(a)

Special districts provide for base districts that allow multiple land uses and flexible development, with the requirement that a specific plan for the area be submitted by applicants. Overlay districts are used in combination with base districts to modify or expand base district regulations. Overlay districts are adapted to special needs of different parts of the City.

(b)

The overlay districts are designed to achieve the following objectives:

(1)

To recognize special conditions in specific parts of the City which require specific regulation.

(2)

To provide flexibility in development and to encourage innovative design through comprehensively planned projects.

(Code 1993, § 39.05.001; Ord. No. 1171, § 1)

The PUD Planned Unit Development Overlay District is intended to provide flexibility in the design of planned projects; to permit innovation in project design that incorporates open space and other amenities; and to ensure compatibility of developments with the surrounding urban environment. The PUD District, which is adopted by the Board of City Commissioners with the recommendation of the Planning Commission, assures specific development standards for each designated project.

(Code 1993, § 39.05.006; Ord. No. 1171, § 1; Ord. No. 1470, § 1)

Uses permitted in a PUD Overlay District are those permitted in the ordinance adopting the PUD. Any use listed in this Code as a permitted or special use may be allowed. Any other use that the Board finds compatible with the existing and planned uses in the development and on adjacent properties may be allowed. However, each approved use must be listed in the PUD and included in the approval ordinance adopted by the Board. A PUD may be established exclusively for residential, commercial or industrial development or any combination of those types of development.

(Code 1993, § 39.05.007; Ord. No. 1171, § 1; Ord. No. 1470, § 1)

A property owner shall have the option of choosing to conform with the underlying zoning district regulations or the established PUD approval, if the PUD was adopted by the Board prior to the adoption of the zoning ordinance from which this chapter is derived.

(Code 1993, § 39.05.008; Ord. No. 1171, § 1; Ord. No. 1470, § 1)

Each PUD District must abut a public street for at least 50 feet and gain access from that street.

(Code 1993, § 39.05.009; Ord. No. 1171, § 1)

Development plan. The application for a PUD District shall include a development plan containing the following information:

(1)

A tract map, showing site boundaries, street lines, lot lines, easements, and proposed dedications or vacations.

(2)

A land use plan designating specific uses for the site and establishing site development regulations, including setback height, building coverage, impervious coverage, density, and floor area ratio requirements.

(3)

A site development and landscaping plan, showing building locations, or building envelopes; site improvements; public or common open spaces; community facilities; significant visual features; and typical landscape plans.

(4)

A circulation plan, including location of existing and proposed vehicular and pedestrian facilities and location and general design of parking and loading facilities.

(5)

Schematic architectural plans and elevations sufficient to indicate a building height, bulk, materials, and general architectural design.

(6)

A statistical summary of the project, including gross site area, net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface percentages.

(Code 1993, § 39.05.010; Ord. No. 1171, § 1)

(a)

The Planning Commission and Board of City Commissioners shall review and evaluate each planned unit development application. The City may impose reasonable conditions, as deemed necessary to ensure that a PUD shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

(b)

The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.

(c)

The Planning Commission may recommend amendments to PUD District applications.

(d)

The recommendation of the Planning Commission shall be transmitted to the Board of City Commissioners for final action.

(e)

The Board of City Commissioners, after proper notice, shall act upon any ordinance establishing a PUD Planned Unit Development Overlay District. Proper notice shall mean the same notice established for any other zoning amendment.

(f)

An ordinance adopting a PUD Planned Unit Development Overlay District shall require a favorable simple majority of the Board of City Commissioners for approval.

(g)

Upon approval by the Board of City Commissioners, the development plan shall become a part of the ordinance creating or amending the PUD District. All approved plans shall be filed with the Zoning Administrator.

(Code 1993, § 39.05.011; Ord. No. 1171, § 1)

Major amendments to the development plan must be approved according to the same procedure set forth in Section 62-193.

(Code 1993, § 39.05.012; Ord. No. 1171, § 1)

The City shall not issue a building permit, Certificate of Occupancy, or other permit for a building, structure, or use within a PUD District unless it is in compliance with the approved development plan or any approved amendments.

(Code 1993, § 39.05.013; Ord. No. 1171, § 1)

If no substantial development has taken place in a PUD District for one year following approval of the district, the Planning Commission shall reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property.

(Code 1993, § 39.05.014; Ord. No. 1171, § 1)

This district is intended to permit limited agricultural activities in combination with residential land uses. It recognizes the rural character of areas adjacent to the City which may combine residential development at moderate densities with certain farm uses, including the raising of crops and animals, and the storage of agricultural products. It further recognizes that such uses should be strictly controlled in order to minimize effects on neighboring properties.

(Code 1993, § 39.05.015; Ord. No. 1171, § 1)

This district may be used only in combination with any zoning district.

(Code 1993, § 39.05.016; Ord. No. 1171, § 1)

In addition to those uses permitted in the base district, the following additional uses are permitted in the A District:

(1)

Horticulture.

(2)

Crop production.

(3)

Storage and sales of agricultural products, provided that a buffer of at least 30 feet is provided between this use and any adjacent lot within a residential zoning district.

(Code 1993, § 39.05.017; Ord. No. 1171, § 1)

(a)

The Planning Commission and Board of City Commissioners shall review and evaluate each A Overlay District application.

(b)

The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.

(c)

The Planning Commission may recommend amendments to A District applications.

(d)

The recommendation of the Planning Commission shall be transmitted to the Board of City Commissioners for final action.

(e)

The Board of City Commissioners shall act upon any Ordinance establishing an A Overlay District.

(f)

The ordinance adopting the A District shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.

(g)

An ordinance adopting an A Overlay District shall require a favorable vote of a simple majority of the Board of City Commissioners for approval.

(h)

Upon approval by the Board of City Commissioners, each A Overlay District shall be shown on the Zoning Map, identified sequentially by order of enactment and referenced to the enacting ordinance.

(i)

Any protest against an A Overlay District shall be made and filed as provided by the Century Code of North Dakota, and amendments thereto.

