[Ord. No. 613]
This ordinance shall be known, cited, and referred to as the
"Zoning Ordinance of the City of Williston, North Dakota."
[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.
[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[Repealed by Ord.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.
[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.
[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.
[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.
[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.
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.
[Ord. No. 613, Ord. No. 645, Ord. No.
716, Ord. No. 732, Ord. No. 807, Ord. No. 811, Ord. No. 850, Ord. No. 864, Ord. No. 865, Ord. No.
959, Ord. No. 1007, Ord. No. 1026, Ord. No. 1028, Ord. No. 1050, Ord. No. 1062; amended 11-22-2022 by Ord. No.
1139]
A.
Intent.
This district is intended to protect and preserve lands which are
presently rural or agricultural in character and use. These lands
are not presently required for urban development, but will accommodate
residential development opportunities for those who desire rural living
and are willing to live in more remote locations and to assume the
costs of providing many of their own services and amenities.
This district is also intended to protect and preserve areas
of prime agricultural soils as identified in the Williston Development
Guide, for continued agricultural and agriculturally-oriented uses.
These areas consist of the most agriculturally productive soils and
should not be converted from agricultural to another zoning classification
unless and until there are no other lands available in Williston and
the extraterritorial area to accommodate nonagricultural uses. This
district is not intended to regulate agricultural uses, but to regulate
those uses which threaten agriculture.
This district is also intended to allow development of mineral
resources including oil and gas, coal, potash, sand, gravel, scoria,
and the like in a manner that does not adversely impact the natural
environment and adjoining land uses.
B.
Minimum
dimensional requirements. None.
C.
Permitted
uses and structures. The following shall be permitted:
1.
General farming and dairying, including the sale of the product of the farm, located within City's extraterritorial jurisdiction but outside City limits, except as provided by Ordinance No. 777 incorporated as Section 4-2 of Williston Code of City Ordinances, which provisions shall apply.
2.
Public
stables, greenhouses, nurseries, and the growing and preservation
of trees, provided that storage of manure shall not be permitted nearer
than 150 feet to any lot line.
3.
Fish
hatcheries, beekeeping, fur farms, and dog kennels.
4.
Stock
raising, but not including commercial feed lots.
5.
Single-family
dwellings, mobile homes and/or manufactured homes.
6.
Churches,
schools, libraries, community centers, public parks, and other public
buildings and recreational facilities.
7.
Educational,
religious and philanthropic institutions, but not including penal
or mental institutions.
8.
Electric
substations and gas regulator stations, provided that for each substation
where transformers are exposed there shall be an enclosing fence at
least six feet high.
9.
Fire
stations, police stations, and telephone exchanges.
10.
Radio or television towers, not exceeding 50 feet in height except
as may be restricted by airport zoning.
11.
Cemeteries.
12.
Parks, recreation areas, wildlife areas, game refuges, and forest
preserves.
13.
Water supply buildings, reservoirs, wells, elevated tanks, regional
pipelines and powerlines, public sewage treatment facilities, and
similar essential public utilities and service buildings.
14.
Railroad right-of-ways, but not railroad yards.
15.
Animal hospital or veterinary clinic.
16.
Seismographic exploration as regulated by State Statute.
17.
Storage of flammable liquids above grade, up to 20,000 gallons, subject
to the locally adopted Fire Code Regulations.
18.
Storage of liquefied petroleum gases, up to 50,000 gallons, subject
to the locally adopted Fire Code Regulations.
D.
Permitted
accessory uses and structures. Uses and structures that are customarily
accessory and clearly incidental to permitted uses and structures
shall be permitted, including:
E.
Special
permitted uses. The following shall be considered for special permitted
uses.
3.
Livestock
sales rings, provided:
a.
The State Livestock Sanitary Board has given approval for the establishment.
b.
Auctioning of farm implements shall be conducted as a secondary "service"
or "convenience" to the livestock auction and shall, in no manner,
be conducted for the sale of general household wares, household appliances
or furniture, miscellaneous items or junk.
c.
