ZONING ORDINANCE - Stark County, North Dakota

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egistered land surveyor, a civil engineer, or other person having comparable experience or qualifications. The application shall also list or provide: 1) The proposed number of animal units. 2) Total acreage of the site of the facility. 3) Existing and proposed roads and access ways within and adjacent to the site of the facility. 4) Surrounding land uses and ownership, if the operation will have the capacity to handle more than three hundred (300) animal units. 5) A copy of the permit application submitted by the applicant to the North Dakota State Department of Health. 6.4 Sanitary Landfills and Solid Waste Sites 6.4.1 Solid Waste Disposal Facility Solid waste disposal facilities as regulated by this Section shall include all facilities for the incineration of disposal of solid waste or solid waste residue which are required to be permitted under statute or rule by the North Dakota Department of Health and Consolidated Laboratories. A solid waste disposal facility may be allowed in any Agricultural District as a conditionally permitted use provided: 1) It is located at least one (1) mile from any residence or residential zone area unless written approval is obtained from the owner(s) of any residence within this area. 2) It is continuously licensed and approved by the North Dakota Department of Health as to location and operation. 3) There is no substantive evidence that the facility will endanger the public health or the environment. 4) The conditional use permit will be valid for a period of time set by the Commissioners. 5) For the permit to be approved, sixty percent (60%) of all property owners within one (1) mile of the proposed location must approve of the proposed facility. 6.4.2 County Code and Procedures The County hereby adopts solid waste provisions of NDCC 11-33-20, to assure meeting the purposes of this Ordinance. 48
6.4.3 Collection of Solid Waste 6.5 Recycling Facilities No person may collect or transport waste materials for a fee without obtaining a permit from the County. Storage of solid waste materials shall be confined to buildings and structures designed specifically for such purpose and shall be secured by appropriate fences and gates. The openings to the buildings and structures, including but not limited to conveyors, doors, ramps, and other points of access for use by transport or moving vehicles when not in use shall be closed air tight to minimize the impact from odor and concentration of insects and rodents. A recycling facility by definition is a place where any material including yard waste, oil, glass, metal, plastic, paper, or cardboard is processed for an end-use. Because of the nature of the recycling facilities as permanent structures, zoning approval and a conditional use permit is required. The following are required to obtain a conditional use permit: 1) The facility shall not abut residential and public uses. 2) The facility will be screened from the public right-of-way when it is abutting a residential district. The screen shall consist of a solid fence or wall of at least eight (8) feet in height. 3) The facility shall not be placed in the floodplain. 4) The site shall be free of litter and other undesirable materials. Containers shall be clearly marked to identify the type of material that may be deposited. 5) There shall be pest control plan for review and approval. 6.6 Public Nuisances 6.7 Noise The maintenance of public nuisances including, but not limited to noxious weeds, smoke, gases, odors, radio interference, blighted structures or buildings, accumulation of junk, trash, rubbish, automobiles, dead or diseased trees shall be prohibited. Sustained noise of over eighty (80) decibels (dB) during the day and seventy (70) decibels (dB) at night is prohibited. 6.8 Fences 1) No site-obscuring fence over forty-eight (48) inches in height shall be erected within the front yard of any lot used for residential purposes. 2) No permanent fence shall be constructed on a road right-of-way or within the confines of the ditch backslope. 49
Page 1 and 2: STARK COUNTY NORTH DAKOTA ZONING OR
Page 3 and 4: 6.4 Sanitary Landfills and Solid Wa
Page 5 and 6: ARTICLE I INTRODUCTION 1.1 Title Th
Page 7 and 8: irrespective of the number of perso
Page 9 and 10: 31) Conditional Use - A use of a sp
Page 11 and 12: units; and (c) does not create a nu
Page 13 and 14: certifying that it was built in com
Page 15 and 16: industrial, commercial, mining and
Page 17 and 18: 125) Zoning District - Those areas
Page 19 and 20: 3.4.1 Nonconforming Lots 1) Pre-Exi
Page 21 and 22: 3.5 Land Suitability 5) Allowance f
Page 23 and 24: ARTICLE IV ZONING DISTRICTS 4.1 Zon
Page 25 and 26: 16) Non-commercial golf courses, co
Page 27 and 28: 5.2 Agricultural Residential: Purpo
Page 29 and 30: 22) Firing range, outdoor. 23) Hosp
Page 31 and 32: 3) Coal mining. 4) Mobile homes (ma
Page 33 and 34: 1) Permanent mobile homes and modul
Page 35 and 36: 10) Golf driving range, miniature g
Page 37 and 38: 15) Garbage haulers. 16) Large scal
Page 39 and 40: 5.7.1 Permitted Uses 1) Agriculture
Page 41 and 42: a) All new construction and substan
Page 43 and 44: ) For new mobile home parks and sub
Page 45 and 46: 6) The addition of mass or weight t
Page 47 and 48: 5) The County Commission, after pro
Page 49 and 50: c) Any parking facility which abuts
Page 51: 6.3.3 Water Resource Setbacks An ap
Page 55 and 56: 6.10 Oil and Gas Exploration No per
Page 57 and 58: 1) Provide to the County Zoning Adm
Page 59 and 60: 6) A minimum of ten (10) percent of
Page 61 and 62: accordance with the provisions of t
Page 63 and 64: the county emergency management coo
Page 65 and 66: 6.19.8 Transfer of Wind Energy Faci
Page 67 and 68: 6.26.2 Special Requirements 1) Sign
Page 69 and 70: 10) A copy of the deed or lease (if
Page 71 and 72: 6.27.8 Renewal of Conditional Use P
Page 73 and 74: 7.3 Minor Subdivision Where a propo
Page 75 and 76: 12) Location and dimension of any s
Page 77 and 78: 5) The development plan shall be dr
Page 79 and 80: 14) Accurate outlines and legal des
Page 81 and 82: 2) The subdivider shall prepare an
Page 83 and 84: d) Bike paths (per DOT standards).
Page 85 and 86: 3) The drainage facilities shall be
Page 87 and 88: ARTICLE VIII ADMINISTRATION AND ENF
Page 89 and 90: f) The proposed conditional use sha
Page 91 and 92: 8.5 Uses by Temporary Permit 1) Tem
Page 93 and 94: 8.8 Protest and Appeal d) time and
Page 95: 1) To prevent such unlawful erectio

ZONING ORDINANCE - Stark County, North Dakota

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