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Devils Lake City Zoning Code

CHAPTER 17

04 - GENERAL PROVISIONS

17.04.010 - Title for citation.

These regulations shall be known, cited and referred to as the Devils Lake zoning regulations.

(Ord. 788 (part), 1994)

17.04.020 - Purpose and intent.

A.

To promote public health, safety, morals, comfort, convenience, prosperity and general welfare of the city and environs;

B.

To lessen congestion in the streets;

C.

To secure safety from fire, panic, noxious fumes and other dangers;

D.

To promote adequate light, air, privacy and convenience of access to property;

E.

To prevent the overcrowding of land;

F.

To avoid undue concentration of population;

G.

To facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public facilities;

H.

To promote orderly development of land and water resources and to prevent conflict among land uses and structures.

(Ord. 788 (part), 1994)

17.04.030 - Adoption authority.

These regulations are adopted under the authority granted by Chapter 40-47 of the North Dakota Century Code.

(Ord. 788 (part), 1994)

17.04.040 - Jurisdiction.

These regulations shall apply to the use and enjoyment of all lands within the city and two miles outside of the corporate limits of the city as provided by Chapter 40-47 of the North Dakota Century Code. The city zoning regulations apply to not only all property within the corporate limits of the city, but shall extend a distance of two miles from the corporate limits of the city, as provided in North Dakota Century Code Section 40-47-01.1 as amended.

(Ord. 819, 1998: Ord. 788 (part), 1994)

17.04.050 - Interpretation of provisions.

These regulations shall be held to be minimum requirements adopted for promotion of purposes cited in Section 17.04.020. Whenever the requirements of these regulations are at variance with the requirements of other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive shall govern unless otherwise specifically stated.

(Ord. 788 (part), 1994)

17.04.060 - Severability.

If any part, provision or portion of these regulations is adjudged invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby.

(Ord. 788 (part), 1994)

17.04.070 - Comprehensive plan-Objectives.

These regulations are administered and enforced to implement the comprehensive plan of the city, a document adopted by the board of city commissioners as a guide for the physical development of the city including the following objectives:

A.

To conserve and enhance the taxable value of land and buildings in the city and environ;

B.

To encourage the most appropriate use of land in the city and environ;

C.

To preserve and increase the amenities of the city and environ;

D.

To protect residential, commercial and manufacturing areas alike from harmful encroachment by incompatible uses;

E.

To protect the character and maintain the stability of residential, commercial and industrial areas and to promote orderly development of such areas;

F.

To regulate and restrict the location and intensity of use of buildings and land for residential, commercial, industrial and other uses;

G.

To separate and control unavoidable nuisance producing uses to minimize the adverse impacts on the surrounding areas or uses;

H.

To minimize the expenditure of public funds through selecting cost-effective alternatives for expansion of the city services;

I.

To minimize business interruption;

J.

To minimize damage to public facilities and utilities such as water mains, sewer mains and streets.

(Ord. 788 (part), 1994)

17.04.080 - Effective date.

These regulations shall be effective upon adoption by the Board of City Commissioners as provided by the North Dakota Century Code.

(Ord. 788 (part), 1994)