Parking or storage area for farm implements must be screened and
enclosed by a chain link fence at least six feet high. No piece of
farm equipment shall remain on the premises for more than 15 consecutive
days, except for machinery used for maintenance of the livestock sales
ring and premises.
d.
All corrals, or pens for live animals shall be placed at least 200
feet from any public street or public road and shall be to the rear
of the main building.
e.
The area shall include adequate off-street parking for automobiles
as well as trucks and shall be designed to provide adequate truck
maneuvering space for both loading and unloading of trucks.
f.
Livestock sales rings shall not be operated in any manner so as to
impair, or in any way affect, the public health, safety, or welfare;
or to operate said livestock sales ring in any manner as to be a public
nuisance.
g.
No unusual amount of odor or noise disseminated beyond the boundaries
of the premises on which the use is located shall be permitted.
h.
No more than 10% of the total number of animals present for sale
at any one auction shall be kept on the premises for more than 10
consecutive days following each auction.
i.
The special permit for operation of a livestock auction ring, as
provided in these regulations, shall be enforced if inspection by
the Planning and Zoning Commission or its representatives reveals
that the feeding and keeping of animals, as in the manner of a feed
lot, is the primary use of the premises.
j.
Storage of manure shall not be permitted.
k.
Use of building or structure (temporary or permanent) for restaurant
or "coffee shop" be subject to all regulations of the Williston Building
Code and Williams County Health Department.
l.
When the application for livestock auction rings is filed with the
Planning and Zoning Commission, the applicant shall present a plan
showing the proposed development. Included in the plan shall be the
following:
(i)
Topographic map showing two-foot contour intervals.
(ii)
Drainage plan showing method of handling drainage problems including
storm sewer drainage locations, if necessary.
(iii)
Location of existing utilities and proposed utility extensions.
(iv)
Letters of commitment or intent from the utility companies concerning
satisfactory water and sanitary sewer service, or from the local health
jurisdiction concerning satisfactory wells and septic tanks.
(v)
Plat showing dimension and locations of all structures, existing
or proposed, on the tract of land.
(vi)
Parking plan defining off-street parking areas. Such plan is
subject to the provisions of these regulations.
(vii)
Driveway plan indicating all interior driveways, curb cuts and
areas for maneuvering trucks.
4.
Commercial
feed lots shall be permitted subject to conditions set below:
a.
No unusual amount of odor or noise shall be disseminated beyond the
boundaries of the premises on which the use is located.
b.
Storage of manure shall not be permitted within 200 feet from any
lot line.
c.
All corrals, pens, and buildings shall be located at least 200 feet
from any lot line.
d.
When the application for feed lots is filed with the Planning and
Zoning Commission the applicant shall present a plan showing the proposed
development. Included in the plan shall be the following:
(i)
Topographic map showing two foot contours.
(ii)
Drainage plan.
(iii)
Locations of existing utilities and proposed utility extensions.
(iv)
Letters of commitment or intent from the utility companies concerning
satisfactory water and sanitary sewer service or from the local health
jurisdiction concerning satisfactory wells and septic tanks.
(v)
Plat showing dimensions and locations of all structures, existing
or proposed, on the tract of the land.
(vi)
Parking and loading plan defining off-street parking and loading areas. Such plan is subject to Section 25.I and J of these regulations.
(vii)
Driveway plan indicating driveways, curb cuts, area for maneuvering
trucks.
(viii)
Petition signed by at least 75% of the property owners within
a 1/2 mile radius of the site of the proposed feed lot.
(ix)
All plans, plot plans, and petitions as required must be submitted
to the Williston Planning and Zoning Commission at least 30 days prior
to the public hearing date.
e.
If the operation is a registered livestock feed lot, the owner must
obtain registration number from the State Livestock Sanitary Board.
5.
Stockyard
or the slaughter of animals.
6.
Rock crushers, concrete and asphalt mixing plants, sand and gravel pits, or any other such excavation or surface mining shall be allowed provided they meet the requirements as set forth in Section 25.L.
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.
I.
Maximum
lot coverage by buildings. None.
