This title of the Dickinson Municipal Code shall be known as the "Zoning Ordinance of the City."

(Code 1993, § 39.01.001; Ord. No. 1171, § 1)

(a)

The provisions of this chapter shall be applicable to all property within the corporate limits of the City and its extraterritorial jurisdiction as provided by N.D.C.C. Ch. 40-47. The townships, Sections and portions of Sections within the jurisdiction of this chapter shall be as set forth in Table 1-1, Entitled "Dickinson ETZ."

(b)

In addition to zoning regulations, the application of municipal building and property maintenance codes, basic housing codes, subdivision regulations, special use licensing and fire district codes shall be enforced in the extraterritorial zoning area as well as in the incorporated area of the municipality.

(c)

Table 1-1. Dickinson ETZ.

(Code 1993, § 39.01.002; Ord. No. 1171, § 1; Ord. No. 1418, § 1; Ord. No. 1561, § 1)

The purposes of the zoning ordinance of the City (this chapter) are to:

(1)

Serve the public health, safety, and general welfare of the City and its jurisdiction.

(2)

Classify property in a manner that reflects its suitability for specific uses.

(3)

Provide for sound, attractive development within the City and its jurisdiction.

(4)

Encourage compatibility of adjacent land uses.

(5)

Protect environmentally sensitive areas.

(6)

Further the objectives of the Comprehensive Development Plan of the City.

(Code 1993, § 39.01.003; Ord. No. 1171, § 1)

The City intends that this chapter and any amendments to the zoning ordinance from which it is derived shall be consistent with the City's Comprehensive Development Plan. It is the City's intent to amend the zoning ordinance whenever such action is deemed necessary to keep regulatory provisions in conformance with the Comprehensive Development Plan.

(Code 1993, § 39.01.004; Ord. No. 1171, § 1)

The zoning ordinance shall be held to provide the minimum requirements necessary for the promotion of the public health, safety and welfare. If any provision of the zoning ordinance conflicts with any other provision of the zoning ordinance, any other ordinance of the City, or any applicable State or federal law, the more restrictive provision shall apply.

(Code 1993, § 39.01.005; Ord. No. 1171, § 1)

Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any local, State, or federal ordinance or statute.

(Code 1993, § 39.01.006; Ord. No. 1171, § 1)

Any land use not described in this chapter shall be prohibited, unless expressly permitted or allowed as a special use. A land use that is similar to described uses may be allowed by a special use permit.

(Code 1993, § 39.01.008; Ord. No. 1171, § 1; Ord. No. 1195, § 1; Ord. No. 1604, § 1)

The purpose of the provisions of Sections 62-11 through 62-30 is to promote consistency and precision in the interpretation of the zoning ordinance. The meaning and construction of words as set forth shall apply throughout the zoning ordinance, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.

(Code 1993, § 39.02.001; Ord. No. 1171, § 1)

The following general rules of construction apply to the text of the zoning ordinance (this chapter).

(1)

Headings. Section and subsection headings contained herein are provided for illustrative purposes only and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, or intent of any provision of the zoning ordinance, this chapter.

(2)

Illustration. In the case of any real or apparent conflict between the text of the zoning ordinance, this chapter, and any illustration explaining the text, the text shall apply.

(3)

Referenced agencies. Unless otherwise indicated, all public officials, bodies, and agencies referred to in this chapter are those of the City.

(Code 1993, § 39.02.002; Ord. No. 1171, § 1)

For the purposes of this chapter, certain terms and words are hereby defined. Certain sections contain definitions which are additional to those listed here. Where terms are not specifically defined, their ordinarily accepted meaning or meanings implied by their context shall apply.

Abutting means having lot lines or district boundaries in common, including property separated by a public street or alley and is used interchangeably with the term "adjacent."

