2. See Section 25.S, Buffer Yards.

SECTION 12 R-2: Single Family, Twinhome, and Duplex Residential Districts.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 811, Ord. No. 850, Ord. No. 853, Ord. No. 884, Ord. No. 933, Ord. No. 959, Ord. No. 968, Ord. No. 1007, Ord. No. 1010, Ord. No. 1028, Ord. No. 1062, Ord. No. 1090, Ord. No. 1092]

A. Intent.

This district is intended to include lands suited by topography and other natural conditions for urban development and which is provided with a full range of public services, including sewers and water. This district is intended primarily for single-family detached, single-family and two-family dwellings at moderate population densities, but structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed as permitted or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.

Twinhomes are intended to create a single-family housing option that allows an increased density of residential units while maintaining single-family residential units on individual lots with individual front, rear, and side yards, that are priced less than single-family detached residences. Twinhomes are encouraged to be mixed with single-family detached residences within blocks, either in pockets of twinhomes or individually. Streets are not to be double-loaded with continuous rows of twinhomes. The side of the street opposite a continuous row of twinhomes is to be single-family detached residences or is to have no driveways accessing the street. Twinhome lots must have the minimum required lot width at the street frontage, and the twinhomes themselves should relate to the street in a manner similar to single-family detached dwellings.

B. Minimum dimensional requirements.

The minimum area for this district shall be two acres.

C. Permitted uses and structures.

The following shall be permitted:

1.

a. Single-family detached, twinhomes, and duplexes, excluding mobile homes.

b. Housing structures built off-site and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:

(i) A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the dwelling is to be placed.

(ii) The Building Official shall grant or deny the permit after 10 working days from the day that the notice was sent to the adjoining property owners.

(iii) The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.

(iv) New housing structures built off-site, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent Process.

2. Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

3. Structures and uses required for operation of a public utility or performance of a governmental function, except for those permitted only as special permitted uses.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

E. Special permitted uses.

The following shall be considered for special permitted uses:

1. Community centers, schools, churches, and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care centers.

5. Watchman's dwelling as an accessory use for a permitted principal use or structure.

6. Electrical substations and gas regulator stations, provided:

a. For each electric substation where transformers are exposed there should be an enclosing fence at least six feet high.

b. The height requirements may be exceeded, provided that for each additional one-foot height an additional one-foot of front, rear and side yard shall be required.

7. Water reservoirs, water storage tanks, water pumping stations, and sewer lift stations provided:

a. For each instance the Planning and Zoning Commission shall be provided with plot plans showing the proposed installation and its relationship to any nearby property.

b. The Planning and Zoning Commission shall prescribe conditions as to setbacks, etc., for each installation.

8. Games of chance, provided they are associated with other public or quasipublic uses as listed in the City's Land Use Classification System and allowed in the district.

9. Fraternities, sororities and group housing projects.

10. Bed and breakfast inn.

11. Condominium.

a. Structure shall be limited to a maximum of four units.

b. Should any property owner within 150 feet of the proposed structures property line (excluding streets and alley-ways) protest the use, use will be disallowed. Proper notice to such owners is required.

c. Land area shall be a minimum of 14,000 square feet.

d. Structure shall be limited to a maximum of two-stories.

12. Lodges, fraternities and sororities where no alcoholic beverages are sold or consumed.

13. Professional offices as defined in this ordinance provided that an SPU for the professional office may only be granted to allow professional offices to operate in an already existing structures that are along an arterial street and have not previously been used as a residence. Any new construction to the existing structure must be compatible with the general appearance of the surrounding neighborhood, no metal buildings. Lighting of the structure must also be in harmony with the surrounding neighborhood. It is encouraged that the property not take direct access from any residential or collector street.

F. Temporary uses.

The following uses shall be considered as temporary uses, provided the provisions set forth in Section 25.O are met:

1. Contractor's office and construction equipment sheds.

2. Real estate sales office.

3. Temporary shelter.

G. Minimum lot requirements.

		Minimum Lot Area	Minimum Lot Width
1.	Single-family detached	6,000 square feet	50 feet
2.	Duplex	8,000 square feet	50 feet
3.	Twinhome	4,000 square feet	40 feet

H. Minimum yard requirements.

1. Front yard: 20 feet.

a. Garages must be set back 25 feet from the front property line.

b. Attached or detached garage setback on New Residential Development: 25 feet.

2. Side yard. A minimum of five feet on fifty foot lots and six feet on lots greater than 50 feet in width.

The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard: 20 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.

I. Maximum lot coverage by buildings. Not more than 35% of the lot shall be covered by the principal building and all accessory buildings. For twinhomes, not more than 40% of each twinhome lot shall be covered by the principal buildings and all accessory buildings.

Any solar collection device or related apparatus, not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area. The minimum floor area of any dwelling, excluding attached garage, shall be 800 square feet.

K. Maximum height of buildings. Maximum height of any building shall be 35 feet.

L. (Reserved)

M. Off-street parking requirements.

See Section 25. H. Two spaces per dwelling. Required offstreet parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.

N. Other requirements.

1. See Section 25.R, Landscaping.

2. See Section 25.S, Buffer Yards.

SECTION 13 R-3: lowrise multi-family and townhouse residential districts.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 811, Ord. No. 850, Ord. No. 853, Ord. No. 858, Ord. No. 884, Ord. No. 933, Ord. No. 959, Ord. No. 986, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062, Ord. No. 1090]

A. Intent. This district is intended to include lands suited by topography and other natural conditions for urban development and which are provided with a full range of public services, including sewer, water, fire protection, and surface transportation. This district is intended primarily for lowrise-multifamily and townhouse dwellings at moderately high population densities; but structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed as permitted or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.

B. Minimum dimensional requirements. The minimum area for this district shall be two acres.

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

1.

a. Single-family detached and two-family dwellings, excluding mobile homes.

b. Housing structures built off-site and manufactured homes which meet the definition of single-family detached dwellings, fits the character of the neighborhood, and is placed in accordance with the following permitting procedure:

(i) A Notice of Intent to grant a permit after 10 working days shall be sent by certified mail to all property owners within 100 feet of the lot where the dwelling is to be placed.

(ii) The Building Official shall grant or deny the permit after 10 working days from the days that the notice was sent to the adjoining property owners.

(iii) The Building Official shall send a notice of his decision to the applicant and to all owners who supported or objected to the permit notifying them of the decision and, if adverse, the right to appeal the decision. The permit, if granted, shall be stayed pending the appeal decision.

(iv) New housing structures built off-site, not previously occupied and built to the requirements of the North Dakota Building Code are exempt from the Notice of Intent Process.

2. Multi-family.

3. Townhouses.

4. Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

5. Structures and uses required for operation of a public utility or performance of governmental function.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1. Community centers, schools, churches, and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care centers.

5. Watchman's dwelling as an accessory use for a permitted principal use or structure.

6. Boarding, lodging houses, and bed and breakfast inns.

7. Fraternities and sororities.

8. Residential parking lots.

9. Group housing projects.

10. Private clubs and lodges, except those whose primary activity is carried on as a business.

11. Multifamily dwelling units with floor areas of less than 450 square feet per dwelling unit.

12. Games of chance, provided they are associated with other public or quasi-public uses as listed in the City's Land Use Classification System and allowed in the district.

13. Lodges, fraternities and sororities where no alcoholic beverages are sold or consumed.

14. Commercial businesses, such as those enumerated in Section 19.C.1, located within a congregate/communal living unit containing 10 or more individual living facilities, where the intended purpose for such a business is to serve the tenants of the unit. Not more than one non-illuminated name plate shall be allowed. The name plate shall be attached flush against the building in which the business is located and shall not exceed four square feet in area.

15. Professional offices as defined in this ordinance provided that a Special Permitted Use for the professional office may only be granted to allow professional offices to operate in already existing structures that are along an arterial street and have not previously been used as a residence. Any new construction to the existing structure must be compatible with the general appearance of the surrounding neighborhood, no metal buildings. Lighting of the structure must also be in harmony with the surrounding neighborhood. It is encouraged that the property not take direct access from any residential or collector streets.

F. Temporary uses. The following uses shall be considered as temporary uses, provided the provisions set forth in Section 25.O are met:

1. Contractor's office and construction equipment sheds.

2. Real estate sales office.

3. Temporary shelter.

G. Minimum lot requirements.

	Minimum Lot Area	Minimum Lot Width
Single-family detached	6,000 square feet	50 feet
Two-family	6,000 square feet	50 feet
Townhouse
Single-story	2,300 square feet	24 feet
Two-story	2,300 square feet	18 feet
Multifamily
Per structure	6,000 square feet	60 feet
Per dwelling unit	2,300 square feet	N/A
Boarding, lodging, and fraternity or sorority houses	7,200 square feet	70 feet

H. Minimum yard requirements.

1. Front yard: 20 feet.

a. Attached or detached garage setback on new residential development: 25 feet.

2. Side yard. A minimum of five feet on lots up to 50 feet and six feet on lots greater than 50 feet in width. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard: 20 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.

I. Maximum lot coverage by buildings and impervious surface area ratios. The portion of the lot occupied by buildings and impervious surfaces shall not be greater than the following:

	Lot Coverage By Buildings	Impervious Surface Area Ratio
Single-family detached	35%	N/A
Two-family	35%	N/A
Townhouse	40%	N/A
Multifamily	40%	0.70
Boarding, lodging, and fraternity or sorority houses	40%	0.70

Any solar collection device or related apparatus, not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area.

1. Single-family and two-family. The minimum floor area shall be 800 square feet, excluding garage.

2. Townhouse, multifamily, and boarding, lodging, and fraternity or sorority houses. The minimum floor area shall be 450 square feet per dwelling unit.

K. Maximum height of buildings. The maximum height of any building shall be 45 feet.

L. (Reserved)

M. Off-street parking requirements. See Section 25.H.

1. Single-family, two-family, townhouses and multifamily dwellings: two spaces per dwelling.

2. Group dwellings, fraternity, sorority, boarding or lodging facilities - One space per bedroom or sleeping room, unless it can be demonstrated that occupants will not be driving. 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. The maximum number of units in a townhouse structure shall be 12 units.

2. Multifamily Buildings with Facades Greater Than 100 Feet.

The intent of the below requirements are to focus development on a sense of neighborhood and community as well as a long term vision. This policy is intended to put a focus on the design stage for future housing stock. End results should create some diversity in styles that build community character and a sense of neighborhood, ultimately raising the quality of life for residents and neighbors of the buildings.

Multifamily buildings with facades greater than 100 feet shall meet one of the following guidelines:

a. Facades greater than 100 feet shall incorporate "structural" projections or recesses in the wall plane with a depth of at least 3% of the length of the facade and extending for at least 20% of the length of the facade. Maximum uninterrupted length of wall shall be 100 feet.

b. Facades shall display a repeating pattern of at least three cycles of either color change, texture change, material change, or expression of structural bays with an offset of at least 12 inches from the ruling plane of the facade.

c. Alternatives to these guidelines may be presented and if through elevations and other visual descriptors can demonstrate the proposed structure provides equal visual interest and scale contributing to long term community appeal, sustainable neighborhoods and meeting the intent clause of this policy. Review would be by written request for consideration of alternative styles to the Planning Department for decision by the Planning Director.

d. Application. With a building permit application submit elevations demonstrating how the building meets the listed criteria.

3. See Section 25.R, Landscaping.

4. See Section 25.S, Buffer Yards.

SECTION 14 R-4: Highrise-multifamily residential district.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 811, Ord. No. 850, Ord. No. 858, Ord. No. 884, Ord. No. 959, Ord. No. 986, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062, Ord. No. 1090]

A. Intent. This district is intended to include lands suited by topography and other natural conditions for urban development and which are provided with a full range of public services, including sewers, water, fire protection, and surface transportation. This district is intended primarily for highrise-multifamily dwellings, townhouses at high population densities, but structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed as permitted or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.

B. Minimum dimensional requirements. The minimum area for this district shall be two acres.

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

1. Multifamily dwelling units.

2. Townhouses.

3. Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

4. Structures and uses required for operation of a public utility or performance of a governmental function.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1. Community centers, schools, churches, and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care centers.

5. Watchman's dwelling as an accessory use for a permitted principal use or structure.

6. Boarding, lodging houses and bed and breakfast inns.

7. Fraternities, sororities, and group homes.

8. Residential parking lots.

9. Private clubs and lodges, except those whose primary activity is carried on as a business.

10. Multifamily dwelling units with floor areas of less than 450 square feet per dwelling unit.

11. Games of chance, provided they are associated with other public or quasi-public uses as listed in the City's Land Use Classification System and allowed in the district.

12. Commercial businesses, such as those enumerated in Section 19.C.1 located within a congregate/communal living unit containing 10 or more individual living facilities, where the intended purpose for such a business is to serve the tenants of the unit. Not more than one non-illuminated name plate shall be allowed. The name plate shall be attached flush against the building in which the business is located and shall not exceed four square feet in area.

13. Professional offices as defined in this ordinance provided that a Special Permitted Use for the professional office may only be granted to allow professional offices to operate in already existing structures that are along an arterial street and have not previously been used as a residence. Any new construction to the existing structure must be compatible with the general appearance of the surrounding neighborhood, no metal buildings. Lighting of the structure must also be in harmony with the surrounding neighborhood. It is encouraged that the property not take direct access from any residential or collector streets.

F. Temporary uses. The following uses shall be considered as temporary uses, provided the provisions set forth in Section 25.O are met:

1. Contractor's office and construction equipment sheds.

2. Real estate sales office.

G. Minimum lot requirements.

	Minimum Lot Area	Minimum Lot width
Multifamily
Per structure	6,000 square feet	60 feet
Per dwelling unit	1,450 square feet	N/A
Boarding, lodging, fraternity or sorority houses	7,200 square feet	70 feet
Townhouse
Single-Story	2,300 square feet	24 feet
Two-Story	2,300 square feet	18 feet

H. Minimum yard requirements.

1. Front yard: 20 feet.

2. Side yard. A minimum of five feet on fifty foot lots and six feet on lots greater than 50 feet in width. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard: 20 feet. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet. For attached garages with vehicular entry from other than the alley, all yard requirements shall be the same for the principal building. An attached garage is considered a part of the principal building for the purpose of determining setbacks.

I. Maximum lot coverage by buildings and impervious surface area ratios. The portion of a lot occupied by buildings and impervious surfaces shall not be greater than the following:

	Lot Coverage By Buildings	Impervious Surface Area Ratio
Multifamily dwellings	40%	0.70
Boarding, lodging, and fraternity or sorority houses	40%	0.70
Townhouses	40%	N/A

Any solar collection device or related apparatus not included as floor area of a building, by definition, shall not be included in computing lot coverage.

J. Minimum floor area. Multifamily dwellings and boarding, lodging, townhouses, fraternity, and sorority houses shall have a minimum of 450 square feet per dwelling unit.

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.

1. Two-family, townhouses and multifamily dwellings: two spaces per dwelling.

2. Group dwelling, fraternity, sorority, boarding and or lodging facilities - One space per bedroom or sleeping room, unless it can be demonstrated that occupants will not be driving.

3. 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. Multifamily buildings with facades greater than 100 feet.

The intent of the below requirements are to focus development on a sense of neighborhood and community as well as a long term vision. This policy is intended to put a focus on the design stage for future housing stock. End results should create some diversity in styles that build community character and a sense of neighborhood, ultimately raising the quality of life for residents and neighbors of the buildings.

Multifamily Buildings with facades greater than 100 feet shall meet one of the following guidelines:

a. Facades greater than 100 feet shall incorporate "structural" projections or recesses in the wall plane with a depth of at least 3% of the length of the facade and extending for at least 20% of the length of the facade. Maximum uninterrupted length of wall shall be 100 feet.

b. Facades shall display a repeating pattern of at least three cycles of either color change, texture change, material change, or expression of structural bays with an offset of at least 12 inches from the ruling plane of the facade.

c. Alternatives to these guidelines may be presented and if through elevations and other visual descriptors can demonstrate the proposed structure provides equal visual interest and scale contributing to long term community appeal, sustainable neighborhoods and meeting the intent clause of this policy. Review would be by written request for consideration of alternative styles to the Planning Department for decision by the Planning Director.

d. Application. With a building permit application submit elevations demonstrating how the building meets the listed criteria.

2. The maximum number of units in a townhouse structure shall be 12 units.

3. See Section 25.R, Landscaping.

4. See Section 25.S, Buffer Yards.

SECTION 15 R-5: Mobile Home Court District.

[Ord. No. 613, Ord. No. 645, Ord. No. 672, Ord. No. 617, Ord. No. 811, Ord. No. 850, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062]

A. Intent. This district is intended primarily for mobile homes and/or manufactured homes in mobile home courts at moderately high population densities except where sewer and water are provided on an individual basis. This district is intended to provide reduced housing costs while providing for a pleasant and healthy residential environment protected from potentially adverse neighboring influences.

It is intended that such mobile home courts shall be so located, designed, and improved as to provide protection for adjacent properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential development to public facilities, places of employment, and facilities for meeting commercial and services needs not met within the mobile home court.

It is the intent of this ordinance to require all mobile home courts which have been constructed under the requirements in Subsection N. 4 and 5 herein to continue to meet these requirements. Established mobile home courts built prior to and in non-conformity to the requirements in Subsections A through N. 3 shall meet these requirements as individual units are moved into the court even if the mobile home is zoned for a use other than a mobile home court. Certain structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed in this district as permitted or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.

Permits for the construction of buildings within the mobile home court and for the moving of mobile homes and/or manufactured homes on lots within the mobile home court shall be required of the mobile home court owner/manager, however, the mobile home/manufactured home owner may obtain the permit with mobile home court owner/manager approval.

B. Minimal dimensional requirements, minimum number of lots or spaces to be available at time of opening and density. Where a district is to be established for the development of a mobile home court, the minimum area shall be five acres. The minimum width of a tract for portions used for general vehicular entrances and exits only (other than alleys or service entrances) under a private arrangement shall be not less than 40 feet curb to curb for portions containing lots for dwellings and buildings open generally to occupants, the minimum dimension shall be 200 feet. The minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted, shall be 35 lots or 50% of the total proposed lots, whichever is less.

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

1. One and two-family mobile homes and/or manufactured homes.

2. Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

3. Structures and uses required for operation of a public utility, performance of a governmental function, or performance of any function necessary for the construction, operation, or maintenance of mobile home courts, excepts for those requiring special approval as provided in Subsection E.

In mobile home courts, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted. Areas within mobile home courts may be designated for recreational vehicle use for individuals in transit provided such designated area is approved by the City and State (see Special Permitted Uses). Dwellings may be sold on lots they occupy in residential use.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Commercial and service facilities provided they obtain specific approval as required below.

3. Outdoor storage areas, provided they obtain specific approval as required below.

4. Solar energy systems.

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

1. Commercial and service facilities in mobile home courts. In mobile home courts so located that such facilities are not conveniently available in the neighboring area and containing at least 100 dwelling units, commercial and service establishments intended to serve only persons within the community, designed, improved, and located to protect the character of the community and the surrounding neighborhood, and occupying in total, including related parking area, not more than 5% of the area of the community, may be permitted.

2. Outdoor storage areas in mobile home courts. In mobile home courts, outdoor storage areas, including those for recreational vehicles, may be permitted. Such areas shall be fenced with a minimum five-foot fence and so designed, improved, and located as to protect adjoining uses from adverse visual or other effects and shall occupy, in total, not more than 5% of the area of the mobile home court if within the boundaries of the main portion of the court. If the property includes a separate parcel or parcels for utility, maintenance, or storage facilities, the limitation as to area shall not apply. Use of such are shall be limited to occupants of the court.

3. Group child care homes and child care centers.

4. Recreational Vehicular Parks, provided that in addition to City special permitted use approval, the park meets all State Laboratories standards.

F. Temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements. None.

H. Minimum yard requirements. See Figure 1, Minimum Requirements for Mobile Home and/or Manufactured Home Placement in Existing Mobile Home Park.

1. Interior yard requirements:

a. Front yard: 15 feet along a public street; none along a private street.

b. Side yard. No mobile home and/or manufactured home, attachment, or other structure may be located within 15 feet of any other mobile home, attachment, or structure on a bordering lot. The required side yard on the street side of a corner lot bordering a public street only shall be a minimum of five feet for the principal building and all accessory buildings. In addition, the following provisions shall be applicable.

(i) A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

c. Rear yard. None when bordering a private street; 15 feet when bordering a public street except that when a garage is entered from a street or alley at right angles, it shall not be located closer than 20 feet from the rear lot line. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than 15 feet from any structure on a neighboring lot. The rear yard setback for mobile homes and/or manufactured homes placed end to end without an intervening street or alley shall be five feet for each structure which maintains a distance of 10 feet between structures.

2. Exterior yard requirements:

a. Along public streets. Where mobile home courts adjoin public streets along exterior boundaries, a yard at least five feet in minimum dimensions shall be provided adjacent to such streets. Such yard may be used to satisfy yard requirements for individual lots, but no direct vehicular access to individual lots shall be permitted through such yards, and no group parking facilities or active recreation areas shall be allowed therein.

I. Maximum lot coverage by buildings. The occupied area of a mobile home and/or manufactured home lot may not exceed 75% of the lot area.

J. Minimum floor area. The minimum floor area for residences, excluding attached garage, shall be 600 square feet excluding the hitch.

K. Maximum height of buildings. The maximum height of any building shall be 35 feet.

L. (Reserved)

M. Off-street parking requirements. See Section 25. H. Two spaces per dwelling. 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. Mobile home court without water supply system or waste water treatment plant. In any mobile home court not served by a water supply system and waste water treatment plant the minimum lot size shall be one-half acre per dwelling unit, excluding streets and alleys.

2. Mobile home and/or manufactured home placement, tiedown, skirting requirements. All mobile homes shall be placed on mobile home stands and anchored according to Part 4 of the Standard for the Installation of Mobile Homes including Mobile Home Court Requirements, NFPA, 501A, 1977, or later years, prior to occupancy.

All manufactured homes shall meet the Guidelines for Manufactured Housing Installations which shall comply with applicable Set-up and Installation Procedures that meet the manufacturer's installation requirements prior to occupancy.

Skirting shall be constructed of brick, stone, finished exterior wood, finished metal, or other acceptable materials approved by the Building Official. The skirting shall be in place within 30 days of the placement of the mobile home and/or manufactured home on the lot. The tongue and axle of the mobile home and/or manufactured home shall be removed if not covered by the skirting.

3. Site plan approval required for mobile home courts. Before building permits may be issued for construction of mobile home courts, in addition to other required permits, reports, and reviews, the site plan must be approved by the Planning Commission and City Commission.

4. Guides and standards for general site planning for new or redesigned mobile home courts. The following guides, and standards and requirements, shall apply in site planning for mobile home courts:

a. External relationships. Site planning within the mobile home court shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences within the court.

(i) Principal vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the district in such a way as to encourage the use of such minor streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.

(ii) Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the court shall be by safe and convenient routes. Such ways need not be adjacent to, or limited to, the vicinity of vehicular access points. Where there are crossings of such ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked, and controlled; and where such ways are exposed to substantial vehicular traffic at edges of courts, safeguards may be required to prevent crossings except at designed points. Bicycle paths, if provided, shall be so related to the pedestrian way system that street crossings are combined.

(iii) Yards, Fences, Walls, or Vegetative Screening at Edges of Mobile Home Courts.

See Section 25.R, Landscaping.

b. Internal relationships. The site plan shall provide for safe, efficient, convenient, and harmonious groupings of structures, uses, and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features, particularly the following:

(i) Streets, drives, and parking and service areas. Streets, drives, and parking and service areas shall provide safe and convenient access to dwellings and mobile home court facilities and for service and emergency vehicles; but streets shall not be so laid out as to encourage outside traffic to traverse the court, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the court into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site, and the convenience and safety of the occupants.

(ii) Street standards. Streets that are to be dedicated to the jurisdiction, if any, shall be dimensioned and improved in accord with general subdivision regulations. For other streets, required paving widths shall have a moving lane width of 12 feet for collector streets and 10 feet for minor streets, with parallel parking lanes of eight feet in locations where on-street parking is to be permitted.

(iii) Ways for pedestrians and cyclists; use by emergency, maintenance, or service vehicles. Walkways shall form a logical, safe, and convenient system for pedestrian access to all dwellings, project facilities, and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas, and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet. Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops, or other destinations shall be so located and safeguarded as to minimize contacts with normal auto- motive traffic. If substantial bicycle traffic is anticipated and an internal walkway system is provided away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designed to provide safety, and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed, and constructed, may be combined with other easements and used by emergency maintenance or service vehicles but shall not be used by other automotive traffic.

(iv) Protection of visibility. Visibility on public streets within a mobile home court shall be in accord with the provisions set forth in Section 25.A. On a corner lot on a private street, however, visibility triangles provided at an intersection shall be formed by the intersecting edges of the driving surface (projected where corners are rounded) and a line joining points 20 feet along both intersecting edges from such point of intersection. At street intersections of driveways serving parking bays with 10 or more spaces, similar visibility triangles shall be maintained. At street intersections of other driveways, the required visibility triangle shall consist of the area within the intersecting edges of the driving surface (projected) and a line joining points 10 feet along both intersecting edges from such point of intersection.

(v) Lots and location for dwelling on lots. The limits of each mobile home and/or manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means.

Lots shall be so located with respect to streets as to make practical the placement of the mobile home and/or manufactured home for occupancy. In determinations concerning satisfaction of this requirement, the proposed manner of placement shall be considered. Location on the lot shall be suitable for the type of mobile home and/or manufactured home proposed, considering size, required open spaces, and manner of support. Mobile home and/or manufactured home lots shall be designed so that the minimum lot width shall be 50 feet and the minimum area shall be 5,000 square feet. In addition, the court should be designed with the following yard requirements:

(a) 

Interior yard requirements:

(1) Front yard: 20 feet along a public street; 15 feet along a private street.

(2) Side Yard No mobile home and/or manufactured home, attachment, or other structure may be located within 15 feet of any other mobile home and/or manufactured home attachment, or structure on a bordering lot. The required side yard on the street side of a corner lot shall be a minimum of 15 feet for the principal building and all accessory buildings provided as follows:

A garage being entered from the street, whether it be attached to or detached, must maintain a twenty-foot setback to prevent obstruction or public right-of-way.

(3) Rear yard. The rear yard setbacks shall be a minimum of 15 feet when bordering a street or 10 feet when bordering an alley except that when a garage is entered from a street or alley at right angles, it shall not be located closer than 20 feet from the rear lot line.

Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than 15 feet from any structure on a neighboring lot. The rear yard setback for mobile homes and/or manufactured homes placed end to end without an intervening street or alley shall be 7.5 feet for each structure which maintains a distance of 15 feet between structures.

(b) 

Exterior yard requirements:

(1) Along public streets. Where mobile home courts adjoin public streets along exterior boundaries, a yard of a least 15 feet in minimum dimensions shall be provided adjacent to such streets. Such yards may be used to satisfy yard requirements for individual lots, but no direct vehicular access to individual lots shall be permitted through such yards, and no group parking facilities or active recreation areas shall be allowed therein.

(2) At Edges of the R-5 Districts Other Than Streets or Alleys.

Where mobile home courts adjoin neighboring districts without an intervening street, alley, or other permanent open space, at least 15 feet shall be maintained between the mobile home and/or manufactured home and boundary line. Where the adjoining district is Residential, the same limitations on occupancy and use of such yards shall apply as stated in part 4(b)(v)(2)(a) above concerning yards on public streets.

5. Mobile home playgrounds. Each mobile home court containing 25 or more lots shall provide playground space equivalent to one lot for every 25 lots in the court. 75% of the playground space, up to one acre, shall be contiguous. A plot plan is to be submitted to the Building Official and Planning Commission indicating type and placement of playground equipment in the playground. The playground shall be fully developed within one year after the first occupancy.

EXHIBITS

FIGURE 1. MINIMUM REQUIREMENTS FOR MOBILE HOME PLACEMENT IN EXISTING MOBILE HOME PARK

SECTION 16 R-6: Manufactured home subdivision district.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 672, Ord. No. 716, Ord. No. 728, Ord. No. 795, Ord. No. 811, Ord. No. 850, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062, Ord. No. 1090]

A. Intent. This district is intended primarily for manufactured home subdivisions allowing manufactured homes as single-family dwellings together with other types of single-family dwellings. Lots and manufactured homes would be in common ownership as in other Residential Districts. Within Manufactured Home Subdivision Districts, manufactured home subdivisions, manufactured home condominiums, or a combination thereof may be established.

It is intended that such manufactured home developments shall be so located, designed, and improved as to provide a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential development to public facilities, places of employment, and facilities for meeting commercial and service needs.

Certain structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed in this district as permitted or special uses subject to restrictions intended to preserve and protect the residential character of the district.

B. Minimum dimensional requirements for R-6 districts: minimum number of lots available at time of opening.

The minimum area for this district shall be five acres. No lot in any manufactured home subdivision or condominium shall be occupied until at least 50% of the proposed lots have been fully improved and are ready for occupancy. To be fully improved, lots should be leveled to grade, streets should be brought to grade and graveled, and sewer, water, and other utilities should be extended to the lots.

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

1. Single-family detached and two-family dwellings including manufactured homes.

2. Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

3. Structures and uses required for operation of a public utility or performance of a governmental function.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1. Community centers, schools, churches, and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care center.

5. Watchman's dwelling as an accessory use for a permitted principal use or structure.

6. Games of chance, provided they are associated with other public or quasi-public uses as listed in the City's Land Use Classification System and allowed in the district.

F. Temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements.

	Minimum Lot Area	Minimum Lot Width
Single-family detached	6,000 square feet	50 feet
Two-family	8,000 square feet	60 feet

H. Minimum yard requirements.

1. Front yard: 15 feet.

a. Attached or detached garage setback on New Residential Development: 25 feet.

2. Side yard. A minimum of 7.5 feet. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

3. Rear yard. Five feet for manufactured homes placed with their longest dimension perpendicular to the principal street frontage and 20 feet for all manufactured homes placed with their longest dimension parallel to the principal street frontage. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except that when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet.

I. Maximum lot coverage by buildings. Not more than 35% of the lot shall be covered by the principal building and all accessory buildings. Any solar collection device or related apparatus, not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area. The minimum floor area for residences, excluding attached garage, shall be 800 square feet.

K. Maximum height of buildings. The maximum height of any building shall be 35 feet.

L. (Reserved)

M. Off-street parking requirements. See Section 25.H. Two spaces per dwelling. 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. Manufactured home installation requirements. All manufactured homes shall meet Guidelines for Manufactured Housing Installations which shall comply with applicable Set-up and Installation Procedures that meet the manufacturer's installation requirements prior to occupancy.

2. Manufactured home skirting requirements. Skirting shall be constructed of brick, stone, finished wood, finished metal, or other acceptable materials approved by the Building Official. The skirting shall be in place within 30 days of placement of the manufactured home on the lot. The tongue and axle of the manufactured home shall be removed if not covered by the skirting. Manufactured homes having perimeter foundations shall not be required to have the above types of skirting.

3. See Section 25.R, Landscaping.

4. See Section 25.S, Buffer Yards.

SECTION 16a R-7: Residential manufactured home subdivision.

[Ord. No. 795, Ord. No. 811, Ord. No. 850, Ord. No. 959, Ord. No. 1007, Ord. No. 1090]

A. Intent. This district is intended primarily for manufactured home subdivisions allowing manufactured homes as single-family dwellings together with recreational vehicles (RV'S). Lots and manufactured homes would both be owned by the same person(s) or entity as in other Residential Districts. Within Residential Manufactured Home Subdivision Districts, manufactured homes subdivisions, manufactured home condominiums, or a combination thereof may be established.

It is intended that such manufactured home developments shall be so located, designed, and improved as to provide a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential development to public facilities, places of employment, and facilities for meeting commercial and service needs.

Certain structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed in this district as permitted or special uses subject to restrictions intended to preserve and protect the residential character of the district.

B. Minimum dimensional requirements for R-7 districts; minimum number of lots available at time of opening.

The minimum area for this district shall be five acres. No lot in any manufactured home subdivision or condominium shall be occupied until at least 50% of the proposed lots have been fully improved and are ready for occupancy. To be fully improved, lots should be leveled to grade, streets should be brought to grade and hard surfaced, and sewer, water, and other utilities should be extended to the lots.

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

1. Single-family detached and two-family dwellings and manufactured homes.

2. Parks, playgrounds, non-commercial private clubhouses, and non-commercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.

3. Structures and uses required for operation of a public utility or performance of a governmental function.

4. RV-recreational vehicles shall be allowed within the district provided it meets all North Dakota State Department of Health standards and placement of the recreational vehicles are within a designated contiguous area approved by the Building Official. No recreational vehicles shall occupy any space for more than 180 days continuously.

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:

1. Home occupations, provided all requirements in Section 31 are met.

2. Solar energy systems.

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

1. Community centers, schools, churches and cemeteries.

2. Nursing homes, hospitals, and medical complexes.

3. Quasi-institutional homes.

4. Group child care homes and child care centers.

5. Watchman's dwelling as an accessory use for a permitted principal use of structure.

6. Games of chance, provided they are associated with other public or quasi-public uses as listed in the City's Land Use Classification System and allowed in the district.

F. Temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements.

	Minimum Lot Area	Minimum Lot Width
Single-family detached	5,000 square feet	50 feet
Two-family	8,000 square feet	60 feet

H. Minimum yard requirements.

1. Front yard: 15 feet. Side Yard - a minimum of 7.5 feet. The required side yard on the street side of a corner lot shall be one-half the required front yard on such street for the principal building and all accessory buildings, provided as follows:

a. A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.

2. Rear yard: five feet for manufactured homes placed with their longest dimension perpendicular to the principal street frontage and 20 feet for all manufactured homes placed with their longest dimension parallel to the principal street frontage. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than three feet to any side or rear lot line, except that when a garage is entered from an alley at right angles, it shall not be located closer than 25 feet from the rear lot line. The required rear setback for an attached garage with vehicular entry from an alley shall be 25 feet.

I. Maximum lot coverage by buildings. Not more than 45% of the lot shall be covered by the principal building and all accessory buildings. Any solar collection device or related apparatus, not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area. The minimum floor area for residences, excluding attached garage, shall be 800 square feet.

K. Maximum height of buildings. The maximum height of any building shall be 35 feet.

L. Sign limitations. See Section 25.G, General Sign Regulations.

1. One identification sign shall be permitted per residential use, provided such sign does not exceed two square feet in area; said sign may be wall, freestanding or projecting type, but not projecting over public property.

2. In connection with residential subdivisions, no sign intended to be read from any public way adjoining the district shall be permitted except:

a. No more than two identification signs, not exceeding 24 square feet in area, for each principal entrance.

b. In the case of new subdivisions, one sign not exceeding 32 square feet in area, may be erected for a period of not more than two years at each principal entrance to advertise the sale of lots or dwellings.

3. No more than one sign, not exceeding six square feet in area, advertising property for sale or rent.

M. Off-street parking requirements. See Section 25.H. Two spaces per dwelling. 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. Manufactured home installation requirements. All manufactured homes shall meet Guidelines for Manufactured Housing Installations which shall comply with applicable Set-up and Installation Procedures that meet the manufacturer's installation requirements, prior to occupancy.

2. Manufactured home skirting requirements. Skirting shall be constructed of brick, stone, finished wood, finished metal, or other acceptable materials approved by the Building Official. The skirting shall be in place within 30 days of placement of the manufactured home on the lot. The tongue and axle of the manufactured home shall be removed if not covered by the skirting. Manufactured homes having perimeter foundations shall not be required to have the above types of skirting.

3. See Section 25.R, Landscaping.

4. See Section 25.S, Buffer Yards.

SECTION 17 P: Parks and open space district.

[Ord. No. 613, Ord. No. 645, Ord. No. 716, Ord. No. 959, Ord. No. 1007, Ord. No. 1028, Ord. No. 1062; amended 11-22-2022 by Ord. No. 1139]

A. Intent. This district is intended to contain major open lands and major public and quasi-public recreational uses, including privately-owned lands and uses that are essentially public in character. These lands and uses include existing land reserves for public and institutional use.

B. Minimum dimensional requirements. None.

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

1. Parks, playgrounds, cemeteries and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, and the like.

2. Structures and uses required for operation of a public utility or performance of a governmental function, except for those permitted only as special permitted uses.

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 solar energy systems.