J.
Minimum
floor area. The minimum floor area of any dwelling, excluding attached
garage, shall be 800 square feet.
K.
Maximum
height of buildings. None, other than that which may be set forth
by airport zoning.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H. for Off-Street Parking Requirements. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
O.
Limited
permitted use for temporary workforce housing.
1.
Definitions.
a.
TEMPORARY WORKFORCE HOUSING - Shall mean one or all the following
meaning: 1) employee housing, which may or may not be located on a
principal heavy industrial parcel to be occupied by employees of a
requesting business which use is temporary and having received approval
pursuant to City of Williston Ordinance No. 925; 2) employee housing,
which consists of one or more workforce lodging units, ordinarily
designed for human living quarters which may or may not be real property
as defined in Section 57-02-04, N.D.C.C., and this type of employee
housing has been granted by a conditional use permit by Williams County;
and/or 3) employee housing which is not otherwise permitted without
receiving a special grant by the City of Williston through the applicable
special permitted use process or by Williams County through the applicable
conditional use permit process Zoning Ordinance.
b.
LIMITED PERMITTED USE - A use of land in conformity with the uses
temporarily permitted under a zoning classification which use is expressly
subject to expire and terminate at the end of a fixed period. The
intent of a limited permitted use is to allow a use of land for a
temporary basis which is in conformity with a zoning classification
but otherwise subject to what is known as a sunset law with such use
becoming a non-permitted use at the end of a fixed period.
2.
City
of Williston approved temporary workforce housing. So long as the
temporary workforce housing meets and complies with all requirements
provided in Subsections O.4, 5, 6, 7 and 10 below, existing temporary
workforce housing approved under and in accordance with City of Williston
Ordinance No. 925 whose special permitted use permit expired on or
before December 31, 2015, shall be considered a conforming limited
permitted use as follows: 1) the temporary workforce housing facility
may occupy their structures until September 1, 2016; 2) the temporary
workforce housing facility shall have until May 1, 2018 to remove
their facility to an area zoned for outdoor storage; and 3) the temporary
workforce housing facility shall have until August 1, 2018 to undertake
site reclamation.
3.
Williams
county approved temporary workforce housing. So long as the temporary
workforce housing meets and complies with all requirements provided
in Subsections O.4, 5, 6, 7 and 10 below, existing temporary workforce
housing approved under and in accordance with the applicable Williams
County Zoning ordinance and Williams County's designated permit process
resulting in a valid conditional use permit being issued by Williams
County with said existing temporary workforce housing then becoming
subject to the requirements of the City of Williston Zoning Ordinance
and City of Williston Resolution 13-127 upon being annexed into the
City of Williston corporate boundary or subject to the extra-territorial
jurisdiction of the City of Williston shall be considered a conforming
limited permitted use as follows: 1) the temporary workforce housing
facility may occupy their structures until September 1, 2016; 2) the
temporary workforce housing facility shall have until May 1, 2018
to remove their facility to an area zoned for outdoor storage; and
3) the temporary workforce housing facility shall have until August
1, 2018 to undertake site reclamation. Williams County Approved Temporary
Workforce Housing, as described herein, shall be subject to the limited
exceptions described in Subsection O.9 herein.
4.
Application
requirements.
a.
Application fee. An application fee of $400, payable to the City
of Williston, is required for any request to become a limited permitted
use as defined herein which is located within the corporate boundaries
of the City of Williston or the extra-territorial jurisdiction of
the City of Williston.
b.
Application form. Submit a completed form providing information required
to evaluate the request to become a limited permitted use. This form
shall be supplied by the Williston City Planning Department.
c.
Verification of settlement of outstanding fees owed to City of Williston
or Williams County. Documentation that any outstanding bed fees owed
to City of Williston, if located within the corporate City boundaries,
or Williams County, if located within the extra-territorial jurisdiction
of the City of Williston, for temporary workforce housing facilities
have been paid in full to the appropriate jurisdiction. No review
of the limited permitted use application will begin if any fees are
outstanding to the City of Williston or Williams County.
d.