Accessory dwelling unit means a subordinate permanent independent dwelling which has its own cooking, sleeping, and sanitation facilities and which is:

(1)

Within or attached to a single-family residential building; or

(2)

Within a detached accessory structure associated with a single-family dwelling that is smaller than the primary structure, on a permanent foundation, and is not a recreational vehicle; or

(3)

As an apartment either attached to or within an existing commercial structure for use on a temporary basis by an employee of the specific business.

Accessory structure means a structure which is incidental to and customarily associated with a specific principal use or building on the same site.

Accessory use means a use which is incidental to and customarily associated with a specific principal use on the same site.

Addition means any construction which increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.

Administration means governmental offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, State, County, and City offices.

Adult establishment or adult entertainment center means an adult bookstore, an adult cabaret, an adult motion picture theater, or an adult mini-motion picture theater, all as defined in Chapter 30, Article III, or any other business the preponderance of whose activities or sales are designed to display, show, perform or depict specified sexual activities or specified anatomical areas as defined in this section, or which may otherwise be designed to sexually arouse any member of the public. Any establishment or center that displays or sells sexually oriented devices as herein defined as a preponderance of its business is also an adult entertainment center or adult establishment within the meaning of Chapter 30, Article III.

Agent of owner means any person showing written verification that said person is acting for, and with the knowledge and consent of, a property owner.

Alley means a public right-of-way which is used as a secondary means of access to abutting property.

Alteration means any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.

Antenna means a device used to transmit and/or receive radio or electromagnetic waves for the provision of communication services, including, but not limited to, cellular, paging, personal communications services and microwave communications. Such devices include, but are not limited to, small wireless facility antennas, small cell antennas, remote radio heads, directional antennae; omnidirectional antennae; and wireless access points (wi-fi), including strand-mounted wireless access points.

Apartment means a housing unit within a building designed for and suitable for occupancy by only one family. Apartments are generally located within multifamily residential buildings.

Applicant means the party applying for a permit under this chapter.

Attached means having one or more walls in common with a principal building or connected to a principal building by an integral architectural element, such as a covered passageway; façade wall extension; or archway.

Attachment means and includes any wireless communication facility affixed to, contained in, or placed on or in a structure within the City's public right-of-way.

Base zoning district means a district established by this article which prescribes basic regulations governing land use and site development standards. No more than one base zoning district shall apply to any individually platted lot or parcel unless the lot or parcel is part of a planned unit development.

Basement means a level of a building below street level that has at least one-half of its height below the surface of adjacent ground. A basement used for independent dwelling or business purposes shall be considered a story for the purposes of height measurement.

Beginning of construction means the initial incorporation of labor and materials within the foundation of a building or structure.

Block means an area of land within a subdivision that is entirely bounded by streets, by streets and the exterior boundaries of the subdivision, or by a combination of the above with a watercourse or lake, and which has been designated as such on a plat for the purposes of legal description of a property.

Block face means the property abutting one side of a street and lying between the two nearest intersection streets, or between the one nearest intersecting street and a major physical barrier, including, but not limited to, railroads, streams, lakes, or the corporate limits of the City.

Board of adjustment means a body authorized by the Board of City Commissioners expressly for the purpose of granting relief from situations of hardship and to hear appeals as provided by this chapter.

Buffer yard means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Building means a structure entirely separated from any other structure by space or by walls and having a roof and built to provide shelter, support, or enclosure for persons or property.

Building coverage means the area of a site covered by buildings or roofed areas, excluding allowed projecting, eaves, balconies, and similar features.

Building envelope means the three-dimensional space within which a structure is permitted to be built on a lot after all zoning and other applicable municipal requirements have been met.

Building line means the outer boundary of a building established by the location of its exterior walls.

Building official means the designee of the Board of City Commissioners, responsible for the enforcement of the State Building Code.

Business means activities that include the exchange or manufacture of goods or services on a site.

Business center means a building containing more than one commercial business, or any group of nonresidential buildings within a common development, characterized by shared parking and access.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of occupancy means an official certificate issued by the Building Official, Planning Director, or a designee, upon finding of conformance with the Unified Building Code, and upon receipt of a certificate of zoning compliance.

