Any lawful use of land or building existing at the date of passage of the ordinance from which this chapter is derived, and located in a district in which it would not be permitted as a new use under the regulations of this chapter, is declared to be a nonconforming use, and not in violation of this chapter at the date of the adoption of the ordinance from which this chapter is derived; provided, however, a nonconforming use shall be subject to, and the owner shall comply with, the following regulations:

(1)

Certificate of occupancy. After the adoption of this chapter the owner of a nonconforming use shall be notified by the building inspector of the provisions of this chapter. Within 30 days after the receipt of said notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The applications for such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy. If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is declared to be in violation of this chapter. The building inspector and city attorney shall take appropriate action to enjoin such violation. If the building inspector shall find upon reviewing the application for a certificate of occupancy that the existing use is illegal or in violation of other ordinances or laws, or if he finds that the building for which the certificate is requested has been constructed or altered for the existing use of any other use without full compliance with the building code or zoning ordinance in effect at the time of construction or alterations, he shall not issue the certificate of occupancy, but shall declare such use to be in violation of this chapter.

(2)

Extension of nonconforming use. The nonconforming use of a building may be extended throughout any part of a building clearly designed for such use, but not so used at the date of the adoption of this chapter. No nonconforming use may be extended to occupy neither any land outside the building nor any additional building not used for such nonconforming use at the date of adoption of this chapter. The nonconforming use of land shall not be extended to any additional land not so used at the date of the adoption of this chapter.

(3)

Additions, repairs and alterations of nonconforming use. No building used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter; provided, however, repairs and maintenance work may be carried out each year in an amount to not exceed 25 percent of assessed value of the building for that year, but such repairs and maintenance work shall not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor shall it increase the number of dwelling units provided in a building. Nothing in this chapter shall be deemed to prevent the strengthening nor repair of a building which may be necessary to restore the building to a safe condition or to improve the sanitary condition of the building, provided that such strengthening and repair may not be used to restore a building contrary to the provisions of subsection (4) of this section. Nothing in this chapter shall prevent the issuance of a building permit to structurally alter a building, provided that the nonconforming use is reduced and such alteration does not increase the cubical content of such a building.

(4)

Destruction of nonconforming use. If any building in which there is a nonconforming use is damaged by fire, flood, explosion, wind, war, or other catastrophe, in an amount equal to or greater than 50 percent of its assessed valuation, it shall not be again used nor reconstructed to be used for any use except one complying with the provisions of this chapter for the district in which it is located.

Notwithstanding the foregoing provisions of this paragraph, any principal nonconforming use or structure devoted in whole or in part to a residential use that is damaged or destroyed by any means, to the extent of more than 50 percent of its structural value prior to the damage, may be restored, repaired, or rebuilt in its entirety if all of the following conditions are met:

a.

The building or structure is located in a district that permits residential uses;

b.

The building or structure will be reconstructed in conformance with existing ordinance requirements pertaining to floodplain development;

c.

The building or structure will not occupy any portion of the lot that was not occupied by the destroyed structure;

d.

The building or structure will not have a greater floor area than the destroyed structure;

e.

The building or structure will not exceed the height or number of stories contained in the destroyed structure;

f.

The number of off-street parking spaces located on the property will not be reduced from the number available before the damage; and

g.

The building permit for the repair or restoration is obtained within six months of date of the damage and restoration begins within one year of the date of the damage.

1.

An extension may be requested through the engineering and planning department if necessary and will be granted in the department's discretion.

(5)

Moving nonconforming use building. Any building in which there is a nonconforming use shall not be moved unless it is moved to a district in which the use for which the building was designed is permitted by this chapter, and the building complies with the requirements of the building code of the city for such type use. If any building in which there is a nonconforming use is moved any distance whatsoever, the building shall thereafter be used only in compliance with the provisions of this chapter for the district in which it is located.

(6)

Change of nonconforming use. A nonconforming use may be continued in accordance with the provisions of this section but it shall not be changed to any other use except that one which would be permitted as a new use in the district in which the building is located.

(7)

Discontinuance of nonconforming use.

a.

If, for any reason, a nonconforming use of land ceases for a continuous period of more than 30 days, the land shall thereafter not be used except in compliance with the provisions of this chapter for the district in which the land is located.

b.

If, for any reason, a nonconforming use of a building ceases for a continuous period of more than six months, the building shall thereafter not be used except in compliance with the provisions of this chapter for the district in which the building is located.

(8)

Continuance of nonconforming use. Any legal nonconforming use, except those listed in subsection (9) of this section, may be continued. The certificate of occupancy issued by the building inspector for a nonconforming use shall state that the use may be continued indefinitely or, for those uses listed in subsection (9) of this section, that the use must be discontinued. All periods of time shown in subsection (9) of this section shall begin 31 days after receipt by the owner of notice of the provisions of this chapter. Upon application to the board of adjustment, the board may, in certain cases, extend the date of the certificate of occupancy for one period of time not to exceed the limit indicated in subsection (9) of this section.

