It is the intent of the City Council to promote the health, safety and general welfare by guiding the development of the City by means of a comprehensive plan which is in part carried out by the provisions of this title. It is the intent of this title to provide regulations, standards and guides for the City's development which will:

1.

Lessen congestion in the streets;

2.

Secure safety from fire, panic and other dangers and provide for emergency management;

3.

Promote the health and general welfare;

4.

Prevent the overcrowding of land;

5.

Provide adequate light and air;

6.

Avoid undue concentration of population; and

7.

Facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements.

The provisions of this title and the zoning and subdivision ordinances and regulations of the City shall apply to all territory within the City corporate limits and to all unincorporated territory within the extraterritorial jurisdiction of the City consistent with N.D.C.C. 40-47-01.1 as described and shown in Exhibits "A" and "B" attached to that certain agreement made January 17, 2012 between the City and the City of Bismarck and on file in the office of the Lincoln City Auditor.

For the purpose of this title certain words and terms used herein are defined as follows:

All words used in the present tense include the future tense. All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "building" includes the word "structure". The word "used" shall be deemed also to include "designed, intended or arranged to be used". Unless otherwise specified, all distance shall be measured horizontally.

Adult entertainment means:

a.

Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

b.

Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

i.

Human genitals in a state of sexual stimulation or arousal,

ii.

Acts of human masturbation, sexual intercourse or sodomy, or

iii.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or

c.

Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

Adult entertainment material means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD roms, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by the acts listed in adult entertainment.

Agricultural district means the A Agricultural District.

Alley means a public way which affords only secondary access to abutting property.

Auto wrecking. See "Junkyard."

Basement means that portion of a building below the first floor joists, the floor of which is more than one-half (½) clear ceiling height below the adjacent ground.

Billboard. See "Sign—Outdoor advertising."

Block means the property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river, or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Board of Adjustment means the Board of Adjustment described in Chapter 9-06.

Building means a structure having a roof supported by walls or columns for the shelter, support, or enclosure of persons, animals, or chattels. When, in a building all of which is used for nonresidential purposes, any portion of the building is completely separated from all other portions by a masonry division wall from the ground up to the roof, and no door or other opening directly communicating between the two (2) portions of the building, such portions so separated shall be deemed separate buildings.

Building—Accessory or accessory building means a subordinate building, the use of which is customarily incidental to that of a principal building on the same lot.

Building Inspector means the Building Inspector of the City or his authorized representative.

Building line means a line established in general, parallel to the front street line between which and the front street line on which no part of a building shall project, except as otherwise provided by this title.

Building—Principal or principal building means a building in which is conducted the principal use of the lot on which it is situated.

Building restriction line means a line drawn parallel at a point twenty-five (25) feet perpendicular to the street right-of-way.

Central sewer system means a system designed and constructed to allow for the disposal of sewerage from more than one (1) user.

Commercial district means C-1 Commercial District.

Density means the number of families residing on, or dwelling units developed on, an acre of land. As used in this title, all densities are stated in families per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, playgrounds, school yards, or other public lands and open spaces.

Dwelling means a building or portion thereof arranged or designed to provide living facilities for one or more families. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home, or travel trailer as defined in Section 9-04-04.

Dwelling—Group or group dwelling means in general, a building in which several unrelated individuals or families permanently reside, but in which individual cooking facilities are not provided for the individual persons or families. Specifically, "group dwelling" shall include rooming house, fraternity house, sorority house and private club in which one or more members have a permanent residence. "Group dwelling" shall not be deemed to include a hotel, motel tourist home, mobile home park, or any use included in the "health-medical group".

Dwelling—Multifamily or multifamily dwelling means a building containing three (3) or more dwelling units.

Dwelling—Multifamily high rise or multifamily high rise dwelling means a building containing over three (3) dwelling units with a maximum height of sixty (60) feet.

Dwelling—Single family or single-family dwelling means a building containing only one (1) dwelling unit.

Dwelling—Two-family or two-family dwelling means a building containing only two (2) dwelling units.

Dwelling unit means a building or portion thereof providing complete housekeeping facilities for one (1) family.

Elderly housing means housing designed specifically for elderly occupancy therein with an age of sixty-two (62) years or older.

Fallout shelters means a structure or portion of a structure intended to provide protection to human life during periods of danger from nuclear fallout, air raids, storm or other emergencies.

Family means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

Filling station means a building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; repair service is incidental; and no storage or parking space is offered for rent.