Certificate of zoning compliance means an official certificate issued by the Building Official or a designee, which indicates that the proposed use of building or land complies with the provisions of this chapter.

Change of use means the replacement of an existing use by a new use.

Cluster means a development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.

Clubs means uses providing meeting, recreational, or social facilities for a private, non-profit or noncommercial association, primarily for use by members and guests.

College and university facilities means an educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization.

Collector street means a street connecting neighborhoods within the same communities, designed to carry traffic from local to arterial streets.

Columbarium means any building or structure used or intended to be used for the interment of cremated human remains.

Commercial vehicles means trucks, tractor cab units, trailers, used in any way as part of any commercial application, endeavor or business.

Common area means an area held, designed, and designated for common or cooperative use within a development.

Common development means a development proposed and planned as one unified project not separated by a public street or alley.

Common open space means land within or related to a development that is not individually owned or dedicated for public use, designed and generally intended for the common use of the residents of the development.

Communications tower means a structure situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

Compatibility means the degree to which two or more different land use types are able to exist together in close proximity, with no one use having significant negative effects on any other use.

Compliance audit means a systematic and independent examination of an organization's operations, processes, and procedures to determine whether they align with applicable laws, regulations, internal policies, and industry standards. This process helps identify areas of noncompliance, enabling corrective actions to be taken promptly.

Comprehensive Plan means the duly adopted Comprehensive Development Plan of the City.

Condominium means a real estate ownership arrangement that combines fee simple title to a specific unit and joint ownership in common elements shared with other unit owners. Types of units may include dwelling units, parking spaces, office spaces, or commercial spaces.

Conservation development means a development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.

Conservation subdivision means wholly or in majority, a residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided:

(1)

There is no increase in the overall density permitted for a conventional subdivision in a given zoning district; and

(2)

The remaining land area is used for common space.

Convalescent services means a use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease. Typical uses include nursing homes.

Conventional subdivision means a subdivision which literally meets all nominal standards of the City's zoning and subdivision ordinances for lot dimensions, setbacks, street frontage, and other site development regulations.

Court means an approved private right-of-way which provides access to residential properties and meets at least three of the following conditions:

(1)

Serves 12 or fewer housing units or platted lots.

(2)

Does not function as a local street because of its alignment, design, or location.

(3)

Is completely internal to a development.

(4)

Does not exceed 600 feet in length.

Courtyard means an open, unoccupied space, bounded on two or more sides by the walls of the building.

Cultural services means a library, museum, or similar registered non-profit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

Day care services (family) includes all classifications of day care facilities, including, but not limited to, facilities licensed by the State, providing care for not more than nine individuals. The term "family day care services" includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

Day care services (group) includes all classifications of day care facilities, including facilities licensed by the State, providing care for ten or more individuals. The term "group day care services" includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

Density means the amount of development per specific unit of a site.

Detached means fully separated from any other building or jointed to another building in such a manner as not to constitute an enclosed or covered connection.

Detention facility means a publicly operated or contracted use providing housing and care for individuals legally confined, designed to isolate those individuals from the community.

Drive-in services means uses which involve the sale of products or provision of service to occupants in vehicles.

Driveway means a permanently paved, surfaced area providing vehicular access between a street and an off-street parking or loading area.

Dwelling unit means one or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Easement means a privilege or right of use granted on, above, under, or across a particular tract of land for a specific purpose by one owner to another owner, public or private agency, or utility.

Emergency residential services means a facility or use of a building to provide a protective sanctuary for victims of crime or abuse, including emergency housing during crisis intervention for victims of rape, abuse, or physical beatings.

EMF means electromagnetic frequency.

Enclosed means a roofed or covered space fully surrounded by walls.

Equipment means accessory equipment serving or being used in conjunction with an antenna or wireless communication facility. The term "equipment" includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables and conduit, equipment buildings, cabinets, storage sheds, shelters, and vaults.