(9)

Period of continuance for nonconforming uses. Certain nonconforming uses, indicated in the following table, shall be discontinued at the expiration of the periods of time shown, or at the expiration of one extension period, as provided in subsection (8) of this section:

(Code 1957, § 14-0211; Code 1994, § 21-03-09; Ord. No. 1378, 12-7-2021)

The regulations specified in this chapter shall be subject to the following supplementary provisions and interpretations.

(1)

Structures excluded from height limits. A building height limit set forth in this chapter shall not apply to belfries, chimneys, domes, flagpoles, flues, monuments, cupolas, telecommunication transmission towers, spires, tanks, water towers or similar structures, or to bulkheads, elevators, water tanks or similar roof structures and mechanical appurtenances. No such structure located on a roof shall have a total area greater than 25 percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. No such structure shall be located closer to the lot line than a distance greater than 110 percent of the height of the structure above ground level, except those structures as permitted or deemed necessary within the public right-of-way as outlined in chapter 115.

(2)

Projections into yards.

a.

Steps, stairways, terraces and un-roofed porches or decks may extend into any minimum front or rear yard up to six feet and into any minimum side yard up to four feet, provided, however, that the floor thereof is no higher than that of the entrance to the building.

b.

Chimneys may extend into any minimum yard up to two feet.

c.

Business signs may be located in the front yard setback. If located within a sight triangle they must meet the dimensional requirements specified in section 105-1-15(j)(3).

d.

No such feature shall be located closer than three feet to a lot line.

(3)

Existing front yard depth. When the majority of lots in a block has, prior to the enactment of this chapter, been lawfully occupied with buildings having a greater front yard depth than required by these regulations, no building hereafter erected or altered shall have less front yard depth than the average depth of said existing front yards. This regulation shall apply also to the side yard, adjacent to a street, of a corner lot, but shall not be construed as to reduce the buildable width of a corner lot to less than 24 feet. No portion of any alley shall be considered a part of any yard.

(4)

Fences and walls. Fences and walls may be placed in any yard setback area provided that the height of fences and walls adjacent to a street, alley or driveway shall be lowered to three feet within a sight triangle as specified in section 105-1-15(j)(3).

(5)

Through lots. Any building constructed on an interior lot having frontage on two streets shall be located so as to comply with the regulations governing front yards on both streets.

(6)

Mixed uses. Any building containing two or more dwelling units and space designed or used for commercial or industrial purposes shall comply with all requirements for multifamily dwellings in the district in which it is located; provided, also, that no such building designed or used for mixed residential and other uses shall be permitted in any district in which multifamily dwelling is not permitted.

(7)

General regulations for manufactured and modular homes. Manufactured and modular homes that are placed on individually owned lots must meet the following standards.

a.

The home shall have no less than 1,000 square feet of floor area except where the zone in which it is to be located has a greater minimum square footage requirement.

b.

The home shall have no less than a 24-foot exterior width.

c.

The roof shall be pitched with a minimum vertical rise of 2.5 inches for each 12 inches of horizontal run.

d.

The home shall have a non-reflective roofing material.

e.

All transporting apparatus including wheels, axles, transporting lights or towing hitch must be removed.

f.

The home shall be located and installed or built according to the same standards for foundation system, permanent utility connections and setback which would apply to a site-built, single-family dwelling on the same lot.

g.

The design, location and appearance of the home must be in harmony with existing adjacent properties, structures and locations.

h.

Any such home which, according to its title document, was manufactured prior to the year during which it is to be sited upon its permanent foundation shall be subject to the provisions of chapter 111, article 10 moving of vehicles.

i.

Nothing in this subsection shall be deemed to supersede any valid restrictive covenants of record.

(8)

Use of tents. Tents are not permitted, except in a developed camp ground, manufactured home or travel trailer park or in the back yard of a developed residential lot with a permanent residential structure.

(9)

Use of RV as residence. Other than in a developed mobile home or RV park, an RV or similar movable dwelling unit may not be used as a permanent dwelling unit on a lot. Temporary use for a limited time by a family member or visitor who does not pay rent is permitted. Temporary use while building a permanent structure on the property is regulated elsewhere in this Code.

(10)

Vegetation within sight triangle.

a.

No new vegetation may be planted within a sight triangle for a street or alley unless it can be maintained such that it meets the requirements contained in section 105-1-15(j)(3).

b.

If possible, existing vegetation located within a sight triangle for a street or alley shall be maintained such that it meets the requirements contained in section 105-1-15(j)(3).

c.

Existing vegetation that cannot be maintained such that it meets the requirements of section 105-1-15(j)(3) need not be removed unless it creates an obvious danger to the ability of drivers and pedestrians to see past it on arterial or collector streets.