(Code 1993, § 39.05.018; Ord. No. 1171, § 1)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Actuarial rates or risk premium rates means those established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 USC 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances.

Appeal means a request for a review of the Zoning Administrator's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

Base flood elevation means elevation indicated in the official floodplain study as the elevation of the 100-year flood.

Base flood protection elevation means an elevation one foot higher than the water surface elevation of the base flood.

Channel means a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel.

Community means any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the area within its jurisdiction.

Development means any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Existing construction means (for the purposes of determining rates) structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. The term "existing construction" may also be referred to as "existing structures."

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Flood Insurance Study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.

Flood Insurance Study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

Flood protection system means those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard. Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound engineering standards.

Floodplain (FP) means that area of the floodplain, outside of the floodway, that on an average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).

Floodplain management means the operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plan, flood control works, and floodplain management regulations.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy.

Floodway (FW) means the channel of a river or other watercourse and the adjacent portion of the floodplain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the floodplain.

Freeboard means a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. The term "freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the heights calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfurnished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New construction means structures for which the start of construction or substantial improvement is commenced on or after the effective date of the FIRM.

100-year flood means the base flood having a one percent chance of annual occurrence.

Overlay district means a district which acts in conjunction with the underlying zoning districts.

Start of construction means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L 97-348) includes substantial improvement, and means the date the building permit was issued, providing the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The term "actual start" means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of street and/or walkways, nor does it include excavation for a basement, footings, or foundations or the erection of temporary forms, nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

Substantial improvement.

(1)

The term "substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred.

(2)

For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(3)

The term "substantial improvement" does not, however, include either:

a.

Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state Inventory of Historic Places.

Variance means a grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

(Code 1993, § 39.05.028; Ord. No. 1171, § 1)

It is the purpose of this division to promote the public health, safety and general welfare and to minimize those losses described in Section 62-292 by applying the provisions of this division to:

(1)

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

(2)

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

(3)

Protect individuals from buying lands which are unsuitable for intended purposes because of flood hazard.

(4)

Ensure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program when identified by the Federal Insurance Administration as a floodprone community.

(Code 1993, § 39.05.019; Ord. No. 1171, § 1)

(a)

Flood losses resulting from periodic inundation. Flood hazard areas of the City, are subject to inundation which results in loss of life or property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(1)

General causes of these flood losses. These flood losses are caused by:

a.

The cumulative effect of obstruction in floodways causing increases in flood heights and velocities;

b.

The occupancy of flood areas by uses vulnerable to floods or hazardous to other which are inadequately elevated or otherwise protected from flood damages.

(2)

Methods used to analyze flood hazards. This division uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.

a.

Selection of a base flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The base flood selected for this chapter is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to have a one percent change of occurrence in anyone year, as delineated by applicable Flood Insurance Studies and the Federal Emergency Management Administration's Flood Insurance Rate Maps and Flood Boundary and Floodway Map, or any subsequent effective Flood Insurance Studies, Rate Maps, and Flood Boundary and Floodway Maps issued after the effective date of the ordinance from which this article is derived and adopted by the City.

b.

Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the base flood.

c.

Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point.

d.

Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.

e.

Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the base flood.

(b)

Land to which division applies. This division shall apply to all lands within the jurisdiction of the City identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A zones and/or within the overlay districts FP and FW established in this division. In all areas covered by this division, no development shall be permitted except upon a permit to develop granted by the Board of City Commissioners or its duly designated representative under such safeguards and restrictions as the Board of City Commissioners may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community as contained in the City Code.

(c)

Enforcement officer. The Zoning Administrator of the City is hereby designated as the Board of City Commissioners' duly designated enforcement officer under this division. Unless otherwise provided by the Board of City Commissioners, the Natural Resources Commission shall assist the City on interpretation of floodplain/floodway rules and regulations. The enforcement officer shall obtain comments from the NRC as part of a review of all proposed activity in this overlay district.

(d)

Rules for interpretation of district boundaries. The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment will resolve the dispute. The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present a case to the Board and to submit technical evidence if so desired.

(e)

Compliance. No development located within known flood hazard areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

(f)

Abrogation and greater restrictions. It is not intended by this division to repeal, abrogate or impair any existing easements, covenants or deed restriction. However, where this division imposes greater restrictions, the provision of this division shall prevail. All other ordinances inconsistent with this division are hereby repealed to the extent of the inconsistency only.

(g)

Interpretation. In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State statute.

(h)

Warning and disclaimer of liability. The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This division shall not create liability on the part of the City or any officer or employee thereof for any flood damages that may result from reliance on this division or any administrative decision lawfully made thereunder.

(i)

Application for appeal. Where a request for a permit to develop is denied by the Zoning Administrator, the applicant may apply for such permit or variance directly to the Board of Adjustment. Procedures for appeals to the Board of Adjustment shall proceed as set forth by Section 62-60(b).

(Code 1993, § 39.05.020; Ord. No. 1171, § 1)

(a)

Permit required. No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in Subsection (c) of this section.

(b)

Administration.

(1)

The Zoning Administrator is hereby appointed to administer and implement the provisions of this division.

(2)

Duties of the Zoning Administrator shall include, but not be limited to:

a.

Review of all development permits to ensure that sites are reasonable, safe from flooding and that the permit requirements of this division have been satisfied.

b.

Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, State or local governmental agencies from which prior approval is required.

c.

Ensure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

d.

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

e.

Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.

f.

When floodproofing is utilized for a particular structure, the Zoning Administrator shall be presented with certification from a registered professional engineer or architect.

(c)

Application for permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:

(1)

Identify and describe the work to be covered by the permit.

(2)

Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indicate the use or occupancy for which the proposed work is intended.

(4)

Be accompanied by plans for the proposed construction.

(5)

Be signed by the permittee or an authorized agent who may be required to submit evidence to indicate such authority.

(6)

Give such other information as reasonably may be required by the Zoning Administrator.