Existing height means the height of a structure, including wireless communications facilities, as originally approved or as of the most recent approved modification. Height shall be measured from natural grade to the top of all appurtenances.

Existing structure means a structure located in the public right-of-way and capable of supporting wireless communication facilities, erected prior to the application for collocation or substantial modification under this article. An existing structure includes a replacement of an existing structure that is proposed to accommodate the collocation of a wireless communication facility, as long as the replacement structure is substantially similar in appearance to the existing structure and is no taller that the existing height of the structure to be replaced.

Extraterritorial means within the zoning or subdivision jurisdiction of the City, but outside its corporate limits. The extraterritorial jurisdiction of the City extends for two miles beyond its corporate limits.

Family means one or more persons living together and sharing common living, sleeping, cooking, and eating facilities within an individual housing unit, no more than four of whom may be unrelated. The following persons shall be considered related for the purpose of this chapter:

(1)

Persons related by blood, marriage, or adoption;

(2)

Persons residing with a family for the purpose of adoption;

(3)

Not more than eight persons under 19 years of age, residing in a foster house licensed or approved by the State.

(4)

Not more than eight persons, 19 years of age or older, residing with a family for the purpose of receiving foster care licensed or approved by the State.

(5)

Persons living with a family at the direction of a court.

Family shelter means a single-family dwelling that shelters a family who are persons related by blood, marriage or adoption, or no more than four individuals occupying a dwelling unit who are committed to living together as a single housekeeping unit, in harmony with the surrounding neighborhood, responsible for maintaining a common household.

Federal means pertaining to the government of the United States of America.

Floor area ratio means the quotient of gross floor area divided by gross site area.

Frontage means the length of a property line of any one premises abutting and parallel to a public street, private way, or court.

Grade means the surface of the ground, court, lawn, yard, or sidewalks adjoining a building, with the established grade being one fixed by the City and which established grade shall also constitute the natural grade and the finished grade.

Gross floor area means the total enclosed area of all floors of a building, measured to the inside surfaces of the exterior walls. The term "gross floor area" excludes the areas of basements, elevator shafts, airspaces above atriums, and enclosed off-street parking and loading areas serving a principal use.

Ground-mounted equipment means any equipment that is affixed to the ground and extends above the natural grade.

Group care facility means a facility licensed or approved by the State or other appropriate agency, which provides for the care and short- or long-term, continuous multi-day occupancy of more than three unrelated persons who require and receive therapy or counseling on site as part of an organized and therapeutic ongoing program for any of the purposes listed below. Such facilities shall exclude those uses defined as group homes. The term "group care facilities" includes facilities which provide for the:

(1)

Adaptation to living with, or rehabilitation from, the handicaps of physical disability.

(2)

Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or of mental retardation if such facility has an overnight occupancy of more than eight persons.

(3)

Rehabilitation from the effects of drug or alcohol abuse.

(4)

Supervision while under a program alternative to imprisonment, including, but not limited to, pre-release, work-release, and probationary programs.

Group facility means a type of facility that shelters multiple people who are currently unhoused or at imminent risk of becoming unhoused. Group facilities are supervised at all hours that the residents are present.

Group home means a facility licensed by the State in which at least four but no more than eight persons, not including resident managers or house parents, who are unrelated by blood, marriage, or adoption reside while receiving therapy, training, or counseling for the purpose of adaptation to living with or rehabilitation from cerebral palsy, autism, or mental retardation.

Group living means the residential occupancy by a group of people who do not meet the definition of the term "family" found in this section. The group living use does not apply to the group care facility and group home uses. Group living uses include, but are not necessarily limited to, the following:

(1)

Family shelters;

(2)

Group shelters;

(3)

Unhoused persons shelters;

(4)

Supportive housing; and

(5)

Transitional housing.

Guidance services means a use providing counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition on a daytime care basis.

Guidelines or wireless facility guidelines means any procedure or description from the City Engineer and the City Planning Director, which may be modified and amended from time to time, concerning wireless facility application process and siting requirements. Any such wireless facilities guidelines shall be consistent with this chapter.

