In construction of these regulations, the rules and definitions contained in this chapter shall be observed and applied except when the context clearly indicates otherwise.

A.

Words used in present tense shall include the future.

B.

Words used in singular number shall include the plural number, and the plural the singular.

C.

Shall is a mandatory word and not discretionary.

D.

May is a permissive word.

(Ord. 788 (part), 1994)

"Accessory building and uses" means a subordinate building or portion of the main building the use of which is clearly incidental to and serves exclusively the principal building or principal use. The accessory building or use shall be located on the same zoning lot and it is established to contribute to the comfort, convenience or necessity of occupants of the principal building or principal use.

"Accessory dwelling unit" means an auxiliary or subordinate dwelling unit on the same lot/parcel or within an existing detached single family structure. The unit includes its own independent living provisions for sleeping, cooking, and sanitation, designed for residential occupancy independent of the primary dwelling unit.

"Airport" means any area designated for the landing and take-off of aircraft and any appurtenant areas which are used or intended for use for airport buildings and structures including runways, taxi ways, aircraft storage and tie down areas, hangars and other related facilities and open spaces.

"Alley" means a public right-of-way which affords only a secondary means of access to abutting property.

"Animal confinement operation" means an agricultural operation in which all animals are kept and raised within a completely enclosed structure.

"Animal rescue operation" means any facility used to house and distribute for adoption as pets any stray, homeless, abandoned or unwanted animals, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organizations, or by a person or persons devoted to the welfare, protection and humane treatment of animals.

"Apartment" means a room or suite of rooms in a multiple-family dwelling used or designed for human occupancy.

"Basement" means a story partly underground with more than one-half of its height below grade. A basement is not included in computing the number of stories for the purpose of measuring the building height unless more than one-half of its height is above grade.

"Bed and breakfast" means any place of temporary lodging that provides more than four rooms for rent and is the owners' personal residence.

"Board of adjustment" means the body appointed by the board of city commissioners to hear and decide appeals where it is alleged errors or inequities in the literal administration or enforcement of these regulations exist.

"Boarding house" means any dwelling in which unrelated persons are housed for rent with or without meals.

"Building" means any structure designed or intended for shelter, housing, business, office, and accommodation of persons, animals, chattels or property.

"Building area" means that portion of the zoning lot that can be occupied by the principal use, excluding the front, rear and side yards.

"Building height" means vertical distance from the grade to the highest point to the roof.

"Building line" means a line establishing the minimum distance that structure may be placed from the lot lines or street right-of-way. For the purposes of these regulations the building line is the same as setback line.

Building, Principal. "Principal building" means a building in which the principal use of the lot is conducted including single-family and multifamily dwellings, and offices, shops, stores and other uses.

"Campground" means any parcel of land containing three or more lots intended for occupancy by travel trailers or tents.

"Central area" means that part of the city bounded by Sixth Street, Sixth Avenue and the Burlington Northern Railroad right-of-way.

"Channel" means a natural or manmade water course for conducting the flowing water.

"City planning commission" means a body of citizens appointed by the board of city commissioners under the authority of Chapter 40-47 of the North Dakota Century Code to review the planning issues, prepare plans, review the zoning requests, amendments and conditional uses and make recommendations to the city commission for final decisions.

"Comprehensive plan" means a guide for physical development of the city as provided by Section 17.04.070.

"Conditional use" means use for a special nature not automatically permitted in a zoning district and which requires review and approval of the board of city commissioners after public hearing.

"Conforming building or structure" means a building or structure which complies with all requirements of these regulations and other regulations adopted by the city.

"Development" means any manmade change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures, the construction of additions or alterations to buildings or structures, ditching, lagooning, dredging, filling, grading, paving, excavation and drilling operations.

"Development plan" means a document including maps and data for physical development of an area as provided by Section 17.60.040.

"District" means a section or sections of the city for which regulations governing the use of building and premises, the building height, size of yards, lot area, lot width and the intensity of use are uniform.

