A.

Purpose. The purpose of this section is to provide for the regulations of nonconforming buildings and uses and to specify those circumstances and conditions which adversely affect the maintenance, development, use or taxable value of other property in the area and whether shall be permitted to continue or shall be discontinued.

B.

Authority to Continue. Any nonconforming building or use which existed lawfully and conforming at the time of adoption of these regulations and which has become nonconforming upon adoption of these regulations may be continued. But if the nonconforming use or occupancy is discontinued for a period of more than twelve consecutive calendar months any subsequent use or occupancy of the premises shall be a conforming use or occupancy.

C.

Change or Expansion of Use. Whenever the use of a building becomes a nonconforming use through a change in zoning regulations or change in district boundaries, the use may be continued if no structural alterations are made. A nonconforming building which is nonconforming as to bulk, shall not be added to or enlarged in any manner unless such changes are made to conform to all of the regulations of the district in which it is located.

D.

Repairs and Alterations. Ordinary repairs and alterations may be made to a nonconforming building, provided that no structural alterations be made except to make the building or use conforming to the regulations of the district in which it is located.

E.

Restoration of Damaged Building. Whenever a building is destroyed or damaged by fire or other casualty to the extent of more than sixty percent of its replacement cost (as determined by the Marshall & Swift cost manual, it shall not be restored unless said building and use shall conform to all of the regulations of the district in which it is located. In the event such damage or destruction is less than sixty percent of such replacement cost, repairs or construction may be made within one year from the date of destruction.

F.

Residential Uses in Nonresidential Districts. The other provisions of this section notwithstanding, any structure that is devoted to a nonconforming residential use may be sold, remodeled, extended, expanded, enlarged or rebuilt, provided that after the remodeling, extension, expansion, enlargement, or rebuilding, the structure may not be used to accommodate a greater number of dwelling units than the structure accommodated prior to the improvement.

(Ord. 853 (part), 2003: Ord. 788 (part), 1994)

(Ord. No. 946, 9-18-2017)

A.

Purpose. The purpose of this section is to provide for the off-street parking regulations to:

1.

Increase the safety and capacity of public streets by requiring off-street parking or loading facilities;

2.

Minimize adverse effects of off-street parking and off-street loading facilities on the adjacent properties;

3.

Lessen congestion and preventing the overtaxing of public streets by regulating the location and capacity of off-street parking or off-street loading facilities.

B.

General Requirements.

1.

An off-street parking space shall be at least nine feet wide and twenty feet long, exclusive of access drives or ramps and have a vertical clearance of at least seven feet.

2.

All open off-street parking areas with four or more spaces and all loading berths shall be:

a.

Improved with all-weather surface to provide a durable and dust-free surface;

b.

Graded to dispose of all surface water run-off but not be diverted to adjoining properties;

c.

Arranged and marketed to provide for orderly and safe parking;

d.

Provided with access road of eight feet if a residence or fifteen feet if a nonresidential building;

e.

Screened by wall, fence or landscaping from the street or from any residential or industrial property.

3.

Off-street parking or loading facilities requirements shall be met on the same lot as the building served unless the adjoining lot is exclusively used for meeting the parking requirements of a building or use.

C.

Special Requirements. No building shall be erected or enlarged to the extent of increasing the floor area by as much as fifty percent without meeting these requirements:

1.

Bowling alley, four parking spaces for each alley.

2.

Office uses:

a.

Business, professional or public office building, studio, bank, medical or dental clinics, three parking spaces plus one additional space for each four hundred square feet of floor area over one thousand square feet;

b.

Any high density office space such as, but not limited to, telemarketing establishments employing more than one person per one hundred square feet of total office area, three parking spaces plus one additional space for each two employees on any maximum working shift.

3.

Church or a place of worship, one parking space for each four seats in the main building.

4.

College, one parking space for each two employees.

5.

Community center, library or museums, ten parking spaces, plus one additional space for each three hundred square feet of floor area in excess of two thousand square feet.

6.