Health care means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, training, administration and services to out-patients, employees, or visitors.

Heavy recreational vehicles means motor coach homes, converted buses and converted trucks.

Heavy vehicles means vehicles over ten tons gross empty weight.

Height means the vertical distance from the established grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or to the average height between eaves and the ridge for gable, hip, shed, or gambrel roofs. For other cases, height shall be measured as the vertical distance from the established grade to the highest point of a structure as herein defined. Where a building or structure is located on a slope, height shall be measured from the average grade level adjacent to the building or structure.

Home-based business/home occupation means an accessory occupational use, conducted entirely within a dwelling unit by a member of the family residing in the premises, which is clearly incidental to the residential use of the dwelling or residential structure and does not change the residential character of its site.

Hospital means a facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an in-patient basis, including emergency treatment, diagnostic services, training, administration, and services to patients, employees, or visitors.

Housing unit or dwelling unit means a building or portion of a building arranged for and intended for occupancy as an independent living facility for one family, including permanent provisions for cooking.

Impervious coverage means the total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements that decrease the ability of the surface of the site to absorb water, expressed as a percent of site area. The surface water area of pools is excluded from this definition.

Installation permit holder means any person that has obtained permission through the issuance of an installation permit from the City under this article to locate, install or place wireless facilities in the public right-of-way.

Interference means any material and harmful impairment, physically or electronically of the operation, views, signals or functions of City property or third-party property.

Landscaped area means the area within the boundaries of a given lot, site or common development consisting primarily of plant material, including, but not limited to, grass, trees, shrubs, vines, ground cover, and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

Interior landscaped area means any landscaped area within a site exclusive of required perimeter landscaping.

Perimeter landscaped area means any required landscaped area that adjoins the exterior boundary of a lot, site or common development.

Laws means any and all applicable federal and State laws and applicable local ordinances, resolutions, regulations, administrative orders or other legal requirements.

Loading area means an off-street area used for the loading or unloading of goods from a vehicle in connection with the use of the site on which such area is located.

Lot means a parcel of property with a separate and distinct number or other identifying designation which has been created, assigned and recorded in the Office of the County Register of Deeds, as provided for by the North Dakota Century Code. Each individual lot is subject to the provisions of a particular base zoning district, and shall have a minimum frontage of 20 feet, except as provided in an approved planned unit development and/or creative subdivision.

Common development lot means when two or more contiguous lots are developed as part of a single development, these lots may be considered a single lot for the purposes of this chapter.

Corner lot means a lot located at the junction of at least two streets, private ways or courts or at least two segments of a curved street, private way or court, at which the internal angle of intersection is no greater than 135 degrees.

Double frontage lot means a lot, other than a corner lot, having frontage on two streets, private ways or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets or to the front line as determined at time of platting or as defined by this chapter. (Also known as a "through lot.")

Interior lot means a lot other than a corner lot.

Lot area means the total horizontal area within the lot lines of a lot.

Lot depth means the mean horizontal distance measured between the front and rear lot lines.

Lot line means a property boundary lines of record that divides one lot from another lot or a lot from the public or private street right-of-way or easement.

Front lot line means the lot line separating a lot and public or private street right-of-way or easement.

a.

For an interior lot, the lot line separating the lot from the right-of-way or easement.

b.

For a corner lot, ordinarily the shorter of the lot lines abutting a public or private street or easement. The owner and Building Official may agree to designate any lot line abutting a public street or otherwise noted on a final plat as the front lot line.

c.

For a double frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the front lot line shall be determined by the Building Official at the time of application for the original building permit for the lot, or as may be noted on the final plat.

Rear lot line means the lot line which is opposite and most distant from the front line.

Rear lot lines for corner lots means, on corner lots, the Building Official may designate the rear lot line, provided that such lot line does not define a street yard.