"Dwelling" means any building or portion thereof, used exclusively for human habitation including single-family and multiple-family units but not including hotels or motels.

Dwelling, Detached. "Detached dwelling" means a single-family residential unit surrounded by open space on the same lot.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a single building or portion thereof, containing two or more dwelling units.

Dwelling-Single Family. "Single-family dwelling" means a building containing only one dwelling unit designed to be located on a permanent foundation as defined in this section and, if site built, constructed in accordance with the provision of the applicable city codes governing construction; or, if manufactured off-site, constructed in accordance with either the city codes governing construction or the HUD manufactured home construction and safety standards (24 CFR 3280). All single-family dwellings shall be considered and taxed as real property, as provided by law. All single-family dwellings shall have minimum overall front width of twenty-four feet, minimum overall depth of twenty feet, and minimum main floor living space square footage of nine hundred square feet, and a minimum ceiling height of seven feet.

Dwelling, Two-Family. "Two-family dwelling" means a building containing two dwelling units only.

"Dwelling unit" means one or more rooms designed for occupancy for one or more persons living as a housekeeping unit.

"Efficiency unit" means a dwelling containing one principal room in a dwelling unit for human occupancy excluding bathroom, kitchen hallway and closets.

"Emergency medical air transport services" means a service in conjunction with a hospital and/or clinic used to transport patients by helicopter in need of emergency medical care at a medical facility either in Devils Lake or other medical facilities throughout the region.

"Encroachment" means any fill, building, structure or use including accessory uses projecting into the required yard areas or public and private property.

"Establishment" means a place of business for processing, production, assembly, sales, service of goods and materials.

"Family" means two or more persons related by blood, marriage, adoption, or child foster care occupying a dwelling unit. A family may include not more than two unrelated persons by blood, marriage, or adoption.

"Feed lot" means a parcel of land which contains a commercial operation for feeding and raising animals that are provided feed with little or no vegetation for forage and/or grazing.

"Floodplain" means an area which may be covered by flood water including but not limited to regional floods.

"Floor area" means the total square footage of floor space within the exterior walls of a building excluding garages and car ports.

"Frontage" means the front part of a lot abutting a public street.

Garage, Private. "Private garage" means an accessory building or portion of a principal building designed and used for the storage of not more than four vehicles owned and used by the occupant of the building to which it is accessory.

Garage, Public. "Public garage" means a building or portion thereof, designed and used for repair, maintenance, sale, service and storage of motor vehicles.

Garage, Storage. "Storage garage" means a building or portion thereof, designed and used exclusively for accommodating more than four motor vehicles.

"Grade" means the land elevation at the horizontal intersection of the ground and the building.

"Group home" means any community residential facility, foster home, family care facility, or other similar home for individuals with a developmental disability. See Century Code Chapter 25-16-14(1)(a).

"Home occupation" means any occupation carried on in a dwelling unit by a member or members of the family and which meets these requirements:

1.

The occupation is conducted within the principal building or an accessory building; such occupations operated in an accessory building shall be limited to activities that do not generate objectionable noise, dust or fumes. Operations such as body shops and auto repair shall not be permitted. All home occupancy activities shall be conducted inside the home or accessory building and all supplies and materials shall be stored indoors;

2.

That the occupation is incidental and secondary to the use of the dwelling unit;

3.

That only the members of the immediate family residing on the premises may be employed, unless authorized by the board of adjustment by a variance;

4.

That no stock-in-trade is kept or commodities sold other than those produced on the premises unless authorized by the board of adjustment;

5.

That samples may be kept but not sold on the premises;

6.

That no more than twenty-five percent of the floor area of the dwelling is devoted to such home occupation;

7.

That no sign or display other than a name plate not more than two square feet in area shall be used outside of the premises.

"Hotel or motel" means a building in which lodging accommodations, with or without meals, are provided for compensation.