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

1. Libraries and recreation centers.

2. Watchman's dwelling as an accessory use for a permitted use or structure.

3. Electrical substation and gas regulator stations, provided:

a. For each electric substation where transformers are exposed there should be an enclosing fence at least six feet high.

b. The height requirements may be exceeded, provided that for each additional one-foot height an additional one-foot of front, rear, and side yard shall be required.

4. Water reservoirs, water storage tanks, water pumping stations, and sewer lift stations provided;

a. For each instance the Planning and Zoning Commission shall be provided with plot plans showing the proposed installation and its relationships to any near by property.

b. The Planning and Zoning Commission shall prescribe conditions as to setbacks, etc. for each installation.

5. Storage of flammable or combustible liquids above-ground, and storage of liquefied petroleum gases and hazardous materials as an accessory use, provided all Federal, State and local requirements are met.

6. Seasonal Commercial Recreation Uses, Subject to Section 25.O.3bvi.

F. Temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements. The minimum lot requirements shall be the same as those of the most restrictive neighboring district.

H. Minimum yard requirements. The minimum yard requirements shall be the same as those of the most restrictive neighboring district.

I. Maximum lot coverage by buildings. The maximum lot coverage by buildings in this district shall be the same as the most restrictive neighboring district. Any solar collection device or related apparatus, not included as floor area of a building by definition, shall not be included in computing lot coverage.

J. Minimum floor area. None.

K. Maximum height of building. The maximum height of any building shall be the same as that of the most restrictive neighboring district.

L. (Reserved)[1]

[1] Editor's Note: Former Subsection L, Sign limitations, was repealed 10-13-2020 by Ord. No. 1121. See now Section 25.G, General Sign Regulations.

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. See Section 25.R, Landscaping.

2. See Section 25.S, Buffer Yards.

SECTION 18 (Reserved) [1]

[Ord. No. 1092]

[1] Note: P-1: Planned Unit Development Overlay District established by Ord. Nos. 613 and 850 was repealed by Ord. No. 1092

SECTION 18a P-2: Planned unit development overlay district.

[Ord. No. 922, Ord. No. 1092]

A. Purpose. The purpose of the Planned Unit Development (PUD) regulations is to encourage and allow more flexible and creative design of land developments than is possible under district zoning regulations. Planned Unit Developments are intended to allow substantial flexibility in planning and designing a proposal. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. In return for greater flexibility in site design requirements, planned developments are expected to deliver quality community designs that preserve critical environmental resources, provide above-average open space and circulation, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. In the PUD process greater density or more lenient siting requirements may be granted, however, the Planned Unit Development should contain features not normally required of traditional developments. To insure compatibility with surrounding land uses and to preserve health, safety, and general welfare of the community residents, analysis of the proposal requires more information than would be required if development were being pursued under conventional zoning requirements.

B. Objectives.

1. Provide flexibility in architectural design, placement, and clustering of buildings; use of open areas and outdoor living areas; provision of circulation facilities and parking; and related site and design considerations;

2. To promote logical development patterns of residential, commercial, office, industrial and mixed use developments, while protecting the character and quality of adjacent uses;

3. To ensure adequate provision of public services such as water, sewer, electricity, open space and parks;

4. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flooding;

5. To encourage development of vacant properties within developed areas;

6. Encourage conservation of natural features.

C. Applicability. A PUD overlay district may be approved only when the applicant demonstrates to the satisfaction of the Board of City Commissioners that the PUD project would result in a greater benefit to the City than would a development under conventional zoning district regulations.

D. Project size. A PUD may have a lot size of less than six acres when the City Commission finds:

1. That an unusual physical or topographic feature of importance to the area as a whole exists on the site or in the surrounding neighborhood that will contribute to and be protected by the PUD; or

2. That the property or the surrounding area has an historic character of importance to the community that will be protected by the PUD; or

3. That the proposed PUD is adjacent to an approved PUD that has been completed and will contribute to the amenities and functionality of the neighborhood; or

4. When undertaken on unused land or land in need of redevelopment, at density levels that approximate, or in some instances exceed, historic density patterns can improve efficient use of existing infrastructure, conserve open space, achieve a sense of neighborhood, and reduce public and private costs. Architecture and building materials shall be consistent with the design of the development and compatible with the surrounding neighborhood.

E. Standards for planned unit developments.

1. Compatibility of uses. A PUD may include any uses permitted in any zone classification provided that any combination of uses is planned in manner compatible to each and to the surrounding environment. Proposed uses must be specified as part of the Master Land Use Plan. The Board of City Commissioners shall establish the list of uses allowed in a PUD Zoning District in the ordinance adopting the PUD Overlay District as part the PUD Master Land Use Plan approval process.

In addition, the PUD shall not endanger the public health, welfare, or safety in the neighborhood in which it is to be located.

2. Residential density. It is required that a zoning amendment request accompany the PUD application if the gross density of the proposed development substantially exceeds the gross density permitted in the underlying zoning district.

The maximum density standards of the underlying zoning district may be increased by the Board of City Commissioners during the PUD review and approval process.

3. Lot size. The minimum lot size standards of the underlying zoning district may be reduced by the Board of City Commissioners during the PUD review and approval process.

4. Setbacks. The minimum setback standards of the underlying zoning district may be reduced by the Board of City Commissioners during the PUD review and approval process. Unless otherwise expressly approved during PUD review and approval process, buildings located on the periphery of the PUD must be set back a minimum of 20 feet from the PUD District boundary.

5. Height. The maximum height limits of the underlying zoning district may be increased by the Board of City Commissioners during the PUD review and approval process.

6. Building coverage. The maximum building coverage standards of the underlying zoning district may be increased by the Board of City Commissioners during the PUD review and approval process.

7. Open space. Unless otherwise expressly approved during the PUD review and approval process at least 10% of the gross land area in PUDs must consist of open space.

8. Site access. Any PUD containing over 50 dwelling units or 30,000 square feet of nonresidential floor space must provide at least two access points, wherever possible.

9. Additional conditions. The Planning Commission shall recommend and the Board of City Commissioners shall impose such other conditions as are necessary to accomplish the purposes of this ordinance.

F. Planned unit development zone description. The Planned Unit Development (PUD) P-2 Zone is a type of overlay zoning district and a type of development plan. PUD Zoning Districts are linked to PUD plans in that no rights of development apply to a PUD zoning designation other than those of the approved PUD plan.

G. Process overview. PUDs shall be processed in three stages: Master Land Use Plan; Rezoning to the PUD Overlay District and Final Plan. Master Land Use Plans and Rezoning may be processed concurrently, provided that no rezoning to the PUD District may occur until approval of a PUD Master Land Use Plan. If the proposal varies substantially from the underlying zone, the base zone would need to be rezoned and can run concurrently with the PUD Overlay District. After approval of a Master Plan, approval can be obtained for a Final Plan for the total area or for a phase. The applicant may request the Master Plan and Final Plan be approved concurrently.

1. The PUD Master Land Use Plan application is reviewed with respect to such issues as density, including the number, type and location of dwelling units and other uses; impacts on surrounding areas; access; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for the development of the PUD. PUD Master Plan approval establishes the maximum development "envelope" with regard to density, lot sizes, overall scale, open space, environmental protection and other land development and service provision issues.

2. After approval of a PUD Master Plan, a PUD zoning map amendment may be approved, or a PUD zoning map amendment may be processed concurrently with the PUD Master Land Use Plan. Approval of the Master Land Use Plan and related rezoning shall establish the basic right of use for the area in conformity with the plan as approved. Such plan shall be conditioned upon approval of a specific Final Plan, and shall not make permissible any of the uses as proposed until a Final Plan is submitted and approved.

3. The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The approved PUD Final Plan shall control development within the PUD. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Master Land Use Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met.

4. Coordination with the subdivision regulations. A subdivision plat under the ordinance requirements for subdivisions may also be considered.

H. PUD master land use plan. A PUD Master Land Use Plan is a generalized land use plan for the entire area proposed to be included within a PUD. The purpose of a PUD Master Land Use Plan is to allow early review of the proposed PUD before substantial technical planning work has been undertaken.

Application. An application for a Master Land Use Plan shall be filed with the Planning Department and at a minimum; the application shall contain the following information:

1. Development plan.

a. Name, address and phone number of applicant;

b. Name, address and phone number of registered surveyor, registered engineer and/or consultant assisting in the preparation of the Master land Use Plan;

c. Legal description of the property;

d. Description of existing use of the property and the immediately adjacent land uses;

e. Current zoning districts for the subject property and for the immediately adjacent properties;

f. Proposed underlying zoning districts for the subject property;

g. Definitions of the proposed land use designations, including density ranges for each land use designation and proposed housing product types for residential development shown on the Master Land Use Plan graphics;

h. A statement comparing the proposed development with the standards of the underlying zoning district and otherwise applicable standards of the zoning ordinance. The reasons why, in the applicants opinion, the PUD would be in the public interest;

i. A table setting the minimum and maximum total dwelling units and nonresidential square footage, and the minimum acreage for common open space, natural resource areas, public buildings, and other public uses; and any other proposed uses;

j. A written description of residential and mixed-use neighborhoods; commercial, office, and research and development uses; common open space and natural resource areas, public buildings, schools, and other public uses; and any other proposed uses;

k. Implementation schedule. The proponents of a PUD District shall submit a proposed schedule for the implementation of the development to the satisfaction of the City Commission including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

2. Master land use plan graphics. A vicinity map showing property lines, streets, existing and proposed zoning and such other items as the administrator may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;

A map drawn to scale showing:

a. Topography at two foot intervals;

b. Land use designations for each distinct use in the site and in adjacent areas;

c. A transportation circulation system including, primary points of vehicular access and major interior street alignments that include proposed right-of-way widths; proposed pedestrian pathway locations and widths, and proposed bikeway locations and widths. Other traffic impact information may be required based on size of project and surrounding area;

d. Typical landscaping and screening treatments;

e. Common open space and natural resource areas;

f. A preliminary public infrastructure plan, including storm drainage, sewer, water, power, telephone, natural gas and such other characteristics as the Planning Director deems necessary.

I. PUD Master land use plan review procedure.

1. Preapplication conference. Before submitting a PUD Master Land Use Plan, the applicant shall confer with the City Planner and other designated City Officials. The purpose of this preapplication conference is to discuss the proposal and the applicable development review and approval procedures.

2. Application. A complete application for the PUD Master Land Use Plan shall be submitted to the Planning Department along with the application fee that has been established by the Board of City Commissioners 30 days prior to the date of the public hearing.

3. Public notice. A notice of such hearing shall be published in the official newspaper of the City once a week for two successive weeks prior to the date of hearing. A written notice of the Planning Commission public hearing to neighboring property owners shall follow the procedures of the City for a rezone.

4. Review and report-City planner. The City Planner shall prepare a staff report that reviews the PUD Master Land Use Plan application with the development standards and policies of this ordinance. The City Planner shall provide a copy of the report to the Planning Commission and the applicant.

5. Review and recommendation-planning commission. The Planning Commission shall hold a public hearing to consider the proposed Master Land Use Plan and rezoning according to the following criteria:

a. The PUD Overlay Zone is necessary to accomplish the project and the plan could not have been accomplished through strict application of otherwise applicable base zoning district standards, based on the purpose and intent of the zoning ordinance;

b. The City and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed;

c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;

d. The PUD Master Land Use Plan complies with the PUD standards of this ordinance;

e. That strict adherence to the requirements of the zoning ordinance is not required in order to insure the health, safety and welfare of the future occupants of the proposed development;

f. That the proposed development is consistent with the goals, objectives and policies of the General Plan; The Planning Commission shall recommend approval or denial of the PUD Master Land Use Plan application and transmit a recommendation of its action to the Board of City Commissioners within 90 days after the time of referral of the application for a PUD permit to the Planning Commission, unless said Board and the applicant is agreeable to an extension of time.

6. Review and action — Board of City Commissioners. After submission of the recommendation by the Planning Commission to the Board of City Commissioners, or, in the event of the failure of the Planning Commission to so report, 90 days after the time of referral of the proposed amendment to the Planning Commission, the Board of City Commissioners shall hold a public hearing to consider the proposed rezoning and PUD Master Land Use Plan application. The Board of City Commissioners shall act to approve, approve with conditions or deny the proposed PUD Master Land Use Plan. A notice of such hearing shall be published in the official newspaper of the City once a week for two successive weeks prior to the date of hearing.

If the Board of City Commissioners acts to approve the PUD Master Land Use Plan, it shall establish required time-frames for development of the entire PUD and its individual phases, if any.

7. Effect of PUD master land use plan approval; lapse of approval. Approval of a PUD Master Land Use Plan shall constitute acceptance of the overall general planning concepts for the proposed PUD development and is a prerequisite for the filing of a PUD Final Plan and PUD overlay zoning classification.

An approved PUD Master Land Use Plan shall lapse and be of no further force and effect if a PUD Final Plan for the PUD (or a phase of the PUD) has not been approved within two years of final legal authorization by the City Commission of the PUD Master Land Use Plan. The approval of the PUD Master Land Use Plan shall be considered lapse and shall be of no further force and effect unless appropriate time extensions have been granted by the City Commission prior to expiration. In the event of such lapse, the PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. In the event of lapse of approval pursuant to this section, the Planning Commission shall initiate action to remove the land from the PUD Overlay Zoning District and may initiate action to rezone the property to its former base zoning district classification.

8. Appeal. If a protest against such planned unit development is filed, duly signed by owners of 20% or more, of the area adjacent, extending 150 feet from the area which is the subject of the proposed PUD permit, excluding the width of streets, the planned unit development permit shall not become effective except by the favorable vote of three-fourths of all members of the Board of City Commissioners. Protests must be in writing and must be filed with the City Auditor prior to the time set for the hearing.

J. PUD final plans.

1. A survey of the proposed development site to include: showing the dimension and bearings of the property lines, area of the site in gross acres, topography and existing natural features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;

2. A site plan to include: all the information required on the master land use plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties; parking areas, streets, easements, utilities, buildings and setbacks, common open space and recreation areas; vehicular and pedestrian circulation and their relationship to the project;

3. Tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; standards for building height;

4. Engineering feasibility studies and plans showing, as necessary, water, sewer, storm drainage, electricity, telephone and natural gas installations; street improvements and a grading plan demonstrating the nature and extent of earthwork required for site preparation and development;

5. Flexibility in parking could be considered when demonstrated through market studies or appropriate planning or transportation engineering documentation to support the proposal;

6. Typical building plans and exterior elevations; architectural features, such as building scale, form, material types and colors;

7. Landscaping plans;

8. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained;

9. A financing plan for on-site and off-site improvements or Development agreement detailing public improvements and financing plan.

K. PUD final plan approval.

1. Review and report — City planner. The City Planner shall prepare a staff report that reviews the PUD Final Plan application with respect to the approved PUD Master Land Use Plan and all other applicable development standards and planning policies.

2. Review and action — planning commission. The Planning commission shall consider the PUD Final Plan application and act to approve or deny the PUD Final Plan application.

3. PUD Final plan review criteria. A PUD Final Plan shall be approved by the Planning Commission if it is determined by the Planning Commission to be in substantial compliance with the approved PUD Master Land Use Plan so long as, when compared with the PUD Master Land Use Plan, it does not result in:

a. An increase in project density or intensity, including the number of housing units per acre or the amount of nonresidential floor area per acre;

b. A change in the mix of housing types or the amount of land area devoted to nonresidential uses;

c. A reduction in the amount of open space;

d. Any change to the vehicular system that results in a significant change in the amount or location of streets, common parking areas, and access to the PUD;

e. Any change determined by the Planning and Zoning Commission to represent an increase in the development intensity; or

f. A substantial change in the layout of buildings.

L. Effect of approval; lapse of approval. Approval of a PUD Final Plan shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD Final Plan. The right to develop in accordance with an approved PUD Final Plan shall lapse and be of no further effect if all development shown on the PUD Final Plan is not complete within the time-frame established by the Board of City Commissioners during review of the Master Land Use Plan. In the event of such lapse of approval, the PUD Final Plan and PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. In the event of lapse of approval pursuant to this subsection, the Planning Commission shall initiate action to remove the land from the PUD Overlay Zoning District.

M. Appeal of the Planning Commission decision. Appeals would follow the procedures as outlined in Section 28. Board of Adjustments/Appeals-Subsection C. Remedies.

N. Amendments to a final plan. Building permits and other development approvals shall be issued on the basis of the approved Final Plan and any conditions of approval. No City administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following:

1. Minor changes.

a. Minor changes to a planned unit development may be approved administratively and in writing, if at all, by the Planning Director, whereupon a permit may be issued. Such changes may be authorized without additional public hearings at the discretion of the Planning Director. This provision shall not prohibit the Planning Director from requesting a recommendation from a Planning Ad Hoc Committee, the Planning Commission, or City Commission.

b. Minor changes shall be defined as:

(i) Those developments that do not change the character of the development;

(ii) An increase of less than 5% in the approved number of residential dwelling units;

(iii) An increase of less than 5% in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;

(iv) The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this ordinance.

2. Major changes.

a. Major changes to a planned unit development shall be approved, If at all, only by the City Commission, and must follow the same planned unit development review and public hearing process required for approval of a PUD Master Land Use Plan.

b. Major changes shall be defined as follows:

(i) A change in the character of the development;

(ii) An increase of greater than 5% in the approved number of residential dwelling units;

(iii) An increase of greater than 5% in the approved gross leasable floor areas of retail, service, office and/or industrial buildings;

(iv) A reduction in the approved open space;

(v) A change in the location and placement of buildings;

(vi) An increase in the number of lots above what was approved through the Final Plan review.

SECTION 19 C-1: neighborhood commercial district.

[Ord. No. 613, Ord. No. 635, Ord. No. 645, Ord. No. 662, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 959, Ord. No. 1007, Ord. No. 1028, Ord. No. 1062]

A. Intent. This district is intended to encourage the development of small and compact areas for service establishments to serve frequent commercial and personal service needs of residents within convenient traveling distance. It is not intended to permit major commercial or service establishments in such districts nor any automobile service stations. Extension of this district along major streets in a "strip" fashion is not intended and shall be discouraged.

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 this district shall be one acre.

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

1. Retail stores and shops and small service businesses providing they do not employ more than five persons per shift, or serve alcoholic beverages on the premises, including:

a. Bakery, confectionery, delicatessen, and the like, provided that products prepared or processed on the premises shall be sold on the premises.

b. Barber shop and beauty shop.

c. Drug store, newsstand, and tobacco shop.

d. Eating and drinking establishments, except drive-in and those serving alcoholic beverages on the premises.

e. Florist, gift shop, stationery store, and the like.

f. Laundry and dry cleaning establishments including self-service.

g. Convenience grocery stores, provided no gas pumps, are included.

2. Churches.

3. Public buildings and uses appropriate to the character of the district or requiring location within the district.

4. Public utilities installations and substations provided that offices or storage or maintenance installations shall not be permitted. Utilities substations other than individual transformers shall be screened from Residential or Agricultural Districts by a masonry wall or a fence with a properly maintained screening hedge.

5. Group child care homes and child care centers.

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:

1. One dwelling unit as an accessory use for occupancy by owners or employees of permitted uses only, provided that such dwelling or lodging unit shall be located above or behind permitted uses in such a way they do not interrupt commercial frontage.

2. Solar energy systems.

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

1. Private clubs, lodges, social centers, athletic clubs, and the like.

2. Business and professional offices.

3. Medical offices and clinics.

4. Multi-family dwelling units located with permitted principle uses.

5. Convenience grocery store with gas pumps.

6. Games of chance.

7. Bed and breakfast inns.

F. Temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements.

1. Minimum lot area: 8,000 square feet.

2. Minimum lot width: 80 feet.

H. Minimum yard requirements.

1. Front yards adjacent to Residential or Agricultural Districts. Where a C-1 District adjoins a Residential or Agricultural District without an intervening street or alley, and where lots separated by the boundary have adjacent front yards, the first lot within the C-1 District, or 100 feet of such lot (whichever is less) shall provide a front yard of the minimum depth required in the adjoining district. Such yard shall be landscaped, as required by Section 25.R and buffered as required by Section 25.S.

2. Side and rear yards adjacent to Residential or Agricultural Districts. Where a C-1 District adjoins a Residential or Agricultural District without an intervening street or alley, a side and rear yard of the same minimum dimension as required for the adjoining yard in the Residential or Agricultural District shall be provided. Side and rear yards shall be landscaped as required by Section 25.R and buffered as required by Section 25.S. No such yard shall be used for parking.

3. Other than indicated above, all yards adjacent to streets shall have a minimum depth of 10 feet which shall be landscaped as required by Section 25.R and buffered as required by Section 25.S. No such yard shall be used for parking.

I. Maximum lot coverage by buildings. None.

J. Minimum floor area. The minimum floor area for individual dwelling units which are located with permitted principal uses shall be 450 square feet.

K. Maximum height. Except as allowed below, no structure shall exceed two stories, or 25 feet, or shall exceed the prevailing height of existing residential structures on adjacent premises (including premises across streets, easements, and right-of-ways).

Public, semi-public, or public service buildings, hospitals, institutions, schools, or churches may be erected to a height not exceeding 60 feet, provided that the front yard depth shall be 30% in excess of those specified in this district, and further provided that the side yards of an interior lot shall be 20 feet and the front yard requirements as stated herein above.

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. None.

SECTION 20 C-2: general commercial district.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 703, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 819, Ord. No. 865, Ord. No. 959, Ord. No. 971, Ord. No. 1007, Ord. No. 1016, Ord. No. 1028, Ord. No. 1039, Ord. No. 1059, 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 for urban development and which are provided with a full range of public services, including sewer, water, fire protection, and arterial streets, or are intended to be provided with such services in the near future. This district is intended to encourage those types of development which require large quantities of retail space which are not available in the downtown business area.

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 this district shall be two acres, except for areas as defined in the attached exhibit, located along Highway 2/85 between 26th Street and 58th Street, which are marked on the Future Land Use Map as "Commercial" or "Future Industrial to Commercial Transition Area" to Areas which are defined by the Future Land Use Map as "Commercial" or "Future Industrial to Commercial Transition Area" which are delineated on this map may be re-zoned to C-2: General Commercial, with no minimum district size.

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

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 and games of chance.

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, auditorium and similar places of public assembly, libraries and museums.

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. Churches.

10. Delicatessen and catering establishments, grocery stores, and restaurants.

11. Furniture and home furnishing stores, hardware stores, household appliance stores, interior decorating shops, and lumber yards.

12. Hotels, motels, private clubs, fraternities, sororities, and lodges.

13. Medical, dental, and health clinics; medical and orthopedic appliance stores; optician and optometrist shops.

14. Nursing homes, hospitals and medical complexes.

15. Mortuaries.

16. Dwellings provided the ground floor is used as retail space.

17. Group child care homes and child care centers.

18. Quasi-institutional homes.

19. Railroads and railroad right-of-ways.

20. Automobile and mobile home sales, auto service and repair shops, gasoline or service stations, car washes, and tire repair shops.

21. Wholesale establishments.

22. Plumbing and sheet metal shops.

23. Animal hospitals or veterinary clinics, provided they are in a completely enclosed building, and pet shops.

24. Mini-storage buildings.

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 solar energy systems.

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

1. Parking lots and parking ramps.

2. Shopping centers.

3. Bed and breakfast inns.

4. Schools.

5. Compassion Center — Distributer.[1]

[1] Editor's Note: See Appendix A Special Permitted Uses for additional provisions and Exception Parcels Exhibit included as attachments to this chapter.

F. Special permit temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements. None.

H. Minimum yard requirements. None.

I. Maximum lot coverage by buildings. None.

J. Minimum floor area. The minimum floor area for individual dwelling units which are located with permitted principal uses, shall be 450 square feet.

K. Maximum height of buildings. Except as provided in Section 25.D, no structure shall exceed 10 stories, or 100 feet in height, provided that no structure or portion of a structure shall be erected to a height exceeding 45 feet on any portion of a lot less than 20 feet in distance from any portion of a lot in any C-1 or Residential District.

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. See Section 25.R., Landscaping.

2. See Section 25.S., Buffer Yards.

EXHIBITS

Exception Parcels is included as an attachment to this chapter.

Future Transition Area and Commercial Area - See following page.

SECTION 21 C-3: restricted commercial district.

[Ord. No. 613, Ord. No. 633, Ord. No. 645, Ord. No. 662, Ord. No. 703, Ord. No. 716, Ord. No. 728, Ord. No. 809, Ord. No. 850, Ord. No. 865, Ord. No. 914, Ord. No. 959, Ord. No. 961, Ord. No. 1007, Ord. No. 1025, Ord. No. 1028, Ord. No. 1052 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 for urban development and which are provided with a full range of public services, including sewer, water, fire protection, and arterial streets, or are intended to be provided with such services in the near future. This district is intended to protect and encourage the development of community core areas that function efficiently as centers of community business activity.

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 this district shall be two acres.

C. Permitted Uses and Structures in the C-3 Restricted Commercial District, excluding the 2008 Renaissance Zone. The following uses shall be permitted:

1. Small business machine sales, repair and service shops, auto supply stores, bicycle shops, and household appliance repair shops.

2. Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, and commercial recreation uses, and games of chance.

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, metal and handicraft stores, specialty shops, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic goods stores, toy stores, variety stores and other specialty shops.

5. Governmental services, auditorium and similar places of public assembly, libraries, and museums.

6. Banks and other savings and lending institutions, offices and office buildings, office supply and office equipment stores, newspaper offices, printing and publishing offices.

7. Barber and beauty shops, dry cleaners and laundry establishments, book and stationery 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. Churches.

10. Delicatessen and catering establishments, grocery stores, and restaurants.

11. Furniture and home furnishings stores, hardware stores, household appliance stores, and interior decorating shops.

12. Hotels, motels, and lodges.

a. Hotel/motel: the definition for "hotel or motel is in Section 31 of the Zoning Ordinance and states "a building used as a transient abiding place for persons who are lodged for compensation."

b. Lodging houses as defined in Section 31, are not permitted. Lodges are defined as a building or portion thereof or premises owned or operated by any corporation or association organized for civic, fraternal, social, or business purposes, or for the promotion of sports.

13. Medical, dental and health clinics, medical and orthopedic appliance stores, opticians, and optometrist shops.

14. Nursing homes, hospitals and medical complexes.

15. Mortuaries.

16. Dwelling units, provided the ground floor is used as a permitted C-2 General Commercial use as defined by Section 20.C. of this ordinance or amendments thereof and the basement of the building is not used as a dwelling unit.

[Amended 6-9-2020 by Ord. No. 1111]

a. Pursuant to Subsection 21.C.16, dwelling unit shall mean an individual dwelling unit for a single family with a minimum living area of 450 square feet and containing its own restroom and cooking facilities. Residential units are intended to be standard apartments and would fall under the definition of family in Section 31. Individual dwelling units greater than three bedrooms can be considered with an SPU.

b. Dwelling units will be considered above commercial (non-retail) space as a special permitted use.

17. Group child care homes and child care centers.

18. Railroad and railroad right-of-ways, taxi, or bus stations.

19. Pet shops.

D. Permitted uses and structures in the C-3 Restricted Commercial District within the 2008 Renaissance Zone.

The following uses shall be permitted:

Intent of Zoning within the 2008 Renaissance Zone. Within the Renaissance Zone, properties that are zoned C-3 are permitted to contain dwellings above the first floor, as long as the first floor of the building is used as retail space and the basement is not used as a dwelling. "Retail Space" does not include offices, and is intended to include restaurants and shops that sell goods. These uses fall under the building code "M" (Mercantile) Occupancy. Offices will be allowed on the second floor within the Renaissance Zone. Dwelling unit means an individual dwelling unit for a single family with a minimum living area of 450 square feet and containing its own restroom and cooking facilities. Individual dwelling units greater than three bedrooms can be considered with an SPU. Dwelling units are intended to be standard apartments and would fall under the definition of family in Section 31.

The following are subject to review and approval at the time of the building permit for any proposed residential, including the Renaissance Zone:

a. Applicable building and fire codes.

b. Verification from private lot owner or the Parking Authority that off-street parking for the proposed uses can be provided.

c. Consideration for loading/unloading demands for the associated business and residential use.

The following are subject to review and approval at the time of the building permit for any proposed development, including the Downtown District:

a. Applicable building and fire codes.

b. Verification from private lot owner or the Parking Authority that off-street parking for the proposed uses can be provided.

c. Consideration for loading/unloading demands for the associated business and residential use.

d. Review by the Downtown Design Review Board, as established in Resolution No. 16-063 and as noted in Section 21.O. 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.

1. Small business machine sales, repair and service shops, auto supply stores, bicycle shops, and household appliance repair shops.

2. Amusement places, taverns or lounges, package liquor stores, theaters, bowling alleys, and commercial recreation uses, and games of chance.

3. Antique shops and stores, provided all merchandize is displayed and sold inside a building, art and art supply stores.

4. Apparel and accessory shops, clothing and costume rental shops, custom dressmaking shops, furrier shops, tailor shops, department stores, jewelry, metal and handicraft stores, specialty shops, watch repair shops, leather goods and luggage stores, shoe and shoe repair stores, sporting and athletic good stores, toy stores, variety stores and other specialty stores.

5. Governmental services, auditorium and similar places of public assembly, libraries and museums.

6. Banks and other savings and lending institutions, offices and office buildings, office supply and office equipment stores, newspaper offices, printing and publishing offices.

7. Barber and beauty shops, dry cleaners and laundry establishments, book and stationery 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. Churches.

10. Delicatessen and catering establishments, grocery stores, and restaurants.

11. Furniture and home furnishing shops, hardware stores, household appliance stores, and interior decorating shops.

12. Hotels, motels, and lodges.

a. Hotel/motel: the definition for "hotel or motel" is Section 31 of the Zoning Ordinance and states "a building used as a transient abiding place for persons who are lodged for compensation."

b. Lodging houses as defined in Section 31, are not permitted. Lodges are defined as a building or portion thereof or premises owned or operated by any corporation or association organized for civic, fraternal, social, or business purposes, or for the promotion of sports.

13. Medical, dental and health clinics, medical and orthopedic appliance stores, opticians, and optometrist shops.

14. Nursing homes, hospitals, and medical complexes.

15. Mortuaries.

16. Dwelling Units, provided the ground floor is used as retail space, and the basement of the building is not used as a dwelling unit.

a. Pursuant to Subsection 21.D.16, dwelling unit shall mean an individual dwelling unit for a single family with a minimum living area of 450 square feet and containing its own restroom and cooking facilities. Residential units are intended to be standard apartments and would fall under the definition of family in Section 31. Individual dwelling units greater than three bedrooms can be considered with an SPU.

17. Group child care homes and child care centers.

18. Railroad and railroad right-of-ways, taxi or bus stations.

19. Pet shops.

E. Permitted accessory uses and structures in both Sections 21.C and 21.D. Uses and structures that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including solar energy systems.

F. Special permitted uses in both Sections 21.C and 21.D. The following shall be considered for special permitted uses:

1. Parking lots and parking ramps.

2. Gasoline and service stations, and car washes.

3. Shopping centers.

4. Auto dealerships.

5. Bed and breakfast inns.

6. Pet shops.

7. Quasi institutional homes.

8. Dwelling units with more than three bedrooms.

9. Compassion Center - Distributer.[1]

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

F(1). Temporary uses in both Sections 21.C and 21.D.

None, other than those allowed under SECTION 25.O.

G. Minimum lot requirements in both Sections 21.C and 21.D. None.

H. Minimum yard requirements in both Sections 21.C and 21.D. None.

I. Maximum lot coverage by building in both Sections 21.C and 21.D. None.

J. Minimum floor area in both Sections 21.C and 21.D. The minimum floor area for individual dwelling units which are located with permitted principal uses, shall be 450 square feet.

K. Maximum height of buildings in both Sections 21.C and 21.D. Except as provided in Section 25.D., no structure shall exceed 10 stories, or 100 feet in height, provided that no structure or portion of a structure shall be erected to a height exceeding 45 feet on any portion of a lot less than 20 feet in distance from any portion of a lot in any C-1 or Residential District.

L. (Reserved)

M. Off-street parking requirements in both Sections 21.C and 21.D. 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 in both Sections 21.C and 21.D.

1. See Section 25.R., Landscaping.

2. See Section 25.S., Buffer Yards.

3. In the Downtown District, designated by Exhibit 21.A 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. In addition, 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.

EXHIBITS

Exception Parcels is included as an attachment to this chapter.

Downtown Boundary Map - See following

Williston 2008 Renaissance Zone - See following

SECTION 21a HCC: Highway Corridor Comercial District

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

A. 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.

B. 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.

C. 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.

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

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

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

7. Grain and feed mills, grain elevators.

8. Compassion Center — Distributer.[1]

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

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

G. Minimum lot requirements.

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

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

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

4. 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.

H. Minimum yard requirements. None.

I. Maximum lot coverage by buildings. None.

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

1. 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.

2. 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.

3. 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.

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

L. Design criteria.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

a. 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.

b. 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.

c. 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.

d. 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.

M. 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:

1. 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.

2. 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.

3. 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.

N. 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.

SECTION 21b 2nd Street West Commercial Overlay District.

[Added 4-12-2022 by Ord. No. 1130]

A. Intent.

This overlay district is intended to provide flexibility within the area defined by Exhibit A[1] of the existing C-2: General Commercial District for existing lots constrained by lot size, commercial access to off-street parking, restrictions on alley use for commercial purposes and non-conforming residential structures.

Goals of the district include:

1. Create viable uses for interior lots without commercial access from 2nd Street West or adjacent side streets.

2. Minimize spillover parking concerns in the adjacent residential area.

3. Encourage parcels to be merged with corner lots having side street access.

[1] Editor's Note: Exhibit A, 2nd Street West Overlay District, is attached to this chapter as Attachment 11.

B. Lot Types and Requirements.

1. Corner lots that are 7,000 square feet or less with side street access may utilize Section 21b.C. or follow all requirements of Section 20.C. and Section 25.H.

2. Corner lots with side street access that are greater than 7,000 square feet must meet all requirements in Section 20C. and Section 25.H.

3. Lots with no commercial access to 2nd Street West or to a side street, referred to as "interior lots" or "no access lots" may utilize the Maximum Use allowances in Section 21b.C.

C. Maximum Use Allowance.

1. Maximum allowed use size for new or expanded buildings:

a. Retail: 130 square feet of retail GFA per 1,000 square feet of lot size (Ex: 910 square feet of retail GFA on a 7,000 square feet lot).

b. Restaurant: 70 square feet of restaurant GFA per 1,000 square feet of lot size (Ex: 490 square feet of restaurant GFA on a 7,000 square feet lot).

c. Office: 145 square feet of office GFA per 1,000 square feet of lot size (Ex: 1,015 square feet of office GFA on a 7,000 square feet lot).

d. Barber Shop or Salon: 1 chair per 3,500 square feet of lot size (Ex: 2 chairs on a 7,000 square feet lot).

2. Maximum allowed use size on existing buildings:

a. For existing buildings that are smaller than the building sizes listed above, expansion is allowed up to the allowances listed above.

b. For existing buildings that are larger than the allowances above, the full size of the building may be used, but no expansion is allowed.

3. Parking Requirements: See Section 21b.O.

4. There is no maximum use allowance when following Sections 20.C and 25.H other than the lot development standards of Section 21b.

D. Permitted Uses.

The following uses shall be permitted in Subsection C. Maximum Use Allowance: The allowable uses in this district shall not be limited to those enumerated as permitted uses, however, all uses shall be similar in character.

1. Retail:

a. Small business machine sales, bicycle shops and sales, office supply and office equipment stores, print shops.

b. Antique shops and stores, providing all merchandise is displayed and sold inside a building, art and art supply stores.

c. Apparel and accessory stores, clothing and costume rental shops, custom dressmaking shops, tailor shops, 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, variety stores, and other specialty. shops.

d. Book and stationary stores, florist, gift shops, music stores; picture frame shops.

2. Office:

a. General office.

b. Photographic studios.

3. Restaurants/Catering Establishments.

4. Barber/Beauty shop.

5. Dwellings: Apartment above the ground floor provided the ground floor is used as a permitted use listed and the allowable usable area in Subsection C. has not already been maximized on the ground floor.

E. Alley Parking.

No parking is required for lots utilizing Section 21b.C. The property owner may utilize two parking spaces in the rear of the property with alley access if they choose, as long as the following provisions are met:

1. The two parking stalls are for private use of the owner/employee only, and are not for public use.

2. For parking stalls accessing the alley, the stalls shall be paved with hot-mix asphalt or concrete, and must be 25' long and 10' wide.