Floor area ratio (FAR) means the floor area of the building or buildings on a zoning lot, divided by the area of that zoning lot. A floor area of a building or buildings is the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls, or from the center line of walls separating two (2) buildings. Floor area shall include the area of basements when used for residential, commercial, or industrial purposes, but need not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. Other exceptions include:

a.

Attic space providing structural head room of less than seven (7) feet, six (6) inches;

b.

Uncovered steps;

c.

Terraces, breezeways and open porches;

d.

Automobile parking space in a basement;

e.

Accessory off-street loading berths, but not to exceed twice the space required by the provisions of this title.

Garage—Private or private garage means an accessory building or part of a principal building used only for the storage of motor vehicles as an accessory use.

Garage—Public or public garage means a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles, but a public garage shall not be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

Group dwelling. See "Dwelling—group."

Group—Use. See "Use group."

Height of building means the vertical distance measured from the tallest point of the following three (3) levels:

a.

The street curb level;

b.

The established or mean street grade in case the curb has not been constructed; or

c.

The average finished ground level adjoining the building if it sets back from the street line to the level of the highest point at the roof beams of flat roofs, or roofs including not more than one (1) inch to the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs.

Hotel means a building in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open to transient guests. Hotels include motels and automobile courts, but do not include group dwellings as defined herein.

Industrial district means I-1 Industrial district.

Junkyard means the use of any part of any premises whether inside or outside of a building for the storage of, keeping or abandonment of junk, including scrap metals, rags, paper, or other scrap material, used lumber, salvage house wrecking, and structural steel material, and equipment or for dismantling, demolition or storage of unlicensed or abandoned automobiles or other vehicles, or machinery or parts thereof.

Lot, when used alone, shall mean, unless the context of the chapter clearly indicates otherwise, a "zoning lot" as defined herein.

Lot—Corner or corner lot means a zoning lot at the junction of and abutting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred twenty (120) degrees. Any zoning lot adjoining a curved street at a point where the street boundary describes an arc subtended by an angle of one hundred twenty (120) degrees or less, shall also be considered a "corner lot".

Lot depth means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot—Interior or interior lot means a zoning lot other than a corner lot.

Lot line—Rear or rear lot line means the lot line generally opposite or parallel to the front street line. If a rear lot line is less than ten (10) feet long, or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten (10) feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curved, parallel to the chord of the arc of said front street line.

Lot—Record or record lot means land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the County.

Lot width means the mean width of a lot measured at right angles to its depth.

Lot—Zoning or zoning lot means a tract of land occupied or to be occupied by a principal building and its accessory buildings, together with such open spaces and yards as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning lot in the district in which such land is situated and having its principal frontage on a street or a permanent, exclusive, non-obstructed easement of access or right-of-way to a street, not less than twenty (20) feet wide. A "zoning lot" need not necessarily coincide with a "record lot" as herein defined.

Plan means the master plan defined in Section 9-08-03.

Manufactured home means the same as a mobile home; see mobile home definition.

Mixed Use district means a MU district whereby the use of a building, a set of buildings or a neighborhood is for more than one purpose usually including a combination of retail, office, residential, hotel, commercial, recreation or other functions. It is pedestrian-oriented, maximizes space usage, and has amenities and/or design characteristics that mitigate traffic.

Mobile home means a mobile or portable dwelling designed for use with or without a permanent foundation, constructed to be towed on its own chassis, connected to utilities and used for year around living. It can consist of one or more units that can be telescoped when towed, or two (2) or more units separately towable but designed to be joined into one (1) integral unit. The home must have affixed thereto the manufacturer's seal, label or tag certifying that such mobile (manufactured) home conforms to all applicable federal construction and safety standards.

Mobile home park means a plat of ground under single ownership or management which has been planned and improved for the placement of at least twenty (20) mobile homes which are used for dwelling or sleeping purposes, regardless of whether or not a charge is made for such accommodation.

Modular home means a structure, transportable in two (2) or more sections which:

a.

When erected on site, is twenty-four (24) body feet or more in width and has a minimum of five hundred seventy-six (576) square feet of floor area, exclusive of any basement, and

b.

Has a gabled roof with pitch of 4:1 or greater, covered with wood or asphalt shingles provided by the manufacturer, and

c.

Has exterior walls with siding provided by the manufacturer which is or has the appearance of being wood or masonry, and

d.

Is designed to be used as a dwelling with a permanent foundation when connected to the required utilities, is not re-locatable and considered a permanent structure once finally placed upon the foundation, and includes plumbing, heating, air-conditioning and electrical systems contained therein, and complies with the standards established under Title 42 USCS, Section 5401 et seq.