Funeral home, one parking space for each fifty square feet of floor space in the parlor and service rooms.

7.

Hospital, one parking space for each bed.

8.

Hotels, one parking space for each three rooms plus one space for each two hundred square feet of eating and drinking establishments or restaurants.

9.

Industrial or manufacturing establishments, research or testing laboratories, dairies, bottling plants, warehouses or similar uses, one parking space for every two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection thereof.

10.

Motels, one parking space per room.

11.

Private club or lodge, one parking space for every ten members.

12.

Residential uses:

a.

Single-family, two spaces per unit.

b.

Duplexes, two spaces per unit.

c.

Multiple-family, one space for efficiency unit and two spaces for one bedroom or larger units.

d.

Mobile home park, two spaces per unit.

e.

Manufactured home district, two spaces per unit.

13.

Restaurant, eating and drinking establishment, one parking space for each one hundred square feet of floor area.

14.

Retail store and service establishment, one parking space for each two hundred square feet of floor area.

15.

Rooming houses, boarding houses and lodging houses, one parking space for each two beds.

16.

Sport arena, stadium, one parking space for each five seats.

17.

Theater or auditorium, one parking space for each five seats.

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

A.

Purpose. The purpose of regulating signs in the city is to provide for a visually-pleasant urban environment and minimize potentially unsafe street, highway and sidewalk conditions for all age groups, but yet offer many opportunities for public and private information and advertising.

B.

General Requirements.

1.

No sign shall be located, erected, moved, reconstructed, extended, enlarged or structurally altered without obtaining a permit from the code administrator. Nonconforming signs shall be subject to the provisions of Section 17.76.010 of these regulations.

2.

All signs, canopies, awnings and marquees shall be structurally safe and securely anchored, fastened or supported in order to protect the safety of persons or property.

3.

No revolving beacon or fountain signs are permitted in any district, except such signs connected with the operation of the airport or public facilities.

4.

No sign, canopy, awning or marquee in any district shall conflict in any manner with public devices controlling public traffic.

5.

Publicly owned and maintained ground signs shall not be erected on the public right-of-way until reviewed by the planning commission and approved by the city commission.

6.

Signs, canopies, awnings and marquees projecting over a street, public way or other public space shall project not more than two feet. Clearance below such signs shall be a minimum of nine feet.

7.

Awnings that are collapsible, retractable or capable of being folded against the face of the supporting building, may in fully open position extend over public way no more than seven feet from the face of the supporting buildings, but no portion shall extend nearer than two feet to the face of the nearest curb line measured horizontally. In no case shall the awning extend over a public way greater than two-thirds of the distance from the property line to the nearest curb in front of the building site.

8.

Signs may be wall, pedestal, ground or projection type but shall not project into the public right-of-way or public property.

C.

Special Requirements.

1.

Signs in residential districts shall be limited to:

a.

One sign per dwelling structure not exceeding two square feet in area which may be wall, pedestal, ground or projecting type;

b.

One sign per lot or complex for identifying the apartment building, or condominiums with more than four residential units, or one sign per business not exceeding thirty-six square feet;

c.

One temporary sign such as "For Sale," "For Rent," not exceeding six square feet in area;

d.

Other temporary signs such as political campaign signs, greeting signs or rally signs.

2.

Signs in the C-NGH and C-CAC districts and only for commercial uses shall be limited to:

a.

Signs not exceeding fifty square feet in area which may be wall, pedestal, ground or projecting type;

b.

Temporary signs, including "For Sale," "For Rent," political campaign signs, greeting signs and rally signs not exceeding thirty square feet in area.

3.

There shall be no restriction for signs in C-HWY, I-LT and I-HVY districts.

4.

Signs in special districts, excepting PUD district shall be limited to:

a.

One sign per use not exceeding twenty square feet in area which may be wall, pedestal, ground or projecting type;

b.

Location and size of the signs for PUD district shall be a part of the detailed site plan.

5.

Signs for conditional uses shall be consistent with the provisions for the district in which they are located and the provisions of this section.