(Code 1993, § 39.05.021; Ord. No. 1171, § 1)

The mapped floodplain area within the jurisdiction of this division are hereby divided into the two following districts: An FW Overlay District and an FP Overlay District as identified in the official floodplain study. Within these districts, all uses not meeting the standards of this division and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones as identified on the official FIRM when identified in the Flood Insurance Study provided by the Federal Insurance Administration.

(Code 1993, § 39.05.022; Ord. No. 1171, § 1)

(a)

No permit for development shall be granted for new construction, substantial improvement or other improvements including the placement of manufactured homes within the identified floodplain unless the conditions of this section are satisfied.

(b)

All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this division. If Flood Insurance Study Data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction. Further, in cases of proposed development within unnumbered A Zones, the developer's engineer shall be required to conduct the necessary studies to determine the 100-year flood elevation and its extent in relation to such development.

(c)

New construction, subdivision proposals, substantial improvement, prefabricated building, placement of manufactured homes and other development shall require:

(1)

Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effect of buoyancy.

(2)

New or replacement water supply systems and/or sanitary sewage systems designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

(3)

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(4)

All utility and sanitary facilities be elevated or floodproofed one foot above the regulatory flood elevation. Such floodproofing is permitted only for nonresidential properties.

(5)

That until a floodway has been designated, no development including landfill, may be permitted within the identified floodplain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one foot on the average cross section of the reach in which the development or landfill is located as shown in the official floodplain study incorporated by reference herein.

(6)

Storage of materials and equipment.

a.

The storage of processing materials that are in time of flooding buoyancy, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b.

Storage of other materials or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(7)

Subdivision proposals and other proposed new development, including manufactured home parks or subdivision, be required to ensure that:

a.

All such proposals are consistent with the need to minimize flood damage.

b.

All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.

c.

Adequate drainage is provided so as to reduce exposure to flood hazards.

d.

Proposals for development (including proposals for manufactured home parks and subdivisions) of five acres or 50 lots, whichever is less, include within such proposals the regulatory flood elevation.

(Code 1993, § 39.05.023; Ord. No. 1171, § 1)

(a)

Permitted uses. Any use permitted in the underlying base district shall be permitted in the FP Overlay District. No use shall be permitted in the district unless the standards of this section are met.

(b)

Standards for the FP Overlay District.

(1)

Any new construction or substantial improvements of residential structures shall have the lowest floor, including basement elevated one foot above the base flood elevation.

(2)

Any new construction or substantial improvements of nonresidential structures shall have the lowest flood, including basement elevated one foot above the base flood elevation, or, together with attendant utility and sanitary facilities, shall be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro-dynamic loads and effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 62-95(c). Such floodproofing is permitted only for nonresidential properties.

(3)

All new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designated to automatically equalize hydro-static flood forces or exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by the registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be not higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

a.

Below-grade residential crawlspace construction. New construction and substantial improvement of any below-grade crawlspace shall:

1.

Have the interior grade elevation that is below base flood elevation no lower than two feet below the lowest adjacent grade.

2.

Have the height of the below-grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceeding four feet at any point.

3.

Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood.

4.

Be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads.

5.

Be constructed with materials and utility equipment resistant to flood damage.

6.

Be constructed using methods and practices that minimize flood damage.

7.

Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

8.

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(i)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(ii)

The bottom of all openings shall be no higher than one foot above grade;

(iii)

Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

b.

Within AH Zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(4)

Manufactured homes.

a.

All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local Building Codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

1.

Over-the-top ties shall be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations, and manufactured homes less than 50 feet long requiring one additional tie per side.

2.

Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side.

3.

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

4.

Any additions to manufactured homes shall be similarly anchored.

b.

All manufactured homes to be placed within Zones A1-30, AH and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of the State Building Code.

(5)

AO Zones: special regulations. Located within the areas of special flood hazard are areas designated as AO Zones. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. Therefore, the following provisions apply with AO Zones:

a.

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot above the depth number specified in feet on the community's FIRM.

2.

Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy. Such certification shall be provided to the official as set forth in Section 62-95(c).

3.

Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

(Code 1993, § 39.05.024; Ord. No. 1171, § 1; Ord. No. 1246, § 1)

Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the FW Overlay District to the extent that they are not prohibited by any other ordinance and, provided that they do not require structural fill or storage of materials or equipment. No use shall increase the flood levels of the base flood elevation. These uses are subject to the standards and requirements of Section 62-95.

(1)

Agricultural uses such as general farming, pasture, nurseries, forestry.

(2)

Accessory residential uses such as lawns, gardens, parking and play areas.

(3)

Nonresidential areas such as loading areas, parking, and airport landing strips.

(4)

Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. New placement of residential structures including manufactured homes are prohibited within the identified floodway area.

(5)

In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through federal, State or local sources in meeting the standards of this section.

(Code 1993, § 39.05.025; Ord. No. 1171, § 1)

(a)

The Board of Adjustment, as established by the City, shall hear and decide appeals and requests for variances from the requirements of this division.

(b)

The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this division.

(c)

Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Board of City Commissioners as provided by the Century Code of North Dakota.

(d)

In passing upon such applications, the Board of Adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this division, and:

(1)

The danger that materials may be swept onto other lands to the injury of others.

(2)

The danger of life and property due to flooding or erosion damage.

(3)

The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed facility to the community.

(5)

The necessity to the facility of a waterfront location, where applicable.

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(7)

The compatibility of the proposed use with existing and anticipated development.

(8)

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area.

(9)

The safety of access to the property in time of flood for ordinary and emergency vehicles.

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site.

(11)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(e)

Conditions for variance.

(1)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre of less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (e)(2) through (6) of this section have been fully considered. As the lot size increases beyond one half acre, the technical jurisdiction required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(3)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

In addition to the criteria for variances set forth in Section 62-61(3), variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(6)

Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Code 1993, § 39.05.026; Ord. No. 1171, § 1)

(a)

Continuance of nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this division may be continued subject to the following conditions:

(1)

No such use or substantial improvement of that use shall be expended, changed, enlarged, or altered in a way which increases its nonconformity.

(2)

If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this division. The Utility Department shall notify the Building Inspector in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.

(3)

Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue a nonconforming use.