3. Parked vehicles shall not encroach on the alley.

F. Loading and Unloading.

Loading and unloading of commercial delivery vehicles is prohibited in the alley. Commercial vehicle deliveries shall occur from 2nd Street West.

G. Design Guidelines.

Residential buildings that convert to a commercial use shall, at a minimum, re-roof, and reside or repaint the structure to a good condition standard required by the Development Services Director, unless the owner can demonstrate it has recently been improved. Structures will need to meet all applicable building code requirements through the Building Department.

H. Permitted Accessory Uses and Structures.

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

Accessory buildings and sheds shall not be located within 20 feet of the front property line and should be located behind the principal structure that faces 2nd Street West.

I. Special Permit Temporary Uses.

None, other than those allowed under Section 25.O.

J. Minimum Lot Requirements.

New lots cannot be created less than 7,000 square feet.

K. Minimum Yard Requirements.

Front yard: no front yard setback for principal structures.

Rear yard: Any structure must be a minimum of three feet from the rear property line adjacent to the alley right of way.

Side yard: None.

L. Maximum Lot Coverage by Buildings.

None.

M. Minimum Floor Area.

None.

N. Maximum Height of Buildings.

No structure shall exceed 45 feet in height.

O. Off-Street Parking Requirements.

Parking allowance: no off-street parking is required for uses which fall under Section 21b.C. Maximum Use Allowance.

Properties that must comply with the uses of Section 20.C. shall meet the requirements of 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.

P. Combined Lots.

Lots can be merged to include multiple structures including non-conforming residences.

Q. Other Requirements.

1. See Section 25.R., Landscaping.(Ord. No. 1007)

2. See Section 25.S., Buffer Yards.(Ord. No. 1007)

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.

G. Minimum lot requirements.

1. Front yard: None, except for along major arterial streets there shall be a front yard of not less than 15 feet.

2. Side yard: None.

3. Rear yard: 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 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.

6. Failure to meet the requirements described in Subsection O.4 above and execute the agreement described Subsection O.5 above prior to October 1, 2016, shall result in termination of the approval process for the temporary workforce housing facility as provided herein.

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.

EXHIBITS

Downtown Boundary Map- See following

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.

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 solar energy systems.[2]

[2] Editor's Note: See Section 25. N.

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.

6. Failure to meet the requirements described in Subsection O.4 above and execute the agreement described Subsection O.5 above prior to October 1, 2016, shall result in termination of the approval process for the temporary workforce housing facility as provided herein.

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.

SECTION 24 M-3: Industrial Park District.

[Ord. No. 613, Ord. No. 645, Ord. No. 662, Ord. No. 716, Ord. No. 749, Ord. No. 864, Ord. No. 865, Ord. No. 959, Ord. No. 1007, Ord. No. 1028, Ord. No. 1062]

A. Intent. This district is intended to provide opportunities for development of large tracts of land for Light Industrial uses with special considerations given to circulation, parking, utility needs, aesthetics, and compatibility with other land uses. This district is intended to include light manufacturing, processing, storage, wholesaling, and distribution operations, and other processes and operations which 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 and 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, not 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. Wholesale, distributive businesses, and related storage yards.

2. Small business machine sales, tire sales, and service, repair and service shops, auto supply stores, carpenter and cabinet shops, household appliance repair shops.

3. Taverns, lounges, package liquor stores, and bait shops.

4. Furniture and home furnishings store, hardware stores, household appliance stores, and interior decorating shops.

5. Plumbing shops, sheet metal shops, roofing shops, and mini-storage buildings.

6. Manufacturing or assembly plants.

7. Contractor or commercial service business, offices and associated repair yards.

8. Warehouses, trucking, moving and storage, and freight terminals.

9. Airports, railroads, essential public utilities, and public service installations.

10. Animal hospitals or veterinary clinics.

11. Offices and office buildings.

12. Radio or television transmitting stations, vocational or training schools.

13. Bottling plants.

14. Commercial recreation uses.

15. Parking lots.

16. Games of chance.

17. Automobile, mobile home, recreational vehicle or equipment sales.

18. Building material yard and lumberyards.

19. Dairy processing plants. No industry or other business shall be established, maintained or operated upon this property which constitutes an annoyance or nuisance by reason of unsightliness or the emission of vibrations, smoke, dust, noise, glare, odor, fumes, or offensive effluents of any kind or character whatsoever; and no portion of said property shall be used for the manufacture, storage, distribution, or sale of materials or products which might depreciate the value of any adjoining property.

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 solar energy systems."

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

1. Governmental services, public facilities, such as schools and child care facilities.

2. Mortuaries.

3. Grain and feed mills grain elevators.

4. Light manufacturing consisting of the processing and treatment of goods and foodstuff, except alcohol or alcoholic beverages, fish, meat products, vinegar and yeast.

5. Concrete mixing and concrete products manufacturing plants.

6. Gasoline or service stations, car washes, and truck stop service and eating facilities.

7. Storage of special industrial explosive device(s) under 50 pounds, subject to the locally adopted Fire Code and State Building Code regulations.

F. Temporary uses. None, other than those allowed under Section 25.O.

G. Minimum lot requirements. None.

H. Minimum yard requirements.

1. Front yard: None, except for along major arterial streets there shall be a front yard of not less than 15 feet.

2. Side yard: None.

3. Rear yard: None.

I. Maximum lot coverage by buildings. None.

J. Minimum floor area. None.

K. Maximum height of buildings. None, except as may be set forth by airport zoning.

L. (Reserved)

M. Off-street parking requirements. See Section 25.H. All parking spaces must be off-street parking and located to the rear or side of any building or structure. Only customer parking will be allowed in the front of buildings or structures between street right-of-ways and the building setback line. Common or combined parking areas may be shared with loading areas or between separate firms when it can be demonstrated that this arrangement will be advantageous for efficient utilization of space. All customer parking lots must be paved upon the installation of street improvements (paving, curb and gutter) adjoining the affected property. 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. Loading. Truck loading docks shall be constructed only on the sides or rear of any building or structure, and the traffic area around the loading docks shall be adequately surfaced. Truck loading docks shall be located so as to accommodate all trucks and trailers without requiring maneuvering or protrusion into any street during the time of loading or unloading.

2. Storage. All open storage yards shall be surfaced with gravel, crushed rock or pavement where traffic will occur to eliminate the carrying of mud, clay, debris, etc., onto streets. These open storage areas will be for temporary placing of goods, equipment, supplies, and other materials. All open storage yards shall be enclosed with a fence at least six feet in height.

3. Fences. All fencing for screening, security, or other purposes shall be attractive in appearance and shall be of an industrial type of galvanized or nonferrous material. The Planning Director shall determine the construction of any fences required in buffer zones. No fence, masonry wall, hedge, or mass planting shall be permitted to extend into the required front yard of any lot fronting on an FAP or FAS road unless approved by the Planning Director.

4. Buffer zone. A buffer zone is required where the Industrial Park 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 Industrial Park District from a Residential District. The buffer zone shall be used for landscaping, walls, fences or similar devices as required by the Planning Director.

5. Landscaping. All unpaved land between the front of a building and the front property line of the property upon which said building is located shall be landscaped and grassed areas, as well as all unused or undeveloped land, all building and structures and all parking and other unpaved areas, shall be maintained at all times by the property owner in a clean, presentable, and safe condition.

SECTION 24a MA: Municipal Airport District.

[Ord. No. 1036]

A. Intent. This district will only apply to City owned airport land specifically and not adjacent private lands. Adjacent non-City owned properties will be governed under a separate Joint Powers Agreement.

B. Municipal Airport District surfaces. The Municipal Airport District consists of the following surfaces, which are hereby established and defined as follows:

1. Precision instrument approach surfaces. A precision instrument approach surface is established at each end of the instrument runway for instrument landings and takeoff. The instrument approach surface shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its center line being the continuation of the center line of the runway.

2. Non-precision instrument approach surfaces. A surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. This approach surface has a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a distance of 10,200 feet beyond each end of the runway.

3. Primary surfaces. A surface longitudinally centered on a runway and extending 200 feet beyond the end of each hard surface runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary is 500 feet for non-precision instrument runways having visibility minimums greater than 0.75 statute miles and 1,000 feet for precision instrument runways.

4. Transitional surfaces. These surfaces extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven to one from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precisions approach surface which project through and beyond the limits of the conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway center line.

5. Horizontal surfaces. A horizontal plan 150 feet above the established airport elevations, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

6. Conical surfaces. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for horizontal distance of 4,000 feet.

C. Height limits. Unless otherwise specifically provided in this section, no structure or tree may be erected, altered, allowed to grow, or maintained, in the Municipal Airport District zone to the height in excess of the maximum height limit established for such zone. These provisions shall not be constructed as prohibiting the growth, construction or maintenance of any tree or structure to a height of up to 35 feet above the surface of the land.

1. Precision instrument approach surfaces. One foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from and at the center line elevation of the end of the instrument runway and extending a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.

2. Non-precision instrument approach surfaces. One foot in height for each 34 feet in horizontal distance beginning at the end of the primary surface of the non-precision instrument runway and extending to a point 10,200 feet from the end of the runway.

3. Transitional surfaces. One foot in height for each seven feet in horizontal distance beginning at the edge and normal to the primary surface, extending to a height of 150 feet above the airport elevation. In addition, there are established heights limits of one-foot vertical height for each seven feet of horizontal distance measured from the edges of all approach surfaces for the entire length of the approach surface and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the precision instrument approach surface projects through and beyond the conical surface, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach surface and extending a distance of 5,000 feet from the edge of the instrument approach surface measured normal to the center line of the runway extended.

4. Horizontal surfaces. This is determined to be 150 feet above the airport elevation. A 10,000-foot horizontal arc swung from the center of each end of each primary surface and connecting, the adjacent arcs by lines tangent to these arcs make up the perimeter of the horizontal surface.

5. Conical surfaces. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal surface, extending to a height of 350 feet above the airport elevation.

D. Permitted uses and structures. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."

E. Permits. Per the direction of the Municipal Airport Director as required by the airport regulatory document, "Williston Basin International Airport: Development Standards."

F. Hazard marketing and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at their own expense, to permit the Municipal Airport of the City of Williston, North Dakota, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

G. Minimum lot requirements. None

H. Minimum yard requirements. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."

I. Maximum lot coverage by buildings. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."

J. Maximum height of buildings. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."

K. Sign limitations. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."

L. Off-street parking requirements. As governed by the airport regulatory document, "Williston Basin International Airport: Development Standards."

M. Other requirements. All development standards regarding the Municipal Airport District are regulated by the airport regulatory document, "Williston Basin International Airport: Development Standards" as directed by the Municipal Airport Director.

N. Nonconforming uses abandoned or destroyed. Uses, structures and trees must be maintained and remain in compliance with the Federal Aviation Administration rules and regulations and the development standards of the airport as governed by the airport regulatory document, "Williston Basin International Airport: Development Standards." When determined by the Airport Director that a use, structure or tree as permitted is not in compliance with the Federal Aviation Administration rules and regulations and the airport regulatory document, "Williston Basin International Airport: Development Standards" the Airport Director shall issue a notice of correction outlining the non-compliance and required action by the tenant. Failure to comply with a notice of correction issued by the Airport Director shall be deemed a violation of the Ordinance No. 613, otherwise known as the Zoning Ordinance, and subject to the penalties therein.

O. Variances. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship.

1. Variance. A variance from the terms of this ordinance shall not be granted by the Municipal Airport Director unless and until a written application for a variance is submitted demonstrating:

a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

b. That literal interpretation of the provision of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

c. That the special conditions and circumstances do not result from the actions of the applicant.

d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

2. Non-conforming use. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. The procedure by which a variance shall be considered is as follows:

3. Notice of public hearing. Notice of Public Hearing shall be given by the Municipal Airport Director. Notice of said Public Hearing shall be published once a week for two successive weeks prior to the time set for said hearing in the official paper of the City of Williston.

a. The Public Hearing shall be held by the Municipal Airport Director. Any part may appear in person, or by agent, or by attorney.

b. The Airport Director shall make written findings that the requirements of have been met by the applicant for a variance.

c. The Airport Director shall further make a written finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

d. Upon receipt of the written findings of the Municipal Airport Director, or in the event of the failure of the Municipal Airport Director to so report within 90 days after receipt of the written application for the variance, the Board of City Commissioners shall hold a hearing to decide the variance. Any party may appear at the hearing in person, by agent, or by attorney. If the decision of the Board of City Commissioners should differ from the findings of the Municipal Airport Director, the Board shall prepare a written report stating the findings on which their decision was made.

4. The Board of City Commissioners. The Board of City Commissioners may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have the powers of the Municipal Airport Director from whom the appeal is taken. The Board of City Commissioners shall serve as the Board of Adjustments, unless the Board of City Commissioners otherwise creates a Board of Adjustments.

P. Appeals to the Board of City Commissioners.

1. Appeals to the Board of City Commissioners concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of the Municipal Airport Director. Written findings on the appeal shall be forwarded to the Board of City Commissioners within a reasonable time, not to exceed 30 days after the receipt of the appeal. The Municipal Airport Director shall forthwith transmit to the Board of City Commissioners any and all other papers constituting the record upon which the appealed action was taken. The Board of City Commissioners shall fix a reasonable time for the hearing of appeals, give public notice thereof, as well as due notice to the parties in interest and decide the same in reasonable time. At the hearing, any party may appear in person, or by agent or attorney.

2. Legal interest. Any person or persons, or any board, taxpayer, department, board or bureau of the City who has a legal interest which is immediately, directly and adversely affected by any decision of the Board of City Commissioners may seek review by the court of record of such decision, in the manner provided by the laws of the State of North Dakota and particularly by Chapter 40-47, North Dakota Century Code.

3. Filing an appeal. An appeal must be filed with the City Auditor within 15 days of the date the order or decision being appealed is served upon an aggrieved party. If no service is made, the aggrieved party shall have 30 days from the date such order or decision is signed to file a written notice of appeal. The Auditor shall deliver the appeal notice to the Board of City Commissioners and the Municipal Airport Director.

4. Notice of appeal. Notice of appeal shall describe the order being appealed; the basis of such appeal; the name, address and telephone number of the appealing party; and the right or interest which has been adversely affected.

Q. Administration and enforcement. It shall be the duty of the Municipal Airport Director to administer and enforce the Municipal Airport District regulations of this section, "The Williston Basin International Airport: Development Standards," and any applicable regulations promulgated by the Federal Aviation Administration. Applications for permits and variances shall be made to the Municipal Airport Director in a form established by the City Airport. Applications shall be promptly considered and granted or denied. The Municipal Airport District regulations of this section may be subject to the regulations promulgated by the Federal Aviation Administration.

SECTION 25 Supplementary district regulation.

[Ord. No. 613, Ord. No. 639, Ord. No. 645, Ord. No. 650, Ord. No. 657, Ord. No. 662, Ord. No. 672, Ord. No. 690, Ord. No. 716, Ord. No. 729, Ord. No. 731, Ord. No. 789, Ord. No. 808, Ord. No. 850, Ord. No. 864, Ord. No. 867, Ord. No. 889, Ord. No. 912, Ord. No. 925, Ord. No. 936, Ord. No. 958, Ord. No. 959, Ord. No. 960, Ord. No. 962, Ord. No. 963, Ord. No. 965, Ord. No. 981, Ord. No. 982, Ord. No. 993, Ord. No. 998, Ord. No. 999, Ord. No. 1007, Ord. No. 1009, Ord. No. 1028, Ord. No. 1031, Ord. No. 1032, Ord. No. 1033, Ord. No. 1048, Ord. No. 1058, Ord. No. 1061, Ord. No. 1062, Ord. No. 1065, Ord. No. 1073, Ord. No. 1084, Ord. No. 1089, Ord. No. 1090, Ord. No. 1092, Ord. No. 1094]

SECTION 25.A Fences, hedges, and visibility at the intersection of streets.

1. In Residential Districts no fence shall be more than seven feet in height in any rear or side yard or four feet in height in any front yard; provided further that on a corner lot nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision within the sight triangle zone, which is defined as a height of between 2.5 feet and 10 feet above the established curb grades of the intersections streets within the triangle formed by the curb lines of the intersection streets and the line joining points a distance of 25 feet on each curb line from their point of intersection (Figure 1).

2. In Commercial and Industrial Districts, no fence shall be more than nine feet in height in any yard.

SECTION 25.B Accessory buildings.

[Ord. No. 889; Ord. No. 1090; amended 10-25-2022 by Ord. No. 1134]

No accessory buildings shall be erected in any required front yard. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than 30% of a required rear yard and shall not be nearer than three feet to any side or rear lot line, except when a garage is entered from any alley at right angles, it shall not be nearer than 25 feet to the rear lot line. No accessory building, other than a residential garage with regard to the principal building, shall be erected closer than six feet to any other building. A residential garage located closer than six feet to the principal building shall be regarded as a part of the principal building for the purposes of determining side and rear yards (Figures 3-6 show examples of setbacks for attached and detached residential garages). No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises. [Ord. No. 1090]

Editor's Note: Figures are included as attachments to this chapter.

1. No accessory buildings shall be erected in any required front yard.

2. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes other than by domestic employees employed entirely on the premises.

3. Structures within slab on grade foundations are limited to 10 feet zero inch side walls and 16 feet zero inch in "height," i.e. at mid span between eave and peak for gable roofs.

4. Overhead doors facing alleys must be set back 20 feet zero inch from the alley lot.

5. Walls must be at least three feet zero inch from the side and rear property lines and must comply with setback requirements on corner lots.

6. Walls must be at least six feet zero inch from walls of other structures.

7. Eaves must be at least two feet zero inch from side and rear property lines.

8. Eaves must be at least two feet six inches from any part of another structure.

9. On lots of less than 24,000 square feet, a maximum of two accessory buildings totaling 1,200 square feet is allowed per residence. On lots over 24,000 square feet, 5% of the lot is allowed for accessory buildings with a maximum of three accessory buildings. Each accessory building's square footage shall not exceed that of the primary structure.

10. Square feet of attached, or if no attached garage, then primary garages in excess of 720 square feet must be deducted from allowable square feet for detached accessory buildings unless allowed by the Building Official.

11. Square feet of existing accessory buildings must be deducted from allowable accessory building square feet.

12. In addition to the maximum allowed accessory building per residence, a residence may also have one storage shed that is 120 square feet or less in size. The property owner may substitute one accessory building for an additional storage shed that is 120 square feet or less in size.

13. All accessory buildings shall conform to the style or decor of the principal building unless plans for upgrading the principal structure will also occur. No corrugated or sheet metal shall be used for siding the dwelling or the accessory building. No galvalume color shall be used.

14. Garages built perpendicular to the alley must maintain a minimum setback of 25 feet, regardless of any other ordinance maintained by the City. The driveway from the edge of the alley to the garage shall be constructed of concrete, and shall be as wide or wider than the garage door. Garage must have the required twenty-five-foot concrete driveway between the garage door and the edge of the alley. If a property owner wishes to place a concrete parking pad adjacent to the garage and existing driveway, this pad must extend at least 25 feet in length from the edge of the alley easement line if the garage and driveway were previously built to the minimum twenty foot setback from the rear property line per Ordinance 613, the 1983 City of Williston Zoning Ordinance.

15. Side loaded garages parallel to the alley: the garage or accessory structure shall not be closer than three feet to the alley easement line.

16. If there is no garage to the alley, any parking pads accessed from the alley shall be concrete, 25 feet in length from the edge of the alley easement line and 10 feet wide per space/gravel or grassed parking pads are not permitted.

17. Figures 3 through 6 of this Section show examples of setbacks for attached and detached residential garages.

Editor's Note: Figures are included as attachments to this chapter.

18. The guideline requirements of this Section do not apply to areas zoned as: A, R-1E, R-1A, C-1, C-2, C-3, M-1, M-2, or M-3, unless specifically outlined in individual sections.

SECTION 25.C Erection of more than one principal structure on a lot.

In any district, no more than one structure housing a permitted or permissible use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

SECTION 25.D Exceptions of height regulations.

The height limitations contained in the Schedule of District Regulations do not apply to spires, grain elevators, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures should not significantly impair solar access of buildings or solar collector locations. Not an exception to height regulations are dishes for receiving of telecommunications. When placed on buildings, telecommunications dishes shall be limited to the height restrictions as placed on buildings in the district.

SECTION 25.E Access to structures.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

SECTION 25.F Additional yard regulations.

[Amended 7-27-2021 by Ord. No. 1127]

1. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices and ornamental features which are not to exceed 2 feet.

2. Planters not more than 3 feet in height may extend not more than 3 feet into any required yard.

3. Open-lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and the ordinary projections of chimneys and flues may be permitted by the Building Official for a distance of not more than 3.5 feet into any side or rear yard and where the same are so placed as not to obstruct light and ventilation.

Any uncovered, open deck or porch shall have the same rear and side setback requirements as provided for accessory buildings under Section 25B of this chapter whether or not such deck is attached to the main building; all other setbacks shall be as follows:

Covered decks and porches, both enclosed and unenclosed, are considered part of the principal structure for determining setback requirements, including setbacks required for accessory buildings.

A covered or uncovered porch which is placed in front of the main entrance of the principal building and which is not more than 4 feet wider than the entrance, may project into a required front yard a distance of not more than 6 feet. A front entrance porch or deck or a front yard porch or deck may not be higher than the first floor entrance to the building.

An apparatus needed for the operation of active and passive solar energy systems may also project into required yards, including but not limited to, overhangs, movable insulating walls and roof, detached solar collectors, reflectors, and piping.

4. Telecommunication dishes, when not placed on top of a building, shall be considered as an accessory building; and therefore, must meet setbacks required thereof.

5. Where lots have double frontage, the required front yards shall be provided on both streets except in the M-3: Industrial Park District where minimum rear yard setback for double frontage lots shall be 12 feet from the property line.

6. The front yards heretofore established shall be adjusted in the following cases:

a. Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with two or more buildings that have (with a variation of 5 feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.

b. Where 40% or more of the frontage on one side of a street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required then: Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on each side; or, where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

7. Front, side, and rear yards on interior, corner, reversed frontage, and through lots of nonrectangular shape shall be identified and measured in accordance of Figure 7.[1]

[1] Editor's Note: Figure 7 may be found as an attachment to this chapter.

8. Required setbacks for additions to existing principal structures shall be in accordance with established setback lines; however, a minimum of 3 feet must be maintained.

9. Parking and construction for townhouses and condominiums shall be in accordance to the development proposal as submitted to and approved by the City and shall meet covenants which are on the property. Parking and driveways shall not be located in required front yards except where garages have been provided for in the development proposal.

SECTION 25.G General sign regulations.

[Amended 10-13-2020 by Ord. No. 1121]

1. Purpose. The purpose of this subsection is to permit such signs that will not, by their reason, size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger public health, safety, and general welfare; and to permit and regulate signs in such a way as to support and complement land use objectives set forth in this subsection.

2. Definition of terms. The following definitions shall be used for terms contained in this chapter that are not otherwise defined in the Williston Municipal Code or in this Zoning Ordinance.

ABANDONED SIGN

A sign which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of six months.

BUILDING OR STORE FRONTAGE

The length of any side of a building or store which fronts upon a public street. If an independent occupant in a building does not face a street but, rather, only fronts upon a customer parking lot, then that frontage on the parking lot can be considered towards calculating total building frontage.

BUSINESS CENTER IDENTIFICATION SIGN

A sign that identifies a building or group of commercial buildings, with three or more businesses with shared parking and/or access.

CAMPUS

A cohesive area on which are institutional primary uses with secondary accessory uses that are not intended to attract off-campus clientele.

FIXED YARD SIGN

A fixed sign or advertising display made with stained or painted wood or other finished rigid light materials, with no changeable copy, designed to convey information visually, which is fixed into the ground to direct attention to the lot on which it stands. These signs are regulated in Section 25.G.6.k.

MURAL

A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic. These are not regulated as signage, as they are considered artwork. Murals must be determined by the Design Review Board or Development Review Committee as per Section 25.G.14 to contain no commercial content and therefore are excluded from the definition of signs.

NON-WORDED ADVERTISEMENT

Balloons, blades, flags or pennants without wording, which are used to draw attention to a temporary special on the property on which they are located. This is intended for short-term use; properties should not be ringed in non-worded blade signs or covered by pennants. These may be no larger than 32 square feet. These signs are regulated in Sections 25.G.12.d and 25.G.2.t.

OBSENE OR INDECENT SIGN

A sign that, in whole or in part, shows specified anatomical areas or specified sexual activities.

SANDWICH BOARD SIGN

A portable advertising or business ground sign typically constructed in such a manner as to form an "A" or tent-like shape, or a "T" sign which is perpendicular to the ground with a single base, with each sign face typically used for advertising.

SIGN

Any surface, fabric, device, or display which bears lettered, pictorial, or sculptured matter, including forms shaped to resemble any human, animal, or product, designed to convey information visually and which is exposed to public view. For purposes of this subsection, the term "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign.

SIGN ANIMATION

For dynamic messaging signs, any depictions of people, animals, or objects in motion.

SIGN, EMERGENCY LOCATOR

A sign installed near the address entry of any multibuilding development in which the individual buildings do not front on public streets that indicates the address, unit number, or other location of the buildings and the access route to those buildings from the address entrance.

SIGN FACE

That area or display surface of a sign used to convey the message. Rules for computation of sign area are included in Section 25.G.7.a, Computations, below.

SIGN MESSAGING

Any information displayed on the sign face. Types of sign messaging are:

a. CHANGEABLE COPY Any sign's display that has the ability to have its message readily changed by physical interaction.

b. DYNAMIC MESSAGING Any sign's display that has the ability to change its message independent from physical interaction and/or exposes to public view any message via an electronic medium and not simply by illumination. This shall include but is not limited to all electronic scrolling, electronic off-premises signs, digital off-premises sign, animated sign, or rotating message signs.

c. STATIC MESSAGING Any sign's display that is not able to be readily changed by any means.

SIGN, NONCONFORMING

Any sign which does not conform to the regulations of the subsection.

SIGN, OFF-PREMISES ADVERTISING

A sign which identifies or directs attention to:

a. A business, commodity, service, campaign, or attraction conducted, sold, or offered at a location other than the premises on which the sign is located; and/or

b. The ideological or noncommercial views of a party who is not an occupant of the premises.

SIGN, PERMANENT

A sign that is attached to a building, installed on a lot, or authorized to be placed on the public right-of-way by the political subdivision, that directs attention to the following, including but not limited to a business, commodity, service, or entertainment conducted, sold, or offered on the premises on which the sign is located. Within the meaning of this subsection, this shall not include off-premises advertising signs. Types of permanent signs are:

a. AWNING A sign on which the sign face is displayed on a usually fabric or hard-surfaced window covering that projects from the wall of a structure.

b. BUSINESS CENTER IDENTIFICATION SIGN A sign that identifies a building or group of commercial buildings with three or more businesses, with shared parking and/or access.

c. CANOPY A roof-like cover, including an awning, that projects from the wall of a building over a door, window, or entrance; or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station.

d. FREESTANDING A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. These include monument, monopole, and business center identification signs.

e. MARQUEE Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

f. MONOPOLE A freestanding sign supported by a single pole or other vertical structure, with the sign face located more than four feet from the ground.

g. MONUMENT A type of freestanding sign supported by a base of at least 75% of the sign width, with the sign face located within four feet from the ground, and is independent from any building.

h. PROJECTING A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.

i. ROOF A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the parapet of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof or the deck line of a building with a mansard roof. New roof signs are not permitted. Existing signs are considered to be nonconforming. Such signs may be replaced and the logo changed, as long as the new sign maintains the size, style, materials and historical integrity of the sign.

j. WALL —A sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.

SIGN, SUBDIVISION

A permanent sign designating a common grouping of homes or apartment buildings on no less than two acres which share a common name or brand. These can be located on one lot or on multiple lots.

SIGN, TEMPORARY, COMMERCIAL

Any sign, blade, banner, pennant, flag, finished (stained or painted) wood or advertising display with lettering, pictorial or sculptured matter, designed to convey information visually and which is exposed to public view, constructed of cloth, canvas, light fabric, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only, and located only in P, C-1, C-2, C-3, HCC, M-1, M-2, Ag. These signs are regulated in Section 25.12. Types of temporary commercial signs are:

a. BALLOON A sign that is inflated with a lighter-than-air gas and is tethered to the ground, building, another sign, or vehicle. Any signs attached to the tether are considered part of the balloon sign.

b. BANNER A sign displayed on flexible material, such as fabric or plastic, that is not permanently affixed to a structure for display.

c. BLADE A sign generally formed from a loop of solid material, which serves as a signpost, and which encloses an area of flexible material bearing the message. Blades without words on them are considered non-worded and fall under "Non-Worded Advertisement," Section 25.G.12.d and 25.G.2.t.

d. FLAG Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns or symbolic devices attached to a pole or staff. Flags without words on them, which are not covered under 25.6.B are considered non-worded and fall under "Non-Worded Advertisement," Section 25.G.12.D. and 25.G.2.t.

e. INFLATABLE A sign that depends for its structure on being inflated by air, with or without wording or graphics. Inflatable signs which wave rapidly and erratically are prohibited in Williston.

f. PENNANT A small flag peculiar in shape, color, or design flown during any function. Pennants without words on them are considered non-worded and fall under "Non-Worded Advertisement," Section 25.G.12.d and 25.2.t.

g. PORTABLE Any sign which is constructed so as to be movable, either by skids, wheels, truck or other conveyance; any sign which does not have a permanent foundation or is not otherwise permanently fastened to the ground and/or which is not wired for electricity in accordance with the sign code. When on a trailer, the removal of the wheels or undercarriage does not place the sign in another category; neither does the anchoring of the sign by means of concrete blocks, sandbags, or other types of temporary anchors.

h. VEHICLE A sign attached to or painted on a motor vehicle or trailer that is parked on or adjacent to property for more than 24 consecutive hours, the principal purpose of which is to serve as a stationary advertising device and to attract attention to a product sold or to a business, not including vehicle sales authorized by the City. A logo or business name on a motor vehicle or on equipment shall not be prohibited unless the motor vehicle or equipment is used as a stationary advertising device.

SIGN, TEMPORARY, RESIDENTIAL

Any sign, blade, banner, pennant, flag, sandwich sign, finished (stained or painted) wood or advertising display with lettering, pictorial or sculptured matter, designed to convey information visually and which is exposed to public view, constructed of cloth, canvas, light fabric, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period only, to direct attention to an activity being temporarily undertaken on the premises on which the sign is located, located only in R-lA, R-1E, R-1, R-2, R-2A, R-6, and R-7 Zones, or in Ag, R-3, R-4, and R-5 Zones. These signs are regulated in Section 25.G.6 and Section 25.G.12.c. Types of temporary residential signs are broken into two categories:

a. Signs in R-1E, R-1A, R-1, R-2, R-2A, R-6 and R-7, regulated in Sections 25.G.6.j and 25.G.12.c.

b. Signs in Ag, R-3, R-4, R-5, regulated in Sections 25.G.6.i and 25.G.12.c.

3. Resolution of conflicting regulations. This chapter is not meant to repeal or interfere with enforcement of other sections of the City of Williston's Municipal Code. In cases of conflicts between Code sections, state or federal regulations, the more restrictive regulations shall apply.

4. Permits required.

a. Unless specified herein, no person shall erect, alter, reconstruct, or relocate any permanent sign without first obtaining a sign permit for such work from the Building Official. No permit shall be issued until the Building Official determines that such work is in accordance with the requirements contained in this subsection and the current version of the Uniform Sign Code adopted by the City, except where amended by this subsection. When a sign permit has been issued by the Building Official, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the Building Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Building Official.

b. Unless specified herein, no person shall erect, alter, reconstruct, or relocate any temporary sign without first obtaining a sign permit for such work from the Planning Director. No permit shall be issued until the Planning Director determines that such work is in accordance with the requirements contained in this subsection and the current version of the Uniform Sign Code adopted by the City, except where amended by this subsection. When a temporary sign permit has been issued by the Planning Director, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the Planning Director. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Planning Director.

c. Upon application for a sign permit, a dimensioned site plan must be submitted showing the location of the lot lines, structures (including accessory structures), above-ground and underground utilities, easements, the location of the proposed sign, and details showing sign area dimensions. This site plan shall be at a legible scale and such scale shall be listed on the site plan. If the proposed sign(s) is to be located on the building facade, dimensioned elevations with building height and width must be submitted. In addition, an engineer's construction specifications for the sign including structural loading data must be submitted.

Image 25.2. Sample Sign Site Plan

d. Businesses that sell or rent signs may display the signs to be sold or rented without applying for a sign permit. Signs displayed must clearly indicate they are being used as displays or examples and may not replicate, or substantially replicate, the messaging on the approved permanent sign for that business.

e. Any owner of portable signs renting such portable signs on a regular basis may permit their signs for use at various business establishments, provided all other regulations laid out in this subsection are followed. The application for the permit shall be made to the Planning Director, and the permit fee, as established by resolution by the Board of City Commissioners, shall be paid prior to the issuance of the permit and at each yearly renewal period. A monthly report prior to the time of sign placement shall be provided to the Planning Director for each sign owner licensed in this manner or, a sign owner may submit individual placement requests prior to placing the sign. The reports shall include the following:

(i) Name and address of owner of sign.

(ii) Owner approval to place sign on location for dates shown.

(iii) Dates of placement of each sign on property.

(iv) Number of signs to be placed on each property.

(v) Placement location of each sign.

(vi) Site plan of location of each sign.

5. Prohibited signs. The following signs are prohibited in all zoning districts.

a. Obscene or indecent signs.

b. Abandoned signs.

c. Revolving signs.

d. Signs installed or displayed in any public right-of-way, pursuant to Section 25.G.5.R, and excluding sandwich board signs in the Downtown area, as defined by Exhibit A, or in other areas where private property on which to display such signs is limited and where the storefront abuts the right-of-way. Such signs must be permitted.

e. Signs that obstruct the view of street or railroad crossings.

f. Signs that unreasonably obstruct from view any other sign or use currently in existence.

g. Signs that reduce any required parking for any use on the lot upon which the sign is placed.

h. Signs that obstruct any access to any habitable structure.

i. Signs that obstruct or overhang any driveway required for Fire Department access.

j. Signs unable to meet the structural loading requirements as established in the currently adopted version of the North Dakota State Building Code or otherwise be structurally sound.

k. Signs that overhang or project into any public right-of-way, except as specifically noted in this subsection.

l. Any sign that projects into or is placed within the sight triangle zone, which is defined as a height of between 2.5 feet and 10 feet above the established curb grades of the intersecting streets within the triangle formed by the curblines of the intersecting streets and the line joining points a distance of 25 feet on each curbline from their point of intersection.

m. Signs that protrude above the point of a building with a flat roof, the eave line of a gambrel, gable, or the hip roof of the deck line of a mansard roof, except for roof signs as defined by Section 25.G.2.

n. Any sign which is not included under the types of signs permitted in district regulations or in this subsection.

o. Any sign, outdoor commercial advertising or lighting device that has not received a permit. Such devices constituting a nuisance because of lighting glare, focus, animation, or flashing are prohibited in any district.

p. Any sign which conflicts in any manner with the clear and obvious appearance of public signs and traffic control devices.

q. Any notice, political poster or handbill, advertisement or any other sign upon any power or telephone pole, bridge, fire hydrant, official public sign, street light pole, or in any portion of a public right-of-way.

r. Any freestanding sign on public property, except by approval of the City Commission.

s. Inflatable signs which wave rapidly and erratically, with or without wording, which are intended to draw business or attention to a business and which do not meet the allowances below.

6. Signs allowed on private property without sign permits. The following shall be exempt from the application of these Section 25.G sign regulations:

a. Signs not exceeding four square feet in area and bearing only post box numbers, names of occupants of premises, address, or name of home occupation.

b. Flags and insignia of any government, except when displayed in connection with commercial promotion.

c. Signs from government agencies directing and guiding traffic, and parking on public or private property, but bearing no advertising matter.

d. Street banners: Signs advertising a public event, providing that specific sign approval is granted under regulations established by the City.

e. Seasonal holiday decorations: Signs pertaining to national holidays and national observances.

f. Public signs: Signs of a noncommercial nature and in the public interest, erected by or upon the order of a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs, including signs designating hospitals, libraries, schools and other institutions or places of public interest or concern, with no advertising.

g. Integral signs: Signs for churches or temples, or names of buildings, dates of erection, monumental citations, commemorative tablets and other similar signs when carved into stone, concrete or other building material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached.

h. Window signs: Such signs that are displayed inside of or on a window or within a building.

i. Temporary signs on Ag, R-3, R-4 and R-5 properties no more than 32 square feet and no more than six feet tall. However, no more than one temporary sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign. Additional regulations can be found in Section 25.G.12.c(iv)(b)(2).

j. Temporary signs on R-1E, R-1A, R-1, R-2, R-2A, R-6 and R-7 properties that are no more than six square feet. However, no more than one temporary sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign. Additional regulations can be found in Section 25.G.12.c(iv)(b)(1).

k. Fixed yard signs on P, C-1, C-2, C-3, HCC, M-1, M-2, and M-3 lots which are no more than 32 square feet and no more than six feet tall. However, no more than one fixed yard sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary commercial sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.

l. Drive-through menu signs, provided the message on such signs includes only menu information and does not advertise the business.

m. Signs that are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed.

n. Directional signs provided that such signs:

(i) Do not exceed four square feet in maximum size or four feet in maximum height, except in cases of medical, college, or other campus, which require a sign master plan, a sign permit, and a building permit.