(Ord. 879 (part), 2008; Ord. 788 (part), 1994)

(Ord. No. 887, 7-6-10)

A.

Accessory building serving as private garages may be built in a rear yard but must not occupy more than thirty percent of the rear yard and must not be nearer than three feet to any side lot line or rear lot line, except that when a garage is entered from an alley at a right angle, it must not be located closer than ten feet to the alley line. When sidewall heights exceed ten feet the minimum side yard setback must be four feet. If the private garage is located closer than ten feet to the main building the garage must be regarded as a part of the main building for the purposes of determining side yards and rear yards. Accessory buildings serving as storage garages must not be nearer than five feet to any side or rear lot line.

B.

No accessory building may be constructed on a lot without a habitable dwelling or until the construction of the main building has commenced, and no accessory building may be used for dwelling purposes.

C.

Total combined area of all detached accessory buildings on lots less than twenty thousand square feet in size may not occupy more than twelve percent of the lot area nor be larger than one thousand two hundred square feet. The maximum wall height measured from the sill plate to the top plate may not exceed twelve feet. For lots between twenty and forty thousand square feet, detached accessory buildings may not exceed six percent of the lot area. The maximum wall height, overall height, and distances to property lines must be as shown in Table 17.76.040. The first seven hundred twenty square feet of attached garage is exempt from these limitations.

D.

When lots are forty thousand square feet or greater in size the building coverage, wall height, overall height, and distance to property lines of detached accessory structures may not exceed the values as shown in Table 17.76.040. The first seven hundred twenty square feet of attached garage is exempt from these limitations. When such buildings are one thousand two hundred square feet or less, and the sidewall height is ten feet or less the building setback distance may be as stated in item A.

E.

Attached garages must have a proper frost protected foundation with a depth of four feet to the bottom of the footing or to match the existing foundation of the house. A detached garage without plumbing must have a minimum twelve-inch thickened edge monolithic slab foundation. For detached garages with plumbing, a frost protected foundation is required. This frost protected foundation must be at a depth of at least four feet to the bottom of the foundation or have a professionally designed shallow frost protected foundation.

Table 17.76.040

(Ord. 879 (part), 2008: Ord. 856 (part), 2003: Ord. 853 (part), 2003; Ord. 837 (part), 2000: Ord. 818 (part), 1997; Ord. 788 (part), 1994)

(Ord. No. 966, 2-3-20; Ord. No. 994, 3-18-24)

The front yards established in these regulations shall be adjusted in the following cases:

A.

Where forty percent or more of the frontage on the same side of streets between two intersecting streets is developed with two or more buildings that have, with a variation of five feet or less, a front yard greater in depth than required in these regulations, new buildings shall not be erected closer to streets than the front yard so established by the existing building nearest the street line.

B.

Where forty percent or more of the frontage on one side of street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than required in these regulations, the following shall govern:

1.

Where a building is to be erected on a parcel of land is within one hundred 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 building on each side.

2.

Where a building to be erected on a parcel of land that is within one hundred feet of an existing building on one side only, the building may be erected as close to the street as the existing adjacent building.

(Ord. 788 (part), 1994)

The required side yard on a corner lot shall be one-half the required front yard provided that no adjacent structures front along the side yard street, in which case, the entire required front yard must be provided and no accessory building shall project beyond the required front yard on either side.

(Ord. 818 (part), 1997)

A.

Projection into Front Yard. An open, unenclosed porch or deck may project into a required front yard for a distance not exceeding ten feet.

B.

Projection into Side Yard. An open, unenclosed porch or deck that does not extend more than three feet above the floor level of the ground story may project into the required side yard provided they are at least two feet from the adjacent side lot line.

(Ord. 856 (part), 2003: Ord. 818 (part), 1997)

The installation of any aboveground fuel tanks in any district within the city shall not be allowed without successful completion of the procedures outlined in Chapter 17.84, including Section 17.84.020, Conditional use permits.

(Ord. 818 (part), 1997)

Prior to issuance of a moving permit, the owner of the house or structure to be moved within or into the city or extraterritorial planning area shall comply with the following:

A.