Per bed fee. A per-bed fee of $400 for the period January 1, 2016,
to September 1, 2016 for all temporary workforce housing facilities
located in the corporate boundaries of the City of Williston which
are not taxed as real estate or motor vehicles. A per-bed fee, as
adopted by Williams County, for the period of January 1, 2016, to
September 1, 2016, for all temporary workforce housing facilities
located in the extra-territorial jurisdiction of the City of Williston
which are not taxed as real estate or motor vehicles. City staff may
inspect the temporary workforce housing facility to verify the number
of beds.
e.
Site plan. A plan, if not already provided to the City of Williston,
of the entire site, drawn to scale, depicting and identifying all
existing structures, roadways, access from dedicated public roadways,
parking, fire hydrants, surface drainage, connections to water and
sewer/septic, propane tanks, and other information the City may require.
f.
Emergency response and security plan. A written plan, if not already
provided to the City of Williston, for fire suppression, emergency
vehicle circulation, and on-site security.
g.
Facility rules and policies. A document of rules and policies, if
not already provided to the City of Williston, that all residents
of the crew camp must comply with. Emergency contact and response
information for residents to be included in this document.
h.
Verification of state health department inspection. If the temporary
workforce housing facility is served by a septic system, an inspection
of the facility by the North Dakota State Health Department is required
to verify compliance with state health regulations prior to approving
the limited temporary use. Applicant shall submit documentation that
such an inspection has been recently completed.
i.
Site restoration plan. A written plan, if not already provided to
the City of Williston, to reclaim the site, including removal of all
housing units and facilities to serve those housing units.
j.
Site restoration bond. A bond to guarantee the restoration plan for
the proposed site can be completed. The bond must be provided to the
City of Williston on or before October 1, 2016, and must be valid
and remain in full force and effect until December 31, 2018. The City
will set for the amount of the restoration bond, based on the City's
review of the site plan and site restoration plan.
5.
The
temporary workforce housing operator shall sign a written agreement
on or before October 1, 2016, with the City of Williston acknowledging
and accepting:
a.
The applicant is not in violation of any federal, state, or local
law;
b.
The occupancy for temporary workforce housing shall cease on or before
September 1, 2016;
c.
The removal of the temporary workforce housing facility shall occur
on or before May 1, 2018;
d.
The site reclamation of the temporary workforce housing facility
shall occur on or before August 1, 2018; and
e.
The extension of the removal and reclamation of the temporary workforce
housing facility is contingent upon providing the City of Williston
proof of having a reclamation bond that is valid and remains in full
force and effect until December 31, 2018.
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.
[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.
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:
10.
Water reservoirs, water storage tanks, water pumping stations, and
sewer lift stations, provided:
11.
Bed and breakfast inn.
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:
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)
[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.
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:
10.
Water reservoirs, water storage tanks, water pumping stations, and
sewer lift stations provided:
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.
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:
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)
[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.
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.
H.
Minimum
yard requirements.
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)
[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.
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:
7.
Water
reservoirs, water storage tanks, water pumping stations, and sewer
lift stations provided:
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.
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.
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.
[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.
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.
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.
|
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.
[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.
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.
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.
[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:
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.
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.
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.
[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.
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.
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.
[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.
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.
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.
[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:
4.
Water
reservoirs, water storage tanks, water pumping stations, and sewer
lift stations provided;
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.
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.
[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
[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.
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.
[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:
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.
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.
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.
[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:
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.
|
[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.
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.
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:
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
|
[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.
G.
Minimum
lot requirements.
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.
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.
[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.
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:
3.
Parking Requirements: See Section 21b.O.
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.
3.
Restaurants/Catering Establishments.
4.
Barber/Beauty shop.
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:
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.
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.
[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.
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.
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.
[Ord. No. 613, Ord. No. 645, Ord. No.
716, Ord. No. 732, Ord. No. 749, Ord. No. 850, Ord. No. 864, Ord. No. 865, Ord. No. 925, Ord. No.