Hotel, Apartment. "Apartment hotel" means a building in which some of the accommodations are dwelling units or are occupied by permanent residents.

"Institution" means building or buildings occupied by a nonprofit private corporation or a public body for public use.

"Junk or salvage yard" means an open area where waste or scrap material, including parts of used motor vehicles, appliances and farm implements are bought, sold, exchanged, stored, baled, parked, disassembled or handled.

Kennel, Animal. "Animal kennel" means any premises where dogs, cats and other household pets are boarded, bred and maintained for compensation.

"Lodging house" means a residential building or portion thereof which accommodates three or more unrelated persons with meal privileges for compensation.

"Lodging room" means a room rented as a sleeping and living quarters without kitchen facilities or meals.

"Lot" means a piece, parcel, lot or area of land of continuous assemblage established by survey, plat or deed.

"Lot area" means the area within the lot lines.

Lot, Corner. "Corner lot" means a lot abutting two public streets at their intersection.

"Lot depth" means the average horizontal distance between the front lot line and the rear lot line.

Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two separately designated streets.

Lot, Interior. "Interior lot" means a lot located in the interior of a block and not a corner lot.

"Lot lines" means the property lines bounding the lot.

"Lot of record" means a lot which is a part of subdivision which has been recorded in the Office of Ramsey County Register of Deeds, or a parcel of land, the deed to which has been recorded in the Office of Ramsey County Register of Deeds.

"Lot width" means the horizontal distance between the side lot lines of a lot, measured at the front building setback line.

Lot, Zoning. "Zoning lot" means a single lot, parcel, tract of land located within a single block developed or to be developed as a single unit.

"Manufactured home" means a factory-built structure which is to be used as a place for human habitation, which is not constructed with or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with the Manufactured Home Construction and Safety Standards Act 1974 (24 CFR 3280) which became effective June 15, 1976, promulgated by the United States Department of Housing and Urban Development.

"Medical marijuana dispensary" means a facility that has been approved by the North Dakota State Health Department, as per Chapter 19-24.1 NDCC and Article 33-44 of the North Dakota Administrative Rules, to house, dispense, and sell approved marijuana products for medical purposes.

"Medical marijuana manufacturing" means the process of preparing legal medical marijuana products as per Chapter 19-24.1 NDCC and Article 33-44 of the North Dakota Administrative Rules, for distribution and sale at approved medical marijuana dispensaries.

"Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Home Constructed and Safety Standards Act of 1974 (24 CFR 3280), which became effective June 15, 1976. A mobile or portable structure constructed to be towable on its chassis, connected to utilities and used for year-round living. It can consist of one or more units that can be telescoped when towed, or two or more units separately towable, but designed to be joined into one integral unit.

"Mobile home lot" means a lot or parcel of land platted or planned to accommodate a mobile home.

"Mobile home park" means a parcel of land for which a detailed plan indicating the location of lots, blocks, streets, neighborhood facilities and parks and playgrounds exists.

"Nonconforming building" means any building which does not comply with any or all of these regulations.

"Nonconforming use" means any principal use of land or building which does not comply with any or all of these regulations.

"Nursing home or convalescent home" means a home for the aged or infirm in which unrelated persons are accommodated for compensation.

"Outdoor storage" means the keeping of vehicles with current license and registration, recreational vehicles, boats, ATVs, snowmobiles, trailers, equipment and storage containers for an extended period of time without usage, outside of a completely enclosed building. Storage containers shall comply with Chapter 17.78 of the zoning regulations. Outdoor storage does not pertain to the lawful display of retail goods and equipment for sale on commercially zoned properties. Outdoor storage of junk and/or rubbish shall not be allowed and shall be governed by Title 8 of the municipal code.

"Permanent foundation" means a foundation designed and placed in compliance with the North Dakota State Building Code as adopted by the City of Devils Lake.

"Person" means any individual, firm, corporation, partnership or legal entity.