(ii) Are limited to one sign at each driveway or access point with a public street; and one sign at any critical decision point internal to a development, including at or above building entrances.

7. Computations. The following rules shall control the computation of sign area and sign height.

a. Sign area:

(i) Computation of area of individual signs: The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The supporting structure or bracing of a sign shall not be counted as a part of sign face area unless such structure or bracing is made a part of the sign's message. The supporting structure must be proportional to the sign face.

(ii) Computation of area of multifaced signs: Where a sign has two display faces back to back, the area of only one face shall be considered the sign face area. Where a sign has more than one display face, all areas which can be viewed simultaneously shall be considered the sign face area.

b. Sign height. The height of a sign is measured from the average grade level below the sign to the topmost point of the sign or sign structure.

Image 25.4 Sign Area Calculations

8. Messaging. Types of messaging are defined in Section 25.G.2.

a. Static messaging:

(i) All permanent signs may have static messaging.

(ii) All temporary signs may have static messaging.

b. Changeable copy:

(i) All permanent signs may have changeable copy.

(ii) Commercial temporary portable signs may have changeable copy; the message on the sign may change during the event, but the structure of the sign shall be regulated by the permitting process laid out in Section 25.G.4.

c. Dynamic messaging:

(i) Only permanent signs may have dynamic messaging.

(ii) Individual messages shall be displayed in no more than three screens over a period of no longer than nine seconds. Screens shall take no longer than one second to change. Messages displaying time and/or temperature shall be displayed no longer than three seconds.

(iii) Prohibited display elements:

(a) Animation not related to the message displayed.

(b) Any flashing of all or any part of the screen.

(c) Any spinning or similar motion of all or any part of the display.

(iv) The message shall not contain materials that may be confused as a traffic control device, simulate automobiles either outgoing or oncoming, or direct the driver to make any abrupt turning movements. Light emitted shall not obscure any traffic control device.

(v) The brightness of the illumination shall be approximately adjusted as ambient light decreases by utilizing an ambient light sensor for automatic dimming.

(vi) Light emitted shall be a maximum of 0.3 footcandle above ambient light levels measured per industry standard procedure.

(vii) All regulations for dynamic messaging signs shall be applicable to all signs that fit the definition regardless of size, construction, or mounting.

(viii) Dynamic messaging signs within 150 feet of a residential zone that face the residential zone shall display a static message between the hours of 9:00 p.m. and 7:00 a.m.

(ix) No dynamic messaging signs shall be mounted perpendicular to the surface to which they are attached. These signs must be attached to a marquee sign or freestanding sign, or must be a wall sign.

(x) The area of the sign face of the dynamic messaging portion of any sign shall be counted towards the maximum allowable sign face square footage allowed under this subsection.

(xi) Dynamic messaging signs are not permitted in the Center Downtown Area, as defined by Exhibit A. Existing dynamic messaging signs in the Center Downtown Area will be considered nonconforming signs.

(xii) Dynamic messaging signs may be used for nonresidential uses that do not include home occupations inside a residential district, but may be no more than 45 square feet, only 25 of which may be utilized for a dynamic messaging screen. These must be monument style, and may be more than six feet tall on any local or collector street, and no more than eight feet tall on any arterial street. One such sign may be allowed per street frontage. These must follow all regulations laid out in Sections 25.G.9, 25.G.11, and 25.G.19. Dynamic messaging signs not associated with such nonresidential uses are not permitted in a residential zone.

9. General sign regulations.

a. Design, construction, and maintenance: All signs shall be designed, constructed, and maintained in accordance with the following standards:

(i) All signs shall comply with applicable provisions of the City of Williston's building and electrical codes at all times.

(ii) Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this subsection, all signs shall be constructed of permanent finished materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(iii) All signs shall be maintained in good structural condition at all times.

(iv) When any sign becomes unsafe or is unlawfully installed or maintained in violation of this subsection, the owner shall be notified to bring the sign into compliance within 72 hours. If the owner can demonstrate that parts have been ordered and, through no fault of the owner, are not immediately available, or repair of the sign has been scheduled with a service technician, the Building Official can extend the time.

(v) Abandoned signs shall be removed by the property owner within 30 days of the discontinuance, after which the Planning Director will have the right to levy a penalty for each day the signage is not brought into compliance.

b. All signs which were lawful on the date of adoption of this subsection but which would be prohibited, regulated, or restricted under the terms of this subsection shall be treated pursuant to Section 6, Nonconformities, of this zoning ordinance.

c. All signs must bear a sticker, plate, or other permanent marking of at least six square inches in area indicating the owner or installer of the sign, a current mailing address, and a current contact phone number. The sticker, plate, or other permanent marking must appear on the lower part of each sign face. Signs not displaying such a sticker, plate, or other permanent marking will be considered to be the responsibility of the owner of the property on which the sign is installed or displayed.

d. Illumination on all signs shall be designed to minimize glare, light trespass, and excessive amounts of misdirected light. All lighted signs, including interior-lit cabinets, shall be designed by a qualified professional. The use of minimum lumens or footcandles required to adequately illuminate the sign is required.

10. Emergency locator signs. "Emergency locator sign" is defined in Section 25.G.2 of this subsection.

a. Emergency locator signs:

(i) Will not be counted in the total signage for the location for which they are required.

(ii) Require a sign permit.

(iii) May be illuminated.

(iv) Must be static messaging.

(v) Shall be of sufficient size to be clearly visible from the address entrance driveway.

(vi) Must be displayed in a manner that is clearly visible from the address entrance driveway into the property.

(vii) Must be installed prior to certificate of occupancy for the first building in the multibuilding development.

(viii) Must be of sturdy, weatherproof construction.

(ix) Shall be in a format approved by the Williston Fire Chief.

(x) Shall contain no advertising.

(xi) Shall not be used as a "for rent" or "vacancy" sign.

11. Permanent signs. "Permanent sign" is defined in Section 25.G.2 of this subsection.

a. Permanent signs may:

(i) Have static messaging, changeable copy, or dynamic messaging.

(ii) Have direct or indirect illumination.

b. Awning and canopy signs: Awning and canopy signs, where permitted, are subject to the following regulations:

(i) The sign area of an awning sign shall not exceed 25% of the total face area of the awning. The combined area of all front-facing awning panels shall not exceed 35% of the total wall area.

(ii) The sign area of a canopy sign shall not exceed 35% of the total face area of the canopy.

(iii) Awnings shall not extend above the eave or parapet of the building facade and shall be a minimum of eight feet six inches above the sidewalk or grade, whichever is higher. Awnings shall not extend over any area utilized by motor vehicles.

(iv) Under-canopy or under-awning signs shall maintain a minimum of a vertical clearance of eight feet.

(v) Awnings may project no more than nine feet from the facade of the wall to which they are mounted, but shall not extend within five feet of the curb face of any public right-of-way if any trees, lighting standards, or street poles are present within a two-foot radius of the proposed awning. Otherwise, the maximum projection of any awning shall not extend within three feet of the curb face of any public right-of-way. Any extension beyond six feet shall have plans stamped by a licensed architect or professional engineer, certifying the ability of the wall and associated structures to carry all imposed loads.

(vi) Awnings and canopies shall maintain a vertical clearance of 14 feet over parking lots.

(vii) Canopies shall maintain a vertical clearance of 18 feet over driveways.

(viii) Awnings or canopies which project into a North Dakota Department of Transportation (NDDOT) right-of-way may require a permit from that department. If a permit is required by the NDDOT, it must be obtained.

Image 25.4. Projecting, Canopy, and Awning Signs

c. Business center identification signs. Business center identification signs may not be monopole signs. See Section 25.G.11.f, Monopole signs. A sign master plan is required.

d. Marquee signs: Marquee signs, where permitted, are subject to the following regulations:

(i) Marquee signs shall not extend within five feet of the vertical plane of the inside curbline of any public right-of-way if any trees, lighting standards, or street poles are present within a two-foot radius of the sign. Otherwise, the maximum projection of any awning shall not extend within three feet of vertical plane of the inside curbline of any public right-of-way.

(ii) Each marquee sign, including under-canopy signs, must maintain at least the following vertical clearances:

(a) Eight feet six inches over sidewalks.

(b) Twelve feet within three feet of any parking area or driveway.

(c) Fourteen feet over parking lots.

(d) Eighteen feet over driveways.

(iii) No marquee extending three feet or more from a property line may be located within 25 feet of any other marquee sign extending three feet or more from a property line.

e. Projecting signs and graphics: Projecting signs and graphics, where permitted, are subject to the following regulations:

(i) Projecting signs must minimize visible support structure, including guy wires, cables, turnbuckles, angle iron, or other similar external support structure.

(ii) The maximum projection of any projecting sign shall not extend within five feet of the curb face of any public right-of-way if any trees, lighting standards, or street poles are present within a two-foot radius of the sign. Otherwise, the maximum projection of any projecting sign shall not extend within three feet of the curb face of any public right-of-way.

(iii) Each projecting sign, including under-canopy signs, must maintain at least the following vertical clearances:

(a) Eight feet six inches over sidewalks.

(b) Twelve feet within three feet of any parking area or driveway.

(c) Fourteen feet over parking lots.

(d) Eighteen feet over driveways.

f. Monopole signs: Monopole signs, where permitted, are subject to the following regulations:

(i) No more than two businesses may be advertised per monopole sign. Said businesses must be located on the same lot as each other and the sign.

(ii) Each pole sign must maintain at least the following vertical clearances:

(a) Twelve feet over sidewalks.

(b) Any overhang within three feet of any parking area or driveway must maintain a vertical clearance of at least 12 feet.

(c) Fourteen feet over parking lots.

(d) Eighteen feet over driveways.

g. Wall signs and graphics: Wall signs and graphics, where permitted, are subject to the following regulations:

(i) A wall sign shall not extend more than 12 inches from the wall to which it is attached, and may not extend within five feet of the curb face.

(ii) A wall sign must be parallel to the wall to which it is attached.

(iii) A wall sign may not extend beyond the corner of the wall to which it is attached, except where attached to another wall sign, it may extend to provide for the attachment.

(iv) A wall sign may not extend beyond its building's roof line.

(v) A wall sign in the Center or Fringe Downtown, as defined by Exhibit A, attached to a building on its front property line may encroach upon public right-of-way by no more than 12 inches. Such a wall sign shall provide minimum clearance of eight feet six inches, and must remain at least five feet behind the curb face.

(vi) Wall signs may not extend vertically above the highest portion of the roofline or parapet, whichever is less.

(vii) A wall sign may be painted onto a structure or building, but must meet all other regulations required herein. Painted wall signs must be kept in good repair, with no peeling paint. Painted wall signs are required to be submitted to the Development Review Committee for review and approval.

12. Temporary signs. Types of temporary signs are defined in Section 25.G.2 of this Zoning Ordinance.

a. Temporary commercial signs:

(i) Require a permit from the Planning Director through the process described above under Permits required, Section 25.G.4.b.

(ii) Shall not contain any dynamic messaging.

(iii) P, C-1, C-2, C-3, HCC, M-1, M-2, and M-3 Districts may utilize temporary signs as follows:

(a) May be no larger than 64 square feet.

(b) Individual permits may be granted for eight events per year of 15 days each.

(c) One permit may cover multiple temporary signs per event; however, no more than one temporary commercial sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary commercial sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.

(d) Where a business has ordered a permanent sign to be installed which has been applied for and permitted by the Building Department, and for which documentation that the sign has been ordered has been provided, the business may apply for a temporary commercial sign as a business sign until the permanent sign has been installed.

(iv) Balloon temporary commercial signs:

(a) Balloon signs, whether worded or unworded, may only be used as follows:

(1) Only one balloon is allowed per attachment point.

(2) The total amount of balloon signage may be no more than 64 square feet.

b. Nonresidential, noncommercial uses.

(i) Because certain uses are able to be placed in a multitude of zones, and such uses are not typically associated with either residential or commercial uses, these nonresidential, noncommercial uses (e.g., schools, churches, lodges) in residential zones may utilize a sixty-four-square-foot temporary sign for eight events per year, with no more than 15 days per event. These signs must be permitted.

c. Residential temporary signs:

(i) Do not require a permit.

(ii) Shall be static messaging only.

(iii) Shall not be illuminated.

(iv) Regulation by type of residential temporary signs:

(a) No more than one such sign may be displayed on each street frontage of the property.

(b) Signs are broken into two categories:

(1) Signs in R-1E, R-1A, R-1, R-2, R-2A, R-6 and R-7: no more than one sign, not exceeding six square feet in area. However, no more than one temporary sign is allowed per street frontage. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.

(2) Signs in Ag, R-3, R-4, R-5: no more than one sign per street frontage, not exceeding 32 square feet. If a property has more than 200 feet of frontage, an additional temporary sign may be allowed every 200 feet, but may not be allowed within 200 feet of another temporary commercial sign.

[a] This may be one banner or wall sign per street frontage that is firmly affixed to a building facing the adjoining public right-of-way and kept in good repair that is a maximum size of 32 square feet.

[b] If a banner sign is not used, one monument style sign not exceeding 32 square feet and six feet tall constructed of finished materials (with no unpainted wood) that is maintained in good order may be used. Alternative style signs may be considered and approved by the Planning Director if a hardship is demonstrated.

d. Non-worded advertisement that is primarily designed to draw attention to a property for the purpose of gaining business:

(i) May be allowed in R-3, R-4, C-1, C-2, C-3, HCC, M-1, M-2 Districts.

(ii) May only be located on private property.

(iii) Must be kept in good repair, and may not be faded, tattered, or in disrepair.

13. Off-premises advertisement signs. "Off-premises advertisement sign" is defined in Section 25.G.2 of this subsection.

a. Off-premises signs hereafter erected, constructed, reconstructed, altered, or moved in the City shall be constructed in accordance with the requirements of the current version of the Uniform Sign Code, adopted by the City, the latest edition of the North Dakota State Building Code and currently adopted National Electrical Code, except as amended by this subsection.

b. Existing off-premises signs which are located on property in the City's jurisdiction may be maintained as built, and are not considered to be nonconforming.

c. Off-premises signs are allowed in the M-2 Heavy Industrial Districts as permitted uses only if they conform to the following provisions:

(i) The owner shall agree, at the time of issuance of the permit, to place and maintain on such off-premises sign the contact information for the person owning, in charge of, or in control of, said off-premises sign.

(ii) No off-premises sign shall be erected, altered, constructed, reconstructed, or moved until an application and plans have been filed with and approved by the Building Official as to size, location, and construction.

(iii) The permitted height for off-premises signs shall be a maximum of 45 feet in height and up to 60 feet in height as a special permitted use. The height shall be measured as indicated in Section 25.G.7.b.

(iv) Off-premises signs shall be constructed on the existing grade of the site. Upon newly graded land, the off-premises sign shall be placed upon the final grade of the site as set forth in the grading plan in the approved final plat.

(v) The owner, lessee, or manager of such off-premises sign, and the owner of the sign shall maintain and keep the ground area around the sign free and clean of weeds and debris.

(vi) The maximum area of the sign face shall not exceed 2.5% of the area of the lot, or 672 square feet, whichever is smaller.

(vii) No off-premises sign shall be constructed within 600 feet of another off-premises sign with only one off-premises sign being allowed per lot or parcel of land.

(viii) No off-premises signs shall be installed within 250 feet in any direction of any zoning district where off-premises signs are not permitted.

(ix) All off-premises signs shall be erected using a single steel monopole design.

(x) No off-premises sign shall be erected within six feet of any structure.

(xi) The maximum area of an off-premises sign shall not be increased through the special permitted use (SPU) process.

14. Murals. "Murals" are defined in Section 25.G.2.

a. Murals in the Center Downtown Area, defined by Exhibit A, are required to be submitted to the Design Review Board for review and approval.

b. Murals outside of the Center Downtown Area are required to be submitted to the Development Review Committee for review and approval.

15. Oversize signs. Specific sign limitations in each district are indicated in Table 25.1. Where proposed signs in these districts exceed the established size limitations (excluding off-premises advertising signs per Section 25.G.13.) or do not meet other requirements, they may be reviewed as a special permitted use (SPU) and may be considered for approval if they conform to the following:

a. No such sign shall be erected, altered, constructed, reconstructed, or moved until an application and plans shall have been filed with the Building Official as to size, location, and construction.

b. Neighboring property within 150 feet of the proposed sign shall receive a notice of the proposed SPU.

c. Other considerations shall be taken such as the size of the lot, number of existing signs, the size of existing signs, in addition to the findings for SPUs prescribed in Section 27 of this subsection and listed below:

(i) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

(ii) That literal interpretation of the provision of this subsection would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subsection.

(iii) That the special conditions and circumstances do not result from the actions of the applicant.

(iv) That granting the oversize sign requested will not confer on the applicant any special privilege that is denied by this subsection to other lands, structures, or buildings in the same district.

16. Sign master plan.

a. An applicant may submit a sign master plan detailing the size, location and design of all signs on the site. The sign master plan shall contain specific standards for consistency among all signs on the lots affected by the plan. Criteria for a common signage designation include but are not limited to color scheme, lettering or graphic style, lighting, location of each sign on the buildings or lots, sign material, sign proportions, and cumulative sign display areas and heights of all signs. All owners within the sign plan area shall be required to sign a document waiving any rights to individual freestanding monopole signs in exchange for signage on the shared business center identification signs.

b. Business center identification sign master plans must also show that the signage is proportional to the buildings/center, and must show the proposed signage in relation to the street and property. Sign master plans must show that proposed signage is proportional to the scale of the development and the street. These requirements must show that the sign master plan meets modern commercial design standards.

c. Business center identification signs are only allowed with a sign master plan, and shall be limited to one per major business center entrance, located on an arterial or highway, no more than 45 feet high and 400 feet square, and one per minor business center entrance, or business center entrance on a collector or local street, no more than 25 feet high and 200 feet square. Sign master plans must be reviewed by Planning and Zoning Commission.

d. Sign master plans may also be used for campus properties in residential zones.

17. Compliance with sign regulations. Conformance required: Except as may be hereinafter specified, no sign shall be erected, placed, maintained, converted, enlarged, reconstructed or structurally altered which does not comply with all of the regulations established by this subsection.

18. Enforcement.

a. Continuing maintenance obligation: All signs must continue to be maintained in working condition, as required by Section 25.G.9.a.(iii). All sign faces must remain clearly legible and the sign mounting must remain structurally sound. All illumination must be maintained to fully illuminate the sign.

b. Inspection and monitoring: All signs allowed by this subsection are subject to inspection and monitoring. Signs not in compliance with the requirements of this subsection or not in compliance with the approved sign permit will be subject to enforcement actions pursuant to Section 26D of this zoning ordinance. These enforcement actions include the City hiring a contractor to remove a noncompliant sign and backcharging the property owner for the cost of this work.

c. Fines: Temporary signs displayed in violation of this subsection shall be fined as indicated in the Fee Schedule, Section 5-321 of the City of Williston Code of Ordinances.

d. Sunset clause: All commercial temporary signs will need to either be removed or be properly permitted for an event as allowed above within 90 days of January 1, 2017. Any commercial temporary sign that is still in place and not properly permitted will be fined as per Section 5-321 of the City of Williston Code of Ordinances.

19. Sign table. Permitted sign types and maximum sizes are indicated in the following Sign Table 25.1.

SECTION 25.H Off-street parking requirements.

[Amended 7-27-2021 by Ord. No. 1126]

1. Purpose. Except in the 2014 Downtown Parking District (Figure 9) of the City of Williston, no building shall be:

a. Erected;

b. Improved by more than 50% of the buildings value, or improved in 2 or more renovations that, in total, exceed 50% of the building's value;

c. Enlarged by increasing the floor area by more than 1,000 square feet or 10% of the existing building footprint area, whichever is greater, or enlarged in two or more expansions that, in total, exceed 1,000 square feet or 10% of the existing building footprint area;

unless there is provided on the lot paved parking of automobiles, or provided garage space, as specified below in Paragraphs 6 through 10. Modifications to the amounts of required parking may be found in Paragraphs 2 through 5.

2. Modifications of Required Parking. When the parking requirement for a use cannot be provided on the same lot as that use, the required parking may be modified on a case-by-case basis by the applicable authority as specified in each section to allow parking on a remote lot, shared parking, or reduction of the parking requirement.

3. Parking on a Remote Parking Lot. The Planning and Zoning Commission may grant permission to accommodate a portion of the required parking on a remote parking lot upon review and approval of information supporting the specific circumstances:

a. There are unique circumstances to include, but not limited to: topography, title, lot design, existing building footprint, or required access that prohibit the parking requirement from being met on the same lot as the principal use.

b. The property owner has maximized the space available on the lot that the principal use is on to accommodate the required parking.

c. The handicapped parking requirement is met on the lot that that the principal use is on.

d. The parking on a remote parking lot shall not cause a recognizable impact on traffic or adjacent land uses of either the lot that the principal use is on nor the remote lot.

e. The parking on a remote parking lot shall not adversely affect the public health, safety, and welfare.

f. Parking spaces available on the remote parking lot are not required to satisfy the required parking for any other use.

g. If parking on the remote lot includes shared parking, additional information from the share parking section as needed to evaluate the proposal can be requested.

h. The users and owners of the off-site parking area must sign an agreement to be reviewed by the City Attorney and recorded at the County Recorder's Office. The agreement shall define the approved parking arrangement and include a maintenance plan.

i. Parking shall be posted with permanent signage identifying the principal use that the parking spaces are reserved for.

4. Shared Parking. The Development Review Committee may grant permission to accommodate shared parking upon review and approval of the following information:

a. The applicant shall submit a shared parking analysis to the Planning Department that clearly demonstrates the feasibility of shared parking. The application shall include, at a minimum, a parking analysis with a detailed description of the proposed type of uses, their hours of operation, their anticipated peak parking demand and anticipated hours that such peak parking demand would occur.

b. Estimates for parking demand shall be based on calculations published by recognized professional institutions such as the Institute of Transportation Engineers, Urban Land Institute, Victoria Transport Policy Institute or other references as approved by the City.

c. The analysis shall demonstrate that the parking arrangement will not result in either traffic congestion or parking congestion in surrounding neighborhoods.

d. The users and owners of the shared parking area must sign an agreement to be reviewed by the City Attorney and recorded at the County Recorder's Office. The agreement shall define the approved shared parking arrangement and include a maintenance plan.

5. Reduction of Required Parking. The Development Review Committee may grant permission for a reduction of required parking upon review and approval of the following information:

a. Submittal of a parking needs analysis using parking generation assumptions acceptable to the City. References may include parking demand recommendations from recognized professional institutions such as the Institute of Transportation Engineers, Urban Land Institute, Victoria Transport Policy Institute or other reference as approved by the City; independent parking utilization studies; market data provided for similar uses and circumstances.

b. The data shall demonstrate that off-street parking at a rate lower than that otherwise required by this section will adequately accommodate all anticipated demand for off-street parking.

c. The proposal will not result in either traffic congestion or parking congestion in surrounding neighborhoods.

d. The reduction shall consider proportion with the building size and a reasonably seen future use.

e. The proposed reduction of required parking meets the handicapped parking requirement.

f. The reduced parking shall not adversely affect the public health, safety, and welfare.

g. The findings and decision for the reduction of parking shall be recorded at the County Recorder's Office.

6. Design Standards.

a. Site Plan Required: Any application for a building permit, development permit or modification of required parking shall include a site plan, drawn to scale and fully dimensioned, indicating any parking or loading facilities and must show the number of spaces, type of surfacing, area for any required parking lot screening, and drainage to be performed in compliance with this section and other applicable City ordinances. The site plan shall be approved by the designated approval authority and in accordance with the type of approval being requested. For requests of a modification to required parking, additional information as needed to review the proposal may be requested.

b. Parking area shall be so designed that vehicles may enter, circulate, park, and exit in a convenient and orderly fashion. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.

c. Off-street parking areas shall be designed so that vehicles do not have to back out of the parking area onto a public street.

d. The minimum size of each parking stall shall be, 10.0 feet by 18.5 feet, exclusive of aisle width. Minimal dimensional requirements for the design of the parking area are shown in Table 1 and on Figure 8.[1]

[1] Editor's Note: Table 1 and Figure 8 can be found at the end of this section.

e. Property within R-1, -R-2, R-3, R-4, R-5, R-6, R-7, C-1,-C-2 and C-3 zoned areas of the City limits and C-2 or C-3 zoned areas of the extraterritorial jurisdiction (ETJ) accessing a paved street or alley must pave with a hard surface all parking areas to include:

(i) When used for temporary or long-term vehicle storage.

(ii) Driveways and driving aisles for all new-construction; or

(iii) Expansion as defined in this ordinance which results in increased parking demand.

(iv) When required as a special permitted use or as required by state or federal law.

f. Property located in M-1, M-2, M-3, and HCC zoned areas of the City limits and extraterritorial jurisdiction (ETJ) accessing a paved street or alley must pave, with a hard surface:

(i) All driveways accessing the building and/or employee parking lots.

(ii) Other driveways accessing the property from paved streets or alleys must be paved with a hard surface from the street surfacing to the property line and all traffic aisle width into the property a minimum of 20 feet in length.

(iii) All long-term vehicle storage which directly access a public street or hard surface alley by a driveway or driving aisle shall have an approved surface.

(Note: See the HCC Zone Section 21a. for other requirements specific to the District).

g. All required lot surfacing shall be completed at the time the occupancy permit is issued unless a letter of credit, certified check, or other sufficient surety is placed with the City guaranteeing performance of the paving.

h. If the property is enlarged by increasing the floor area by more than 1,000 square feet or 10% of the existing building footprint area, whichever is greater, or enlarged in 2 or more expansions that, in total, exceed 1,000 square feet or 10% of the existing building footprint area, additional paved parking must be provided for the expanded area. However, paving of the original parking area, if unpaved, is not required unless any work that is done exceeds 50% of the building's value.

i. All non-residential and multi-family off-street parking areas must be marked by a durable painted stripe designating the parking spaces.

j. Surfacing: Paved, hard surfacing shall include hot-mix asphalt, concrete, interlocking brick, mortared stone, brick, or pervious pavers.

(i) Applicants proposing pervious pavers must provide product specifications to be approved by the City Engineering Department.

(ii) Crushed rock, recycled asphalt, crushed concrete, or gravel are not permitted as a paved, hard surfacing materials.

(iii) All parking areas including driveways must be well drained, and maintained in a good operating and safe condition.

k. Multi-family dwelling garages:

(i) For units requiring two spaces, only one may be an enclosed garage space.

(ii) Minimum clear dimensions for garages.

(a) Single-car garage: 12 feet x 24 feet.

(b) Driveway width between garages: 30 feet (note: this is the aisle width between facing garage doors on a double loaded aisle).

7. 2014 Downtown Parking District. (Ord. No. 998)

a. In the 2014 Downtown Parking District (See Figure 9),[2] any new construction or expansion of the gross floor area of an existing building by more than 50% shall meet the following requirements:

(i) Provide the number of spaces required by the uses contained within the building, as provided below, or

(ii) Pay a set fee in lieu of providing parking, as provided below.

[2] Editor's Note: Figure 9 can be found at the end of this section.

b. The numbers below are minimum requirements. Developers will want to evaluate their anticipated parking demand with available public parking to determine any additional off-street parking that may be needed beyond the minimum requirements.

c. 2014 Downtown Parking District Requirements.

(i) Residential:

(a) 1 space per efficiency, studio, and 1 bedroom dwelling unit.

(b) 1.5 spaces per 2 bedroom dwelling unit.

(c) 2 spaces per 3 bedroom dwelling unit.

(ii) Commercial:

(a) 1 space per 500 square feet of office space.

(b) 0 spaces for retail space.

d. Payment in Lieu.

(i) To exercise the payment in lieu option in order to provide parking for downtown development and redevelopment projects, application must be made to the Parking Authority, who will review the request and make a recommendation to the Planning and Zoning Commission, who will take final action on the application.

(ii) For new-build and redevelopment projects, applicant must provide evidence of the following:

(a) A good faith effort to provide on-site parking.

(b) That lot size and shape prevent a project from being built with all required parking.

(c) The planned parking location of all tenants within the building.

(d) Lack of project feasibility without reduction in parking requirements.

(iii) Payment in lieu fee to be determined by separate fee resolution. Fee is to be paid to the Parking Authority at time of building permit issue, for maintenance and creation of public parking.

8. Parking Requirements: Computation.

a. Reference herein to "employee(s) on the largest shift" means the maximum number of employees employed at the facility regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

b. The term "capacity", as used herein means the maximum number of persons which may be accommodated by the use as determined by its design or by building or fire code regulations, whichever is greater.

c. Any use not specifically mentioned below shall be determined by the Development Services Director. Determination shall be based on an evaluation of listed comparable uses; reference to standard parking calculations published by recognized professional institutions such as the Institute of Transportation Engineers, Urban Land Institute, Victoria Transport Policy Institute or other references as approved by the City; reference to local or national best practices.

d. Accessible parking shall be provided for all multi-family and non-residential uses as required by the International Building Code (IBC) and with the standards of the Americans with Disabilities Act (ADA), as amended. The number of accessible parking spaces shall be included in the total number of required parking spaces.

e. Fractional calculations: A fraction of less than one-half (1/2) may be rounded down, and a fraction of one-half (1/2) or more is counted as one (1) parking space.

f. On-street parking credit for commercial uses on streets classified as "local streets" per Figure 10: Street Classifications[3] (excluding the downtown district and multi-family residential developments):

(i) Any on-street parking space abutting the subject property may be counted toward the required parking if the street does not have residential parking permit restrictions.

(ii) The street must have a curb or clearly defined as space available for parallel parking to be considered usable parking.

(iii) The number of on-street spaces credited to the off-street parking requirement shall be determined based on one space per (25) twenty-five feet of uninterrupted linear feet available on the street frontage. Sight triangles and other reservations as may be determined by the City Engineering Department may not be considered available for parking.

(iv) On-street parking spaces credited for a specific use shall not be reserved for the exclusive use by customers, employees, or occupants of that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be allowed.

[3] Editor's Note: Figure 10 can be found at the end of this section.

9. Bicycle Parking.

a. Required parking:

(i) General retail sales and service, banking: one (1) space per 5,000 square feet up to 60,000 square feet with a maximum of 12 spaces.

(ii) Commercial office: two (2) spaces over 5,000 square feet.

b. Design requirements:

(i) Shall be located in a convenient, highly visible area near the primary entrance and not blocking a pedestrian path or sidewalk.

(ii) Enable the bicycle frame and at least one wheel to be secured to the rack with a U-lock.

(iii) Rack securely anchored to the ground.

(iv) Shall be installed per the manufacturer's specifications.

10. Number of Off-Street Parking Spaces Required.

a. The numbers below are minimum requirements. Businesses with higher parking utilization rates need to consider additional demand beyond the minimum requirements.

b. The number of off-street parking spaces which shall be required are as follows:

Number of Off-Street Parking Spaces
Residential Uses
Single Family	2.00/unit
Multi Family: one bedroom	1.00/unit
Multi Family: two bedroom or more	2.00/unit
Multi Family: Efficiency apartments	1.00/unit
Rooming/Boarding	1.00/Rented Room
Senior Housing	0.65/unit
Group Dwelling	1.00/Bedroom
Nursing Home	1.00/6 beds
	plus 1.00/Employee
Institutional Uses
Elementary/Junior High School	1.00/Employee
Senior High School	1.00/Employee
	1.00/per 5 non-bused students
College/trade/vocations	1.00/Employee
	1.00/4 Students
Libraries/Museums	1.00/350 SF
Assembly/exhibition halls/sports arenas/theaters and auditoriums	1.00/5 occupants at maximum capacity
Church	1.00/5 Seats
	or 1.00/5 occupants in the largest area of assembly
Commercial Uses
Day Care/Nursery	1.00/Employee
	plus 1.00/10 Students
Vehicle Repair Garage	2.50/service bay/stall
Hospital	1.00/2 patient Beds
Hotel/Motel	1.00/Room/suite
	plus 50% for accessory uses e.g. restaurants and bars
Funeral Home	1.00/4 seats or per 4 occupants in chapel
Professional Office	1.00/330 SF
Medical Office/Clinic	1.00/300 SF
Veterinary Office	1.00/300 SF
Health Club	1.00/300 SF
Retail sales/service (Less than 20,000 GFA)	1.00/300 SF
Retail sales/service: large format (greater than 20,000 GFA)	1.00/400 SF
Multi-Tenant Commercial Building	1.00/300 SF
Furniture/Home Furnishing	1.00/1000 SF
Eating & Drinking Establishments	1.00/100 SF
Fast Food with Seating	1.00/100 SF
Fast Food without Seating	1.00/250 SF
Commercial Indoor Amusement	1.00/360 SF
Industrial Uses
Industrial service shops	1.00/750 SF shop area
	plus 1.00/500 SF Office
Warehouse/wholesaling with distribution	1.00/2,000 SF
	plus 1.00/500 SF Office
Other Uses
Banks	1.00/330 SF
Self Service Laundry	1.00/4 Machines
Vehicle/Farm/Trailer Sales	1.00/1,500 SF
	plus any shop area to be calculated using shop calculation
Barber/Beauty Shop	2.00/Chair
Nurseries	1.00/500 SF inside sales or display
	plus 1.00/1,000 SF outside display
* "Employee" refers to the number of employees on the largest shift
** "SF" refers to square footage of the gross floor area

Table 1. Parking Lot Requirements for 10.0 Foot Stalls at Various Angles shown in Figure 8

Figure 8. Parking Layout Diagram

Figure 9. 2014 Downtown Parking District

Figure 10. Anticipated 2040 Functional Classification System (Figure 5.1 of City of Williston Transportation Plan, 2016)

SECTION 25.I Off-street loading requirements.

[Amended 7-27-2021 by Ord. No. 1126]

No building or structure other than residences shall be erected, nor shall any existing building or structure be altered in any use district without prior provision for off-street loading space in conformance with the following minimum requirements:

1. Retail sales and service, medical facilities, industrial service, manufacturing, warehousing/distribution, and wholesale sales with 10,000 square feet or more of gross floor area, or any use that generates a high demand for loading/unloading shall provide off-street loading spaces and related access and maneuvering areas.

2. Designated loading spaces: The length and width of the loading space, plus maneuvering area shall be indicated on the site plan and sized consistent to the use and vehicles serving the site.

3. The off-street loading facilities required for the use shall be on the same lot or parcel of land as the structure they are intended to serve.

4. Each required off-street loading area shall be designed to avoid obstruction of other vehicular access, or use of public streets and alleys.

5. If a loading space is within a parking lot required to be a paved hard surface, the loading space and access shall also be a paved hard surface.

6. The Development Services Director shall make final determination on the adequacy of loading/unloading facilities for the proposed use and any necessary signage.

7. Design and location of entrances and exits for required off-street loading areas shall be subject to the approval of the Development Services Director and City Engineer.

SECTION 25.J Lots not served by a water supply system and a waste water treatment plant.

A lot not served by a water supply system and a waste water treatment plant as defined in this ordinance, shall have a minimum lot area of one-half acre, except where a more restrictive minimum lot area is set forth in the district regulations.

SECTION 25.K Pools.

Any body of water in an artificial or semi-artificial receptacle or other container located outdoors which is constructed below grade shall be required to obtain a building permit and shall be enclosed with a tight fence of wood or other smooth material, or a chain link fence, not less than eleven-gauge. Such fence shall be a minimum of six feet in height. Fences shall be placed within one-half inch of the ground. Openings into the pool areas shall be only through a self-closing and self-locking gate. Residential district swimming pools shall be allowed in side and rear yards only. Side and rear yard setbacks shall be a minimum of six feet and a minimum setback of 10 feet shall be maintained between the swimming pool and the principal structure.

