The C-HWY highway commercial district is primarily established to accommodate those highway oriented commercial uses which by nature and operational characteristics such as direct access, large number of parking spaces, require separation from other uses because of the intensity and frequency of consumer travel. The C-HWY district is established to promote the general purpose of this chapter, the specific intent of this section is:

A.

To provide an orderly and comprehensive expansion of commercial facilities without creating undue increased vehicular congestion in the C-HWY business district;

B.

To encourage the regional commercial activities, and to protect and enhance property value of the commercial district through the provision of landscape and beautification of an individual commercial lot.

(Ord. 827 (part), 1999)

A.

Accessory uses;

B.

Advertising signs and billboards;

C.

Amusement places such as bowling alleys, athletic clubs, pool halls, theaters, miniature golf courses and similar outdoor or indoor facilities;

D.

Animal hospitals and kennels, including outdoor dog runs or exercise pens when located not less than two hundred feet from any residential district;

E.

Bakeries and confectioneries;

F.

Banks and financial institutions;

G.

Battery and tire service establishments;

H.

Building material and supply establishments;

I.

Carpet and rug stores;

J.

Catering businesses;

K.

Churches and places of assembly;

L.

Day care facilities;

M.

Department stores;

N.

Dry cleaning establishment and laundromats;

O.

Express parcel delivery establishments;

P.

Feed and seed stores;

Q.

Frozen food lockers, but not slaughtering on the premises;

R.

Fuel sales establishments;

S.

Funeral homes;

T.

Furniture and refinishing and upholstering;

U.

Garages for repair and service of motor vehicles, including towing and wrecker service but not salvage operations;

V.

Greenhouses;

W.

Highway maintenance shops;

X.

Hospitals and clinics;

Y.

Machinery and equipment sales and service, including farm machinery and accessories;

Z.

Marine vehicle sale and service;

AA.

Meat product sales and locker rentals;

BB.

Mobile home sales and services;

CC.

Monument sales;

DD.

Motels;

EE.

Motor vehicle sales and rental;

FF.

Offices;

GG.

Office and supply stores and business machine sales and services;

HH.

Packing and crating operations;

II.

Plumbing shops and yards;

JJ.

Radio, television, and electronic equipment sales and service;

KK.

Restaurants, including all types of eating and drinking establishments;

LL.

Shopping malls, including the retail services customarily accommodated therein;

MM.

Sporting goods stores and bait shops;

NN.

Taverns and liquor stores;

OO.

Watchman and caretaker living areas.

(Ord. 879 (part), 2008: Ord. 827 (part), 1999)

Unless approved by the planning commission, conditional uses will not be located less than two hundred feet from a residential district. It is determined by the planning commission the conditional use will not be injurious to the surrounding premises or residential neighborhood, the planning commission may approve such conditional use or stipulate special conditions and restrictions as deemed necessary.

A.

Animal rescue operations;

B.

Contractors yard;

C.

Machine shops and fabrication of metal products with less than ten employees;

D.

Processing and packing of material with less than ten employees;

E.

Radio and television stations and towers;

F.

Fenced outdoor storage yards for vehicles with current license and registration, recreational vehicles, boats, ATVs, snowmobiles, trailers, equipment, and storage containers.

G.

Storage garages and warehouses;

H.

Campgrounds.

I.

Medical marijuana dispensaries. Subject to Chapter 19-24.1 NDCC, Article 33-44 of the North Dakota Administrative Rules, and all other applicable laws and regulations.

(Ord. 879 (part), 2008: Ord. 856 (part), 2003: Ord. 827 (part), 1999)

(Ord. No. 895, 6-6-11; Ord. No. 934, 3-7-16; Ord. No. 950, 12-18-17; Ord. No. 954, 5-21-18)

A.

The minimum lot area for C-HWY district shall be twenty thousand square feet for all properties adjacent to U.S. Highway 2, and seven thousand square feet for all other properties.

B.

The minimum lot width for C-HWY district shall be one hundred feet.

(Ord. 827 (part), 1999)

The principal and accessory uses excluding parking shall not cover more than fifty percent of the lot.

(Ord. 827 (part), 1999)

A.

The minimum front building line, measured from the front lot line, shall be fifty feet for all projects fronting U.S. Highway 2. For properties fronting on other streets the minimum front building line shall be twenty feet in the city and fifty feet in the extraterritorial planning area.

B.

The minimum rear building line, measured from the rear lot line, shall be twenty feet.

C.

The minimum side building line, measured from the U.S. Highway 2 right-of-way shall be twenty-five feet and the minimum side yard for interior side of the lot shall be ten feet. The minimum side building line measured from other rights-of-way shall be ten feet in the city and twenty-five feet in the extraterritorial planning area.

D.

The minimum front building line for stored items and storage buildings with outdoor storage areas with frontage on any right-of-way in the City of Devils Lake shall be two hundred fifty feet from that right-of-way.

(Ord. 827 (part), 1999)

(Ord. No. 895, 6-6-11; Ord. No. 934, 3-7-16)

A.

A minimum of ten percent of the total plot area is recommended for landscaping purposes, and a minimum fifty percent of the ten percent landscape area is recommended to cover with a minimum of five gallon tree.

B.

A landscape buffer yard of twenty feet is recommended when the adjacent property is residential.

(Ord. 827 (part), 1999)

The building height requirement in C-HWY district shall be subject to the provisions of the airport ordinance.

(Ord. 827 (part), 1999)

A.

The front yard and the rear yard spaces may be used for parking.

B.

For parking in C-HWY district the provisions of Section 17.76.020 shall apply.

(Ord. 827 (part), 1999)

For signs in C-HWY district the provisions of Section 17.76.030 shall apply.

(Ord. 827 (part), 1999)