(b)

Replacement of residential uses. If any residential nonconforming use of structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred within those areas identified as floodways. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(c)

Replacement of nonresidential uses. If any nonresidential nonconforming use of structure is destroyed by any means, including flood, it should not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this division. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Code 1993, § 39.05.027; Ord. No. 1171, § 1)

The purpose of the Corridor Overlay District for transportation corridors identified herein is to promote and protect the public health, safety and welfare by providing for consistent and coordinated treatment of properties bordering and within the identified transportation corridors in the City, and in the City's extraterritorial zoning jurisdiction (ETZ). The identified corridors are important transportation corridors, and will continue as such with future growth of the City. These transportation corridors are expected to carry significant volumes of traffic, making development along these transportation corridors highly visible to the traveling public. Therefore, it is the purpose of this district to ensure high aesthetic quality of development along these important transportation corridors through:

(1)

The establishment of enhanced standards for buildings, landscaping, and other improvements constructed on the properties bordering and within the identified transportation corridors; and

(2)

The establishment of development requirements which will encourage high quality of design of development of those properties and promote the quality, scale, and character of development consistent with existing and planned uses bordering and within the identified transportation corridors.

(Code 1993, § 39.05.030)

The boundaries of the Corridor Overlay Districts are hereby established as follows: All structures and/or lots that are within 400 feet of either side of the right-of-way (existing or future if additional right-of-way is required, whichever is greater) for the following identified corridors:

(1)

Highway 22 a/k/a Third Avenue West.

(2)

I-94 Highway Corridor.

(3)

Villard Street.

(4)

I-94 Business Loop (East and West).

(5)

State Avenue.

(6)

10th Avenue East.

(7)

21st Street (East and West).

(8)

34th Street SW a/k/a 40th Street.

(9)

30th Avenue West.

(10)

33rd Street SW one-mile west of the intersection of Hwy 22 and 33 Street SW.

(11)

Exit 56 Truck Bypass.

(12)

Highway 10.

(13)

116th Avenue SW.

(14)

15th Street West.

(15)

12th Street West.

(16)

Museum Drive West.

(17)

14th Street (East and West).

(18)

Second Avenue West, north of I-94.

(19)

16th Street West.

(20)

Western Drive.

(21)

Fairway Street.

(Code 1993, § 39.05.031; Ord. No. 1604, § 5; Ord. No. 1625, § 1; Ord. No. 1819 meeting, § 1, 6-3-2025)

The Corridor Overlay District provisions apply to any base zoning district set forth in this chapter that exists within the defined overlay area. Permitted uses shall be subject to the provisions of this section and shall be further subject to requirements of the applicable base zoning district.

(Code 1993, § 39.05.032)

(a)

These standards apply to sites (including all principal and accessory buildings) that are within the Corridor Overlay District unless otherwise specified herein, and apply to all use categories.

(b)

Farm structures are exempt from these requirements provided they meet the base zoning district requirements.

(c)

Existing single-family structures are exempt from these requirements provided they meet the base zoning district requirements.

(d)

Expansions to buildings that exist on the date this chapter is adopted are exempt from the requirements of this chapter for any building additions that do not exceed 50 percent of the existing building square footage. If multiple building expansions are conducted after the adoption of this chapter, the expansion that causes the total square footage of expansions to reach or exceed a 50 percent expansion of the original building square footage shall thereafter be required to conform to the requirements of this chapter.

(e)

If overlapping regulations appear in other sections of this Land Development Code, those regulations stated herein shall take precedence.

(f)

Unless otherwise noted in this section, the standards of the underlying base zoning districts shall apply.

(Code 1993, § 39.05.033; Ord. No. 1604, § 5; Ord. No. 1625, § 1)

(a)

Building design.

(1)

Building design shall incorporate materials to convey permanence, substance, timelessness, and restraint. Each building shall be constructed with one or more of the following materials consisting of at least 50 percent of the exterior materials.

(2)

Any exterior building wall visible from the corridor shall be constructed of one or more of the following (minimum of 50 percent):

a.

Clay or masonry brick.

b.

Customized concrete masonry with striated, scored, or broken faced brick type units (sealed) with color consistent with design theme.

c.

Poured in place, tilt-up, or precast concrete. Poured in place and tilt-up walls shall have a finish of stone, a texture, or a coating.

d.

Architectural flat metal panels or glass curtain walls.

e.

Stucco or exterior finish insulation systems (EFIS).

(b)

Natural stone. Residential grade permanent siding, provided that buildings are enhanced by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia, overhangs, and trim. Wooden siding may be used as a substitute for residential grade permanent siding.

(c)

Metal siding systems. Metal siding systems may be used along the corridor, provided that metal is limited to 70 percent of the building face. In addition, the building must be enhanced by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia, overhangs, and trim.

(d)

Additional materials. Additional materials may be approved by the City Planner, provided that the substituted or additional materials meet the purpose and intent of this division and are similar in nature to those specified materials herein.

(e)

Non-decorative exposed concrete and metal. Non-decorative exposed concrete block and non-decorative metal buildings are prohibited.

(f)

Ground floor building façades. Ground floor building façades of commercial and office buildings visible from identified corridors shall have a minimum of 20 percent glass windows.

(g)

Building façade that exceeds 100 feet. Any portion of a building façade that exceeds 100 feet shall incorporate windows or architectural and design elements to break up the expanse of wall. Examples include, but are not limited to, windows, lighting, material changes, articulated wall surfaces, architectural treatments such as sculptured wall features or shadow lines, vertical accents, texture changes or color changes. Landscaping may be used in combination with the design elements listed above.

(h)

Sloped roofs. Sloped roofs shall not exceed 100 feet in length without a change in roof plane, or gable, or dormer.

(i)

Mass and scale of buildings. Building design shall incorporate architectural characteristics that emphasize human scale design features, and minimize the mass and scale of buildings through the use of features, including, but not limited to, variation in the rooflines and form, designs that visually define tops and bottoms of buildings, use of protected or recessed entries, use of vertical elements on or in front of expansive blank walls, use of focal points, inclusion of windows on elevations facing streets and pedestrian areas.