Any body of water in an artificial or semi-artificial receptacle or other container located outdoors which is constructed in such a manner as to permit a water depth of more than 18 inches above grade shall be either enclosed with a fence as required above, or shall be covered with a tight fitting cover, securely fastened as to prevent entry into the water when not in use.

SECTION 25.L Rock crushers, concrete and asphalt mixing plants, sand and gravel pits, or any other such excavating or surface mining.

The uses as set forth in this section shall be permitted in an Agricultural District, providing the following requirements are met:

1. When the application is filed, the applicant shall provide a plan showing the land proposed for excavation. This plan shall show the contours of the land on at least five-foot contour intervals, any improvements thereon and to a distance of 300 feet in all directions from the subject.

2. Concurrent with the above, the applicant shall also provide a plan showing the contemplated changed condition of the land due to the excavation. This plan must include the contemplated reuse of the land, what recovery of the land is planned and the contours on at least five-foot intervals.

3. No excavation or processing of excavated materials shall be permitted nearer than 30 feet to the boundary of adjacent property nor nearer than 125 feet to any existing residence, unless by written agreement that the owner or owners of such adjacent property consent to a lesser distance. The Planning and Zoning Commission may set a greater distance than above mentioned when, in their opinion, it is justified.

4. The Planning and Zoning Commission shall specify the degree of slopes of banks for all excavation, the depth of and the distance from any public structure when excavations are made in or near streambeds. When excavations are near or adjacent to irrigation canals or ditches, the applicant shall secure a written agreement from the ditch company or from officials responsible for the canals or ditches indicating their determination as to setbacks from public right-of-way.

5. Sand gravel shall be excavated in such a manner so as to assure the convenient restoration of the land and to hold to a minimum any adverse effects to adjacent land as a result of piling or storing the overburden materials.

6. The sand and gravel shall be excavated in such a manner so as to leave an average of two feet of undisturbed sand and gravel, as evenly as possible, over the entire excavation tract; to provide a water bearing strata for any existing ground water; and more, if the Planning and Zoning Commission deems necessary.

7. After an excavation has been completed, the operator shall spread evenly over the bottom of the excavation the excess waste materials. He then shall spread evenly the topsoil to a minimum depth of 18 inches. The topsoil shall be spread last so as to produce a new surface for the purpose of growing crops, trees, shrubs, etc. Operations shall be conducted in such a manner that excavated areas will not collect or permit stagnant water to remain therein.

8. An excavation operation shall maintain haulage roads within the premises covered by the permit and such roads shall be kept in a reasonably dust-free condition when said dust would be injurious to bordering premises. The Planning and Zoning Commission shall specify the conditions in each instance to insure this requirement. The hours of operation, unless otherwise specified by the Planning and Zoning Commission, shall be from 6:00 a.m. to 10:00 p.m., unless a national emergency arises or special permission is granted.

9. Rock crushers, and concrete and asphalt mixing plants may be permitted, providing the Planning and Zoning Commission finds that the following facts prevail:

a. The use is accessory to the sand and gravel operation.

b. In the finished product the operator uses the product of the sand and gravel pit on which the operation is proposed. The Planning and Zoning Commission may set out additional conditions under which these operations may be permitted and the said conditions may vary by location due to abutting land uses.

10. The operator of any excavation shall post a bond in the form prescribed by the Williston City Commission in a sum equal to the number of acres covered by the permit, multiplied by $500 to insure full compliance with all of the terms and conditions of the permit and the rules and regulations set forth by the Planning and Zoning Commission pertaining to extraction and processing. The minimum amount of such bond shall be $1,000 and the maximum amount $25,000. The Williston City Commission shall have the power and authority to provide for an alternative method of indemnifying the City in lieu of the posting of the bond herein mentioned.

11. The operator shall furnish evidence that he is insured to the extent of not less than $50,000 against liability for any negligent act or omission arising from the operation or maintenance of an excavation and all activities connected with or incident thereto.

12. Prior to the granting of a permit, the property shall be posted for a period of 30 days. This posting shall consist of a sign or signs, the number of which shall be determined by the Building Official, of a size three feet by four feet, posted four feet above grade, with lettering not less than two inches in size, placed in conspicuous locations visible from the public right-of-way.

13. At least 15 days prior to the hearing, the Building Official shall, by registered mail, send notice of the hearing to all property owners within one-half mile of the proposed excavation.

14. To defray the cost of posting the property and determining property owners to whom notice must be sent, there shall be collected a fee of $25.

15. Upon the granting of a permit by the Board of City Commissioners, the following fee schedule shall apply:

One acre or less	$200
More than 1 acre to and including 2 acres	$300
More than 2 acres to and including 3 acres	$400
More than 3 acres to and including 4 acres	$500
More than 4 acres to and including 5 acres	$600
More than 5 acres to and included 10 acres	$1,000
In addition, land in excess of 10 acres (per acre)	$25

16. The above fee schedule shall apply to each individual ownership of land which is included in the operation.

17. All permits shall be in full force for a period of five years from the date of issuance thereof unless a shorter time is set by the Planning and Zoning Commission. Such temporary permits may be renewable by the Planning and Zoning Commission for the same period of time or less, without further notice, hearing, or posting of the property involved; provided, however, that the operator has complied with all the terms and conditions of the original permit. A renewal of a permit shall be considered as a new permit with respect to fees.

18. The Planning and Zoning Commission shall have the power to cancel permits upon proof of violation of any of these regulations.

19. Rock crushers, concrete and asphalt mixing plants, sand and gravel operations or any other such excavations which are temporary operations (six months or less) shall not be subject to any of the regulations of this section, except they shall be required to obtain a permit from the Planning and Zoning Commission.

SECTION 25.M Oil and natural gas drilling.

[Amended 8-23-2022 by Ord. No. 1136]

Oil and natural gas drilling shall be permitted in a M-2: Heavy Industrial or A: Agricultural District, providing the following requirements are met:

1. The regulations and statutes provided for in Chapter 38-08, North Dakota Century Code, shall be followed by any person desiring to drill a well for oil and natural gas within the City of Williston or the one-mile extraterritorial jurisdiction.

2. An application must be filed with the City Planner. The application shall consist of two drill site development plans.

a. The first plan shall be a drill site development plan covering and including that phase of the oil well operation including drilling operations, and shall include the following information:

(i) Written legal description.

(ii) Scale drawing of the property and appropriate dimensions.

(iii) Scale, north arrow, date, and legend.

(iv) Name, address, and telephone number of property owner and applicant.

(v) Location and size of existing easements, utilities, and right-of-ways.

(vi) Location and dimension of all vehicular entrances, exits, and drives.

(vii) General drainage system.

(viii) Size of site.

(ix) Location of all physical facilities to include proposed wells, structures, portable toilets, and relationship to all buildings within a 660-foot radius.

(x) The site plan shall contain a statement describing all pollution prevention equipment to be utilized; it shall be the policy of the City of Williston to require blowout prevention devices on every drilling operation covered hereunder.

(xi) Location of all mud pits.

(xii) Pad construction plans.

b. The second plan shall cover the completed or production well phase and shall contain the following information:

(i) General location of tank batteries and size of tank battery site.

(ii) Any oil, gas, or water lines to be utilized.

(iii) Location of ingress and egress to be utilized by applicant and to include all vehicular entrances, exits and drives.

(iv) Type of screening devices, or construction to be utilized around the pumping site, which screening shall be required to be of such type so as to discourage access, entry, or climbing so as to endanger life and security; all screening shall be required to meet the minimum screening standards as specified in Section 23.N and Section 25.A; the security at gates to any oil operation at all times during which the oil operation site is unattended.

(v) The sign shall be no more than 24 inches by 30 inches; shall contain the name, address, and emergency phone number of the oil producing company; and shall be posted at the drilling site for use in any emergency notice which might arise.

3. An oil well or natural gas operation shall maintain roads within the premises covered by the permit and such roads shall be kept in reasonable dust-free condition.

4. No well or drilling operation shall be located, drilled, or operated within 300 feet of any Residential, Commercial, or Parks and Open Space District. In any other Districts, no well or drilling operation shall be located, drilled or operated within 200 feet of any existing structure. Traffic to and from a well or drilling operation shall not be disruptive to any residential development.

5. Any drilling rig within 300 feet of a residence, business, or public building shall be enclosed on all sides. All storage tanks, wells, and equipment operated or maintained in connection with such a well shall be enclosed with a fence. All rigs shall be equipped with adequate fire extinguishing equipment.

6. A special use permit for the drilling of all oil and gas wells shall be required, and shall follow the process and regulations laid out in Section 27 of this ordinance.

SECTION 25.N Adult entertainment. [1]

1. Purpose and intent.

a. Purpose. It is the purpose of Subsection N to regulate adult entertainment establishments, or otherwise referred to herein as adult establishment or adult use, in order to promote the health, safety, and general welfare of the citizens of the City of Williston, and to establish reasonable and uniform regulations to prevent the negative secondary effects and concentrations of adult entertainment establishments within the City of Williston.

(i) This ordinance does not have the purpose, intent or effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials.

(ii) Further, it is not the purpose, intent, or effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended markets.

(iii) It is not the intent or effect of this ordinance to condone or legitimize the distribution of obscene materials.

b. Findings. Whereas, based on evidence concerning adverse secondary effects of adult entertainment, adult use, or adult entertainment establishments, local police reports made available to the board have generated the following statistics concerning the secondary effects:

(i) Between mid-2013 and June 2015 there were over 200 reported incidents at the 2 strip clubs located within City limits that the Williston Police Department responded to.

(ii) The following is a summary of the types of calls and incidents that the Williston Police Department responded to:

(a) Two homicides; one murder and one death from grave bodily injury resulting from an assault. In September 2014, there was a fight between overly intoxicated individuals outside one of the strip clubs. As a result of the altercation one individual had a serious head injury. The head injury resulted in permanent brain damage and subsequent death.

(b) Forty-two fights/assaults, almost all involved intoxicated individuals.

(c) Eight DUIs/Disorderly Conduct.

(d) Thirty-six unruly and intoxicated patrons.

(e) Three hit and runs.

(f) Ten theft of property calls, including two stolen vehicles.

(g) Six welfare checks.

(h) Fifteen traffic violations.

(i) Two junk ordinance violations.

(j) Multiple dates of minors being admitted to the establishments while under the age of 18 and/or being served with alcohol while under the age of 21.

(iii) Additionally, based on evidence concerning the adverse secondary effects of adult uses presented in hearings and in studies which were also made available to the Board, and on findings incorporated in the cases of City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc. V. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 US. 560 (1991); Thomas v. Chicago Park District, 122 S. Ct. 775 (2002); California v. LaRue, 409 U.S. 109 (1972); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); ILQ Investments Inc. v. City of Rochester, 25 F. 3d 1413 (8th Cir. 2003); Holmberg v. City of Rochester, 12F. 3d 140 (8th Cir. 1993); McCrothers Corp. v. Mandan, 2007 ND 28, 728 N.E. 2d 124 (2007); Big Dipper Entertainment, LLC v. City of Warren, 641 F.3d 715 (6th Cir. 2011); Big Dipper Entertainment, LLC v. City of Warren, 658 F. Supp. 2d 831 (E.D. Mich. 2009); County of Morrison v. Wheeler, 722 N.W. 2d 329 (MN 2006); City of Chicago v. Poo Bah Enterprises, Inc., 865 N.E. 2d 390 (III. 2006); and other cases; and reports of secondary effects occurring in and around adult entertainment establishments, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma County, Oklahoma; Cleveland, Ohio; Dallas, Texas; Tucson, Arizona; St. Croix County, Wisconsin; Bellevue, Washington; Newport News, Virginia; New York, New York; Phoenix, Arizona; Mandan, North Dakota; and from summaries of several of the foregoing secondary effects report; the Board finds:

(a) The nature of adult establishments is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses, such as schools, day care centers, libraries, churches or parks. A 2008 Texas study revealed that "91% of surveyed property appraisers stated that the existence of a strip club or sexually oriented retail store within 500 feet of a single-family home directly impaired the value of those residences." Report to the TX Legislature: "Sexually Oriented Businesses and Human Trafficking: Associations, Challenges and Approaches," Off. Att. Gen., p. 2 (Mar. 2013). Further, 71% of the surveyors found that an adult establishment's presence within a 1/2 mile distance of a residential property had a negative impact on market value.

(b) The concentration of adult establishments has an adverse effect upon the use and enjoyment of areas adjacent to such establishments.

(c) The nature of adult establishments requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential or related residential uses.

(d) Regulation of adult establishments is necessary to ensure that any adverse secondary effects does not contribute to or enhance criminal activity in the area of residential uses or contribute to the blighting or downgrading of the surrounding property and lessening of its value.

(e) The Planning and Zoning Commission, following appropriate notice, held a public hearing on the ordinance from which Subsection N is derived, and has considered testimony, written comments, and material from the public by and through said hearing, and has recommended approval of the zoning changes for adult uses.

(f) Subsection N is consistent with the City of Williston Comprehensive Plan, purposes, goals and policies in preserving a vibrant downtown which enhances both community life and the economy through ensuring it is a place to work, live, play and shop. Further, when adopting the Comprehensive Plan the community valued personal safety and a low crime rate as 2 characteristics in preserving.

2. Construction and definition. The following words, terms and phrases, when used in Subsection N., shall have the meanings ascribed to them in this section, except where the context indicates a different meaning:

a. ADULT CABARET ENTERTAINMENT - Means:

(i) Any exhibition, performance, or dance of any type conducted in any premises where such exhibition, performance or dance involves a person who performs in such clothing or sheds clothing to a point where the area below the top to the bottom of the areola of a female breast or any portion of public area, anus, buttocks, vulva or genitals are covered by opaque material, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(ii) Any exhibition, performance or dance which includes any of the following:

(a) The performance of acts, or simulated acts, of sexual intercourse;

(b) Masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

(c) The actual or simulated touching, caressing, or fondling of the breast, buttocks, anus or genitals;

(d) The actual or physical displaying of the pubic hair, anus, vulva or genitals, or the nipples of the female; or

(e) Appearances, entertainment, or performances of any type consisting of or containing any nude performer, or topless female dancer; or

(iii) Any exhibition, performance, or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes but is not limited to, any such exhibition, performance, or dance performed for, arranged with, or engaged in with, fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

b. ADULT ESTABLISHMENTS OR ADULT USES, WHICH ALSO MAY BE KNOWN AS OR REFERRED TO AS ADULT ENTERTAINMENT ESTABLISHMENTS - Means adult arcades, adult bookstores, adult cabarets, adult cabaret entertainment, adult companionship establishments, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult bathhouse/steam room/sauna facilities, adult companionship establishments, adult rap/conservation parlors, adult health/sport clubs, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas, which are capable of being seen by members of the public.

c. ADULT USE — ARCADE - Means any place to which the public is permitted or invited, but from which minors are excluded by reason of age, wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to one person per machine, located within individual viewing areas, cubicles or booths and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexually activities or specified anatomical areas.

d. ADULT USE — BODY PAINTING STUDIO - Means an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

e. ADULT USE — BOOKSTORE - Means a building or portion of a building used for the barter, rental or sale of items of printed matter, including publications, books, magazines, and other periodicals, pictures, slides, records, audio tape, CD, DVD, videotape or motion picture film, if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age or if such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

f. ADULT USE — CABARET - Means a building or a portion of a building used for providing dancing or other live entertainment or activity as defined in adult cabaret entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing, activity or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

g. ADULT USE — COMPANIONSHIP ESTABLISHMENT - Means a companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer or patron, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

h. ADULT USE — HEALTH/SPORT CLUB - Means a health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

i. ADULT USE — HOTEL/MOTEL - Means an adult hotel or motel from which minors are specifically excluded from patronage and wherein material is present which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

j. ADULT USE — MASSAGE PARLOR, HEALTH CLUB - Means a massage parlor or health club which restricts minors by reason of age, and which provides the services of massage if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

k. ADULT USE — MINI-MOTION PICTURE THEATER - Means an enclosed building or portion of a building with a capacity of less than 50 persons used for presenting materials or motion pictures, if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such materials or motion pictures are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons of the theater.

l. ADULT USE — MODELING STUDIO - Means an establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers or patrons and who engage in specified sexual activities or display specified anatomical areas while being observed, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers or patrons.

m. ADULT USE — MOTION PICTURE ARCADE - Means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devised are maintained to show images to five or fewer persons per machine at any one time, if such place as a prevailing practice excludes minors by virtue of age or if the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

n. ADULT USE — MOTION PICTURE THEATER - Means an enclosed building or portion of a building with a capacity of 50 or more persons used for presenting materials or motion pictures, if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material or motion pictures are distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, for observation by patrons of the theater.

o. ADULT USE — NOVELTY BUSINESS - Means a business which has as a principal activity the sale of devises which stimulate human genitals or devices which are designated for sexual stimulation or the sale of sexually oriented devices.

p. ADULT USE — SAUNA - Means a sauna which excludes minors by reason of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

q. ADULT USE — STEAM ROOM/BATHHOUSE FACILITY - Means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

r. MASSAGE - Means the manipulation of a body muscle or tissue by rubbing, stroking, kneading, or tapping by hand or mechanical device.

s. MASSAGE BUSINESS - Means any establishment or business wherein massage is practiced, including establishments known as health clubs, physical culture studios, massage studios or massage parlors.

t. NUDE PERFORMER OR NUDE DANCER - Means any person who performs or appears in attire such that any portion of the pubic area, anus, vulva or genitals is exposed to view or not covered with an opaque material.

u. SEXUALLY ORIENTED DEVICES - Means, without limitation, any artificial or simulate anatomical area or any other device or paraphernalia that is designed in whole or in part for specified sexual activities.

v. SPECIFIED ANATOMICAL AREAS - Means:

(i) Less than completely and opaquely covered human genitals and public regions, buttocks, or female breasts below a point immediately above the top of the areola.

(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

w. SPECIFIED SEXUAL ACTIVITIES - Means:

(i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

(ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence.

(iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation.

(iv) Fondling or touching of nude human genitals, public region, buttocks or female breast.

(v) Situations involving a person, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving flagellation, torture, fettering, binding or other physical restraint of any such persons.

(vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being.

(vii) Human erection, urination, menstruation, vaginal or anal irrigation.

x. TOPLESS FEMALE PERFORMER OR TOPLESS FEMALE DANCER - Means any female who performs or appears in attire such that any portion of her breasts below the top of the areola is exposed to view or is not covered with an opaque material.

3. Adult uses or establishments.

a. General provisions. Adult uses or establishments shall be subject to the following general provisions:

(i) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application of or interpretation of Subsection N be construed to allow any activity otherwise prohibited by state law or City ordinance.

(ii) Adult uses shall be prohibited from locating in any building which is also utilized for residential purposes.

b. Adult uses or establishments. Adult uses or establishments shall be a permitted use only in the M-2: Heavy Industrial District, subject to the regulations, location and separation criteria as outlined in Subsection N herein and the following:

(i) Adult uses shall not be located within at least 1,250 radial feet, as measured in a straight line from the closest point of the property line in which the adult use is located, to the property line of:

(a) A zoning district in which residential uses are specifically listed as a permitted or conditional use;

(b) A licensed day care center;

(c) A public or private educational facility, classified as a kindergarten, elementary, junior high, intermediate, or senior high;

(d) A public library;

(e) A public park;

(f) Any church or church/religious related organization; or

(g) Another adult use.

(ii) No adult use may be located in the same building or upon the same property as another adult use.

(iii) No building premises, structure or other facility in which sexually oriented devices, as defined in this chapter, are displayed, or offered for sale shall contain any other kind of adult establishment or adult use.

(iv) Adult uses must adhere to the following signing regulations:

(a) Sign messages shall be generic in nature and shall only identify the name of the business.

(b) Signs shall comply with the requirements of size and number for the district in which they are located or as required by applicable building code.

(v) Adult establishments which offer the following must restrict from and prohibit access to minors by physical separation of such items from areas of general public access:

(a) Movie rentals. Display areas shall be restricted from general view and the access of which shall be in clear view and under the control of persons responsible for operation.

(b) Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

(c) Other uses. All other adult uses, such as adult use-novelty, shall comply with the intent of this section.

4. Nonconforming adult uses.

a. Any adult use lawfully operating prior to the adoption of this ordinance that is in violation of Subsection N.3.b shall be deemed a nonconforming use. The nonconforming use is permitted to continue for a period not to exceed one year, unless sooner terminated for reason or voluntarily discontinued. In no instance shall a nonconforming use be allowed to structurally expand the use on the lot on which it is located when the use became a nonconforming use, or expand the adult use to include another lot on which the adult use was not located when it became nonconforming, or in any way be increased, enlarged, extended or altered, expect that the use may be changed to a conforming use.

b. If the building in which a temporary nonconforming use is located is destroyed by any means to an extent of greater than 50% of its market value, or if the building in which the temporary nonconforming use is vacant for more than six months, an adult use may not be reestablished.

c. Any adult establishment which is made nonconforming by Subsection N or which is an existing nonconforming use shall be terminated within the time period provided in Subsection N.4.a above. However, such termination date may be extended upon approval by the Commission of an application filed with the City Administrator/Auditor within three months of the effective date of the ordinance from which this Section 25.N is derived, requesting an extension to such amortization period. The Commission's decision on whether or not to approve an extension and the length of time of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to the expiration of the time period provided for in Subsection N.4.a above which precludes reasonable alternative uses of the subject property. The applicant must also include with the request for an extension an amortization schedule demonstrating the financial investment and time period being requested.

d. An adult establishment business lawfully operating as a conforming use is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult entertainment license, of a use listed in Subsection N.2.b within 1,250 feet of the adult establishment. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked.[2]

[2] Editor's Note: Ord. No. 936 adopted 5-10-2011, Ord. No. 1032 adopted 1-26-2016.

5. Violations; penalties.

a. Any person violating any provision of Subsection N is guilty of a Class B Misdemeanor and, upon conviction, is subject to the penalties as prescribed under state law.

b. Any violation of Subsection N related to adult entertainment, adult uses, or adult entertainment establishments shall be subject to the provisions of Section 26 and any amendments thereto as well as shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in which the adult use is located. In the event the Planning and Zoning Commission or Board of City Commissioners propose to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for such proposed suspension or revocation. The Planning and Zoning Commission shall hold a hearing for the purpose of providing a recommendation to the Board of City Commissioners regarding whether to revoke or suspend the certificate of occupancy, and the hearing shall be within 30 days of the date of the notice. Upon the Planning and Zoning Commission's recommendation the Board of City Commissioners shall hold a hearing for the purpose of determining whether to revoke or suspend the certificate of occupancy, which hearing shall be within 30 days after the Planning and Zoning Commission makes their recommendation. The Board of City Commissioners decision shall be final concerning whether or not to revoke or suspend a certificate of occupancy.

c. The Board of City Commissioners shall determine whether to revoke or suspend a certificate of occupancy within 30 days after the close of the hearing and shall notify the property owner of its decision within that period.

[1] Editor's Note: See City Code Chapter 9.

SECTION 25.O Temporary uses and structures.

[Amended 11-22-2022 by Ord. No. 1139]

1. Definitions.

GREENHOUSE

A structure enclosed (as by glass or plastic), and used for the cultivation or protection of tender plants; used in a retail setting as an establishment engaged in the sale of plants, trees, garden supplies, garden tools, and related items to the public.

POLITICAL SUBDIVISION

A unit of government within a state, including a county, City, township, or village.

SEASONAL COMMERCIAL RECREATION USE

An outdoor, seasonal commercial recreation use, such as an ice skating rink, pumpkin patch, bounce house amusement park, wedding venue, paintball facility, which is not used year-round, which is a commercial venture and not owned or operated as a non-profit entity, and which is on an A: Agricultural or P: Parks and Open Space zoned property.

TRANSIENT MERCHANT, ITINERANT MERCHANT, OR ITINERANT VENDOR

A person, firm, or corporation, whether as owner agent, consignee or employee, who temporarily sets up business on private property, or out of a vehicle, trailer, tent, other portable shelter, or vacant store front for the purpose of exposing or displaying for sale, selling or attempting to sell, goods, wares, products, or merchandise.

2. Purpose. The purpose of the regulations in Subsection O. is to allow for the administrative review for temporary uses and structures, which have seasonal or temporary durations, which render the display and transaction of goods or services outside of a building or vacant store front. These activities shall be regulated to avoid incompatibility between uses in the surrounding area and control the types of temporary uses which occur on private property or parking lots throughout the City.

3. Temporary use permit required. A temporary use permit shall be required for all temporary uses and structures listed in this Subsection O. Applications for these permits shall be reviewed and if approved, filed with the Planning Director in the Planning and Zoning Department. Temporary uses and structures may be subject to additional permits, licenses, inspections, and interdepartmental review as needed.

a. Application requirements:

(i) A completed application form;

(ii) Address, legal description of the property where the temporary use or structure is to be located;

(iii) A site plan or drawing of the property illustrating the lot, all existing structures, parking spaces, and where such temporary use or structure is to be located.

(iv) A complete description of the proposed temporary use or structure, including hours of operation, proposed method of merchandise display, proposed signage, list of all goods to be sold and material and equipment to be used in the proposed operations;

(v) Permission from the property owner which pertains to the authorization for the use of the site and other facilities or services necessary to provide for the safe operation of the temporary use;

(vi) A copy of the State Sales and Use Tax Permit; or

(vii) A copy of the State Transient Merchants License.

b. Exemptions include the following uses:

(i) Rummage sales, yard sales, and garage sales held at the home of the vendor;

(ii) Merchants or vendors participating in farmers market, flea market, fairs, carnivals, circuses, or other similar activity; and

(iii) Mobile businesses or mobile commercial businesses, transient merchants, itinerant merchants, and itinerant vendors who are invited to events approved by the City, that are organized, and managed by a fair association, convention bureau, or other political subdivision including the City itself. Such events include but are not limited to the Chokecherry Festival, Band Day, Holiday Lights, and Clean City.

(iv) Mobile business operations recognized by the City to have been operating and in existence at the time of the City's adoption of Ordinance Nos. 974 and 990, an ordinance establishing a temporary moratorium prohibiting the use of future mobile commercial businesses, which was approved by the City Commission on 9-24-2013 and up until the adoption of this Ordinance No. 1065 shall be exempt from Ordinance No. 999 until January 1, 2016, at which time the exemption described herein shall sunset.

(a) After January 1, 2016, all mobile commercial businesses, whether previously exempt in accordance with Subsection O.3.b(iv) shall be brought into compliance by January 1, 2016.

(b) Any mobile commercial business not in compliance with Ordinance No. 999 by January 1, 2016 shall be deemed to have violated Ordinance No. 999 and subject to enforcement described in Subsection O.10 Enforcement.

(v) Seasonal greenhouses which are erected only during the period of time from May 1 through August 31, providing the following conditions are met:

(a) The greenhouse is owned and operated by either the property or building lease holder or owner.

(b) The greenhouse is located on an existing developed lot with an existing, current primary use.

(c) The greenhouse may only be utilized as an accessory use.

(d) A temporary structure permit is obtained.

(e) No required parking is utilized for the placement of the greenhouse or surrounding outdoor sales.

(f) The greenhouse shall only be located on commercial (C-1, C-2, C-3), Highway Corridor Commercial (HCC), Light Industrial (M-1), Heavy Industrial (M-2), or Agricultural (A) zoned properties.

(vi) 

Seasonal Commercial Recreation Uses:

(a) Seasonal Commercial Recreation Uses may be considered for a yearly permit providing the following conditions are met:

i. The property has received a Special Use Permit from the Planning and Zoning Commission for the specific seasonal use

ii. The permit is issued for no more than a six month period.

iii. Parking needed for the use can be contained fully on the property, but does not need to be paved. Parking may be grass or gravel. A full site plan is required on a yearly basis.

iv. Findings from subsection 5, items a-e, below must be made in a positive manner.

(b) Yearly permit review is intended to allow for non-significant changes to the operation of the approved seasonal commercial recreation use. Any changes which are determined to be significant by staff may be required to be reviewed by the Planning and Zoning Commission as an expansion of the existing SPU.

4. Permitted uses. A temporary use permit may be issued for the following uses:

a. Halloween pumpkin patches, and Christmas trees lots;

b. Mobile businesses or mobile commercial businesses operating under temporary provisions and performing public service operation only; and

c. Transient merchants, itinerant merchants, and itinerant vendors.

5. Findings. The Planning Director may approve a temporary use permit application only when all of the following findings of facts can be made in a positive manner:

a. That the operation of the requested temporary use or structure at the location proposed will not jeopardize, endanger or otherwise constitute a nuisance to the public health, safety or general welfare or be injurious or detrimental to properties served, adjacent to, or in the vicinity of the nearby area with respect to the existing land use and zoning designation;

b. That the proposed site is adequate in size and shape to accommodate the temporary use or structure;

c. That adequate parking to accommodate vehicular traffic to be generated by such use will be available on site and not take away from the minimum parking requirement established for the existing uses.

d. That the proposed egress and ingress for the site is adequately served by unobstructed fire lanes, driveway aisles, streets, or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use or structure could reasonably generate;

e. That the proposed location of setup and operation shall not be located in the public right-of-way.

f. That the proposed signage for the temporary use or structure is limited to one sign, not to exceed 32 square feet. The sign shall be attached to the vehicle or structure associated with the temporary use. No off-premises signs or dynamic messaging signs are allowed;

g. That the proposed temporary use or structure is limited to one temporary use or structure per site;

h. That the proposed temporary use or structure is limited to one event consisting of up to 14 days and three events per calendar year, not to exceed 42 days. Days not utilized in a single event will not be carried over to the next event;

i. That the property owner of the site is restricted to host no more than one event consisting of up to 14 days and three events per calendar year, not to exceed 42 days. Days not utilized in a single event will not be carried over to the next event; and

j. In approving an application for a temporary use permit, the Planning Director may impose such conditions as are deemed necessary to insure that the permit will be in accord with the intent and purpose of this Zoning Ordinance.

6. Zoning. Such permitted uses shall only be located on commercial (C-1, C-2, C-3), Highway Corridor Commercial (HCC), Light Industrial (M-1), Heavy Industrial (M-2), or Agricultural (A) zoned properties.

7. Fees. The fee for such permit under shall be established by resolution and adopted by the City Commission.

8. Expiration of permit. Temporary use permits allow for a period of up to 14 days and three events per calendar year, not to exceed 42 days. Days not utilized in a single event will not be carried over to the next event. Upon expiration of the permit, all associated materials and equipment shall be promptly removed from the property.

9. Revocation. A temporary use permit may be revoked if the Planning Director finds that one or more of the following conditions exists:

a. Circumstances have changed to such a degree that one or more of the findings of fact contained in Subsection O.5 can no longer be made in a positive manner;

b. The temporary use permit was obtained in a fraudulent manner;

c. One or more conditions of the temporary use permit have not been complied with.

10. Enforcement. Any use which is established, operated erected, moved, altered, enlarged or maintained contrary to the provisions of this Zoning Ordinance or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Section 26.F of the City of Williston Zoning Ordinance.

11. Effective date. The effective date of this Ordinance No. 1065 is August 8, 2017.

SECTION 25.P Workforce, temporary housing. [1]

1. Employee housing may or may not be located on the principal heavy industrial parcel. Such housing may only be occupied by employees of a requesting business. The use is temporary, with a specified review period of no more than five years from date of approval, as conditioned by the Planning and Zoning Commission and approved by the City Commission. Consideration for further extension would be finally determined by the City Commission with recommendation for the continuation or discontinuation of the use by the Planning and Zoning Commission.

2. Application requirements. The application process shall follow the Special Permitted Use criteria outlined in Section 27.D.1 through 9. The following additional items shall be provided with the application and site plan to include:

a. Evidence that the applicant owns the land.

b. Description of the precise nature of the use including the following information:

(i) Total number of projected workforce.

(ii) Estimated duration of use.

(iii) Total number and type of housing to be used.

(iv) Total number of beds.

c. Site Plan, drawn to scale, including the following:

(i) Location of housing units.

(ii) Location of existing structures.

(iii) Ingress and egress to property and proposed structures.

(iv) Required off-street parking.

(v) Refuse and service areas.

(vi) Utilities, with reference to location, availability and compatibility.

(vii) Proposed areas to be screened or buffered- and indication of type to be used.

(viii) Location of any proposed signs.

(ix) Required yards or open space.

d. Method for sewage disposal and water supply with approvals from regulating authority.

e. Building permit required and must follow State Building Code Guidelines.

f. Approved fire protection and emergency response measures.

g. Impact fees and or permit fees as amended and determined by the City Officials. Fees assessed would require review and approval by the City Commission.

3. Prohibited housing types.

a. M-2: Heavy industrial district. Recreational camping trailers are prohibited unless compatible with the area and rest of work camp and as approved by the City Commission.

4. Prohibited activities. Sites are to be maintained free of garbage and junk and subject to compliance with applicable City codes and ordinances (e.g. as nuisance and junk). Recreational vehicles are not to be operated on site. Only permitted outdoor storage per the zoning district is allowed. No outdoor storage of personal vehicles, campers or personal items for occupants of temporary housing are permitted on the site.

5. Permitting requirement. Workforce, temporary housing proposals will be submitted and reviewed as Special Permitted Uses following the stated criteria in Section 27 and additional application requirements as stated in this ordinance. Due to the nature of workforce, temporary housing as an unconventional land use and potential community-wide concerns additional processing steps are required as follows:

a. Public hearing. The Planning and Zoning Commission will hold a public hearing in regard to the application and make a recommendation to the City Commission.

b. Public hearing notice requirements. Notice of the public hearing must be published once a week for two successive weeks before the time set for the hearing in the official newspaper of the City. The notice must contain the following items:

(i) The time and place of the hearing.

(ii) A description of any property involved, by street address if streets have been platted or designated in the area affected.

(iii) A description of the nature and scope of the proposal.

(iv) A statement of the times at which it will be available to the public for inspection and copying at the office of the City Auditor.

c. City commission. Upon review and recommendation by the Planning and Zoning Commission, the City Commission shall review and give a final decision.

6. Taxation, fees. Workforce, temporary housing may be subject to real property taxation or crew housing permit fees as set forth by the City of Williston.

[1] Editor's Note: Ord. Nos. 925 and 981 currently inapplicable based on Ord. No. 1050. See Section 8.O.

SECTION 25.Q Mobile food trucks. [1]

1. Mobile food trucks.

a. For purposes of this Subsection Q., a "mobile food truck" is defined as a licensed mobile food unit, as licensed through the NDDOH.

b. No person may set up or operate a mobile food truck without first obtaining a license and meet the requirements and conditions laid out in this Subsection Q. The City Auditor is authorized to issue a license for a mobile food truck, with approval from the Building Official, Planning and Zoning Director, Chief of Police, Director of Public Works, Fire Chief, and City Engineer. This license may only be obtained if the Health Department has licensed the food truck.

c. Mobile food trucks may only operate in a designated "food truck area" as noted in this Subsection.

d. Licenses are issued annually and are only valid for a twelve-month period. All licenses shall expire on December 31 of each year regardless of when a person obtains a license. License fee shall be set by City Commission approved Resolution.

e. Any violations of this Subsection shall be subject to the removal of the mobile food truck license for the remainder of the license issuance period, as follows:

(i) If a mobile food truck is in violation of any provision of this Subsection, a ticket for $500 may be issued by the Williston Police Department during the violation.

(ii) Any person having information that the mobile food truck license holder has violated any provisions of this Subsection may submit a complaint to the Director of Development Services setting forth such violation.

(iii) If any mobile food truck receives three tickets, or receives three complaints from independent and separate business or property owners within a six-month period, the following shall apply:

(a) Upon receipt of such complaint, or confirmation that the mobile food truck has received three tickets from the Williston Police Department, the matter shall be set for hearing in a reasonable period of time at the regular meeting of the Board of City Commissioners. A copy of the complaint and notice of the hearing will be mailed to the mobile food truck license holder by registered or certified mail not less than 10 days before such hearing.

(b) Upon the Board of City Commissioners making a written finding that a violation of this Subsection occurred it shall immediately revoke the mobile food truck license.

(iv) Any act or the failure to do any act which creates a public nuisance, or in the event of repeated violations which may or may not meet the requirements listed above, the City retains the ability to immediately revoke the food truck license.

(v) Such causes as hereinbefore described shall not be deemed to be exclusive and such license may be terminated at any time by the Board of City Commissioners for any cause deemed by the Board to be sufficient cause and justified by reason of public health or public morals.

f. License holders, for mobile food trucks and their employees shall meet the following requirements.