Side lot line means any lot line that is neither a front nor rear lot line. A side lot line separating a lot from a street, private way or court is a street side lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot width means the horizontal distance between the side lot lines at the minimum required front yard setback. Lot width is measured by determining the length of a line drawn parallel to the front lot line set back at the required minimum front yard setback.

MAA means a master attachment agreement between the City and a lessee that defines the general terms and conditions which govern their relationship with respect to particular sites at which the City agrees to permit lessee to install, maintain, and operate communications equipment on existing or new City-owned infrastructure. A map of all of the lessee's desired locations shall be submitted as part of the MAA application.

Maintenance facility means a public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

Manufactured home dwelling or Class A mobile home means a factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles; bears a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development; and which complies with the following architectural and aesthetic standards:

(1)

The home shall have at least 900 square feet of floor area;

(2)

The home shall have an exterior width of at least 20 feet;

(3)

The roof shall be pitched with a minimum pitch of 4:1;

(4)

The exterior material shall be or have the appearance of being wood siding or masonry, but shall not be sheet siding with a vertical orientation;

(5)

The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock;

(6)

Permanent utility connections shall be installed in accordance with local regulations;

(7)

The home shall have all wheels, axles, transporting lights, and towing apparatus removed; and

(8)

The home shall be installed upon a permanent foundation that is constructed and built in accordance with local regulations.

Mixed use building means a building or structure that incorporates two or more use types within a single building or structure, provided that each use type is permitted within the individual base zoning district in which the building or structure is to be located.

Mixed use development means a single development which incorporates complementary land use types into a single development.

Mobile home means a building type designed to be transportable in one or more sections, constructed on a permanent chassis or undercarriage, and designed to be used as a dwelling unit or other use with or without a permanent foundation when connected to the required utilities; or not otherwise satisfying the definition of the term "manufactured home dwellings."

Mobile home park means a unified development under common ownership, developed, subdivided, planned, and improved for the placement of mobile home units for non-transient use. The term "mobile home park" includes common areas and facilities for management, recreation, laundry, utility services, storage, storm shelter, and other services; but does not include mobile home sales lots on which unoccupied mobile homes are parked for the purposes of display; inspection, sale, or storage.

Mobile home subdivision means a development subdivided, planned, and improved for the placement of mobile home units on lots for uses by the individual owners of such lots. The term "mobile home subdivisions" may include common areas and facilities for management, recreation, laundry, utility services, storage, storm shelter, and other services; but does not include mobile home sales lots on which unoccupied mobile homes are parked for the purpose of display, inspection, sale, or storage.

Nonconforming development means a building, structure, or improvement which does not comply with the regulations for its zoning district set forth by this chapter but which complied with applicable regulations at the time of construction.

Nonconforming lot means a lot which was lawful prior to the adoption, revision, or amendment of the zoning ordinance from which this chapter is derived but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance. No action can be taken which would increase the nonconforming characteristics of the lot.

Nonconforming sign means a sign that was legally erected prior to the adoption, revision or amendment of the zoning ordinance from which this chapter is derived but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance. No action can be taken which would increase the nonconforming characteristics of the sign.

Nonconforming structure means a structure which was lawful prior to the adoption, revision, or amendment of the zoning ordinance from which this chapter is derived but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance. No action can be taken which would increase the nonconforming characteristics of the structure.

Nonconforming use means a land use which was lawful prior to the adoption, revision, or amendment of the zoning ordinance from which this chapter is derived but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance. No action can be taken which would increase the nonconforming characteristics of the land use.

Nuisance means an unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious, or offensive.

Open space means area included on any site or lot that is open and unobstructed to the sky, except for allowed projections of cornices, overhangs, porches, balconies, or plant materials.

Outdoor storage means the storage of materials, parts, or products that are related to the primary use of a site for a period exceeding three days. Motor vehicles, regardless of their mechanical state of operability, shall not be subject to the parameters of this section, even when serving as the product of the primary use of a site.