945, Ord. No. 959, Ord. No. 1007, Ord. No. 1026, Ord. No. 1028, Ord. No. 1050, Ord. No. 1062, Ord. No.
1075, Ord. No. 1092]
A.
Intent.
This district is intended to include lands suited by topography and
other natural conditions, including the presence of natural resources,
for industrial development, including heavy manufacturing, shipping
terminals, natural resources extraction, and other processes or operations
which involve one or more of the following: large number of workers,
heavy truck traffic, significant environmental effects, or large-volume
public water or sewer service. Sewer, water, fire protection, surface
transportation (including direct access to arterial streets or principal
highways), and other essential services shall be provided either by
public utilities or approved private means. Commercial and retail
uses are generally not allowed in this district.
The allowable uses in this district shall not be limited to
those enumerated as permitted uses and structures or special permitted
uses; however, all uses shall be similar in character. Also, uses
similar to those specified in the district shall not be dangerous
or detrimental to persons living or working in the vicinity, or to
the public welfare, nor shall they impair the use, enjoyment or value
of any property in the district.
B.
Minimum
dimensional requirements. The minimum area for Industrial Districts
shall be 20 acres. Industrial Districts of less than 20 acres are
allowed provided they abut another Industrial District and the combined
acreage of the districts is 20 acres or more. Different Industrial
Districts such as Light Industrial, Heavy Industrial, and Industrial
Park Districts may abut each other; however, the districts and uses
therein must remain separate.
C.
Permitted
uses and structures. The following uses shall be permitted:
1.
Uses permitted in M-1 Districts provided no dwelling units are permitted except only for those employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when with them and workforce, temporary housing as permitted and defined in Section 25.P.[1]
[1]
Editor's Note: Ord. No. 925 currently inapplicable based on
Ord. No. 1050. See Section 8.O.
2.
Any other use, not otherwise prohibited by law; provided, however, that none of the following uses shall be established or reconstructed, structurally altered, enlarged or moved unless the Planning and Zoning Commission approves the issuance of a permit under the same procedure as set forth for Special Permitted Uses in Section 27:
a.
Pipe yards.
b.
Acid manufactures.
c.
Cement, lime, gypsum, or plaster of paris manufacture.
d.
Distillation of bones, coal, tar, petroleum, refuse, grain, or wood.
e.
Storage of special industrial explosive device(s) under 50 pounds
subject to the locally adopted Fire Code and State Building Code regulations.
f.
Glue manufacture.
g.
Dump.
h.
Drilling for or removal of oil, gas, or other hydrocarbon substance provided it meets the requirements set forth in Section 25.M.
i.
Fat rendering and fertilization manufacture.
j.
Gas manufacture.
k.
Smelting of tin, copper, zinc, or iron ores.
l.
Petroleum or petroleum products refining.
m.
Storage of hazardous materials, subject to locally adopted Fire Code
and State Building Code regulations.
n.
Tannery.
o.
Junk yard, auto wrecking yard or salvage yard subject to the following
conditions:
(i)
Located on a tract of land at least 300 feet from a Residential District
zone.
(ii)
The operation shall be conducted wholly within a noncombustible
building or within an area completely surrounded on all sides by a
solid fence or wall at least six feet high. The fence or wall shall
be of uniform height, uniform texture and color, and shall be so maintained
by the proprietor as to insure maximum safety to the public and preserve
the general welfare of the neighborhood. The fence or wall shall be
installed in such a manner as to retain all scrap, junk, or other
material within the yard.
(iii)
No junk shall be loaded, unloaded, or otherwise placed either
temporarily or permanently outside the enclosed building, fence or
wall, or within the public right-of-way.
p.
Adult entertainment center.
q.
Any other use which is objectionable by reason of emission of odor,
dust, smoke, gas, vibration, or noise, or which may impose a hazard
to health or property.
E.
Special
permitted uses and structures. Uses included in Section 23.C.2 come
under the general guidelines of Special Permitted Uses and Structures.
1.
Compassion
center — grower.[3]
[3]
Editor's Note: See Appendix A Special Permitted Uses for additional provisions and Exception Parcels Exhibit included as attachments to this chapter.