2. Health and safety regulations.

a. The license holder shall comply with all North Dakota Department of Health (NDDOH) and other applicable regulatory agency requirements, including, but not limited to, the requirements for food service. The license holder shall display in a conspicuous location all such required licenses and/or licenses and shall provide copies of those licenses and/or licenses to the City prior to issuance of a license for a food truck by the City. The license holder shall continuously maintain the required approvals, licenses and/or licenses and provide evidence to the City of the continuous maintenance of them.

b. The license holder shall obtain and display a certificate of insurance from a company licensed to do business in North Dakota, evidencing that the license holder has general liability insurance policies in effect with limits of at least $250,000 per individual and $1,000,000 per occurrence. The City of Williston must be named as an additional insured.

c. Copy of a criminal record check for owner of the food truck.

d. At time of application, applicant must provide a copy of a notarized statement signed by the applicant holding the City harmless against claims and litigation for issuing a license.

e. Any food trucks must be registered in North Dakota.

f. Food trucks must be a dedicated truck for this purpose and must be approved by the NDDOH.

g. The license holder shall provide with their application the number of vehicles they intend to operate as a food truck, a description of all food trucks, they intend to operate, license plate information for each food trucks, VIN for each food truck, proof of insurance coverage for each food truck, and proof of fire and safety inspection for each food truck.

h. A separate application and fee is required for each food truck applied for by the applicant.

i. If anything changes, the license holder shall deliver updated and current information to the Williston Police Department and Williston Auditor's office within 10 days.

j. All food, oil, and organic waste must be disposed of at licensed food establishment. Arrangements for such must be shown at time of application via a signed contract with a licensed food establishment.

k. There must be a designated Person in Charge of food safety with the food truck at all times, as per NDDOH requirements.

3. Maintenance regulations.

a. The license holder shall provide proper containers or some other means for the collection of waste and trash from the food truck. The license holder shall keep the immediate area around the food truck and the food truck clean of garbage, trash, paper, cups, cans or litter associated with the operation of the food truck. All waste and trash shall be properly disposed of by the license holder.

b. The license holder is responsible to remove any garbage, spills, or stains or repair any damage to the designated area resulting from operations of the food truck.

c. The license holder shall be responsible for the maintenance, upkeep and security of the food truck. Skirting of the food truck is not allowed.

d. The food truck must be kept in good operating condition, with no rust or peeling paint.

e. Advertising decals are limited to the name of the licensed vendor, the types of food for sale, and the price lists of those items.

4. Noise regulations.

a. The license holder shall comply with all noise regulations set forth in the Williston City Code of Ordinances.

b. The license holder shall not have on the premises any bell, siren, horn, loudspeaker or any similar device to attract the attention of possible customers nor shall the license holder use any such device to attract attention.

5. Parking and traffic regulations.

a. A food truck may not utilize a drive through window.

b. A food truck may only be parked on a paved area, with paved parking for customer cars.

c. A food truck may not park on a sidewalk.

d. A food truck may only be parked on a developed lot, which has a permanent business and structure on the property.

e. A food truck may not interfere with the needed parking for the permanent business and building on the property.

f. A food truck or its customers may not interfere with public access to adjacent parking stalls or to driveways or entrances of existing buildings or uses.

g. A food truck must locate the vending window to ensure pedestrian safety and may not make sales to anyone within a roadway.

h. Customers may not use the right-of-way or landscaped area for queueing.

i. A food truck may not operate in a congested area where such operation might impede or inconvenience the public use of such streets or public way. For the purpose of this item, the judgement of a police officer or license inspector, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.

j. A food truck must obey all state and local parking and traffic regulation.

k. No more than one food truck is allowed per private lot, unless the lot owner has a license for a food truck park, as noted below.

l. Written approval must be granted by the owner and tenant of any lot which a food truck wishes to park on prior to parking. In the case of a corporate entity, this letter must be accompanied by proof that signatory is an authorized agent. This letter must be kept in the food truck. This provision expressly applies to all Williston Park Recreational District property.

6. Mobile food truck general regulations.

a. A food truck must be parked at least 200 feet from entrance of a restaurant five feet from a driveway, ADA ramp, emergency call box, building entrance or utility box; and 15 feet from a fire hydrant.

b. A food truck may not be left unattended.

c. All power must be self-contained, or food truck must have written approval by property owner to hook up to power in a safe manner.

d. A food truck must be moved from operating location and parked in a storage area each night.

e. A food truck must provide portable lighting adequate to illuminate the vicinity of the mobile food truck.

f. A food truck may place chairs, tables, umbrellas, etc. on the private lot, as long as they do not impede parking and traffic. These must be removed at the end of the day.

g. A six square foot menu board may be placed on the sidewalk directly in front of the food truck. Said menu board may not impede required ADA spacing.

h. A food truck may only be parked in the following zones, subject to all regulations in this section: M-1: Light Industrial: C-2: General Commercial; C-3: Restricted Commercial; HCC: Highway Corridor Commercial; P: Parks and Open Space.

i. A food truck may only operate between the hours of 6:00 a.m. to 10:00 p.m., it is within 150 feet of a residentially zoned area, in which case a food truck may only operate between the hours of 7:00 a.m. and 10:00 p.m. In addition, a 30 minute allowance for set-up and tear-down is allowed. Before and after such times, a food truck may not be parked on the property from which it intends to sell food. The food truck must be returned to a storage area when it is not in operation.

7. Clearance regulations.

a. Furniture, canopies, fencing and/or other accessories used for the food truck shall be located so that a minimum clearance required by the Williston Building Code or the Americans with Disabilities Act, whichever is more restrictive, shall be provided at all times.

b. No outdoor patio area equipment, fencing or furniture may be placed in such a manner as to obstruct a building exit, nor may it be left up overnight.

8. Food truck park.

a. A property owner may apply for a Special Use Permit for a food truck park, otherwise known as a congregation area. Said property must meet the following:

(i) Fully developed and paved lot.

(ii) Parking to accommodate all customers, of both the permanent business and the food truck park. A determination on adequate parking may be made by the Planning Director and Chief of Police. A license may be revoked if congestion of surrounding parking areas or street right-of-ways becomes a concern.

(iii) In the absence of adequate on-site parking, public parking must be available nearby.

(iv) Intent to operate as a food court, with more than one vendor at all times.

b. No person may set up or operate a mobile food truck park without first obtaining a license and meet the requirements and conditions laid out in this Subsection.

c. Licenses are issued annually and are only valid for a twelve-month period. All licenses shall expire on December 31 of each year regardless of when a person obtains a license. License shall be set by fee resolution.

d. Any violations of this Subsection shall be subject to the removal of the mobile food truck park license for the remainder of the license issuance period, as follows:

(i) If a mobile food truck park is in violation of any provision of this Subsection, a ticket for $500 may be issued by the Williston Police Department during the violation.

(ii) Any person having information that the mobile food truck park license holder has violated any provisions of this Subsection may submit a complaint to the Planning Director setting forth such violation.

(iii) If any mobile food truck park receives three tickets, or receives three complaints from independent and separate business or property owners within a six-month period, the following shall apply:

(a) Upon receipt of such complaint, or confirmation that the mobile food truck park has received three tickets from the Williston Police Department, the matter shall be set for hearing in a reasonable period of time at the regular meeting of the Board of City Commissioners. A copy of the complaint and notice of the hearing will be mailed to the mobile food truck park license holder by registered or certified mail not less than 10 days before such hearing.

(b) Upon the Board of City Commissioners making a written finding that a violation of this Subsection occurred it shall immediately revoke the mobile food truck park license.

e. Food trucks operating within the park must follow all regulations laid out within this Subsection, with the exception of the following items:

(i) Food trucks may stay in place overnight. However, NDDOH requirements require that food trucks must change location every 14 days. Regardless, skirting is not allowed.

(ii) Furniture may stay out overnight.

(iii) Power may be provided by food truck park operator.

[1] Editor's Note: See City Code Chapter 20)

SECTION 25.R Landscaping.

[Amended 10-25-2022 by Ord. No. 1133]

The purpose of this subsection is to maintain the City of Williston's quality and character by enhancing its visual appearance through the use of landscaping. Benefits of landscaping include providing shade, air purification, reducing dust and storm water run-off, dampening noise, and buffering residential properties from the impacts of activities on adjacent land. These benefits coincide with the main goals of Williston's adopted comprehensive plan, which is to protect the health, safety and welfare of the community.

1. Commercial, Industrial, Institutional, Government, and Multifamily Landscaping.

a. Applicability. The landscaping requirements of this section shall apply within the City of Williston and within the extra-territorial jurisdiction of the City of Williston to any of the following:

(i) The construction of any new principal commercial, industrial, institutional, government or multi-family buildings, or an accessory building for any of the above uses.

(ii) Expansions of existing buildings mentioned in (i) above that occur 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.

(iii) The installation of any new parking area or the expansion of any existing parking area by six or more off-street parking spaces.

(iv) The installation of any new outdoor storage areas.

(v) A rezoning to a higher intensity use or approval of a special permitted use to a higher intensity.

(vi) Preliminary plat. A conceptual landscape plan shall be made a part of any development agreement associated with a preliminary plat.

(vii) Planned Unit Development (PUD). A conceptual landscape plan shall be made a part of any PUD master plan.

(viii) Modifications of existing lots shall be subject to the General Requirements identified subsection (i) "Minimum Landscape Area" and (vi) "Maintenance".

b. General Requirements.

(i) Minimum Landscaped Area. All ground areas, excluding areas required for off-street parking, access, public improvements, or any area within any public right of way, shall be landscaped with grass, vegetative ground cover, shrubs, trees or other landscape materials in conjunction with site development. Other landscape materials, including stepping stones and ponds, may also be allowed in areas for employee or customer enjoyment or near the building's main entrance, as an enhancement to property appearance and as a visually interesting open space.

(ii) Planting Requirements. For every 1,000 square feet of lot area on commercial properties and every 1,000 square feet of disturbed area on industrial properties, minimum planting requirements are 5 plant units. On industrial properties, all non-disturbed area shall be planted with grass, native grasses, or other vegetative ground cover, or may be landscaped with shrubs, trees, etc. Plant units are defined in Table 1 of this section:

TABLE 1: PLANT UNITS
TYPE OF MATERIAL	MINIMUM SIZE AT TIME OF PLANTING	MINIMUM HEIGHT AT MATURITY	UNIT EQUIVALENCY
Shade Trees	Caliper of 1 inch measured 4 1/2 feet above grade.	20 feet	10
Ornamental Trees	Caliper of 1 inch measured 4 1/2 feet above grade.	12 feet	5
Small Upright Evergreen Trees	Height 2 feet above grade or container size of 5 gallons	6 feet	5
Large Upright Evergreen Trees	Height 4 feet above grade.	20 feet	10
Shrubs	Height 2 feet above grade or container size of 2 gallons	3 feet	1

(iii) Plant Quality. Plants installed to satisfy the requirements of this section must meet or exceed the plant quality standards of the most recent edition of American Standards for Nursery Stock, published by the American Nursery & Landscape Association; be nursery grown; and be adapted to Climate Zone 3.

(iv) Plant Lists. Plants must be selected from lists maintained by the City of Williston. The City Forestry Department may, at their discretion, modify these plant lists.

(v) Installation. All trees and landscaping must be installed according to Arboricultural Specifications and Standards of Practice of the City of Williston.

(vi) Maintenance. Landscaping must be maintained as described in Section 25.R6 below. Maintenance of the landscaping is the responsibility of the property owner.

(vii) Existing Plants. Plants that exist on a site that will remain after site development may be used to satisfy the landscaping standards of this section provided that they meet all size, variety and locational requirements; are determined by the City Forester to be in good health; and are adequately protected to ensure survival during and after site development.

(viii) Soils. Soil in landscaped areas shall consist of loose, friable, loamy topsoil that is free of excess acid and alkali. Soil shall be free from chunks of sod, hard lumps, gravel, subsoil or other undesirable material, to a depth of 18 to 24 inches.

(ix) Visibility: Visibility Triangles shall be consistent with Section 25.A1 and associated Figure 2. Any required plantings which may intrude on the visibility triangle shall be subject to Section 6 of this ordinance.

(x) Overhead Utility Line Interference. Trees shall not be planted under utility lines when their mature height may interfere with the lowest lines. Any required plantings which may interfere with overhead utility lines shall be subject to Section 6 of this ordinance.

(xi) Underground Utility Interference. Trees shall not be planted over, or within seven horizontal feet of, any underground water or sewer line. Any required plantings which may interfere with underground utility lines shall be subject to Section 6 of this ordinance.

(xii) Fire Hydrants. No tree shall be planted within 10 feet of any fire hydrant. Any required plantings which may intrude on the protection area around any fire hydrant shall be subject to Section 6 of this ordinance.

(xiii) Diversity. A variety of tree and shrub species shall be utilized to provide year around visual interest. Except for continuous hedges and street trees, not more than 50% of the required number of trees or shrubs may be comprised of any one species.

(xiv) Installation Timeline: All required landscaping shall be completed prior to the issuance of a Certificate of Occupancy.

(a) The installation of landscaping shall be determined by a cut-off date established as October 15th.

(b) A project with a Conditional Certificate of Occupancy issued by the Building Official prior to October 15th shall install the required landscaping by October 15th.

(c) A project with a Conditional Certificate of Occupancy issued on or after October 15th shall install the required landscaping by May 31st of the following calendar year.

(d) Failure to install the required landscaping as required by this ordinance shall be deemed a violation of any validly issued Conditional Certificate of Occupancy.

(e) The Building Official shall have the right to revoke a certificate of occupancy and/or seek alternate enforcement measures as outlined in Section XII, "Violations" Section 5-321.

c. Landscape Plan Required. A landscape plan shall be required for all development subject to the provisions of this subsection. Landscape plans submitted for approval shall contain the following information:

(i) The square footage of the site and the square footage and percentage of the site designated as planting areas, exclusive of parking lot perimeter landscaping and buffer yards;

(ii) The common and scientific name of each plant to be used;

(iii) The number, height and caliper of trees to be used;

(iv) The pounds of lawn seed mix per square foot to be used;

(v) The number of ground cover plants per unit area to be used;

(vi) The locations where different plant types will be used;

(vii) The locations, size and type of existing trees to be preserved in their natural state;

(viii) Planting details;

(ix) Location of any retaining walls and fences;

(x) Location of any utility easements;

(xi) Location of any existing or proposed structures or parking areas;

(xii) North arrow and scale; and

(xiii) Drainage patterns.

2. Single-Family and Two-Family Residential Landscaping.

a. Applicability: The landscaping requirements of this section shall apply within the City of Williston and within the extra-territorial jurisdiction of the City of Williston to any of the following:

(i) The construction of any new single-family residence, including townhouses, twinhomes, and detached condominiums, or any two-family residence.

(ii) Preliminary plat. A conceptual landscape plan shall be made a part of any development agreement associated with a preliminary plat.

(iii) Planned Unit Development (PUD). A conceptual landscape plan shall be made a part of any PUD master plan.

(iv) Lots with existing landscaping shall be subject to the General Requirements identified subsection (i) "Minimum Landscape Area" and (vi) "Maintenance".

b. General Requirements:

(i) Minimum Landscaped Area. The area of all yards bounded by the front property line, side property lines, and the boundary of the required rear yard closest to the residence, excluding areas required for off-street parking, access, public improvements, or any area within any public right of way, shall be landscaped with grass, vegetative ground cover, or xeriscape landscaping (a style of landscape design requiring little or no irrigation or other maintenance) in conjunction with site development. If any required area is unable to be planted due to overhead utility lines, underground utility lines, site triangles, fire hydrants, or other condition as deemed appropriate by the City Planner, the regulations in Section 6 of this ordinance shall apply.

(ii) Planting Requirements. Live turf, vegetative ground cover, or xeriscape.

(iii) Plant Quality. Plants installed to satisfy the requirements of this section must be adapted to Climate Zone 3.

(iv) Installation. All trees and landscaping must be installed in a manner designed to encourage vigorous growth.

(v) Existing Plants. Plants that exist on a site that will remain after site development may be used to satisfy the landscaping standards of this section provided that they meet all size, variety and locational requirements, are determined by the City Forester to be in good health, and are adequately protected to ensure survival during and after site development.

(vi) Maintenance. Landscaping must be maintained as described in Section 25 (R)(6) below. Maintenance of the landscaping is the responsibility of the property owner.

(vii) Installation Timeline. All required landscaping shall be completed prior to the issuance of a Certificate of Occupancy.

(a) The installation of landscaping shall be determined by a cut-off date established as October 15th.

(b) A project with a Conditional Certificate of Occupancy issued by the Building Official prior to October 15th shall install the required landscaping by October 15th of that year.

(c) A project with a Conditional Certificate of Occupancy issued on or after October 15th shall install the required landscaping by May 31st of the following calendar year.

(d) Failure to install the required landscaping as required by this ordinance shall be deemed a violation of the Conditional Certificate of Occupancy.

(e) The Building Official shall have the right to revoke a certificate of occupancy and seek alternate enforcement measures as outlined in Section XII, "Violations" Section 5-321(a)(7).

3. Parking Lot Perimeter Screening.

a. Off-street parking areas in any zone shall be screened from adjacent street rights-of-way by landscaping in planting strips in accordance with Table 2 of this section. No screening shall be installed in any area of any public right of way. Street tree installations shall not be counted towards meeting the Parking Lot Perimeter Landscaping Screening requirements. If any required area is unable to be planted due to overhead utility lines, underground utility lines, site triangles, fire hydrants, or other condition as deemed appropriate by the City Planner, the regulations in Section 6 of this ordinance shall apply.

TABLE 2: PARKING LOT PERMITER SCREENING REQUIREMENTS
NUMBER OF SPACES IN PARKING LOT	MINIMUM REQUIRED PLANTER WIDTH	MINIMUM PLANTING REQUIREMENTS
1 to 50	4 feet	1 shrub every 3 feet plus turf, mulch, woodchips, or decorative rock
51 to 250	6 feet	1 ornamental tree plus six shrubs every 25 feet
251+	10 feet	1 shade tree plus 12 shrubs every 50 feet

4. Screening of Trash Containers and Outdoor Storage.

a. In commercial and industrial districts, all dumpster-style trash containers shall be placed within a trash enclosure constructed to the standard for such enclosures prescribed by the Williston Department of Public Works. All round-style trash containers shall be screened with shrubbery in such a manner as to allow the containers to be handled by trash trucks. The mature height of the shrubbery shall be the height of the trash containers.

b. No trash containers, trash container enclosures, or trash container screening shall be placed or installed within any public right of way.

c. Screening of outdoor equipment installations, pipe yards, and industrial and commercial storage areas which are visible from adjoining principal arterials, minor arterials, and subdivision perimeter collector streets shall be screened from view by evergreen trees, tall shrubs and ground cover which will provide a 100% sight-obscuring screen; OR a combination of 75% evergreen and 25% deciduous trees with large shrubs and ground cover backed by a 100% sight-obscuring fence OR a 100% sight obscuring fence made of Trex, commercial vinyl, or quality finished metal with designed pilasters, made to withstand up to 150 mile per hour winds. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of this section. Modifications to the required screening may be considered by the City Planner with the submittal of drawings depicting how the design will meet the intent of the ordinance.

d. No such screening shall be installed within any public right of way.

5. Street Trees.

a. Applicability.

(i) Street trees shall be installed on streets at the time of construction of any building on an existing property by the builder/contractor.

(ii) With regards to new subdivisions and Development Agreements, boulevard trees shall be installed on arterial streets and perimeter subdivision streets at the time of street construction or completion of the curb and gutter by the developer.

(iii) On any local or collector street within an Industrial zone, property owners may choose to pay in lieu of providing street trees, as per the Fee Schedule and Section 6 of this ordinance.

b. General Requirements.

(i) Street trees shall be installed in accordance with:

(a) Section 14(3) of the Williston Subdivision Regulations;

(b) Arboricultural Specifications and Standards of Practice of the City of Williston; and

(c) Authorized Boulevard Trees List.

(ii) Street trees shall be installed within the public right-of-way.

(iii) At least one street tree is required for every 35 linear feet of local street frontage and at least one street tree is required for every 50 linear feet of collector and arterial street frontage.

(iv) Organic mulch (woodchips) shall be installed to a minimum coverage thickness of two inches around street tree plantings within a radius of three feet of the trunk base for the first five years after the tree is planted.

(v) Trees at the time of Planting shall be one inch or larger in diameter, measured at a point located four and one-half feet above ground level.

(vi) A planting permit must be obtained from the City Forestry Department prior to planting any trees within the public right-of-way.

6. 

EXEMPTIONS: The following are exempt from the requirements of this ordinance:

a. Agricultural land uses as defined in Sections 8(C), 8(D)(2), 8(E)(3), (4), and (5);

b. Repair or remodeling of single-family or duplex dwelling units

c. Improvements or repairs to existing development other than those mentioned in #2 above, that do not:

(1) Increase the existing floor area by more than 1,000 square feet or 10% of the existing building footprint area, whichever is greater;

(2) Or two or more expansions of square footage on the site that do not, in total, exceed 1,000 square feet or 10% of the existing building footprint area, whichever is greater.

(3) Total 50% of the building's value in improvements done to the building

d. When pre-existing construction is built in such a way as to preclude any ability to provide landscaping on the property. The Planning and Zoning Department may make this determination. In such cases, a payment in lieu as per the fee schedule shall be required.

e. If an applicant demonstrates through written request and confirmed planning that strict adherence to these guidelines will cause an unreasonable hardship to occur to future development of the property, or if current development is so as to preclude installation, the City Planner and City Forestry Department may review and modify these requirements. In such cases, a payment in lieu as per the fee schedule shall be required.

f. If street trees cannot be installed in the right of way due to insufficient boulevard width or above/underground utilities, said trees must be placed within 10 feet of the public right of way, or, with approval of the City Planner and City Forestry Department, a payment in lieu as per the fee schedule shall be required.

g. On properties where above/underground utilities, visibility triangles, existing conditions on the property such as an amount of existing pavement or the property's status as infill development, or other conditions deemed appropriate (emergency vehicle entrances, etc.) make installing street trees or other required landscaping infeasible, a payment in lieu as per the fee schedule shall be required.

7. Removal of Landscaping:

a. If a property owner wishes to remove landscaping from a commercial property, a permit shall be required from the City Planner and City Forestry Department. If a property owner wishes to remove grass or trees from a residential boulevard, a permit shall be required from the City Engineer as noted in City Ordinance Section 20, Article II. Regardless of permitting, a property must maintain either the amount of landscaping required by this ordinance or, if property was developed prior to this ordinance and has less landscaping than would be required by this ordinance, the original amount of landscaping on the property. Any additions of landscaping inside the boulevard, or as part of the required landscaping on the property, shall be compliant with all regulations in this ordinance.

8. Payment in Lieu.

a. Any property owner requesting to pay in lieu of providing required landscaping as per Section 6 of this ordinance, must submit in writing an application to the City Planner, who will route the application to the City Forestry Department. Said application shall include reasoning for the payment in lieu request, as well as an estimation of the number of plants units to be paid for. Also included shall be a site plan of the property showing where required plantings would go, as well as any and all obstacles to placement.

b. Both City Forestry Department and City Planner will be required to approve the written application of a property owner.

c. The subsequent payment shall be made to the City of Williston and placed into a fund for use to place or replace boulevard trees throughout the City.

9. Enforcement:

a. Continuing Maintenance Obligation. All landscape plants must continue to be cared for and maintained in a healthy condition, free of diseases, pests, weeds and litter. This maintenance must include weeding, watering, fertilizing, pruning, mowing, edging, mulching and other maintenance as needed and in accordance with acceptable horticultural practices. Dead plants shall be removed and replaced. Plant replacements must occur in a timely manner and no later than the beginning of the next growing season. All trees shall be watered and maintained by owner or developer for a period of no less than three years in order to ensure establishment. All plants must be planted and maintained according to the City Forestry Department Tree Planting Standards.

b. Inspection and Monitoring. All areas required to be landscaped by this ordinance are subject to inspection and monitoring. Landscaped areas not in compliance with the requirements of this ordinance or not in compliance with the approved landscaping plan will be subject to enforcement actions pursuant to Section 26(D) of this zoning ordinance. These enforcement actions include the city hiring a contractor to do the required landscape work and backcharging the property owner for the cost of this work.

SECTION 25.S Buffer yards.

1. Applicability.

a. Buffer yards are required for all preliminary plats, administrative lot splits, sublots, planned unit developments (PUD's), and zone changes within the City of Williston and within the extra-territorial jurisdiction of the City of Williston.

b. Buffer yards are required for all new multi-family, commercial, and industrial development.

c. Buffer yards are required between abutting lots of different zones in accordance with Table 1 of this Subsection S.

d. For this Subsection S., lots are considered to abut pursuant to the definition of "abut" in Section 31 of the zoning ordinance. Lots are also considered to abut if they are separated by an alley or driveway of 20 feet in width or less.

2. Exemptions.

a. Developed lots with vertical construction existing at the time of approval of this Subsection S. are exempt from the requirements of this Subsection, until such time that such lots are rezoned.

b. For lots less than 10,000 square feet, the buffer yard need not exceed more than 10% of the total area of the site or more than 10% of the width of the site.

c. Individual single-family residences.

3. General requirements.

a. Lots required to install a buffer yard must install the yard at the time of development, on their property.

b. On undeveloped lots with different zoning designations, the more intensively zoned lot shall be required to install the required buffer when it develops.

c. Maintenance of the buffer yards is the responsibility of the property owner of the lot being developed.

d. Requirements for buffer yards separating mixed uses in a planned unit development may be modified by the Planning and Zoning Commission.

e. Buffer yards shall be used solely for landscaping. No proposed building, building addition, parking area, trash enclosure, or any other type of physical land improvement (other than landscape features, walls, fences, or pedestrian connections) may be located in a required buffer yard.

f. Buffer yards are not included in the lot coverage calculation.

g. In situations where a buffer yard may already exist but does not meet the current buffer yard requirements, the existing buffer yard may be used to satisfy a portion of the current buffer yard requirement with the approval of the Planning Director.

h. The width of an alley or driveway may be considered within the distance requirement of the buffer yard with the approval of the Planning Director.

i. The width of a watercourse or similar natural separation may be included within the distance requirement of the buffer yard with the approval of the Planning Director.

j. Each buffer yard shall contain one sign visible to the public indicating that the property owner is responsible for maintenance of the buffer yard and displaying the property owner's name and contact information. This sign must be between one and two square feet in area with dark, legible lettering upon a light background and containing no advertising.

k. Buffer yards shall not include any part of any public right-of-way, and no buffering wall, fence, or landscaping shall in be installed within any public right of way.

l. Enforcement. All areas required to be landscaped by this Subsection S. are subject to inspection and monitoring. This maintenance includes weeding, watering, fertilizing, pruning, mowing, edging, mulching, painting, and other maintenance as needed. Areas not in compliance with the requirements of this ordinance or not in compliance with the approved buffering and landscaping site plan will be subject to enforcement actions pursuant to Section 26 of this zoning ordinance. These actions include the City hiring a contractor to do the required landscape or painting work and backcharging the property owner for the cost of this work.

4. Site plan required. A site plan must be submitted to the Planning Department for review and approval as part of the development proposal. The site plan may be included as part of an overall development plan for the lot. The site plan must depict the following:

a. The entire lot to be developed and at least portions of all abutting lots.

b. All streets and alleys, whether public or private, adjacent to the lot.

c. Any natural barriers, such as watercourses or grade changes.

d. (Reserved)

e. (Reserved)

f. Zoning of the lot to be developed and all adjacent lots.

g. Location and dimensions of the buffer yard.

h. Profile drawing of any walls or fences included in the buffer yard.

i. Identification and location of any landscaping included in the buffer yard.

j. Identification of materials used in any fence or wall included in the buffer yard.

5. Applicability to non-conforming uses. Proposed modifications to a required buffer yard adjacent to any non-conforming use, based on zoning, may be considered by the Planning Director and the City Forester.

6. Irregularly-shaped lots. Consideration will be given for required buffer yards on irregular, narrow or shallow lots. Modifications to the required buffer yard may be considered by the Planning Director and the City Forester with the submittal of drawings depicting how the design will meet the intent of Subsection S.

7. Grade differential. Consideration will be given for required buffer yards that are significantly above or below the finished grade of the adjacent property. Modifications to the required buffer yard may be considered by the Planning Director and the City Forester with the submittal of drawings depicting how the design will meet the intent of the ordinance.

8. Determination of buffer requirement. The buffer requirements for development on individual lots will be determined by the Planning Director, in accordance with Table 1 of this Subsection S.

9. Site plan approval. Assessment of the amount of screening required will be based upon the treatment of height, bulk, and density at the edge of the proposed development. The following criteria should be considered in site design:

a. Open space setbacks. By providing an open space buffer between conflicting land uses, conflicts can often be avoided. The width of the buffer required will depend on the extent of other measures applied. To work effectively, the purpose, use and maintenance of the open space buffer must be clearly defined.

b. Orientation. The orientation of buildings and activities in the two land uses can be effective in creating more natural and less abrupt or artificial buffers. The buildings can create an effective buffer if constructed back to back, thus orienting views, access, and principal activities away from the other land use. However, a hazardous and unaesthetic "no man's land" must not be created in the process. Some appropriate use must be given to the intervening space. An entire site plan can be oriented so least compatible activities and functions are placed furthest from the common boundary between land uses, and those most compatible, near that boundary.

c. Architectural compatibility. In addition to the architectural considerations involved in mitigation through orientation, the materials, colors, scale and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one land use to another, rather than a sharp and displeasing contrast. The architectural compatibility should rise from a total consideration of the function of each land use and the function of the space between them.

d. Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts.

e. Nuisance factors. Loading and traffic areas, noise, dust, lighting, and such activities that may be disruptive to adjacent uses should result in a site plan and buffer that take those nuisances into consideration by locating away from less intense land uses and adding greater buffering to the site. A site plan needs to be provided indicating buffering that mitigates these nuisances.

Table 1: Buffer Yard Requirements

Buffered Zones	Description of Buffer
Between R-3/R-4/R-5/R-7 and R-1/R-2/R-6 and between any C and any A, R, or P	Buffering shall consist of 1 of the following:
	1. A 6-foot solid wood or vinyl fence or a masonry or concrete wall, of commercial grade that is high quality, decorative, and weather-proof. 10% of the total screening surface may be composed of (a) openings, each having a maximum area of 24 square inches, or (b) materials other than masonry or concrete which may contain openings having a maximum dimension of 9 inches in height or width; 2. A hedgerow of various evergreen shrubs which will normally grow to a height required to adequately buffer developments. All plants should have a minimum height at the time of planting of 1/2 the required screening height; 3. A 6-foot solid wood or vinyl fence or a masonry or concrete wall, as specified in alternative 1, and evergreen trees. Such trees should be a minimum of 2 inches in trunk diameter, at least 6 feet in height and planted 10 feet to 12 feet on center; 4. Landscaped earthen berms of a minimum height as needed to buffer developments. Side slopes of berms should have a minimum of 4 feet of horizontal distance for each 1 foot of height. Berms should contain necessary drainage provisions as required by the City; 5. Large deciduous or coniferous trees. Such trees should be a minimum of 2 inches in trunk diameter, 15 feet in height, and planted 15 feet to 20 feet on center; 6. Any combination of Alternatives 1, 2, 3, 4, 5, 6 so as to provide screening adequate to buffer developments.
Between R-5 and any other Zone	Exterior yard pursuant to the existing exterior yard requirements for R-5: Mobile Home Court Districts in Section 15.N.4.b(v)(b) (1) and (2) of this ordinance, plus a 4-foot to 6-foot high opaque fence of weatherproof material, with pilasters, must separate any driveway/access road and uncovered parking areas of R-5 from any abutting P, A, or R, lot.
Between M-1 or M-3 and any C	5-foot to 7-foot high opaque fence of weatherproof material, with pilasters; continuous line of shrubs; distance between fence and property line less than 6 feet or 5-foot to 7-foot high hurricane fence; continuous line of shrubs, distance between fence and property line 12 feet or greater.
Between M-2 and any C	6-foot to 8-foot high masonry wall; a line of trees spaced to break up the massive look of the wall; distance between wall and property line 10 feet or less OR 6-foot to 8-foot high hurricane fence; continuous line of evergreen trees; distance between fence and property line greater than 20 feet
Between any M and any R	Pursuant to existing buffer requirements for M1: Light Industrial; M-2: Heavy Industrial; and M-3: Industrial Park Districts in Sections 22.N, 23.N and 24.N of this ordinance.
NOTE 1: A "continuous line of shrubs" means shrubs spaced so that their crowns at mature height touch. Mature shrub height should not exceed 75% of the height of the buffering wall or fence.
NOTE 2: A "continuous line of trees" means trees spaced so that trees are separated by no more than the average crown diameter at maturity.
NOTE 3: A "continuous line of evergreen trees" means evergreen trees spaced so that the widest portions of the trees at maturity touch.
NOTE 4: The material in an "opaque fence of weatherproof material" must be approved by the Planning Director.

10. Enforcement.

a. Continuing maintenance obligation. All buffer yard elements must be maintained. Plants must be cared for and maintained in a healthy condition, free of diseases, pests, weeds and litter. This maintenance must include weeding, watering, fertilizing, pruning, mowing, edging, mulching and other maintenance as needed and in accordance with acceptable horticultural practices. Dead plants shall be removed and replaced. Plant replacements must occur in a timely manner and no later than the beginning of the next growing season. Structural elements must be maintained as structurally sound and aesthetically appropriate.

b. Inspection and monitoring. All buffer yards by this ordinance are subject to inspection and monitoring. Buffer yards not in compliance with the requirements of this ordinance will be subject to enforcement actions pursuant to Section 26 of this zoning ordinance. These enforcement actions include the City hiring a contractor to do the required buffer yard work and backcharging the property owner for the cost of this work.

SECTION 25.T Beverage kiosks.

1. Definition.

a. Beverage Kiosk: Kiosk selling beverages and associated items as noted below, which is an accessory use on a previously developed lot with a primary use, which meets all requirements as noted below.

2. Violations. It shall be unlawful for any person, corporation, partnership, or similar entity, to operate a beverage kiosk within any lands within the City of Williston and/or the extraterritorial jurisdiction without obtaining a beverage kiosk permit and otherwise complying with the provisions provided herein.

3. Requirements.

a. 

Bond.

1. A $10,000 site bond must be secured and maintained on the property.

b. 

Structure.

1. Structures shall not exceed 200 square feet in size. All structures must be located on improved asphalt or concrete surface, be anchored to resist accidental movement and be placed upon secured footings as per Building Department requirements. No structure shall have an axle. Enclosed trailers must remove the axle, be secured to resist accidental movement, with all related supports cosmetically covered with an approved skirting material.

c. 

Access and parking.

1. Drive-thru facilities need room for a minimum of two vehicles to stack behind a vehicle at the window. Walk up window service requires two parking spaces per window. One parking spaces is required for each employee.

2. All access, stacking space, and associated parking must be paved with concrete or hot mix asphalt.

d. 

Placement.

1. Structures shall be placed in a manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required emergency access. Nor shall such structures be placed in manner that eliminates or interferes with the use of required parking spaces, driveways, or accesses.

e. 

Building permit.

1. Building permit and site plan review required through the Building Department.

f. 

Standards of operation.

1. Skirting. Units are required to be skirted and winterized.

2. Waste handling. Sites must be kept clean of trash and litter. Wastewater, including all liquid wastes, gray water and mop water must be discharged into an Upper Missouri District Health Unit or North Dakota Department of Health approved on-site sewage disposal or holding system, or other Upper Missouri District Health Unit or North Dakota Department of Health approved disposal site. Dumping or disposal of waste at other than approved specific sites shall result in fines or removal of the facility.

3. Fire suppression. All vending facilities must include an appropriate fire suppression mechanism. Fire extinguishers and/or other suppression system components must be checked and certified annually by a license service provider. All vending facilities permitted under this Subsection shall be subject to inspection at any time during hours of vending facility operation by the City Fire Department and other City Departments charged with enforcement or administration of this Subsection.

4. Condition and maintenance. The kiosk must at all times maintain an orderly appearance and be free of debris. All exterior surfaces shall be maintained in a clean and sound condition in both material and finish and free of nonpermanent attachments.

Vendors shall maintain their facility by allowing only articles necessary for operation and maintenance of the facility to be stored there and shall prohibit use of any portion of the facility as living or sleeping quarters.

Any new kiosks permitted after January 23, 2018, must conform to the style or decor of the principal building.