(j)

Building entrances. Building entrances, excluding emergency exits, shall be designed as focal points and shall be enhanced through the use of elements such as canopies, overhangs, peaked roofs, paving materials, planters, landscaping features, and outdoor seating areas.

(k)

Roof-mounted and ground-mounted mechanical equipment. Roof-mounted and ground-mounted mechanical equipment shall be fully screened from the identified corridor. Penthouses for mechanical equipment shall be incorporated into the building façade design, consistent with the exterior building design requirements.

(l)

Exterior mechanical equipment. Exterior mechanical equipment shall be shielded in a manner that protects adjacent properties from visual impacts and noise levels.

(m)

Catalog of approved building designs and materials. To assist in the interpretation of the above regulations, the Planning Department shall maintain a catalog of approved building designs and materials as a reference.

(n)

Multi-building or mixed use projects.

(1)

Prior to issuance of a building permit on a multi-building development, the applicant shall submit plans that demonstrate the use of consistent design elements throughout the project. Subsequent building permits shall conform to the design elements presented.

(2)

Multi-building developments shall include prominent focal points, which shall include, but not be limited to architectural structures, art, historical and/or landscape features. These features shall be located at, or visible from, vehicular and pedestrian entrances to the site.

(3)

Freestanding garage clusters of multiple family residential sites shall not be placed along the corridor overlay districts unless the overall appearance is similar to the primary residential building.

(o)

Site design.

(1)

Building and parking setbacks. Buildings on sites located at major intersections along the identified corridor (i.e., at intersections with designated future arterial roadways or traffic corridors as identified herein) shall be sited in the corner of the intersection with parking areas in the rear or side yard.

(2)

Prevailing setback. The City Planning Director shall consider all site design proposals with the requirements set forth herein. In those instances in which a prevailing setback has previously been established, the City Planning Director may require compliance with the prevailing setback rather than the provisions set forth below.

(p)

Natural features. Significant natural or existing features, such as drainage swales, existing trees, and shelterbelts, shall be incorporated into the site design to the extent that retention of the feature allows reasonable use of the site, as determined by the City Planning Director.

(q)

Functional site elements. Trash enclosures and trash compactors shall be located such that they are not visible from the identified corridor.

(r)

Outdoor storage. Outdoor storage that does not consist of display of merchandise shall be located such that it is not visible from the identified corridor, by placing the outdoor storage on the opposite side of the building from the identified corridor, or by placing outdoor storage in an enclosed area that has the appearance of being integral to the building. All outdoor storage shall be fully screened from view through the use of an opaque decorative fencing material or architectural screen walls.

(s)

Loading and delivery areas. Loading and delivery areas shall not be located along the front or side of the building that fronts upon the identified corridor, unless compliance is not reasonable feasible. Such areas shall be screened from view through the use of landscaping or architectural building elements that are consistent with the architecture and building materials used in the primary buildings.

(t)

Contractor yards, service yards, etc. Contractor yards, service yards, heavy equipment, salvage, and items of a similar nature shall be located away from public street frontages and shall be screened with opaque fencing.

(u)

Pedestrian accommodations for commercial projects.

(1)

Pedestrian walkways shall be provided between building entrances/exits and parking areas, and within parking areas to provide a designated walking area, especially where there is a need to connect dispersed buildings with parking areas.

(2)

Pedestrian walkways shall be provided between buildings and sidewalks or multi-use paths along adjacent streets.

(3)

On multi-building sites and mixed use sites, the site design shall provide functional pedestrian spaces, plazas, and seating areas between or in front of buildings. Designs shall include some areas with weather protection, such as overhangs, awnings, and canopies to increase usefulness in a variety of weather conditions.

(4)

Canopy shade trees, landscape features, and seating, or other pedestrian amenities near colonnades, storefronts, and pedestrian routes shall be incorporated into the site.

(v)

Lighting for commercial projects.

(1)

Pedestrian scale lighting fixtures shall be provided in areas designed for pedestrian activity (walkways, plazas, outdoor seating areas).

(2)

Lighting fixtures shall coordinate and complement the general architectural style of the development.

(3)

Decorative lighting should accent entryways and other site focal points, such as significant architectural, landscaping, or artistic features shall be provided, within the first 100 feet of private properties ingress/egress along and adjacent to the corridor rights-of-way for adherence to the decorative lighting requirement.

(w)

Administration, submittal of plans. All plans for construction and renovation of structures within the district shall be submitted to the City Planning Director or a designee. The owner of the property to be constructed upon or renovated, or their authorized agent, shall submit two full sized and to-scale plans and two reduced copies of the necessary drawings to the planning staff.

(x)

Appeals.

(1)

Any applicant may appeal a decision of the City Planning Director on the interpretation of the requirements herein. The appeal shall be filed with the City Planning Director within ten business days following the decision.

(2)

The City Planning Director will notify all property owners abutting the subject property prior to the Planning Commission taking action on the appeal.

(3)

The applicant or any property owner shall have the right to appeal the decision of the Planning Commission to the Board of City Commissioners.

(4)

The appeal fee shall be established by the Board of City Commissioners and included in the City's fee schedule.

(Code 1993, § 39.05.034; Ord. No. 1454§ 1; Ord. No. 1625, § 1)

The purpose of the West Villard Overlay District is to allow existing residential dwelling units in commercial districts within a designated overlay district and to allow the conversion of existing single-family residential structures in commercial districts into limited nonresidential uses that support existing residential uses, and to promote connections between the subject area and the West Villard Street Commercial District.

(Code 1993, § 39.05.040; Ord. No. 1538, § 1; Ord. No. 1705, § 1)

The West Villard Overlay District boundary shall be as follows: one block north of Villard Street between State Avenue and 5th Avenue West, and one block south of Villard Street between State Avenue and 8th Avenue West.