"Planned development" means a grouping of buildings and structures on a site of five or more acres in single ownership which is not limited by the yard or building height limitations but is based on a detailed development plan and recorded in the Office of Ramsey County Register of Deeds upon approval by the board of city commissioners.

"Premises" means a lot together with all buildings and structures on it.

"Public roadway or public way" means any dedicated and recorded right-of-way including alleys, sidewalks, streets, roads or highways.

"Recreational vehicle" means a travel trailer.

"Regional flood" means a flood determined by the city, state and federal authorities which is representative of large floods known to have occurred in Ramsey County, North Dakota.

"Service station" means any building or premises where automotive fuels, automotive related services, lubricants, parts and supplies are made available to the motorist.

"Sign" means any emblem, name, identification, description or illustration which is used for outdoor advertising having permanent location on the ground or attached to or painted on a building including bulletin boards, billboards and poster boards, flags, but excluding real estate for-sale signs, political campaign signs, public information and traffic signs.

"Site plan" means a detailed plan for making improvements to parcel(s) of land for the purpose of building and development as provided in Section 17.32.040.

"Special use" means use of a special nature not automatically permitted in a district and not listed among the conditional uses. Approval of any special use requires the review and recommendation of the planning commission.

"Story" means that portion of a building between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then space between the floor and the ceiling above it. A basement shall be counted as a story, if more than one-half of it is above grade.

Story, Half. "Half story" means that part of a building between the eaves and the ridge line of pitched roofs, not for human occupancy unless approved by the board of adjustment.

"Street" means any public way which affords traffic circulations and a principal means of access to abutting property.

"Street line" means the outer boundary of any public right-of-way.

"Structural alterations" means any change in the supporting elements of a building including bearing walls, partitions, columns, beams, girders, roofs and exterior walls.

"Structure" means anything constructed or erected, the use of which require permanent location on the ground including advertising signs and billboards.

"Tavern" means any place in which alcoholic beverages are sold primarily for consumption on the premises, whereas a liquor store is a place where alcoholic beverages are sold exclusively for consumption off the premises.

"Tent" means a collapsible shelter of canvas or other fabric stretched and sustained by poles and used for camping outdoors.

"Travel trailer" means any portable unit designed to be used as a temporary dwelling for travel or recreational purposes. The term travel trailer includes the following:

1.

An independent travel trailer, which is a travel trailer containing toilet and lavatory facilities.

2.

A dependent travel trailer, which is a travel trailer containing either toilet or lavatory facilities or having neither facility.

"Used or occupied" means intended, arranged or designed to be used for occupancy.

"Variance" means the relaxation of the terms of the zoning regulations in relationship to building height, size of the front, rear and side yards, and use of a property, where the literal enforcement of these regulations could create unreasonable hardship, but it is not contrary to the purposes of the city comprehensive plan and these regulations.

"Yard" means an open space on the zoning lot which is unoccupied or unobstructed by any portion of a structure from the ground upward.

Yard, Front. "Front yard" means an open space extending across the front of the lot between the side lot lines and extending from the front lot line to the front of the principal building or any projection thereof.

Yard, Rear. "Rear yard" means an open space extending along the full length of the rear lot line between the side lot line and extending from the rear lot line to the rear of the principal building or projection thereof.

Yard, Side. "Side yard" means an open space extending along a side lot line from the front lot line to the rear lot line extending from the side lot line to the side of the principal building or projection thereof.

(Ord. 853 (part), 2003; Ord. 822, 1998; Ord. 818 (part), 1997; Ord. 788 (part), 1994)

(Ord. No. 887, 7-6-10; Ord. No. 933, 3-7-16; Ord. No. 941, 8-1-16; Ord. No. 945, 12-5-16; Ord. No. 950, 12-18-17; Ord. No. 954, 5-21-18; Ord. No. 973, 8-16-21; Ord. No. 974, 8-16-21)