5. Beverages permitted to be sold: coffee, tea, other non-alcoholic beverages.

6. Food permitted to be sold: individually pre-packaged items.

7. Items prohibited from being sold: tobacco products, alcoholic beverages, any food item that requires on-site preparation, any non-food or non-beverage item.

g. 

Utilities.

1. All facilities shall be self-contained and will not be permitted to connect to any municipal utilities. Electric generators are not permitted other than for emergency backup power. Any electric service must meet state requirements. All facilities must provide a plan detailing utilities, disposal of sewage, wastewater, gray or black water, and a plan for employee restroom breaks. This plan must be received and approved by the City Building Department before the permit is issued.

h. 

State health code compliance.

1. All facilities must adhere to the current North Dakota Requirements for Food and Beverage Establishments in the preparation and service of the beverages.

i. 

Zoning.

1. Coffee beverage kiosks described in Subsection T.1 above shall be permitted in C-1: Neighborhood Commercial, C-2 (General Commercial), C-3 (Restricted Commercial), and M-1 (Light Industrial) zones only.

j. 

Yearly Inspection.

1. Each permitted kiosk shall undergo a yearly inspection by the Building Department to ensure all items above are in compliance.

4. License and renewal fees.

a. 

Use permit fees.

1. The following fees are established for each type of operation: Beverage Kiosk: $1,000 per year.

5. Exceptions. Nothing in this Subsection shall be construed so as to be retroactive to any existing beverage kiosks as of the effective date of this Subsection.

6. Penalty. The City of Williston reserves the right to revoke or terminate any permit for beverage kiosks at any time by giving 30 days' written notice of such revocation or termination, except that the City may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. This Subsection shall become effective upon final passage and approval. Any violation of this Subsection shall result in a civil penalty of $1,000 per week.

7. Effective date. This Subsection shall be in full force and effect upon its final passage and approval.[1]

[1] Editor's Note: Ord. No. 958 adopted 10-9-2012, Ord. No. 1073 adopted 1-23-2018.

SECTION 25.U Mobile businesses.

1. Definitions.

a. Mobile business or mobile commercial business. A mobile motorized or non-motorized vehicle or trailer, not being operated as an accessory component to an existing permanent business establishment, whose business operation is conducted outside of a permanent building and entirely within the mobile unit, for the sales of merchandise or other professional services for public service only. Mobile business or mobile commercial business does not include mobile food vendors.

b. Service, private. The transaction of goods or other professional services rendered or made available to private clients, through previously arranged service transactions and not made available for the general public.

c. Service, professional. A business operation which provides services related to a specific occupational trade, which requires state certification or licensing.

d. Service, public. The transaction of goods or other professional services rendered or made available to the general public.

2. Purpose. The intent of this Subsection U. is to preserve and improve the quality of life within the City of Williston by providing permanent infrastructure developments as prescribed in the City's Comprehensive Plan. Furthermore this Subsection seeks to prohibit those mobile businesses that do not have a permanent site and physical address to base their business operation out of and who intend to operate beyond the parameters of the allowable uses, home occupations, or temporary uses as identified in the City of Williston's Zoning Code.

3. Violations.

a. It shall be unlawful for any person, firm, corporation, partnership, or similar entity to operate a mobile commercial business/mobile business within the City limits and the extra-territorial jurisdiction.

b. Any person, firm, corporation, partnership, or similar entity who disobeys, neglects, omits, tries willfully to circumvent the intent of this Subsection, refuses to comply with this Subsection, or resists enforcement of any of its provisions shall be guilty of a Class B Misdemeanor.

c. Class B Misdemeanors shall consist of a fine not exceeding $1,500 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each day in violation shall constitute a separate offense.

4. Exemptions.

a. Mobile businesses operating under the provisions of an approved Temporary Use Permit.

b. Mobile businesses operations participating in events organized and managed by a fair association, convention bureau, or other political subdivision approved by the City of Williston in which mobile businesses are invited such as but not limited to the Chokecherry Festival, Band Day, Holiday Lights, and Clean City.

c. Mobile business operations recognized by the City to have been operating and in existence at the time of the City's adoption of Ordinance Nos. 974 and 990, an ordinance establishing a temporary moratorium prohibiting the use of future mobile commercial businesses, which was approved by the City Commission on September 24, 2013 and up until the adoption of this Ordinance No. 982, shall be exempt from Ordinance No. 982 until January 1, 2016, at which time the exemption described herein shall sunset.

(i) After January 1, 2016, all mobile commercial businesses, whether previously exempt in accordance with Subsection U.4.c shall be brought into compliance by January 1, 2016.

(ii) Any mobile commercial business not in compliance with Ordinance No. 982 by January 1, 2016 shall be deemed to have violated Ordinance No. 982 and subject to enforcement described in Subsection U.3 Violations.

5. Effective date. The effective date of this Subsection U. is September 24, 2014.

SECTION 25.V Fabric structures.

In M-1: Light Industrial and M-2: Heavy Industrial, fabric structures (industrial tent structures) may be utilized for inert industrial storage. If a property is located along the Highway 1804 or Highway 2/85 corridor, such fabric structures must be located at least 300 feet from the right-of-way. Such structures to be utilized as permanent storage must meet all building and fire codes for permanent buildings. The fabric must be maintained in good condition. Such structures regardless of use are not permitted in any other zone.

SECTION 25.W Wireless communication facilities.

1. Purpose.

a. To protect the community's visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the City's goal to minimize the visual impact of wireless communication facilities on the community, particularly in and near residential zones;

b. To promote and protect the public health, safety and welfare, preserve the aesthetic character of the Williston community, and to reasonably regulate the development and operation of wireless communication facilities within the City to the extent permitted under State and federal law;

c. To minimize the impact of wireless communication facilities by establishing standards for siting design and screening;

d. To preserve the opportunity for continued and growing service from the wireless industry;

e. To accommodate the growing need and demand for wireless communication services;

f. To establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of wireless transmission equipment, to provide advanced communication services to the City, its residents, businesses and community at large;

g. To ensure City zoning regulations are applied consistently with federal and State telecommunications laws, rules, regulations and controlling court decisions;

h. To provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (1) prohibit or effectively prohibit the provision of personal wireless services, (2) unreasonably discriminate among functionally equivalent service providers, or (3) regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission; and

i. To create an administrative review committee to review all applicable applications.

2. Definitions. As used in this ordinance, the following terms shall have the meanings set forth below:

a. Administrative review committee. A committee consisting of the City Administrator, City Engineer, City Director of Planning and Zoning, City Public Works Director, City Auditor, City Attorney, two members of the Planning and Zoning Commission, two members of the City Commission and any other representatives of the City which the City Commission deems appropriate to review all administrative permits.

b. Alternative tower structure. Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

c. Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that send or receive electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signal. "Antenna" also means one or more rods, panels, discs or similar devices used for wireless communication, which may include, but is not limited to, omni-directional antenna (whip), directional antenna (panel), and parabolic antenna (dish).

d. Antenna array. A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

e. Applicant. Any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an application.

f. Backhaul network. The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

g. Base station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this ordinance or any equipment associated with a tower.

(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small cell networks).

(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this Section 25.W, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under North Dakota or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(iv) The term does not include any structure that, at the time the relevant application is filed with the state or the City under this section, does not support or house equipment described in this section.

h. Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

i. Distributed antenna systems or DAS. A network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.

j. Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(i) Collocation of new transmission equipment;

(ii) Removal of transmission equipment; or

(iii) Replacement of transmission equipment.

k. Eligible support structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City under this section.

l. Existing. A tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

m. FAA: The Federal Aviation Administration.

n. FCC: The Federal Communications Commission.

o. Macrocell. An antenna or antennas mounted on a tower, ground-based mast, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain.

p. Preexisting towers and preexisting antennas. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

q. Site. In relation to a tower that is not in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. In relation to support structures other than towers, site means an area in proximity to the structure and to other transmission equipment already deployed on the ground.

r. Small cells. Compact wireless antennas and equipment containing their own transceiver equipment and function like cells in a mobile network but provide a smaller coverage area than traditional macrocells.

s. Stealth design. Technology that minimizes the visual impact of wireless communication facilities by camouflaging, disguising, screening or blending into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees, flagpoles, bell towers, everyday items such as light poles, and architecturally screened roof-mounted antennas. All stealth designs should be substantially similar to the design of the surrounding area.

t. Substantial change. A modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;

(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(iv) It entails any excavation or deployment outside the current site;

(v) It would defeat the concealment elements of the eligible support structure; or

(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs t(i) through (iv) above.

u. Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

v. Tower height: The vertical distance measured from the base of the tower structure at grade to the highest point of the structure including the antenna.

w. Transmission equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

x. Utility support structure. Utility poles or utility towers supporting electrical, telephone, cable or other similar facilities; street light standards; pedestrian light standards; traffic light structures; traffic sign structures; or water towers.

y. Wireless communication facilities or WCF. A staffed or unstaffed facility or location for the transmission and/or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more antennas or group of antennas, a tower or attachment support structure, transmission cables and other transmission equipment, and an equipment enclosure or cabinets.

z. Wireless support structure. A structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including but not limited to water towers, buildings, and other structures, whether within or outside the public right-of-way. Wireless support structure does not include a tower or existing base station.

3. Applicability.

a. New Towers, Antennas, DAS, and Small Cells. All new towers, antennas, DAS, and small cells in the City shall be subject to these regulations, except as otherwise provided herein.

b. Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, except as otherwise provided herein.

c. AM or FM Array. For purposes of implementing this ordinance, an AM or FM array, consisting of one or more tower units and supporting ground system which functions as one AM or FM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM or FM array. Additional tower units may be added within the perimeter of the AM array or FM by right.

d. Exempt facilities. The following are exempt from this Section 25.W:

(i) FCC licensed amateur (ham) radio facilities;

(ii) Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter in diameter;

(iii) A government-owned WCF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the City; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this section for up to one month after the duration of the state of emergency;

(iv) A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the City. The WCF shall be exempt from the provisions of this section for up to one week before and after the duration of the special event.

4. Distributed Antenna Systems and Small Cells.

a. Distributed Antenna Systems (DAS) and small cells are allowed in all zones provided the applicant complies with all federal laws (such as the Americans with Disabilities Act) and state laws and requirements, and provided the applicant complies with this section.

b. DAS and small cells in all zones are subject to approval via administrative review by the Administrative Review Committee if either of the following conditions are met:

(i) Proposed DAS or small cell is to be placed on an existing or replacement structure in the right-of-way or on an existing structure or replacement on private property. A replacement structure shall not be considered to be a new structure, as long as the structure is in the same location and of the same design as the existing structure that is being replaced.

(ii) Proposed DAS or small cell is in the right-of-way on a new tower or structure in a spot where there was no previous structure and which incorporates stealth design.

c. DAS and small cells in all zones are subject to approval via the special use permit if the conditions above are not met, or the following conditions are met:

(i) Proposed DAS or small cell is to be placed on a new tower on private property;

(ii) Proposed DAS or small cell incorporates a new pole in the right-of-way without stealth design.

d. Multiple Site DAS and Small Cells.

(i) A single permit may be used for multiple distributed antennas and small cells that are part of a larger overall DAS network.

(ii) A single permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area.

5. General Requirements for DAS/Small Cell and Macrocell Towers, Including Those with Administrative Approval.

a. Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

b. Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and the other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

c. Inventory of existing sites. Upon request, any new applicant for an antenna and/or tower shall provide to the City Planner an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The City Planner may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however that the City Planner is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

d. Aesthetics. Towers and antennas shall meet the following requirements:

(i) Macrocell towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness to the extent possible to the reasonable satisfaction of the Administrative Review Committee.

(ii) Small cells and DAS shall maintain a finish that is substantially similar to the pole or surrounding poles and which contributes to the stealth design of such poles.

(iii) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(iv) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(v) Landscaping should be provided in a similar fashion to Subsection W.8.

e. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

f. State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Section 25.W shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

g. Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable industry standards for towers. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

h. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries.

i. Notice. For purposes of this Section 25.W, any special use request, variance request, or appeal of a special use shall require notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection W.8., Table 2, in addition to any notice otherwise required by the zoning ordinance.

j. Signs. No signs shall be allowed on an antenna or tower, unless required under generally applicable health, safety and welfare regulations.

k. Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this Section.

l. Multiple antenna/tower plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

m. Visual impact. All WCF shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the WCF. Such WCFs and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Such WCFs shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the built environment, through matching and complimentary existing structures and specific design considerations such as architectural designs, height, scale, color and texture or be consistent with other uses and improvements permitted in the relevant zone.

n. Use of stealth design/technology. The applicant shall make an affirmative showing as to why it is not employing stealth technology. More specifically: Stealth design is required in residential, commercial, and corridor zones, and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth design that relies on screening wireless communication facilities in order to reduce visual impact must screen all substantial portions of the facility from view as needed as determined by the administrative review committee. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind that are not native to the State.

o. Building-mounted WCFs.

(i) In residential, commercial, and corridor zones, all transmission equipment shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure or conform to the underlying use and shall use materials in similar quality, finish, color and texture as the existing underlying structure.

(ii) In residential zones, all roof-mounted transmission equipment shall be set back from all roof edges to the maximum extent feasible consistent with the need for "line-of-sight" transmission and reception of signals.

(iii) In all other zones, antenna arrays and supporting transmission equipment shall be installed so as to camouflage, disguise or conceal them to make them closely compatible with and blend into the setting and/or host structure.

p. WCFs in the public rights-of-way.

(i) Preferred locations. Facilities shall be located as far from residential uses as feasible, and on main corridors and arterials to the extent feasible. See Subsection W.6.b for preferred tower locations.

(ii) Pole-mounted or tower-mounted equipment. All pole-mounted or tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible. All tower-mounted transmission equipment shall be painted with flat, non-reflective colors that blend with the visual environment to the extent possible to the reasonable satisfaction of the committee.

(iii) For all WCFs to be located within the right-of-way, prior to submitting for a permit, the applicant must have a valid franchise or right-of-way agreement.

q. Accessory uses.

(i) Accessory uses shall be limited to such structures and equipment that are necessary for transmission functions, and shall not include broadcast studios, offices, vehicles or equipment storage, or other uses not essential to the transmission function.

(ii) All accessory buildings shall be constructed of building materials equal to or better than those of the primary building on the site and shall be subject to site plan approval.

(iii) No equipment shall be stored or parked on the site of the tower, unless used in direct support of the antennas or the tower or antennas are being repaired.

(iv) All equipment buildings shall be submitted as part of a WCF permit application and shall include a dimensioned site plan. Such buildings must follow all applicable codes, including obtainment of a building permit if required.

r. Accessory equipment. In residential and commercial zones, all accessory equipment located at the base of a WCF shall be located or placed (at the applicant's choice) in an existing building, underground, or in an equipment shelter that is (a) designed to blend in with existing surroundings, using architecturally compatible construction and colors; and (b) located so as to be unobtrusive as possible consistent with the proper functioning of the WCF. All accessory equipment shall be submitted as part of a WCF permit application and shall include a dimensioned site plan.

s. Site design flexibility. Individual WCF sites vary in the location of adjacent buildings, existing trees, topography and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the WCF and supporting equipment may be installed so as to best camouflage, disguise them, or conceal them, to make the WCF more closely compatible with and blend into the setting and/or host structure, upon approval by the City.

t. Structural assessment. The owner of a proposed tower shall have a structural assessment of the tower conducted by a professional engineer, licensed in the State of North Dakota, which shall be submitted with the application for a permit.

6. Tower sharing, collocation and preferred tower locations.

a. Tower sharing and collocation. New WCF facilities must, to the maximum extent feasible, collocate on existing towers or other structures of a similar height to avoid construction of new towers, unless precluded by zoning constraints such as height, structural limitations, inability to obtain authorization by the owner of an alternative location, or where an alternative location will not meet the service coverage objectives of the applicant. Applications for a new tower must address all existing towers or structures of a similar height within 1/2 mile of the proposed site as follows: (a) by providing evidence that a request was made to locate on the existing tower or other structure, with no success; or (b) by showing that locating on the existing tower or other structure is infeasible.

b. 

Preferred DAS/small cell tower locations. All proposed new small cell and DAS towers are permitted only after application of the following siting priorities, ordered from most-preferred (1) least-preferred (8):

(1) On an existing structure in a commercial or industrial zone;

(2) On City-owned or operated property and facilities not in the downtown or residential zones and not including right-of-way and right-of-way facilities;

(3) In an alley;

(4) On an existing structure in a public right-of-way in a commercial or industrial zone;

(5) On the property or structure of an education facility, regardless of zoning;

(6) On a new stealth designed structure in a public right-of-way in a commercial or industrial zone;

(7) On an existing building in a residential zone;

(8) On an new stealth designed structure in a public right-of-way in a residential zone;

For small cell and DAS, the applicant must address the City's preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. If reasonably requested, the applicant for a tower shall address these preferences in an alternative sites analysis.

c. Gap in coverage or capacity. If reasonably requested by the City, the applicant shall demonstrate the following with a new tower application:

(i) A significant gap in the coverage, capacity, or technologies of the service network exists such that users are regularly unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;

(ii) The gap can only be filled through an exception to one or more of the standards in this Section 25.W; and

(iii) The exception is narrowly tailored to fill the service gap such that the wireless communication facility conforms to this chapter's standards to the greatest extent possible.

d. Residential zones. For a new tower proposed to be located in a residential zone or within 200 feet of a residential zone, unless the proposal qualifies as a preferred location on City-owned or operated property or facilities, the applicant must also demonstrate that the manner in which it proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive on the values that this Section 25.W seeks to protect.

e. DAS/small cell alternative sites analysis.

(i) For small cell and DAS, the applicant must address the City's preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. If reasonably requested by the City, the City's tower location preferences must be addressed in a clear and complete written alternative site analysis that shows at least two higher ranked, alternative sites considered that are in the geographic range of the service coverage objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate.

(ii) A complete alternative sites analysis provided under this subsection may include less than two alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least two potentially available higher ranked, alternative sites.

(iii) Required description of coverage objectives. For purposes of disqualifying potential collocations and/or alternative sites for the failure to meet the applicant's service coverage objectives the applicant will provide (a) a description of its objective, whether it be to close a gap or address a deficiency in coverage, capacity, frequency and/or technology; (b) detailed technical maps or other exhibits with clear and concise RF data to illustrate that the objective is not met using the alternative (whether it be collocation or a more preferred location); and (c) a description of why the alternative (collocation or a more preferred location) does not meet the objective.

f. DAS and small cells. The City encourages but it does not require the use of DAS and small cells.

g. Radio frequency emissions compliance report. A written report will be prepared, signed and sealed by a North Dakota-licensed professional engineer or a competent employee of the applicant, which assesses whether the proposed WCF demonstrates compliance with the exposure limits established by the FCC.

h. Collocation consent. A written statement will be signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.

7. Permitted uses.

a. General. The uses listed in this Subsection W.7 are deemed to be permitted uses and shall require administrative approval by the Administrative Review Committee.

b. Permitted uses. The following uses are specifically permitted:

(i) Antennas or towers located on fee simple property owned, leased, or otherwise controlled by the City, not including rights-of-way, provided a license or lease authorizing such antenna or tower has been approved by the City, are subject to approval via administrative review by the Administrative Review Committee.

(a) Said uses must comply with stealth, screening and landscaping requirements contained within this Section 25.W.

(ii) DAS and small cells in all zones are subject to approval via administrative review by the Administrative Review Committee if either of the following conditions are met:

(a) Proposed DAS of small cell is to be placed on an existing or replacement structure in the right-of-way or on an existing structure or replacement on private property. A replacement structure shall not be considered to be a new structure, as long as the replacement structure is in the same location and of the same design as the existing structure that is being replaced.

(b) Proposed DAS or small cell is in the right-of-way on a new tower or structure in a spot where there was no previous structure and which incorporates stealth design.

8. Special use permit requirements for small cell, DAS, and macrocell towers.

a. General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning and Zoning Commission:

(i) If the tower or antenna is not a permitted use under Subsection W.7 of this Section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all areas that allow such construction or placement as a special permitted use.

(ii) DAS and small cells in all zones are subject to approval via the special use permit if the conditions above are not met, or the following conditions are met:

(a) Proposed DAS or small cell is to be placed on a new tower on private property.

(b) Proposed DAS or small cell incorporates a new pole in the right-of-way without stealth design.

(iii) Applications for special use permits under this Subsection W. shall be subject to the procedures and requirements of Section 27 of the zoning ordinance, except as modified in this Subsection W.8.

(iv) In granting a special use permit, the Planning and Zoning Commission may impose conditions to the extent the Planning and Zoning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower or facilities on adjoining properties.

(v) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer in North Dakota.

(vi) An applicant for a special use permit shall submit the information described in this Subsection and a non-refundable fee as established by resolution of the City Commission to reimburse the City for the costs of reviewing the application.

b. Documentation. Applications submitted under this Subsection for towers and other WCF transmission equipment shall include the following materials:

(i) Requirements for FCC documentation. The applicant shall provide a copy of the applicant's FCC license or registration.

(ii) Visual analysis. A color visual analysis that includes to-scale visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view.

(iii) Design justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this Subsection to the maximum extent feasible. A complete design justification must identify all applicable design standards under this Subsection and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

(iv) Noise study. A noise study, if requested by the City, for the proposed WCF and all associated equipment.

(v) Other published materials. All other information or materials that the City may reasonably require, from time to time, make publicly available and designate as part of the application requirements.

(vi) Information required. In addition to any information required for applications for special use permits pursuant to Section 27 of the zoning ordinance, applicants for a special use permit for a tower shall also submit the following information:

(a) A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection W.8, adjacent roadways, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, utility runs and other information deemed by the City Planner to be necessary to assess compliance with this Section.

(b) Legal description of the parent tract and leased parcel (if applicable).

(c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(d) Upon request, new applicants should provide the separation distance from other towers which shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s).

(e) For macrocell towers, a landscape plan showing specific landscape materials.

(f) For macrocell towers, method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(g) A description of compliance with all applicable federal, state and local laws.

(h) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(i) A clear and complete written statement of purpose which shall minimally include: (1) a description of the technical objective to be achieved; (2) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and (3) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a North Dakota- licensed professional engineer or a qualified employee of the applicant. The qualified employee of the applicant shall submit his or her qualifications with the application.

c. Factors considered in granting special use permits for macrocell towers. In addition to any standards for consideration of special use permit applications pursuant to Section 27 of the zoning ordinance the Planning and Zoning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning and Zoning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning and Zoning Commission concludes that the goals of this Section are better served thereby:

(i) Height of the proposed tower. Towers exceeding a height of 75 feet shall be able to accommodate collocation of one additional provider at roughly equal or better capacity and position as the applicant's antennas. Additional height to accommodate additional collocation may be approved if the applicant submits information certifying the tower has capacity for at least two additional providers, at least one of which shall provide roughly equal or better capacity and position as the applicant's antennas for a like user. The applicant shall provide a letter indicating their good faith intent to encourage collocation on the tower. A lightning rod, not to exceed 10 feet in height, shall not be included within the height limitations;

(ii) Proximity of the tower to residential structures and residential district boundaries;

(iii) Nature of uses on adjacent and nearby properties;

(iv) Surrounding topography;

(v) Surrounding tree coverage and foliage;

(vi) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(vii) Proposed ingress and egress; and

(viii) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this Section.

d. Availability of suitable existing macrocell, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(i) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(iii) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(v) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(vi) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(vii) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a small cell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Cost of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

e. Macrocell setbacks. The following setback requirement shall apply to all towers for which a special use permit is required; provided, however, that the Planning and Zoning Commission may reduce the standard setback requirement if the goals of this Section would be better served thereby:

(i) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

f. Macrocell separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning and Zoning Commission may reduce the standard separation requirements if the goals of this Section 25.W would be better served thereby.

(i) Separation from off-site uses/designated areas.

(a) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(b) Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1:
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex residential units1	200 feet or 300% height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 300% height of tower2 whichever is greater
Vacant unplatted residentially zoned lands3	100 feet or 100% height of tower whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100% height of tower whichever is greater
Non-residentially zoned lands or non-residential uses	None; only setbacks apply

¹Includes modular homes and mobile homes used for living purposes.

²Separation measured from base of tower to closest building setback line.

³Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

(ii) Separation distances between towers.

(a) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2: Existing Towers - Types
	Lattice	Guyed	Monopole 75 Feet in Height or Greater	Monopole Less Than 75 Feet in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 Feet in Height or Greater	1,500	1,500	1,500	750
Monopole Less than 75 Feet in height	750	750	750	750

g. Macrocell security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may waive such requirements, as it deems appropriate.

h. Macrocell landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this ordinance would be better served thereby.

(i) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.

(ii) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(iii) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

9. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove and reclaim the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense, including all costs and attorneys' fees. Irrespective of any agreement between them to the contrary, the owner of such unused facility and the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

10. Independent technical review. Although the City intends for City staff to review administrative matters to the extent feasible, the City may retain the services of independent experts of its choice to provide technical and legal evaluation of permit applications for WCFs, including administrative and special use permits. The experts' review may include, but is not limited to (a) the accuracy and completeness of the items submitted with the application; (b) the applicability of analysis and techniques and methodologies proposed by the applicant; (c) the validity of conclusions reached by the applicant; and (d) whether the proposed WCF complies with the applicable approval criteria set forth in this Section. The applicant shall pay the cost for any independent consultant fees so long as the fees are reasonable and were incurred completing work within the parameters set forth above, through a deposit, estimated by the City, paid within 10 days of the City's request. When the City requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received. In the event that such costs and fees do not exceed the deposit amount, the City shall refund any unused portion within 30 days after the final permit is released or, if no final permit is released, within 30 days after the City receives a written request from the applicant.

11. Nonconforming uses. Section 6 of the zoning ordinance shall apply to nonconformities.

12. Final inspection.

a. A written statement of completion will only be granted upon satisfactory evidence that the WCF was installed in substantial compliance with the approved plans and photo simulations.

b. Failure to comply. If it is found that the WCF installation does not substantially comply with the approved plans and photo simulations, the applicant shall make any and all such changes required to bring the WCF installation into compliance promptly and in any event prior to putting the WCF in operation.

13. Compliance.

a. All wireless communication facilities must comply with all standards and regulations of the FCC and any other State or federal government agency with the authority to regulate wireless communication facilities.

b. The site and wireless communication facilities, including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans.

c. All graffiti on wireless communications facilities must be removed at the sole expense of the permittee after notification by the City to the owner/operator of the WCF.

d. If any FCC, State or other governmental license or any other governmental approval to provide communication services is ever revoked as to any site permitted or authorized by the City, the permittee must inform the City of the revocation within 30 days of receiving notice of such revocation.

14. Indemnification. Each permit issued shall have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the City and its officers, agents, employees, volunteers, and contractors from any and all liability, damages, or charges (including attorneys' fees and expenses) arising out of claims, suits, demands, or causes of action as a result of, granting permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF.

15. Eligible facilities request applications.

a. Purpose. This Subsection W.15 implements Section 6409(a) of the Spectrum Act, as interpreted by the FCC in its Report and Order No. 14153, which requires a state or local government to approve any Eligible Facilities Request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. Eligible Facilities Requests shall be governed solely by the provisions in this Subsection W.15 and federal law.

b. Application review.

(i) Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is an Eligible Facilities Request. The City may not require an applicant to submit any other documentation intended to illustrate the need for any such wireless facilities or to justify the business decision to modify such wireless facilities.

(ii) Review. Upon receipt of a complete application for an Eligible Facilities Request pursuant to this Subsection, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

(iii) Timeframe for review. Within 60 days of the date on which an applicant submits a complete application seeking approval of an Eligible Facilities Request under this Subsection W.15, the City shall review and act upon the application, subject to the tolling provisions below.

(iv) Tolling of the timeframe for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

(a) To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

(b) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

(c) Following a supplemental submission, the City shall notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(v) Failure to act. In the event the City fails to approve or deny a complete application under this Subsection within the timeframe for review (accounting for any tolling), the request shall be deemed granted provided the applicant notifies the City in writing after the review period has expired.

16. Collocation applications.

a. Purpose. This Subsection W.16 implements, in part, 47 U.S.C. 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14153.

b. Application review.

(i) Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is a collocation request.

(ii) Review. Upon receipt of a complete application for a collocation request pursuant to this Subsection, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

(iii) Timeframe for review-excluding small cells. Within 90 days of the date on which an applicant submits a complete application seeking approval of a collocation request under this Subsection, the City shall review and act upon the application, subject to the tolling provisions below.

(iv) Timeframe for review-small cells. Within 60 days of the date on which an applicant submits a complete application seeking approval of a collocation request under this Subsection, the City shall review and act upon the application, subject to the tolling provisions below.

(v) Tolling of the timeframe for review. The ninety-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete.

(a) 

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

(1) For small cells, the review timeframe is reset, not just tolled, if the applicant is notified within 10 days after submission that the application is incomplete.

(b) The timeframe for review begins running again, or in the case of small cells, the timeframe for review resets, when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

(c) Following a supplemental submission, the City shall notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(vi) Failure to act. In the event the City fails to approve or deny a complete application under this Subsection within the timeframe for review (accounting for any tolling), the applicant shall be entitled to pursue all remedies under applicable law.

17. New site or tower applications.

a. Purpose. This Subsection W.17 implements, in part, 47 U.S.C. 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14153.

b. Application review.

(i) Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is a request for a new site or tower.

(ii) Review. Upon receipt of a complete application for a request for a new site or tower pursuant to this Subsection, the City shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

(iii) Timeframe for review-excluding small cells. Within 150 days of the date on which an applicant submits a complete application seeking approval of a request for a new site or tower under this Subsection, the City shall review and act upon the application, subject to the tolling provisions below.

(iv) Timeframe for review-small cells. Within 90 days of the date on which an applicant submits a complete application seeking approval of a request for a new structure under this Subsection, the City shall review and act upon the application subject to the tolling provisions below.

(v) Tolling of the timeframe for review. The 150-day review period begins to run when the application is filed, and may be tolled only by mutual agreement between the City and the applicant, or in cases where the City determines that the application is incomplete.

(a) 

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

(1) For small cells, the review timeframe is reset, not just tolled, if the applicant is notified within 10 days after submission that the application is incomplete.

(b) The timeframe for review begins running again or in the case of small cells the timeframe for review resets, when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

(c) Following a supplemental submission, the City shall notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this Subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(vi) Failure to act. In the event the City fails to approve or deny a complete application under this Subsection within the timeframe for review (accounting for any tolling), the applicant shall be entitled to pursue all remedies under applicable law.

18. Application fees. In connection with the filing of an application, the applicant shall pay a fee as determined by the fee schedule set by Resolution 17-030.

19. Administrative review committee.

An Administrative Review Committee is hereby authorized to carry out its responsibilities under this Section. The Administrative Review Committee shall review all applications described under Subsection W.4.b. As part of said review, notice shall be sent to all property owners within 300 feet if inside City Limits, and within 1,000 feet if inside the City's Extra Territorial Jurisdiction, of the proposed location. Said property owners will have 14 days from the time of the notice to reply with any comments. The applicant shall have an additional 14 days to respond to any comments from the public to the Administrative Review Committee. The Administrative Review Committee shall make a determination in keeping with the timelines noted in Subsections W.15 through W.17 and based on all applicable Subsections of this Section 25.W.

20. Laws, rules and regulations. This Section 25.W shall be subject to all applicable laws, rules and regulations.

21. Severability. The various parts, sentences, paragraphs, sections and clauses of this Section 25.W are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Section shall not be affected thereby.

22. Conflicts. Any ordinances or parts thereof in conflict with the provisions of this Section are hereby repealed to the extent of such conflict.

23. Effective date. This Section shall take effect June 13, 2017.

SECTION 26 Administration and enforcement.

[Ord. No. 613, Ord. No. 629, Ord. No. 716, Ord. No. 839, Ord. No. 850, Ord. No. 864, Ord. No. 959, Ord. No. 1007, Ord. No. 1018]

A. Administrative official. The Building Official is designated by the City Commission to enforce this ordinance. The City Planner is designated by the City Commission to administer this ordinance. They may be provided with the assistance of such other persons as the City Commission may direct.

If the Building Official shall find that any of the provisions of this ordinance are being violated, the Building Official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Building Official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provision.

B. Extension of code to extraterritorial jurisdiction. All Building and Fire Codes, Ordinances, and Regulations, provisions or chapters and any and all amendments thereto; Ordinance No. 574, also known as the Subdivision Regulations of the City of Williston and any and all amendments thereto which has been incorporated as Appendix C to the Williston Code of Ordinances;

Ordinance No. 972, also known as the Stormwater Ordinance, and any and all amendments thereto; and Resolution #13-127 and any and all amendments or modifications thereto, are hereby made applicable to all construction and development within the extraterritorial jurisdiction of the City of Williston for the purpose of promoting health, safety and welfare and to ensure proper and adequate planning and development is completed to coincide with the goals of the City within the extraterritorial jurisdiction of the City, which shall specifically include, but not be limited to, the following Ordinances:

1. Chapter 5 Art. I-XVI of the Williston Code of Ordinances, and any and all amendments thereto;

2. Chapter 8 Art. I-III of the Williston Code of Ordinances, and any and all amendments thereto;

3. Ordinance No. 574, also known as the Subdivision Regulations of the City of Williston and any and all amendments thereto; and

4. Ordinance No, 972, also known as the Stormwater Ordinance, and any and all amendments thereto; and

5. Resolution #13-127, also known as Policy for Workforce Housing Facilities, and any and all amendments or modifications thereto.

C. (Reserved)

D. Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit, issued by the Building Official. Except as exempted below, no building or structure regulated by this ordinance or the State Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this ordinance unless the Building Official has received a written order from the Board of Adjustments in the form of an administrative review, special permitted use, or variance as provided by this ordinance. (See generally Section 27 and 28). In accordance to the State Building Code, a building permit shall not required for the following:

1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet.

2. Fences not over seven feet high.

3. Movable cases, counters, and partitions not over five feet nine inches high.

4. Retaining walls which are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, and III-A liquids.

5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.

6. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.

7. Painting, papering, and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Window awnings supported by an exterior wall of Group R, Division 3, and Group M occupancies when projecting not more than 54 inches.

10. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be a violation of this ordinance, and punishable as provided by Section 26.E hereof.

E. Certificate of occupancy. It shall be unlawful to use, occupy, or permit the use or occupancy of any building, land, water, or combination, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure, until a Certificate of Occupancy shall have been issued by the Building Official stating that the proposed use of the building or land conforms to the requirements of this ordinance.

The Building Official shall maintain a record of all Certificates of Occupancy, and a copy shall be furnished upon request to any person.

Failure to obtain a Certificate of Occupancy shall be a violation of this ordinance and punishable under Section 26.E of this ordinance.

F. Penalties for violations. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a verbal or written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with the Building Official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.

If any building or structure is erected, reconstructed, repaired, altered, enlarged, converted, maintained, or moved; or if any building, structure, or land is used in violation of this ordinance, the Building Official shall order in writing, the correction of such violation.

The Building Official, City Attorney, or other official designated by the City Commission may institute appropriate action or proceedings for the purpose of:

1. Prosecuting any violation.

2. Restraining, correcting, or abating such violation.

3. Preventing the occupancy of any building, structure, or land in violation of this ordinance.

4. Preventing any illegal act, conduct, business, or use in or about any buildings, structure or land in violation of this ordinance.

Any person, firm, or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine or penalty not to exceed $1,500 or by imprisonment not to exceed 30 days, or both such fine and imprisonment. The Court shall have the power to suspend said sentence and to revoke suspension thereof. Each day any violation shall exist shall constitute a separate offense.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

G. Schedule of fees. The City Commission shall establish a schedule of fees, pertaining to this ordinance. The schedule of fees shall be posted in the office of the Building Official, and may be altered or amended only by the City Commission.

Until all applicable fees have been paid in full, no action shall be taken on any application.

SECTION 27 Special permitted uses.

[Ord. No. 613, Ord. No. 716, Ord. No. 820, Ord. No. 838]

Certain uses, while generally not suitable in a particular zoning district, may under certain circumstances, be acceptable. When such circumstances exist, a Special Use Permit may be granted. Special permitted uses shall be reviewed by the Planning and Zoning Commission for its suitability in the area in which it is proposed. Once granted, and any conditions met, special permitted uses shall be considered as permitted use and shall not be subject to periodic review or cancellation, unless otherwise specified in the order. The permit shall be granted for a particular use and not for a particular person or firm. Special permitted uses shall expire on their own if the property ceases to be used for the special permitted use for a continuous three-year period.