(Code 1993, § 39.05.041; Ord. No. 1538, § 2)

(a)

All residential dwelling units in commercial districts within the West Villard Overlay District existing on the effective date of the ordinance from which this division is derived shall be considered to be lawfully conforming permitted uses. No additional residential dwelling units in commercial districts shall be permitted, unless established prior to the effective date of the ordinance from which this division is derived. Any residential dwelling unit in a commercial district that has been converted into a nonresidential use from that point on may only be used for nonresidential uses.

(b)

Any existing residential structure that is damaged to the extent that the cost of restoration exceeds 50 percent of the replacement cost of the structure may be rebuilt as long as the structure does not exceed the existing building's original footprint.

(Code 1993, § 39.05.042; Ord. No. 1625, § 1; Ord. No. 1705, § 2)

The use of the West Villard Overlay District shall be restricted to properties located on the West Villard Overlay District map maintained by the Zoning Administrator.

(Code 1993, § 39.05.043; Ord. No. 1705, § 3)

(a)

Uses permitted in single-family residential structures on commercially zoned properties within the West Villard Overlay District shall be limited to either residential uses and/or the following nonresidential uses:

(1)

Office uses;

(2)

Civic uses, including, but not limited to, studios and galleries;

(3)

Personal services;

(4)

Limited food sales, including, but not limited to, coffee shops, small delis, bakery shops);

(5)

General restaurants;

(6)

Personal improvement services;

(7)

Consumer services;

(8)

Limited retail services;

(9)

Pet services;

(10)

Business support services; and

(11)

Accessory dwelling units.

(b)

The sale and/or serving of alcohol and/or the sale of tobacco and vaping products within the West Villard Overlay District is limited to establishments with direct access to Villard Street West.

(Code 1993, § 39.05.044; Ord. No. 1705, § 4)

It is the intent of the overlay district to allow for the continued use of residential structures on commercially zoned properties. Development standards for residential uses on commercially zoned properties shall be those of the R-3 District.

(1)

Development standards of the R-3 District shall apply. Maximum height shall be restricted to 35 feet.

(2)

Existing single-family uses shall meet the minimum residential parking requirement of two off street parking spaces per residence as found in Article IX of this chapter.

(3)

If a single-family structure in a commercial district within the overlay district is converted into a commercial use the parking requirements shall be those of the underlying zoning district.

(4)

Single-family dwelling units on commercially zoned properties that have been converted to nonresidential uses shall conform to all applicable Building Code and ADA requirements.

(5)

The maximum square feet of nonresidential uses permitted in a converted single-family structure in a commercial district shall be limited to the existing footprint of the residence.

(6)

The appearance of the building/dwelling unit shall be clearly residential in nature. No commercial display windows or storefront type of building shall be permitted. No outside display, storage, or use of land is permitted.

(7)

If the single-family structure in a commercial district is converted entirely into a nonresidential use a portion of the building may be used as a residence as long as it complies with the accessory dwelling unit requirements in Article IX of this chapter,

(8)

Specific standards for nonresidential uses in single-family structures.

a.

No activities associated with the operations of a business, other than grounds maintenance, shall be permitted in required yards adjacent to residential uses.

b.

Outside lighting shall be restricted to motion-activated security lighting that meets the City's lighting requirements.

c.

Dumpsters shall be fully enclosed.

d.

Signage shall be as provided in this Code with the following exceptions:

1.

Pole signs and pylon signs shall be prohibited. Ground signs shall be limited to one monument sign with a total square footage of 32 square feet of aggregate sign area and not exceeding eight feet in height.

2.

Pennants and banners shall be prohibited.

3.

Only one wall sign with a total square footage of eight square feet of aggregate sign area shall be permitted on the front façade of the building. The color and material of the wall sign shall match the exterior of the building.

(Code 1993, § 39.05.055; Ord. No. 1628, § 1; Ord. No. 1700, § 2; Ord. No. 1705, § 5)

The purpose of the Downtown Overlay District is to allow existing single-family detached residential dwelling units in commercial districts within a designated overlay district and to allow the conversion of existing single-family structures into nonresidential uses that support existing single-family uses and encourage a walkable downtown with niche retail uses. This purpose is consistent with the City's Comprehensive Plan and promotes the City's Renaissance Zone Development Plan.

(Code 1993, § 39.05.050; Ord. No. 1628, § 1)

The Downtown Overlay District boundary shall be generally comprised of all commercially zoned properties located two blocks north of Villard Street between 4th Avenue East and 1st Avenue East, three blocks north of Villard Street between 2nd Avenue East and 3rd Avenue West; and two blocks north of Villard Street between 3rd Avenue West and 5th Avenue West.

(Code 1993, § 39.05.051; Ord. No. 1628, § 1; Ord. No. 1700, § 1)

All detached single-family residential dwelling units in commercially zoned districts within the Downtown Overlay District existing on the effective date of the ordinance from which this chapter is division shall be considered to be lawfully conforming permitted uses. No additional single-family residential dwelling units shall be permitted, unless established prior to the effective date of the ordinance from which this division is derived.

(Code 1993, § 39.05.052; Ord. No. 1628, § 1)

The use of the Downtown Overlay District shall be restricted to properties located on the Downtown Overlay District map maintained by the Zoning Administrator.

(Code 1993, § 39.05.053; Ord. No. 1628, § 1)

Uses permitted in single-family residential structures within the Downtown Overlay District shall be limited to either single-family residential and/or the following nonresidential uses:

(1)

Office uses;

(2)

Civic uses;

(3)

Personal services;

(4)

Restaurants,

(5)

Cocktail lounges;

(6)

Consumer services;

(7)

Limited retail services;

(8)

Pet services;

(9)

Business support services; and

(10)

Accessory dwelling units.

(Code 1993, § 39.05.054; Ord. No. 1628, § 1)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means the Dickinson Theodore Roosevelt Regional Airport.

Airport elevation means the highest point of Dickinson Theodore Roosevelt Regional Airport's usable landing area measured in feet from sea level. Note: The airport elevation for Dickinson Theodore Roosevelt Regional Airport is the elevation of the Runway 25 end (2,592.2 feet above mean sea level).

Airport imaginary surfaces means those imaginary areas in space which are defined by the approach surface, transitional surface, horizontal surface, and conical surface and in which any object extending above these imaginary surfaces is an obstruction.