F.
Temporary
uses. None, other than those allowed under Section 25.0.
G.
Minimum
lot requirements. None.
H.
Minimum
yard requirements. None.
I.
Maximum
lot coverage by buildings. None.
J.
Minimum
floor area. None.
K.
Maximum
height of buildings. The maximum height of any buildings shall be
100 feet.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25.H. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
N.
Other
requirements.
1.
A
buffer zone is required where any Heavy Industrial District abuts
a Residential District. Buffer zones shall be determined by the Planning
Director and shall be a maximum of 50 feet in depth from the property
line of a lot zoned Residential or from a street right-of-way which
separates the Heavy Industrial District from a Residential District.
The buffer zone shall be used for landscaping, walls, fences or similar
devices as required by the Planning Director.
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.
[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.
G.
Minimum
lot requirements. 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.
[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.
[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]
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.
[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.
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.
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.
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.
[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.
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.
[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.
ABANDONED SIGN
BUILDING OR STORE FRONTAGE
BUSINESS CENTER IDENTIFICATION SIGN
CAMPUS
FIXED YARD SIGN
MURAL
NON-WORDED ADVERTISEMENT
OBSENE OR INDECENT SIGN
SANDWICH BOARD SIGN
SIGN
SIGN ANIMATION
SIGN, EMERGENCY LOCATOR
SIGN FACE
SIGN MESSAGING
a.
b.
c.
SIGN, NONCONFORMING
SIGN, OFF-PREMISES ADVERTISING
SIGN, PERMANENT
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
SIGN, SUBDIVISION
SIGN, TEMPORARY, COMMERCIAL
a.
b.
c.
d.
e.
f.
g.
h.
SIGN, TEMPORARY, RESIDENTIAL
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.
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.
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.
A sign that identifies a building or group of commercial
buildings, with three or more businesses with shared parking and/or
access.
A cohesive area on which are institutional primary uses with
secondary accessory uses that are not intended to attract off-campus
clientele.
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.
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.
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.
A sign that, in whole or in part, shows specified anatomical
areas or specified sexual activities.
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.
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.
For dynamic messaging signs, any depictions of people, animals,
or objects in motion.
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.
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.
Any information displayed on the sign face. Types of sign
messaging are:
CHANGEABLE COPYAny sign's display that has the ability to have its message readily changed by physical interaction.
DYNAMIC MESSAGINGAny 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.
STATIC MESSAGINGAny sign's display that is not able to be readily changed by any means.
Any sign which does not conform to the regulations of the
subsection.
A sign which identifies or directs attention to:
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:
AWNINGA 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.
BUSINESS CENTER IDENTIFICATION SIGNA sign that identifies a building or group of commercial buildings with three or more businesses, with shared parking and/or access.
CANOPYA 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.
FREESTANDINGA 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.
MARQUEEAny 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.
MONOPOLEA freestanding sign supported by a single pole or other vertical structure, with the sign face located more than four feet from the ground.
MONUMENTA 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.
PROJECTINGA sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
ROOFA 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.
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.
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.
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:
BALLOONA 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.
BANNERA sign displayed on flexible material, such as fabric or plastic, that is not permanently affixed to a structure for display.
BLADEA 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.
FLAGAny 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.
INFLATABLEA 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.
PENNANTA 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.
PORTABLEAny 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.
VEHICLEA 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.
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:
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.
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:
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.
8.
Messaging.
Types of messaging are defined in Section 25.G.2.
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.
(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.
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.
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.
(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.
f.
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.
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:
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.
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.
[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.
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:
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.
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:
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.
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:
(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.
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
|
[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.
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.
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.
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.
[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.
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.
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:
(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.
[Amended 11-22-2022 by Ord. No. 1139]
1.
GREENHOUSE
POLITICAL SUBDIVISION
SEASONAL COMMERCIAL RECREATION USE
TRANSIENT MERCHANT, ITINERANT MERCHANT, OR ITINERANT VENDOR
Definitions.
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.