Overlay district means a district established by this article to prescribe special regulations to be applied to a site only in combination with a base district.

Owner means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

Park and recreation services means publicly owned and operated parks, playgrounds, recreation facilities, and open spaces.

Parking facility means an area on a lot and/or within a building, including one or more parking spaces, along with provision for access circulation, maneuvering, and landscaping, meeting the requirements of this chapter. Parking facilities include parking lots, private garages, and parking structures. Vehicle storage is distinct from parking, and is regulated by provisions in Article III of this chapter and Table 62-162-2. Vehicle storage is also governed by provisions of Article IX of this chapter.

Parking space means an area on a lot and/or within a building, intended for the use of temporary parking of a vehicle. The term "parking space" is used interchangeably with "parking stall." Each parking space must have a means of access to a public street by way of a driveway, access easement, or other connection. Tandem parking stalls in single-family detached, single family attached, and townhome residential uses shall be considered to have a means of access to a public street.

Paved means permanently surfaced with poured concrete, concrete pavers, or asphalt.

Permitted use means a land use type allowed as a matter of right in a zoning district, subject only to special requirements of this chapter.

Person means any natural or corporate person, business association or other business entity, including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.

Personal vehicles means shall mean passenger cars, vans, pick-up trucks, camper shells, toppers, and other similar appurtenances intended for attachment to a personal vehicle, trailers under 20 feet in length, and boats.

Planning commission means the Planning Commission of the City, as authorized pursuant to N.D.C.C. Ch. 40-47.

Planned unit development means a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Porch, unenclosed, means a roofed or unroofed open structure projecting from an exterior wall of a building and having no enclosed features more than 36 inches above its floor other than wire screening and a roof with supporting structure.

Postal facilities means postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

Premises means a lot, parcel, tract or plot of land, contiguous and under common ownership or control, together with the buildings and structure thereon.

Primary educational facilities means a public, private, or parochial school offering instruction at the elementary school level in the branches of learning study required to be taught in schools within the State.

Private garage means a building for the storage of motor vehicles where no repair service facilities are maintained and where no motor vehicles are kept for rental or sale.

Property line. See Lot line.

Public assembly means facilities owned and operated by a public agency or a charitable non-profit organization accommodating major public assembly for recreation, sports, amusement, or entertainment purposes. Typical uses include civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, incidental sales, and exhibition facilities.

Public right-of-way means the area on, below, or above a public roadway, highway, street, cart way, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service.

Recreational vehicle means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational, or sporting purposes. Recreational vehicles include, but are not limited to, travel trailers, campers; boats, and boat trailers.

Regulation means a specific requirement set forth by this chapter, which must be followed.

Religious assembly means a use located in a permanent building and providing regular organized religious worship and religious education incidental thereto (excluding private primary or private secondary educational facilities, community recreational facilities, day care facilities, and incidental parking facilities). A property tax exemption obtained pursuant to Property Tax Code of the State shall constitute prima facie evidence of religious assembly use.

Remote parking means a supply of off-street parking at a location not on the site of a given development.

RF means radio frequency.

Safety services means facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

Screening means the method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features as may be permitted by the landscape provisions of this chapter.

Secondary educational facilities means a public, private, or parochial school offering instruction at the junior high or high school level in the branches of learning and study required to be taught in the schools of the State.

Setback means the distance, as required by the minimum setbacks which establishes the horizontal components of the building envelope.

Sign means a symbolic, visual device fixed upon a building, structure, or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.

Site means the parcel of land to be developed or built upon. A site may encompass a single lot; or a group of lots developed as a common development under the special and overlay districts provisions of this chapter.

Site or premises, in the context of Section 62-473, means the area occupied by the wireless support structure, the wireless communications facility, accessory equipment, ground-mounted equipment, and the path of the wire or conduit connecting to an off-site network.

Site plan means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land; and any other information that may reasonably be requested by the City in order that an informed decision can be made on the associated request.