Approach surface means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

Conical surface means a surface extending 20 feet outward for each one foot upward (20:1) for 4,000 feet beginning at the edge of the horizontal surface.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height means sea level elevation. For the purpose of determining the height limits in all zones set forth in this article and shown on the exhibit attached to the ordinance from which this division is derived, entitled, "Exhibit A. Dickinson Theodore Roosevelt Regional Airport Height Restriction Map," the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of Runway 7-25 and swinging arcs of 10,000 feet from the center of each end of Runway 14-32 and connecting the adjacent arcs by lines tangent to those arcs.

Nonconforming use means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this division or an amendment thereto.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height of this division.

Person means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Place of public assembly means structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, or similar activity.

Primary surface means a surface longitudinally centered on a runway that extends 200 feet beyond each end of that runway. The width of the primary surface is 500 feet for Runway 7-25 and 1,000 feet for Runway 14-32.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Runway 14-32 means an 8,900-foot runway with the following runway end descriptions:

(1)

Runway 14: latitude N. 46°48'53.894" longitude W. 102°48'57.899" elevation 2,590.9 feet.

(2)

Runway 32: latitude N. 46°47'37.514" longitude W. 102°47'54.682" elevation 2,582.3 feet.

Runway 7-25 means a 4,699-foot runway with the following runway end descriptions:

(1)

Runway 7: latitude N. 46°47'46.487" longitude W. 102°48'41.996" elevation 2,571.7 feet.

(2)

Runway 25: latitude N. 46°47'54.755" longitude W. 102°47'35.537" elevation 2,592.2 feet.

Runway protection zone (RPZ) means an area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. It begins 200 feet beyond the end of the area usable for takeoff or landing. The RPZ dimensions are functions of the type of aircraft and operations to be conducted on the runway.

Structure means an object, including a mobile object, constructed or installed by man, including, without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Transitional surfaces means these surfaces extend seven feet outward for each one foot upward (7:1) beginning on each side of the primary surface and extend upward to a height of 150 feet above the airport elevation to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Tree means any object of natural growth.

Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

(Code 1993, § 39.05.056.001; Ord. No. 1648, § 1)

(a)

The purpose of this overlay district is to provide additional safety and protection to the users of the Dickinson Theodore Roosevelt Regional Airport and to the people who live and work in its vicinity.

(b)

The overlay district provisions apply to any base zoning district set forth in this chapter that exists within the defined overlay area. Uses shall be subject to the provisions of this section and shall be further subject to requirements of the applicable base zoning district.

(c)

This division is adopted pursuant to the authority conferred by N.D.C.C. Ch. 2-04. Every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. Accordingly, it is declared:

(1)

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Dickinson Theodore Roosevelt Regional Airport;

(2)

That it is necessary and in the best interest of the public health, safety, and general welfare of the City that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

(3)

That the prevention of these obstructions and incompatible land uses should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(Code 1993, § 39.05.056; Ord. No. 1648, § 1)

Except as otherwise provided in this division, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this division to a height in excess of the applicable height limit herein established for such zone. The height restriction zones described below are shown on the exhibit attached to the ordinance from which this division is derived, entitled, "Exhibit A. Dickinson Theodore Roosevelt Regional Airport Height Restriction Map," consisting of one sheet, which is made a part hereof. The applicable height restrictions are hereby established for each of the zones in question as follows:

(1)

Utility runway approach zone (applicable to Runway 7-25). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. The approach zone slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(2)

Precision instrument runway approach zone (applicable to Runway 14-32). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. The precision instrument approach zone slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(3)

Transitional zones. For both runways, transitional zones slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation (2,744.8 feet above mean sea level). In addition, for Runway 14-32 there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(4)

Horizontal zone. The horizontal zone is established for visual approach airports by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone is at 150 feet above airport elevation and does not include the approach and transitional zones.

(5)

Conical zone. Conical zones slope 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending outward to a distance of 4,000 feet and to a height of 350 feet above the airport elevation.

(Code 1993, § 39.05.056.002; Ord. No. 1648, § 1)

In order to carry out the provisions of this division, there are hereby created and established certain land use zones surrounding the airport. The various zones and their restrictions are hereby established and defined as follows and depicted on exhibit attached to the ordinance from which this division is derived, entitled, "Exhibit B. Dickinson Theodore Roosevelt Regional Airport Land Use Map," consisting of one sheet, which is made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive limitations. Zone restrictions do not apply to Dickinson Theodore Roosevelt Regional Airport property.

(1)

Airport land use zone descriptions.

a.

Zone 1. Runway protection zone.

1.

Runway 14: 1,750 feet wide and 6,700 feet long, beginning and centered on a point 200' beyond the center of the existing Runway 14 end.

2.

Runway 32: 500 feet (start width) by 700 feet (end width) by 1,000 feet (length) trapezoid beginning 200 feet beyond the runway end.

3.

Runway 7 and 25: 500 feet (start width) by 700 feet (end width) by 1,000 feet (length) trapezoid beginning 200 feet beyond the runway ends.

b.

Zone 2.Inner approach/departure zone.

1.

Runway 14 and 32: 1,500 feet wide by 6,000 feet long, beginning and centered on the end of the runway.

2.

Runway 7 and 25: 1,500 feet wide by 4,000 feet long, beginning and centered on the end of the runway.

c.

Zone 3.Inner turning zone. The outer boundary of the inner turning zone is constructed by arcs of a 3,500-foot radius from runway ends and connecting the adjacent arcs. The inner turning zone for each runway end is described in the following subsections:

1.

Runway 14: Begins at a point on the runway centerline located 3,100 feet prior to the Runway 14 end, then extending outward 30 degrees on either side of the centerline until intersecting the outer boundary described above.

2.

Runway 32, 7 and 25: Begins at points on the runway centerlines located 1,500 feet prior to the runway end, then extending outward 30 degrees on either side of the centerline until intersecting the outer boundary described above.

d.

Zone 4.Outer approach/departure zone.

1.