The Planning and Zoning Commission shall hear and decide all special permitted uses specifically authorized by the terms of this ordinance, decide such questions as are involved in determining whether special permitted uses should be granted, and grant special permitted uses with such conditions and safeguards as are appropriate under this ordinance, or deny special permitted uses when not in harmony with the purpose and intent of this ordinance. A special permitted use shall not be granted by the Planning and Zoning Commission unless and until:

A. A written application for a special permitted use is submitted indicating the section of this ordinance under which the special permitted use is sought and stating the grounds on which it is requested.

B. A recommendation regarding the special permitted use is received prior to the Planning and Zoning Commission meeting from the appropriate township board if the special permitted use is located in the extraterritorial area.

C. Any party may appear before the Planning and Zoning Commission in person, by agent, or attorney to provide testimony regarding the special permitted use application.

D. The Planning and Zoning Commission, following the meeting at which the special permitted use was considered, shall make written findings certifying compliance with the specific rules governing individual special permitted uses, that the special permitted use will not adversely affect the public interest, and that satisfactory provision and arrangement has been made concerning the following, where applicable:

1. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

2. Off-street parking and loading areas where required, with particular attention to the items in "1" above and the economic, noise, glare, or odor effects of the special permitted use on adjoining properties and properties generally in the district.

3. Refuse and service areas, with particular reference to the items in Subsections D.1 and D.2 above.

4. Utilities, with reference to locations, availability, and compatibility.

5. Screening and buffering with reference to type, dimensions, and character.

6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

7. Required yards and other open space.

8. General compatibility with adjacent properties and other property in the district.

9. Use shall not impose a hazard to health or property.

In the event of the failure of the Planning and Zoning Commission to grant or deny the special permitted use within 90 days after receipt of the written application for the special permitted use or upon appeal of the decision of the Planning and Zoning Commission by any party, the Board of Adjustments shall decide the special permitted use. If the decision of the Board of Adjustments should differ from the findings of the Planning and Zoning Commission, the Board shall prepare a written report stating the findings on which their decisions were made.

SECTION 28 Board of adjustments/appeals.

[Ord. No. 613, Ord. No. 840, Ord. No. 850]

A. Establishment. The City Commission may establish a Board of Adjustments which shall consist of five members to be appointed by the City Commission, each for a term of three years. Members of the Board of Adjustments may be removed from office by the City Commission for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Commission for the unexpired term of the member affected. The City Commission shall sit as the Board of Adjustments if the City Commission does not establish a Board of Adjustments.

It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Building Official concerning enforcement issues and to the City Planner for administration issues, and that such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Building Official or City Planner and after review and written findings are first made by the Planning and Zoning Commission, and that recourse from the decisions of the Board of Adjustments shall be to the courts as provided by law and particularly by Chapter 40-47, North Dakota Century Code.

It is further the intent of this ordinance, that if the City Commission appoints a separate Board of Adjustments, the duties of the City Commission in connection with this ordinance shall not include hearings and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. If a separate Board of Adjustments is appointed, the City Commission shall have only the duties of:

1. Considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law.

2. Establishing a schedule of fees and charges as stated in Section 26.G.

B. Powers and duties. The Board of Adjustments shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustments shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.

The Board of Adjustments shall have the following powers and duties:

1. Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Building Official or City Planner or the Planning and Zoning Commission in the administration or enforcement of this ordinance.

2. Variances. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship.

a. A variance from the terms of this ordinance shall not be granted by the Board of Adjustments unless and until a written application for a variance is submitted demonstrating:

(i) The special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

(ii) That literal interpretation of the provision of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

(iii) That the special conditions and circumstances do not result from the actions of the applicant.

(iv) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

b. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. The procedure by which a variance shall be considered is as follows:

(i) Notice of Public Hearing shall be given by the Planning and Zoning Commission. Notice of said Public Hearing shall be published once a week for two successive weeks prior to the time set for said hearing in the official paper of the City of Williston.

(ii) The Public Hearing shall be held by the Planning and Zoning Commission. Any part may appear in person, or by agent, or by attorney.

(iii) The Planning and Zoning Commission shall make written findings that the requirements of Section 28.B.2 have been met by the applicant for a variance.

(iv) The Planning and Zoning Commission shall further make a written finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(v) The Planning and Zoning Commission shall further make written findings that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(vi) Upon receipt of the written findings of the Planning and Zoning Commission, or in the event of the failure of the Planning and Zoning Commission to so report within 90 days after receipt of the written application for the variance, the Board of Adjustments shall hold a hearing to decide the variance. Any party may appear at the hearing in person, by agent, or by attorney. If the decision of the Board should differ from the findings of the Planning and Zoning Commission, the Board of Adjustments shall prepare a written report stating the findings on which their decision was made.

c. In granting any variance, the Board of Adjustments may prescribe the appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 26.F of this ordinance. Under no circumstances shall the Board of Adjustments grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implications prohibited by the terms of this ordinance in said district.

3. Board of adjustments having powers of the planning and zoning commission on appeals. In exercising the above-mentioned powers, the Board of Adjustments may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Planning and Zoning Commission from whom the appeal is taken.

The concurring vote of 4 members of the Board of Adjustments shall be necessary to reverse any order, requirements, decision, or determination of the Planning and Zoning Commission, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to affect any variation in the application of this ordinance.

C. Remedies.

1. Hearings, appeal, and notices. Appeals to the Board of Adjustments concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the Governing Body of the City affected by any decision of the Building Official or City Planner or Planning and Zoning Commission. Such appeals shall first be reviewed by the City of Williston Planning and Zoning Commission unless they made the decision being appealed. The City Planner shall present to the Planning and Zoning Commission all papers constituting the record upon which the appealed action was taken. Written findings on the appeal shall be forwarded to the Board of Adjustments within a reasonable time, not to exceed 30 days after the receipt of the appeal. The City Planner shall forthwith transmit to the Board of Adjustments the final report of the Planning and Zoning Commission and all other papers constituting the record upon which the appealed action was taken. The Board shall fix a reasonable time for the hearing of appeals, give public notice thereof, as well as due notice to the parties in interest and decide the same in reasonable time. At the hearing, any party may appear in person, or by agent or attorney.

2. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the City Planner certifies to the Board of Adjustments, within 10 days after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the Planner's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustments or by a court of record on application, on notice to the City Planner or Planning and Zoning Commission from whom the appeal is taken and on due cause shown. Upon satisfactory proof that delay caused by the appeal will result in financial loss to any person, the Board of Adjustments shall fix a bond or cash deposit in an amount to be determined by the Board of Adjustments but no less than the amount shown by the party harmed by the delay. This provision shall not apply to the City, its department heads, employees, or representatives. Should appellant not prevail, the bond or cash deposit may be used to offset financial losses caused by the appeal as directed by the Board of Adjustments.

3. Appeals from the Board of adjustments. Any person or persons, or any board, taxpayer, department, board or bureau of the City who has a legal interest which is immediately, directly and adversely affected by any decision of the Board of Adjustment may seek review by the court of record of such decision, in the manner provided by the laws of the State of North Dakota and particularly by Chapter 40-47, North Dakota Century Code.

4. An appeal must be filed with the City Auditor within 15 days of the date the order or decision being appealed is served upon an aggrieved party. If no service is made, the aggrieved party shall have 30 days from the date such order or decision is signed to file a written notice of appeal. The Auditor shall deliver the appeal notice to the chairman of the Planning and Zoning Commission and a copy of such appeal to the City Planner.

5. Notice of appeal shall describe the order being appealed; the basis of such appeal; the name, address and telephone number of the appealing party; and the right or interest which has been adversely affected.

SECTION 29 Amendments.

[Ord. No. 613]

The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed. A proposed amendment may be initiated by the City Commission upon its own motion, or upon receipt of a request from the Planning and Zoning Commission, or upon receipt of a petition from any interested person or persons or their agent.

A. Public hearings. The City Commission shall require a report from the Planning and Zoning Commission on any proposed amendment before taking final action thereon. The Planning and Zoning Commission shall thereupon make a preliminary report and hold a Public Hearing thereon. Notice of said Public Hearing shall be published once a week for two successive weeks prior to the time set for said hearing in the official paper of the City of Williston. Such notice shall contain the following items:

1. The time and place of the hearing.

2. A description of any property involved in any zoning change, by address if streets have been platted or designated in the area affected.

3. A description of the nature, scope, and purpose of the proposed change, restriction, or boundary.

4. A statement of the times at which it will be available to the public for inspection and copying at the office of the City Auditor. Any party may appear at the public hearing in person, or by agent or attorney.

The Planning and Zoning Commission shall prepare final written findings which shall be submitted to the City Commission within 90 days after the time of referral of the proposed amendment to the Planning and Zoning Commission. If the zoning amendment is for an area located in the extraterritorial area of the City, the final written findings shall include a recommendation from the appropriate township board.

B. Governing body. Upon receipt of the required final written findings from the Planning and Zoning Commission on any amendment, or in the event of the failure of the Planning and Zoning Commission to so report after 90 days after the time of referral of the proposed amendment to the Planning and Zoning Commission, the City Commission shall hold a public hearing with same public notice as required above by the Planning and Zoning Commission.

C. Protests. Any party may appear at the Planning and Zoning Commission Public Hearing or the City Commission Public Hearing in person or by agent or attorney. If a protest against a change, supplement, modification, amendment, or repeal is signed by the owners of 20% or more:

1. Of the area of the lots included in such proposed change; or

2. Of the area adjacent, extending 150 feet from the area to be changed, excluding the width of streets.

The amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Commission.

SECTION 30 Legal status provisions.

[Ord. No. 613]

A. Conflict with other laws. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, morals, comfort, convenience, and general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.

B. Separability. Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

C. Repeal of conflicting ordinances. This ordinance, upon its effective date, shall supersede Ordinance No. 352, entitled "Zoning Ordinance of the City of Williston" and all amendments thereto, which shall thereupon be repealed.

D. Effective date. This ordinance shall be in full force and effective from and after its passage and approval.

SECTION 31 Definitions.

[Ord. No. 613, Ord. No. 639, Ord. No. 662, Ord. No. 703, Ord. No. 716, Ord. No. 728, Ord. No. 749, Ord. No. 809, Ord. No. 811, Ord. No. 864, Ord. No. 867, Ord. No. 884, Ord. No. 887, Ord. No. 912, Ord. No. 922, Ord. No. 936, Ord. No. 959, Ord. No. 960, Ord. No. 962, Ord. No. 963, Ord. No. 964, Ord. No. 968, Ord. No. 985-B, Ord. No. 1000, Ord. No. 1009, Ord. No. 1032, Ord. No. 1092]

The following words, terms, and phrases are hereby defined and shall be interpreted in the same fashion throughout this ordinance. The word "including" shall mean including but not limited to. The word "shall" is always mandatory. The word "may" is permissive. Words used in the present tense shall include the future tense and words used in the singular shall include the plural. Terms not herein defined shall have the meaning customarily assigned to them, first by the definition found in the State Building Code and thereafter as found in Webster's Dictionary.

ABUT

To physically touch or border upon; to share a common property line.

ACCESS

A way or means of approach to provide physical entrance to property.

ACCESSORY BUILDING AND USES

A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

ADULT BOOKSTORE

See Section 25.N Adult Entertainment.

ADULT CINEMA

See Section 25.N Adult Entertainment.

ADULT ENTERTAINMENT

See Section 25.N Adult Entertainment.

AGRICULTURE

The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man.

AIRPORT

A place where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair and various accommodations for passengers.

ALLEY

A way which affords only a secondary means of access to abutting property.

ALTERATION

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions; any change in doors, windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.

AMUSEMENT PARK

An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.

AMUSEMENT PLACES

Establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls, studios, theatrical producers; bands, orchestras, and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, and coin-operated devices; membership sports and recreation clubs; swimming pools; expositions and game parlors.

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

ANIMAL UNIT

Each animal unit shall consist of the number of animals of each kind as listed below, plus its young:

One mature beef or dairy animal.

One horse.

One and one-half feeder cattle.

Two swine.

ANNEXATION

The incorporation of land area into the City with a resulting change in the boundaries of the City.

ANTENNA

See Section 25.W. Wireless Communication Facilities.

APARTMENT

A room or suite of rooms in a multiple dwelling used or designed for occupancy by a single family.

APPROVED SURFACE

Durable, dust-free, non-tracking surface approved by the Building Official.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.

AUTOMOBILE SALES

The use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.

AUTOMOBILE SERVICE STATIONS

Any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

BASEMENT

Any floor level below the first story in a building.

BED AND BREAKFAST INN

An owner-occupied house, or portion thereof, where short-term lodging rooms with or without meals, are provided for compensation. The operator of the inn shall live on the premises or in adjacent premises. The unit shall contain no more than seven guest rooms for lodging.

BEVERAGE KIOSK

See Section 25.T Beverage Kiosks.

BLOCK

That property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier to or gap in the continuity of development along such street.

BOARDING HOUSE

See Lodging House.

BUFFER ZONE

Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.

BUILDING

A structure having a roof supported by columns or walls.

BUILDING ACCESSORY

A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

BUILDING AREA

That portion of the lot that can be occupied by the principal use, excluding the front and side yards.

BUILDING LINE

That edge of a building nearest a lot line.

BUILDING OFFICIAL (INSPECTOR)

The Building Official of Williston, North Dakota.

BUILDING PERMIT

Written permission issued by the Building Official for the construction, repair, alteration, or addition to a structure.

BUILDING, HEIGHT OF

The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

CARWASH

Any building or premises or portions thereof used for washing automobiles.

CERTIFICATE OF OCCUPANCY

A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

CHILD CARE CENTER

A child care facility where supplemental care is regularly provided to 19 or more children which is subject to requirements as set forth in Chapter 50-11.1 of the North Dakota Century Code.

CHILD CARE FACILITY (PUBLIC OR PRIVATE)

Any facility where supplemental parental care is regularly provided, whether the facility is known as a day care home, day care center, day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known by any other name.

CLINIC

An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, or social workers and where patients are not usually lodged overnight.

COMMERCIAL FEED LOT

Any building, structure, enclosure, or premises used, designed, or intended for the commercial feeding of two or more animals which is operated as a separate pursuit and not incidental to farming.

COMMERCIAL RECREATION USE

A commercialized recreational or entertainment use including but not limited to the following: bowling alley, miniature golf, skating rink, tennis club, handball or racquetball club, health club, pool hall, and arcade.

CONDOMINIUM

An estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure on such real property.

COURT

An open unoccupied space on the same lot with a building and bound on two or more sides by such building, or the open space provided for access to a dwelling group.

DECK, ENCLOSED

A patio or platform with a watertight cover. Enclosed decks may have the capability of being screened at a later date. Enclosed decks shall be considered in maximum lot coverage. Enclosed decks shall not be habitable for year around use.

DECK, OPEN

A patio or platform with or without railings, more than 12 inches above grade and not over any basement or story below which is not being obstructed from the platform upward, therefore, being open to the sky. Open decks shall not be considered as part of the maximum lot coverage, if the floor is so constructed as to allow the percolation of water.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.

DISPLAY SURFACE

The area made available by the sign structure for the purpose of displaying the advertising message.

DISTRICT

A section or sections of the City of Williston for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

DORMITORY

A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institutional use.

DOUBLE FRONTAGE LOTS

These lots which extend continuously between two parallel (or approximately parallel) streets bounding a block. A block containing double frontage lots is composed of one rather than two tiers of lots.

DRIVEWAY

A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

DRIVING AISLE

In a parking lot that portion of a lot which allows ingress and egress of vehicles from a public or private right-of-way to the parking stall.

DWELLING

Any building or portion thereof which is designed and used exclusively for residential purposes.

DWELLING UNIT

Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation.

DWELLING, DUPLEX

A dwelling comprised of two single-family dwelling units, separated horizontally or vertically, within a single building on a single lot.

DWELLING, GROUP QUARTERS

A dwelling such as dormitories, fraternities, sororities, and the like which house unrelated individuals.

DWELLING, MULTIPLE-FAMILY

A single building designed for and occupied by more than two families.

DWELLING, SINGLE-FAMILY DETACHED

A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means and meets the following requirements:

1. Is designed to be located on a permanent continuous frost-protected perimeter foundation that meets applicable local City building code requirements, such that the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of surrounding dwelling units;

2. If dwelling is site-built or built off site and moved to the building site it shall be constructed in accordance with the provisions of all state and local building codes;

3. If dwelling is factory built off site and moved to the building site and defined as a Modular or Prefabricated Living Unit, it shall be constructed in accordance with all state and local building codes governing construction.

4. If dwelling unit is fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the HUD Federal Manufactured Housing Construction and Safety Standards Act of 1974 (24 CFR 3280), the HUD approved housing unit must have the hitch, axles and wheels removed; the roof shall be double-pitched and covered with material that is residential in appearance, including, but not limited to: wood, asphalt shingles or fiberglass; the exterior siding cannot have a high-gloss finish and must be covered with an exterior material customarily used on conventional dwellings, including but not limited to vinyl or metal siding, wood or similar material; units located within the R-1 and R-2 Districts shall have no less than a twenty-foot width; units located within the R-3 District shall have no less than an eighteen-foot width; units shall be no more than 15 years old at the time of placement.

5. All single-family dwellings shall be considered and taxed as real property pursuant to 57-02-04 NDCC.

DWELLING, TOWNHOUSE

A one-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, each dwelling is located on a separate lot, and each unit is separated from any other unit by one or more common fire resistant walls.

DWELLING, TWINHOME

A dwelling comprising two single-family dwelling units on individual, fee-ownership lots, joined vertically by a party wall at the common property line, with each unit having its own front and rear entrances, front and rear yards, and a side yard on one side of the lot, and with attached garages facing a public street.

DWELLING, TWO-FAMILY

A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot. This also includes a building containing two single-family dwelling units located on the same lot. A two-family dwelling must comply with the following requirements:

1. Is designed to be located on a permanent continuous frost-protected perimeter foundation that meets applicable local City building code requirements, such that the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of surrounding dwelling units;

2. If dwelling is site-built or built off site and moved to the building site it shall be constructed in accordance with the provisions of all state and local building codes;

3. If dwelling is factory built off site and moved to the building site and defined as a Modular or Prefabricated Living Unit, it shall be constructed in accordance with all state and local building codes governing construction.

4. If dwelling unit is fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the HUD Federal Manufactured Housing Construction and Safety Standards Act of 1974 (24 CFR 3280), the HUD approved housing unit must have the hitch, axles and wheels removed; the roof shall be double-pitched and covered with material that is residential in appearance, including, but not limited to: wood, asphalt shingles or fiberglass; the exterior siding cannot have a high-gloss finish and must be covered with an exterior material customarily used on conventional dwellings, including but not limited to: vinyl or metal siding, wood or similar material; units located within the R-1 and R-2 Districts shall have no less than a twenty-foot width; units located within the R-3 District shall have no less than an eighteen-foot width; units shall be no less than 10 years old at the time of placement.

5. All two-family dwellings shall be considered and taxed as real property pursuant to 57-02-04 NDCC.

EATING AND DRINKING ESTABLISHMENTS

Establishments selling food and drink prepared on the premises for take out or consumption on the premises.

EGRESS

An exit.

ENLARGEMENT

An increase in the size of an existing structure.

EXISTING USE

The use of a lot or structure at the time of enactment of this ordinance.

FACADE

The exterior wall of a building exposed to public view or the wall viewed by persons not within the building.

FAMILY

One or more persons occupying a dwelling unit as members of a single housekeeping organization. A family may include not more than four persons not related by blood, marriage, or adoption.

FAMILY CHILD CARE HOME

A private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school age children

[Amended 1-25-2022 by Ord. No. 1129]

FARM

A parcel of land used for agricultural purposes.

FARM RESIDENCE

A residential dwelling located on and directly associated with a farm.

FARMERS MARKET

An indoor or outdoor event for merchants or vendors who sell local agricultural products or crafts directly from the farmer to the consumer.

FLEA MARKET OR SWAP MEET

An indoor or outdoor event for a group of merchants or vendors organized and managed by the owner of the property or flea market association, who conducts the display, trade, and sale of used products or merchandise.

FLOOD HAZARD BOUNDARY MAP

Deleted.

FLOOD INSURANCE RATE MAP (FIRM)

The official map issued by the Federal Emergency Management Agency (FEMA) where areas of special flood hazard are designated as Zone A.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of waters, and/or

2. The unusual and rapid accumulation or runoff of surface water from any source.

FLOOR AREA

The total number of square feet of floor space within the exterior walls of a building, not including space in basements, carports, or garages.

FRONTAGE

All property on one side of a street between the intersecting streets (crossing or terminating) measured along the property line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

GAMES OF CHANCE

Those gaming operations as defined under 53-06.1-07 of the North Dakota Century Code which include bingo, raffles, pull tabs, jars, punchboards, 21, and sports pools for professional sports only.

GARAGE, PRIVATE

An accessory building or portion of main building on the same lot and used for the storage only of private passenger motor vehicles, not more than two of which are owned by others than the occupants of the main building.

GARAGE, PUBLIC

A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles.

GARAGE, REPAIR

A building for space for the repair or maintenance of motor vehicles. Garage repair does not include factory assembly of motor vehicles, auto wrecking establishments, or junkyards.

GREENHOUSE

See Section 25.O. Temporary Uses and Structures.

GROUP CHILD CARE HOME (FACILITY)

A child care facility where supplemental care is regularly provided for eight to eighteen children, which is subject to requirements as set forth in Chapter 50-11.1 of the North Dakota Century Code.

GUEST ROOM

A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.

HARD SURFACE

To consist of concrete asphalt.

HOME OCCUPATIONS

An occupation or activity carried on in the principal building or accessory building of a residential zoned property, which meets all the following conditions:

1. The occupation is carried on by a member or members of the immediate family residing on the premises, and up to one additional person who is not a member of the immediate family.

2. The occupation is incidental to the use of the premises. The main activity of the dwelling place remains a dwelling and such home occupation does not alter the character or appearance of the existing residence.

3. Not more than one non-illuminated nameplate is used. The nameplate shall be attached flush against the building and shall not exceed four square feet in area.

4. The occupation does not occupy more than 25% of the floor area of the principal or accessory building. The occupation may be conducted within the garage provided the operation does not interfere with the minimum off-street parking requirements.

5. No outdoor storage or display of products is allowed to be located from the exterior of the building indicating that the premises is being used in part for any purpose other than a dwelling.

6. Occupation or trade vehicles used in conjunction with a home occupation shall be restricted to two vehicles per residence. The parking of such vehicle shall not interfere with the minimum off-street parking requirements for the property. Heavy commercial vehicles are prohibited.

7. No mechanical equipment is used except of a type that is normally used for purely domestic or household purposes.

8. The operation of the occupation does not emit loud noise, foul odors, or bright lights in a manner which disturbs or interferes with the peace and comfort of a nearby residence.

9. No alteration of the principal building changes the character thereof as a dwelling.

10. The following are hereby declared to be customary home occupations as intended by this ordinance:

a. Office for the emergency consultation and treatment including the general practice of a doctor, chiropractor, dentist, lawyer, clergyman, and other recognized professions.

b. Other state licensed personal services such as, but not limited to masseuses, beauticians, estheticians, etc.

c. Dressmaking, sewing, millinery, and similar occupations; artist, sculptor, and similar occupations.

d. The giving of voice, piano, or other musical instrument lessons.

e. Hobbies such as growing of tropical fishes, collection of articles, and loading of shot shells, provided that all safety requirements have been met.

11. Mobile commercial businesses/mobile businesses are not a permitted home occupation unless conducting private service only.

12. The determination as to whether or not a particular profession or occupation is similar to those enumerated here in and is permissible as a home occupation shall be made by the Planning and Zoning Commission, after notification by the individual requesting such determination to all property owners located within 300 feet of the property where the home occupation will be conducted. Evidence of such notification shall be presented to the Planning and Zoning Commission prior to consideration of the request for determination of home occupation.

13. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

HOTEL OR MOTEL

A building used as a transient abiding place for persons who are lodged for compensation.

IMPERVIOUS SURFACE

A material which reduces and prevents absorption of storm water into the ground.

IMPROVEMENT

Any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.

INGRESS

Access or entry.

INSTITUTIONS

A building occupied by a nonprofit corporation or nonprofit establishment for public use.

JUNK YARD

An area of more than 200 square feet, or any area not more than 50 feet from any street, used for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials or goods, used for dismantling, demolition, or abandonment of automobiles or other vehicles or machinery, or parts thereof.

KENNEL

An establishment in which more than two dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold. The keeping and selling of one litter or offspring per year of a family pet shall not be deemed to be a kennel.

LAND USE

A description of how land is occupied or utilized.

LOADING SPACE

An off-street space or berth used for the loading or unloading of commercial vehicles.

LODGE

A building or portion thereof or premises owned or operated by any corporation or association organized for civic, fraternal, social, or business purposes, or for the promotion of sports.

LODGING HOUSE

A building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by prearrangement for definite periods of time, for compensation, for three or more persons in contradistinction to hotels open to transients.

LOT AREA

The legal area within the lot lines.

LOT OR PARCEL

A piece, plot, or area of land, of contiguous assemblage as established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings, and/or accessory buildings thereto or for other use, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place.

LOT WIDTH

The distance as measured by a straight line, between side lot lines, at the points of intersection with the building line.

LOT, CORNER

A lot abutting upon two or more streets at their intersection.

LOT, DEPTH OF

The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE

A lot having a frontage of two nonintersecting streets, as distinguished from a corner lot.

LOT, INTERIOR

A lot other than a corner lot.

LOT, OR RECORD

A lot which is a part of a subdivision, the plat of which has been recorded in the Office of the Register of Deeds of Williams County, North Dakota, or a parcel of land, the deed to which was recorded in the Office of the Register of Deeds of Williams County, North Dakota prior to the adoption of these regulations.

LOWEST FLOOR

The lowest floor of a structure including the basement.

MANUFACTURED HOME

A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and to be used with or without a permanent foundation and is bearing a label certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standard Act of 1974 (24 CFR 3280) which became effective June 15, 1976, promulgated by the United States Department of Housing and Urban Development.

MANUFACTURED HOME CONDOMINIUM

A manufactured home designed and/or intended to be for residential condominium occupancy.

MANUFACTURED HOME DEVELOPMENT

Intended to be generic, it includes mobile home courts, manufactured home subdivisions, and manufactured home condominiums.

MANUFACTURED HOME SUBDIVISION

A subdivision designed and/or intended for the sale of lots for residential occupancy by manufactured homes.

MEDICAL COMPLEX

A general hospital including related health services such as clinics and residential facilities, dormitories, group quarters or apartments, for medical personnel and trainees employed at the medical complex.

MERCHANT OR VENDOR

A person, firm, or corporation, whether as owner agent, consignee or employee who is registered to conduct business in the State of North Dakota.

MINI-STORAGE

A building containing small compartments to be used for the storage of personal property.

MOBILE BUSINESS OR MOBILE COMMERCIAL BUSINESS

A mobile motorized or non-motorized vehicle or trailer, not being operated as an accessory component to an existing permanent business establishment, whose business operation is conducted outside of a permanent building and entirely within the mobile unit, for the sales of merchandise or other professional services for public service only. Mobile business or mobile commercial business does not include mobile food vendors.

MOBILE FOOD TRUCK

See Section 25.Q Mobile Food Trucks.

MOBILE HOME

A factory built home that is transportable in one or more sections, and designed to be used with or without a permanent foundation when connected to the required utilities, and built prior to enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974 (24CFR 3280) which became effective June 15, 1976.

MOBILE HOME COURT

A mobile home development with two or more mobile homes and/or manufactured homes located on rental pads with continuing local general management, and with special facilities for common use by the occupants, including such items as common recreational building and areas, common open space, laundries, and the like.

MOBILE HOME OR MANUFACTURED HOME LOT

A parcel of land rented or sold for exclusive use of occupants of a single mobile home or manufactured home.

MODULAR OR PREFABRICATED LIVING UNIT

Factory-built housing certified as meeting the State and Local Building Code as applicable to modular housing or prefabricated housing. All must conform to local and state codes and are subject to the same standards as site-built homes.

NEW CONSTRUCTION

Structures for which the "start of construction" commended on or after the effective dated of this ordinance.

NONCONFORMING USES

Use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.

NURSING HOME

An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OUTDOOR STORAGE

The keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

OVERLAY DISTRICT

A district superimposed upon an underlying district and which establishes special requirements in addition to those of the underlying district. Development or use of land or structures must conform to the requirements of both districts, or the most restrictive of the two if in conflict.

PARCEL

A lot or tract of land.

PARK

A tract of land, designated and used by the public for active and passive recreation.

PARKING LOT

An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking.

PARKING ON A REMOTE LOT

A modification of required parking that allows a principal use to meet its parking requirement on a remote parking lot.

PARKING SPACE

An area 9.5 feet by 18.5 feet, or greater which is sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. Required off-street parking shall be provided in a manner that vehicles do not encroach on a public right-of-way.

PERMITTED USE

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PET SHOP

An establishment for the selling of dogs, cats, birds, mice, rats, aquarium fish or other similar small animals or reptiles.

PLANNED UNIT DEVELOPMENT

An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.

PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT

The Planned Unit Development(PUD) Overlay District is a type of overlay zoning district and a type of development plan. PUD overlay districts are linked to PUD plans in that no rights of development apply to a PUD overlay district other than those of the approved PUD plan.

PLANNING COMMISSION

The Planning and Zoning Commission of Williston, ND.

POLITICAL SUBDIVISION

A unit of government within a state, including a county, City, township, or village.

PORCH

A covered entrance to the principle structure which is considered part of the principle structure and must meet all structural requirements. Porches, however, may project into a required front yard as described in Section 25.F.3.

[Amended 7-27-2021 by Ord. No. 1127]

PREMISES

A lot, together with all buildings and structures thereon.

PRINCIPAL USE

The primary or predominant use of any lot.

PROFESSIONAL OFFICE

An office wherein the business carried on therein is by licensed professionals, or wherein the principal activity is the conduct of commercial, governmental, financial or management activities including but not limited to banks, government offices, insurance, personal loan agencies, real estate, telephone exchange or utility office.

PROHIBITED USE

A use that is not permitted in a zone district.

PUBLIC HEARING

A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

PUBLIC UTILITY

Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under public regulations, to the public: electricity, gas, heat, power, steam, telephone, telegraph, transportation, or water.

QUASI-INSTITUTIONAL

A profit or nonprofit boarding home, rest home, or other home for the sheltered care of juvenile or adult persons, which in addition to providing food and shelter to four or more persons unrelated to the proprietor also provides any personal care or service beyond food, shelter, and laundry.

RECREATIONAL VEHICLE

A vehicular-type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designated as temporary living accommodation for recreational, camping, and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

REDUCTION OF REQUIRED PARKING

A modification of required parking that allows a principal use to have either a reduced parking ratio or a reduction in the overall number of required parking spaces.

REMOTE PARKING LOT

An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking used to meet the parking requirement of a principal use that is located on a lot other than the lot on which the principal use is located.

RESIDENTIAL MANUFACTURED HOME SUBDIVISION

A subdivision designed and/or intended to allow for manufactured homes as single-family dwellings, and to allow use of recreational vehicles (RV's), subject to meeting health department standards and approved by the Building Official. Lots and manufactured homes would be owned as in other residential districts.

SCHOOL

Any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

SERVICE PROFESSIONAL

A business operation which provides services related to a specific occupational trade, which requires state certification or licensing.

SERVICE, PRIVATE

The transaction of goods or other professional services rendered or made available to private clients, through previously arranged service transactions and not made available for the general public.

SERVICE, PUBLIC

The transaction of goods or other professional services rendered or made available to the general public.

SHARED PARKING

A modification of required parking that allows two separate principal uses whose normal peak parking times do not coincide to meet their individual parking requirements by sharing parking spaces on one or more parking lots.

SIGN

See Section 25.G General Sign Regulations.

SPECIAL INDUSTRIAL EXPLOSIVE DEVICE(S)

Any explosive powerpack containing an explosive charge in the form of a cartridge or construction device. The term includes but is not limited to explosive rivets, explosive bolts, explosive charges for driving pins or studs, cartridges for explosive-actuated power tools and charges of explosives used in jet tapping of open-hearth furnaces and jet perforation of oil well casings.

SPECIAL PERMITTED USE

A use which generally would not be suitable in a particular zoning district, which would be acceptable under certain circumstances. The permit shall be granted for a particular use and not for a particular person or firm.

SPECIFIED ANATOMICAL AREAS

See Section 25.N Adult Entertainment.

SPECIFIED SEXUAL ACTIVITIES

See Section 25.N Adult Entertainment.

STORY

That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60% of the floor area is or may be finished off for use.

STREET

Any thoroughfare or public space which has been dedicated to, and accepted by, the public use and includes all the right-of-way sidelines.

STREET LINE

A dividing line, such as the right-of-way line, between a lot, tract, or parcel of land and a contiguous street.

STRUCTURE

Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, arbors or breeze-ways, mobile homes (manufactured homes), and gas or liquid storage tanks above ground, but excepting utility poles, fences, retaining walls, and ornamental light fixtures.

STRUCTURE ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girder, or any complete rebuilding of the roof or exterior walls.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure,

1. Either:

a. Before the improvement or repair is started.

b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alternation of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structures.

2. The term does not, however, include either:

a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUPPLEMENTAL PARENTAL CARE

The care, supervision, education, or guidance of a child or children, unaccompanied by the child's parent, guardian, or custodian, which is, or is anticipated to be, ongoing for periods of four or more hours per day for three or more days per week.

TELECOMMUNICATIONS DISH

Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter in diameter.

TEMPORARY USE OR STRUCTURE

A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

TOWER

See Section 25.W. Wireless Communication Facilities.

TRANSIENT MERCHANT, ITINERANT MERCHANT, OR ITINERANT VENDOR

A person, firm, or corporation, whether as owner agent, consignee or employee, who temporarily sets up business on private property, or out of a vehicle, trailer, tent, other portable shelter, or vacant store front for the purpose of exposing or displaying for sale, selling or attempting to sell, goods, wares, products, or merchandise.

USE

The purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied.

VARIANCE

The relaxation of the terms of the Zoning Regulations in relation to height, area, size, and open spaces where specific physical conditions, unique to the site, would create an unreasonable hardship in the development of the site for permitted uses.

VEHICLE STORAGE (LONG TERM)

Outdoor storage or anything other than temporary storage.

VEHICLE STORAGE (TEMPORARY)

Customer and employee parking for less than a twenty-four-hour period.

VEHICLE, FLEET

More than two vehicles owned, leased, or operated by a business or government entity.

VEHICLE, HEAVY COMMERCIAL

A vehicle with a gross vehicle weight greater than 10,000 lbs. Personal vehicles such as boats, RV's, and campers are exempt from this weight requirement.

VEHICLE, OCCUPATION OR TRADE

A vehicle that is designed specifically to perform a type of function or service associated with an occupation or trade.

VEHICLE, PERSONAL

A vehicle that is owned by an individual and used for commuting purposes.

VEHICLE, WORK

A vehicle that is owned by a business entity, which is used by an affiliated employee for commuting purposes.

WALL

The vertical exterior surface of a building or the vertical interior surfaces which divide a building's space into rooms.

WAREHOUSE

1. That portion of a commercial or industrial building occupied by a service-oriented use that is used exclusively for storage of products or materials used or sold by that use.

2. A commercial or industrial building with the majority of the square footage used exclusively for the storage of products or materials sold or distributed by the principal use in that building. Area used for storage of products or materials within a building in which the principal use is retail sales is not included in this definition.

WASTEWATER TREATMENT PLANT

The facility or group of units used for the treatment of wastewater from public sewer systems and for the reduction in handling of solids removed from such wastes and which serves 10 or more families or an industry employing 10 or more persons.

WATER SUPPLY SYSTEM

The system of pipes, structures, and facilities through which a public water supply is obtained, treated, and sold or distributed for human consumption or household use. Such system shall serve at least 10 or more families or shall serve an industry employing 10 or more persons.

XERISCAPE

Landscaping in which the plants require minimal water.

YARD

An open space on the same lot with a building, unoccupied and obstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

A yard extending across the front of a lot between the side lot lines and extending from the front lot line to the front of the main building or any projections thereof. The front yard shall be on the side of the lot which has been established as frontage by the house numbering system.

YARD, REAR

A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building including any projections. On interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

YARD, SIDE

A yard extending from the front yard to the rear yard and being the space between the side lot line and the side of the main building including any projections.

ZONING MAP

The map or maps, which are a part of the zoning ordinance, and delineate the boundaries of the zoning districts.