Submit a map indicating the streets over which said house or structure is to be moved. Secure approval from the building official showing that he had previously inspected the house or structure and the requirements for construction, alteration or repairs necessary to place said building in conformance with the building code and other pertinent ordinances of the city.

B.

If the house or structure that will be moved is located within the city, the owner shall also agree that he will remove all rubbish and material from the present site, fill all excavations to existing grade, and discontinue water and sewer services to the satisfaction of city regulations.

C.

The owner shall contact both the police and fire departments notifying them of the proposed move and obtaining from them a written statement that the move would not hinder the normal performance of their responsibilities to the citizens of the city.

D.

The owner shall also agree that he will notify the building official prior to moving the house or structure and prior to any construction or alteration thereon and request inspection as required by such building code as adopted by the city of Devils Lake.

E.

The owner shall obtain a petition signed by seventy-five percent of the property owners within three hundred feet of the proposed building site waiving objection to the proposed placement of the house or structure. Said petition shall include a photo or photos of the house or structure. Wording of the petition shall include reference to the attached photo(s) to ensure that signers have viewed the photo(s).

F.

The owner shall have secured all permits and licenses necessary to accomplish the move. The owner may be required to display required permit by the building official.

G.

The owner shall demonstrate that he or his representative has secured insurance in the amounts necessary to indemnify any parties involved for any loss as a result of the move.

H.

If any house or structure is to be moved into the limits of the city's jurisdiction from outside the city's jurisdiction, the owner shall deposit sufficient money with the city auditor to cover the cost to the city for conducting required inspections to the structure to be moved into the city. Such costs shall include, but not be limited to: mileage, meals, lodging (if required), and the inspector's salary.

(Ord. 879 (part), 2008: Ord. 853 (part), 2003: Ord. 823 (part), 1998: Ord. 783 (part), 1994: Ord. 751 (part), 1990: Ord. 687 (part), 1986)

A.

The maximum height of any residential fence shall be six and one-half feet.

B.

All fences shall be constructed of approved fencing material.

C.

Fences adjacent to public sidewalks must be held back a minimum of two feet from the sidewalk edge.

D.

Placement of sight-obscuring fences, hedges or walls along intersections, alleys, and driveways is regulated to prevent sight restrictions and promote safety for vehicles and pedestrians. In any case fences, hedges, walls and obstructions shall not interfere with traffic and must comply with:

1.

Sight obscuring fences exceeding thirty-six inches in height (forty-eight inches if seventy-five percent light permeable) will not be permitted to extend beyond established front yard setbacks.

2.

No sight obscuring fence, hedge, wall or obstruction greater than twenty-four inches in height, measured from the top of the nearest curb, may be placed within the sight triangle formed from the corner of a right-of-way intersection in each direction for a distance of twenty feet. This distance is to be measured from the face of the curb.

3.

No sight obscuring fence, hedge, wall or obstruction greater than twenty-four inches in height, measured from the top of the nearest curb, shall be placed within the sight triangle formed from the corner of the intersection with an alley a distance of ten feet in each direction. These distances are to be measured from the alley right-of-way line and the street right-of-way line.

4.

No sight obscuring fence, hedge, wall or obstruction greater than twenty-four inches in height, measured from the top of the nearest curb, shall be constructed within the sight triangle formed from the corner of a driveway and a public right-of-way for a distance of ten feet. These distances shall be measured from the driveway and property line.

5.

A fence must be completely installed on the owner's property. It shall be the responsibility of the property owner to know the location of property lines.

(Ord. 879 (part), 2008)

(Ord. No. 887, 7-6-10)

There shall be no excavation or reclamation of areas disturbed by activities whose intent is the removal of earthen materials (borrow, sand, gravel, rock, or any other surface minerals) within the city's zoning jurisdiction, without first obtaining from the city an excavating permit. The requirements to obtain an excavating permit, will be set by the Devils Lake city commission. The fee to obtain an excavating permit will be set by the fees and rates of the City of Devils Lake.