Runway 14 and 32: 1,000 feet wide by 4,000 feet long, beginning and centered on the end of Zone 2.

2.

Runway 7 and 25: 1,000 feet wide by 3,000 feet long, beginning and centered on the end of Zone 2.

e.

Zone 5a.Inner traffic pattern zone.

All runways: The perimeter of this zone is constructed by arcs of a 3,500-foot radius from runway ends and connecting the adjacent arcs.

f.

Zone 5b.Outer traffic pattern zone.

1.

Runway 14 and 32: The perimeter of this zone is constructed by swinging arcs of a 6,000-foot radius from a point on the extended runway centerline 4,000 feet from the runway ends and connecting the adjacent arcs by lines tangent to those arcs.

2.

Runway 7 and 25: The perimeter of this zone is constructed by swinging arcs of a 6,000-foot radius from a point on the extended runway centerline 1,000 feet from the runway ends and connecting the adjacent arcs by lines tangent to those arcs.

(2)

Airport land use zone regulations.

a.

A list of permitted (P) and permitted by special permit (S) uses for the five airport land use zones are provided below. Blank space indicates uses are not permitted.

Note: Provisions of Sections 62-471 and 62-472 apply to all use types.

b.

Notwithstanding any other provisions of this division, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Code 1993, § 39.05.056.003; Ord. No. 1648, § 1)

(a)

Regulations not retroactive. The regulations prescribed by this division shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this division is derived, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which as begun prior to the effective date of the ordinance from which this division is derived, and is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding Subsection (a) of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.

(Code 1993, § 39.05.056.004; Ord. No. 1648, § 1)

Federal Regulations Title 14 Part 77 establishes standards and notification requirements for objects affecting navigable airspace. Notification allows the FAA to identify potential aeronautical hazards in advance thus preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace. Any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA:

(1)

Any construction or alteration exceeding 200 feet above ground level.

(2)

Additional construction provisions.

a.

Any construction or alteration within 20,000 feet of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 feet.

b.

Persons failing to comply with the provisions of FAR Part 77 are subject to Civil Penalty under Section 902 of the Federal Aviation Act of 1958, as amended and pursuant to 49 USC 46301(a).

c.

Enforcement of Federal Regulation Title 14 Part 77 does not rest with the City; this section serves as a reminder to persons proposing construction or alterations near Dickinson Theodore Roosevelt Regional Airport of their potential responsibility to notify the FAA.

(3)

A sponsor planning on constructing any objects that are within the outlined above criteria is expected to follow the Federal requirements. At the time of the adoption of the ordinance from which this division is derived, the process required submitting a 7460 Form (Notice of Proposed Construction or Alteration) with the Federal Aviation Administration.

(Code 1993, § 39.05.056.005; Ord. No. 1648, § 1)

Administration and enforcement of this overlay district will be performed in accordance with this chapter, with the additional requirement that the Dickinson Municipal Airport Authority shall be consulted regarding the granting of special use permits or variance requests related to this Airport Overlay District.

(Code 1993, § 39.05.056.006; Ord. No. 1648, § 1)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Code 1993, § 39.05.056.007; Ord. No. 1648, § 1)

The purpose of the UMO Underground Mine Overlay District is to protect proposed development from potential subsidence from known abandoned coal mines. This district applies to all forms of development, including roads, utilities, and any structures. All work in connection with development, including grading, paving, and other necessary activities is subject to this division.

(Code 1993, § 39.05.057; Ord. No. 1720, § 1)

Areas with abandoned coal mines have been documented by the State Public Service Commission, Abandoned Mine Lands Division (AML). The overlay district corresponds to those areas within the City's zoning jurisdiction that have been documented by the AML and as identified in the City's Comprehensive Plan.

(Code 1993, § 39.05.057.001; Ord. No. 1720, § 2)

The use of the UMO Overlay District shall be restricted to properties located on the Underground Overlay District map maintained by the Planning and Zoning Director.

(Code 1993, § 39.05.057.002; Ord. No. 1720, § 3)

(a)

The UMO Overlay District provisions apply to any base zoning district set forth in this division that exists within the defined overlay area. Permitted uses shall be subject to the provisions of this section and shall be further subject to requirements of the applicable base zoning district.

(b)

Unless the developer can demonstrate that no subsidence hazards are present onsite as outlined in Section 62-442, the construction, alteration and/or enlargement of non-agricultural structures over an abandoned mine shall be prohibited. Otherwise, within the overlay district land may be used and structures may be erected, altered or enlarged for any use that is allowed in the underlying zoning district, in accordance with the site development standards of the underlying zoning district and all other applicable requirements.

(Code 1993, § 39.05.057.003; Ord. No. 1720, § 4)

To demonstrate that no subsidence hazards are present onsite, the following shall be performed by the applicant:

(1)

Coordinate with AML for documentation regarding whether or not undermining hazards exist at the proposed development site. Evidence of coordination with AML shall be submitted with any building permit application.

(2)

If no documentation exists on record with AML, the applicant shall utilize an engineering or drilling firm to conduct a site evaluation. The engineering or drilling firm shall provide evidence in writing that they have coordinated with AML to account for known subsidence activity at the proposed site. A copy of the site evaluation results shall be submitted with any building permit application.

(3)

If it has already been documented by the AML and/or the City that subsidence has occurred at the proposed site, no permit shall be issued until the applicant has submitted evidence the site is reasonably safe for construction.

(Code 1993, § 39.05.057.004; Ord. No. 1720, § 5)

All development decisions made as a result of this section are the responsibility of the property owner. The City shall not assume the risk of injury to persons or damage to persons or property resulting from work performed as advised in this section. Pursuant to N.D.C.C. § 32-12.1-03(3)(f)(1), the City may not be held liable for any claim relating to injury directly or indirectly caused by the performance or nonperformance of a public duty, including inspecting, licensing, approving, mitigating, warning, abating, or failing to so act regarding compliance with or the violation of any law, rule, regulation, or any condition affecting health or safety.

(Code 1993, § 39.05.057.005; Ord. No. 1720, § 6)