A unit of government within a state, including a county,
City, township, or village.
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.
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:
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.
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.
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.
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:
[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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
(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:
(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.
[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:
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.
[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.
[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:
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.
[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:
[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.
[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.
To physically touch or border upon; to share a common property
line.
A way or means of approach to provide physical entrance to
property.
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.
See Section 25.N Adult Entertainment.
See Section 25.N Adult Entertainment.
See Section 25.N Adult Entertainment.
The production, keeping, or maintenance, for sale, lease,
or personal use, of plants and animals useful to man.
A place where aircraft can land and take off, usually equipped
with hangers, facilities for refueling and repair and various accommodations
for passengers.
A way which affords only a secondary means of access to abutting
property.
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.
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.
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.
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.
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.
|
The incorporation of land area into the City with a resulting
change in the boundaries of the City.
See Section 25.W. Wireless Communication Facilities.
A room or suite of rooms in a multiple dwelling used or designed
for occupancy by a single family.
Durable, dust-free, non-tracking surface approved by the
Building Official.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
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.
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.
The flood having a 1% chance of being equaled or exceeded
in any given year.
Any floor level below the first story in a building.
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.
See Section 25.T Beverage Kiosks.
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.
See Lodging House.
Land area used to visibly separate one use from another or
to shield or block noise, lights, or other nuisances.
A structure having a roof supported by columns or walls.
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.
That portion of the lot that can be occupied by the principal
use, excluding the front and side yards.
That edge of a building nearest a lot line.
The Building Official of Williston, North Dakota.
Written permission issued by the Building Official for the
construction, repair, alteration, or addition to a structure.
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.
Any building or premises or portions thereof used for washing
automobiles.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The area made available by the sign structure for the purpose
of displaying the advertising message.
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.
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.
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.
A private roadway providing access for vehicles to a parking
space, garage, dwelling, or other structure.
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.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
Any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking and sanitation.
A dwelling comprised of two single-family dwelling units,
separated horizontally or vertically, within a single building on
a single lot.
A dwelling such as dormitories, fraternities, sororities,
and the like which house unrelated individuals.
A single building designed for and occupied by more than
two families.
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:
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;
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;
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.
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.
All single-family dwellings shall be considered and taxed as
real property pursuant to 57-02-04 NDCC.
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.
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.
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:
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;
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;
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.
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.
All two-family dwellings shall be considered and taxed as real
property pursuant to 57-02-04 NDCC.
Establishments selling food and drink prepared on the premises
for take out or consumption on the premises.
An exit.
An increase in the size of an existing structure.
The use of a lot or structure at the time of enactment of
this ordinance.
The exterior wall of a building exposed to public view or
the wall viewed by persons not within the building.
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.
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]
A parcel of land used for agricultural purposes.
A residential dwelling located on and directly associated
with a farm.
An indoor or outdoor event for merchants or vendors who sell
local agricultural products or crafts directly from the farmer to
the consumer.
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.
Deleted.
The official map issued by the Federal Emergency Management
Agency (FEMA) where areas of special flood hazard are designated as
Zone A.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The total number of square feet of floor space within the
exterior walls of a building, not including space in basements, carports,
or garages.
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.
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.
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.
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.
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.
See Section 25.O. Temporary Uses and Structures.
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.
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.
To consist of concrete asphalt.
An occupation or activity carried on in the principal building
or accessory building of a residential zoned property, which meets
all the following conditions:
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.
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.
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.
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.
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.
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.
No mechanical equipment is used except of a type that is normally
used for purely domestic or household purposes.
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.
No alteration of the principal building changes the character
thereof as a dwelling.
The following are hereby declared to be customary home occupations
as intended by this ordinance:
Office for the emergency consultation and treatment including
the general practice of a doctor, chiropractor, dentist, lawyer, clergyman,
and other recognized professions.
Other state licensed personal services such as, but not limited
to masseuses, beauticians, estheticians, etc.
Dressmaking, sewing, millinery, and similar occupations; artist,
sculptor, and similar occupations.
The giving of voice, piano, or other musical instrument lessons.