(Ord. No. 891, 8-16-10)

A.

The type and number of animals that will be allowed are as follows:

1.

Small Animals. Include hen chickens, rabbits, ducks, geese, or other small animals as approved by the city. Properties shall be allowed five small animals for the first two acres and one small animal per additional acre of lot area.

2.

Large Animals. Include cows, horses, sheep, goats, or other large animals as approved by the city. Properties shall be allowed two large animals for the first two acres and one large animal for each additional three acres of lot area.

B.

Animals shall only be allowed on the same parcel as an owner-occupied single family residence.

C.

Nuisance factors such as dust, odor, noise, clutter, etc. must be managed as not to negatively impact neighboring properties.

D.

The area where animals are to be kept shall be fenced.

E.

Large animals shall not be located within one hundred feet of neighboring residence(s).

(Ord. No. 936, 3-7-16)

A.

No more than one accessory dwelling unit may be permitted on each lot or parcel.

B.

Accessory dwelling units will only be permitted on lots or parcels that are zoned for and contain a detached single family residential structure as the principal use.

C.

An accessory dwelling unit must be contained completely within a primary structure, or contained within a detached structure that meets the size and setback requirements of this Code.

D.

Either the principal structure or accessory dwelling unit must be occupied by the owner of the property. Occupants of both structures must be members of the same family or providers of home and/or medical support services.

E.

One off street parking space must be provided for an accessory dwelling unit. Parking spaces are required to be located on an improved surface approved by the City. Parking spaces may be located in an existing driveway.

F.

Size requirements of accessory dwelling units (ADU):

1.

Units within primary structure: The floor area of an ADU may not exceed forty percent of the gross floor area of the main floor living area of the primary structure. Living areas exclude attached garages, decks, etc. Total square footage of the ADU may not exceed eight hundred square feet and must be a minimum of three hundred square feet.

2.

An ADU within a principal structure may not reduce the required minimum square footage (nine hundred square feet) of the main floor of a single-family home.

3.

ADU located in detached structure: the maximum square footage of an ADU may not exceed eight hundred square feet and must be a minimum of three hundred square feet.

4.

The combined square footage of the primary structure and an ADU may not exceed the maximum lot coverage for the underlying zoning district.

G.

Minimum setback requirements for detached accessory dwelling units (ADU):

1.

Front - must meet the minimum front yard setback of underlying zoning district and must meet or exceed the front setback of the principal structure.

2.

Side - must meet current side yard setback requirements for principal structure in the underlying zoning district.

3.

Rear - minimum setback for structure will be ten feet from rear property line.

H.

Detached ADU are limited to a single story with no basement.

I.

An ADU on any lot that does not conform to minimum lot size of the underlying zoning district will not be allowed.

J.

Accessory dwelling units must be connected to public utilities, if available, either through connection to principal structure utilities or through direct connection to ADU structure. If public utilities are not available, the applicant must show that sufficient sewage treatment and disposal is available on-site.

K.

An accessory dwelling unit must comply with all residential building code requirement in Title 15 of the Devils Lake Municipal Code.

L.

An accessory dwelling unit may be occupied by no more than one family as defined in Title 17 of the Devils Lake Municipal Code.

(Ord. No. 945, 12-5-16)

A.

A building plan that demonstrates compliance with all requirements of the residential building code.

B.

For all new construction of an accessory structure, a site plan is required. The site plan must show, to scale, the location and dimensions of the building, all required setbacks, and any easements on the property.

C.

For all accessory dwelling units that would not comply with required parking, a parking plan must be submitted to the City for review by the Planning and Zoning Commission and City Commission.

D.

Termination of Conditional Use Permit. A conditional use permit for an accessory dwelling shall automatically expire if the permitted dwelling unit is substantially altered and no longer in conformance with these provisions, the owner of the property no longer occupies one of the units, the required parking is no longer maintained and available for use by the occupant, or the permit is not put to use within twelve months of approval.

(Ord. No. 945, 12-5-16)