Motor vehicle parts salvage yard means the use of not more than fifty (50) percent of the premises of a motor vehicle repair garage or a motor vehicle body repair shop for the storage of motor vehicles for dismantling and sale of used parts thereof.

Nonconforming use means the use of a building or other structure or of a tract of land which does not conform to the use or regulations of this title for the district in which it is located, either at the effective date of this title, or as a result of subsequent amendments which may be incorporated into this title.

Off-street parking space means an off-street area for the parking of one (1) motor vehicle having all-weather surface, a width of not less than nine (9) feet and a length of not less than eighteen (18) feet, and shall have an easy access to a street or alley by a driveway having all-weather surface.

Official zoning map means the map described in Section 9-03-02.

Parking lot means any land legally used for the parking of motor vehicles.

Planned unit development means a form of development characterized by a unified site design for a number of housing or other units or clustered buildings, and providing common space, density increases, a mix of building types and land uses, and must go through a design and review process with the Planning Commission.

Planning Commission means the Planning and Zoning Commission described in Chapter 9-01.

Residential district means any R-1, R-2, R-5, R-7, and R-9 Residential District.

Rooming house means a dwelling in which rooms are let for hire or persons are given lodging for compensation.

Row housing means a building which has not less than three (3) or more than eight (8) one-family dwelling units and erected in a row as a single building on adjoining lots, each being separated from the adjoining unit or units by an approved two-hour fire-rated wall which shall extend from the footing to and through the roof; and each such building being separated from any other building by space on all sides.

Rural residential district means RR-1 Rural Residential District.

Salvage yard. See "Motor vehicle parts salvage yard."

Sign means any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency, or of any civic, charitable, religious, patriotic or fraternal or similar organization.

Sign—Outdoor advertising or outdoor advertising sign means a sign, including billboard, which directs attention to a business, commodity, service, entertainment or other activity conducted, sold or offered elsewhere than on the premises upon which the sign is located.

Skid unit means a structure or group of structures, either single or multisectional, which is not built on a permanent chassis and is designed for human living quarters for a temporary basis

Street means a public thoroughfare which affords principal means of access to abutting property.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any structural change in the roof, or dimension of the rooms therein.

Structure means anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground; including but not limited to buildings, advertising signs, billboards, and poster panels; but not including customary fences or boundary or retaining walls.

Temporary work camp housing, also referred to as crew camps or man camps means a lodging or skid unit(s) such as a modular residential structure, RV unit, or travel trailer that is used to house workers on a temporary basis and are not mobile homes, which are defined as permanent housing units.

Tourist home and/or bed and breakfast means a dwelling in which sleeping accommodations with less than ten (10) rooms are provided or offered for transient guests for compensation. Any dwelling in which such accommodations for transient guests are offered with ten (10) or more rooms shall be deemed to be a hotel as defined herein. The use of a dwelling as a tourist home shall not be considered an accessory use nor a customary home occupation.

Travel trailer means a towable, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses and shall have a body width of not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet.

Travel trailer park means a plat of ground under single ownership or management which has been planned and improved for the parking of at least twenty (20) travel trailers regardless of whether or not a charge is made for such accommodation.

Use means the term referring to:

a.

Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, and

b.

Any occupation, business, activity or operation carried on (or intended to be carried on) in a building or other structure or on land, or

c.

A name of a building, other structure or tract of land which indicates the purpose for which it is arranged, designed, intended, maintained or occupied.

Use group means two (2) or more uses similar in physical characteristics, traffic generation, locational, utility, or municipal service requirements, or generally compatible with other uses in the use group. Members of the several use groups herein established are specifically listed in this title.

Use permitted or permitted use means any use permitted by the regulations of this title. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.

Yard—Front or front yard means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.

Yard—Rear or rear yard means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard—Side or side yard means a yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or, in the absence of either side yards, is a front or rear lot line, respectively, no case being closer than four (4) feet. The first two (2) feet or the overhang shall not be subtracted from the allowable side yard spacing provided that the overhang is not closer than four (4) feet to the property line.

Yards means an open space of uniform width or depth on the same zoning lot with a building or group of buildings, which open space lies between the buildings or group of buildings and the nearest lot line and is unoccupied and unobstructed, from the ground upward except as may be specifically provided in this title. In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as not to be considered in measuring yard dimensions or as being permitted to extend into a yard, and said measurements shall be taken at right angles from the line of the building to the nearest lot line.

(Ord. No. 221, 5-9-2018)