Hobbies such as growing of tropical fishes, collection of articles,
and loading of shot shells, provided that all safety requirements
have been met.
Mobile commercial businesses/mobile businesses are not a permitted
home occupation unless conducting private service only.
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.
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood.
A building used as a transient abiding place for persons
who are lodged for compensation.
A material which reduces and prevents absorption of storm
water into the ground.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to real estate.
Access or entry.
A building occupied by a nonprofit corporation or nonprofit
establishment for public use.
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.
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.
A description of how land is occupied or utilized.
An off-street space or berth used for the loading or unloading
of commercial vehicles.
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.
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.
The legal area within the lot lines.
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.
The distance as measured by a straight line, between side
lot lines, at the points of intersection with the building line.
A lot abutting upon two or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage of two nonintersecting streets, as
distinguished from a corner lot.
A lot other than a corner lot.
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.
The lowest floor of a structure including the basement.
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.
A manufactured home designed and/or intended to be for residential
condominium occupancy.
Intended to be generic, it includes mobile home courts, manufactured
home subdivisions, and manufactured home condominiums.
A subdivision designed and/or intended for the sale of lots
for residential occupancy by manufactured homes.
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.
A person, firm, or corporation, whether as owner agent, consignee
or employee who is registered to conduct business in the State of
North Dakota.
A building containing small compartments to be used for the
storage of personal property.
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.
See Section 25.Q Mobile Food Trucks.
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.
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.
A parcel of land rented or sold for exclusive use of occupants
of a single mobile home or manufactured home.
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.
Structures for which the "start of construction" commended
on or after the effective dated of this ordinance.
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.
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.
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.
The keeping, in an unroofed area of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
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.
A lot or tract of land.
A tract of land, designated and used by the public for active
and passive recreation.
An area not within a building where motor vehicles may be
stored for the purpose of temporary, daily, or overnight off-street
parking.
A modification of required parking that allows a principal
use to meet its parking requirement on a remote parking lot.
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.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
An establishment for the selling of dogs, cats, birds, mice,
rats, aquarium fish or other similar small animals or reptiles.
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.
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.
The Planning and Zoning Commission of Williston, ND.
A unit of government within a state, including a county,
City, township, or village.
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]
A lot, together with all buildings and structures thereon.
The primary or predominant use of any lot.
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.
A use that is not permitted in a zone district.
A meeting announced and advertised in advance and open to
the public, with the public given an opportunity to talk and participate.
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.
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.
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.
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.
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.
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.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
A business operation which provides services related to a
specific occupational trade, which requires state certification or
licensing.
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.
The transaction of goods or other professional services rendered
or made available to the general public.
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.
See Section 25.G General Sign Regulations.
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.
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.
See Section 25.N Adult Entertainment.
See Section 25.N Adult Entertainment.
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.
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.
Any thoroughfare or public space which has been dedicated
to, and accepted by, the public use and includes all the right-of-way
sidelines.
A dividing line, such as the right-of-way line, between a
lot, tract, or parcel of land and a contiguous street.
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.
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.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure,
Either:
Before the improvement or repair is started.
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.
The term does not, however, include either:
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.
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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.
Satellite earth stations, dishes and/or antennas used for
private television reception not exceeding one meter in diameter.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
See Section 25.W. Wireless Communication Facilities.
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.
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.
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.
Outdoor storage or anything other than temporary storage.
Customer and employee parking for less than a twenty-four-hour
period.
More than two vehicles owned, leased, or operated by a business
or government entity.
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.
A vehicle that is designed specifically to perform a type
of function or service associated with an occupation or trade.
A vehicle that is owned by an individual and used for commuting
purposes.
A vehicle that is owned by a business entity, which is used
by an affiliated employee for commuting purposes.
The vertical exterior surface of a building or the vertical
interior surfaces which divide a building's space into rooms.
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.
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.
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.
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.
Landscaping in which the plants require minimal water.
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.
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.
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.
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.
The map or maps, which are a part of the zoning ordinance,
and delineate the boundaries of the zoning districts.