Special permit use means a use with operating and/or physical characteristics different from those of permitted uses in a given zoning district which may, nonetheless, be compatible with those uses under special conditions and with adequate public review. Special permit uses are allowed in a zoning district only at the discretion of and with the explicit permission of the Board of City Commissioners, upon the recommendation of the Planning Commission.

Story means the portion of a building included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between such floor and the next ceiling above it. A half-story under a sloped roof, the wall heights of which on at least two opposite, exterior walls are less than four feet.

Street means a right-of-way dedicated to public use which affords a primary means of access to the abutting property. The term "street" is intended to be inclusive of the term as defined in State statute.

Street, intersecting and principal, means in regard to a site, the principal street shall be the street to which the majority of lots on a block face are oriented; the intersecting street shall be a street other than a principal street.

Street, local, means a street which is used primarily for access to the abutting properties.

Street, major, means a street carrying traffic between neighborhoods, connecting neighborhoods with major activity centers, or accommodating major through traffic. Major streets are designated as collectors, arterials, or expressways by the Comprehensive Development Plan.

Street yard means the area of a lot or parcel which lies between any street property line and the fronting walls of any building or buildings on the parcel. The street yard follows all irregularities or indentations in the building, excluding minor irregularities such as porches or steps.

Structure means any object constructed or built, the use of which requires location on the ground or attachment to something located on the ground.

Supportive housing includes, but is not limited to, a combination of subsidized permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

Townhouse means a dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit.

Townhouse structure means a building formed by at least three contiguous townhouses with common or abutting walls.

Transient resident means someone who temporarily resides for generally less than 30 days or seasonally for less than three months during any 12-month period.

Transitional housing means a type of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing and independent living.

Unhoused facility means emergency housing with minimal supportive services for unhoused persons that is intended for occupancy of three months or less in a given year by an unhoused person.

Unhoused person means an individual who, or family which, lacks a fixed, regular and/or adequate nighttime residence.

Use means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

Utilities means any above ground structures or facilities, other than lines, poles, and other incidental facilities, used for the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, delivery, collection, or storage of water, sewage, electricity, gas, oil, energy media, communications, electronic or electromagnetic signals, or other services which are precedent to development and/or use of land. The term "communications towers," as defined in this section, are considered a miscellaneous use type and not a utility use type.

Wireless communications facility means any fixed tangible asset usable for the purpose of providing wireless transmission of voice, data, images or other signals or information, including, but not limited to, telecommunications, cellular telephone service, personal communications service and paging service. A wireless communications facility includes antennas and accessory equipment. The term "wireless communications facility" does not include an underlying wireless support structure.

Wireless support structure means any fixed, above-grade structure in the public right-of-way used to house or support wireless communications facilities and equipment.

Yard, required, means that portion of a lot which lies between a lot line and the corresponding building setback line or the required landscape area. This area shall be unoccupied and unobstructed from the ground upward except as may be specifically provided for or required by this chapter.

Corner front yard means the space extending the full width of a lot, lying between the front lot line and the front setback line.

Interior front yard means the space extending the full width of a lot, lying between the front lot line and the front setback line.

Rear yard means the space extending the full width of a lot, lying between the rear lot line and the rear setback line.

Side yard means the space extending the depth of a lot from the front to rear lot lines, lying between the side yard setback line and the interior lot line.

Street side yard means on a corner lot, the space extending from the front yard to the rear yard, between the street yard setback and the street side lot line.

Zoning Administrator means the designee of the Board of City Commissioners, responsible for the interpretation and administration of the City zoning ordinance (this chapter).

Zoning district means a designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in this chapter.

Code 1993, §§ 39.02.003—39.02.029; Ord. No. 1171, § 1; Ord. No. 1610, § 1; Ord. No. 1706, § 1; Ord. No. 1728, §§ 1—11; Ord. No. 1742, § 1; Ord. No. 1754, §§ 1—4; Ord. No. 1798, §§ 1—7, 6-4-2024; Ord. No. 1834 meeting, § 1, 10-21-2025)