(Code 1957, § 14-0207; Code 1994, § 21-03-05; Ord. No. 868, § 2, 1-6-1998; Ord. No. 1223, § 4, 11-3-2015; Ord. No. 1241, § 1, 12-13-2016; Ord. No. 1300, § 15, 4-21-2020; Ord. No. 1398, 5-3-2022)

The uses of land and buildings permitted in the several districts established by this chapter are designed by listing the principal uses permitted. In addition to such principal uses, it is the intent of this chapter and this section to permit, in each district, those uses customarily incidental to any principal use permitted in the district. Such permitted incidental uses are specifically listed as follows, and any listed use is permitted on the same lot with the principal use to which it is incidental:

(1)

Accessory uses.

a.

Dwellings.

1.

Private garage used for the storage of non-commercial vehicles, commercial vehicles with a rated capacity less than 2.5 tons and personal property.

2.

One commercial vehicle having a rated capacity of 2.5 tons or less stored in the open on the lot.

3.

Private greenhouse or vegetable, fruit or flower garden from which no products are sold or offered for sale.

4.

Children's playhouse and playground equipment.

5.

Shed or other accessory building for storage of equipment used in grounds or building maintenance or home occupation.

6.

Pets as defined in chapter 101 of this Code.

7.

Private swimming pool and bath house.

8.

Statuary, trellises, barbecue stoves, fireplaces or similar features.

b.

Church.

1.

Parish house, together with any use accessory to a dwelling as listed in subsection (1)a. of this section.

2.

Religious education building.

3.

Bulletin board not to exceed 20 square feet in area.

c.

Health group.

1.

Accessory buildings containing residence accommodations for staff.

2.

Accessory buildings providing utility and maintenance services for the primary use.

(2)

Home occupation.

a.

Limitations. There is permitted, in a dwelling, an occupation incidental to the principal use as a dwelling, subject to the following limitations:

1.

No person other than a member of the immediate family occupying the dwelling is employed.

2.

Storage of business inventory but no stock in trade is displayed or sold upon the premises.

3.

No alteration of the principal building that changes the character thereof as a dwelling.

4.

No illuminated sign is used, and no sign other than one giving the name and occupation, and not more than one square foot in area, is displayed.

5.

No more area than 25 percent of the ground floor area of the primary building, whether located in the primary building or an accessory building, is devoted to the home occupation.

b.

Customary home occupations. The following are declared to be customary home occupations.

1.

Dressmaker, seamstress or tailor.

2.

Music teacher or dance instructor.

3.

Artist, sculptor or author.

4.

Home office.

5.

Dog daycare limited to a maximum of four dogs in the dwelling at any one time, including dogs owned by the residents of the dwelling.

6.

Overnight boarding of one dog or one cat in addition to any animals owned by the residents of the dwelling.

7.

Consulting and event planning services.

8.

The letting for hire of not more than two rooms for residential purposes to not more than four persons.

9.

Pet grooming of no more than two animals at one time.

10.

Daycare up to 12 children.

(3)

Accessory dwelling unit. An accessory dwelling unit is a structure or part of a structure containing facilities for housing one family of up to four persons that is completely separate from the primary single family dwelling unit, has kitchen and bathroom facilities, is located either in the principal building or in an accessory building, has a separate entrance from the outside of the structure in which it is located and which meets the requirements listed below.

a.

The use must be a listed permitted, secondary or conditional use within the district in which it is located.

b.

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

c.

The primary or accessory dwelling unit must be occupied by the owner of the parcel as a legal residence for more than six months of any given year. The owner may be a benefited person in a private trust.

d.

One off-street parking space shall be provided for an accessory dwelling unit in addition to any parking required for the primary dwelling unit.

e.

The floor area of an accessory dwelling unit located in the primary structure may not exceed 40 percent of the habitable floor area of the structure and may not be greater than 800 square feet or less than 300 square feet.

f.

The floor area of an accessory dwelling unit located within an accessory structure may not be greater than 800 square feet or less than 300 square feet.

g.

Manufactured homes are not permitted for use as an accessory structure housing an accessory dwelling unit.

h.

A new accessory dwelling unit may be added by:

1.

Conversion of a portion of an existing primary or accessory structure into a separate accessory dwelling unit;

2.

Expansion of an existing structure that is in compliance with all setback, lot coverage and height requirements of the underlying zoning district;

3.

Construction of a new structure containing a single family dwelling unit and an accessory dwelling unit; or

4.

Construction of a new accessory structure containing a dwelling unit on a lot with an existing primary structure containing a dwelling unit.

(4)

Accessory structures.

a.

Location.

1.

In multi-family, commercial, industrial and agricultural districts, location of accessory buildings shall conform to the requirements for principal buildings.

2.

In R3.2, R4, R7, RH and RMH residential districts, accessory buildings shall be located in the rear yard and shall be not less than three feet from a rear or side lot line or less than five feet from an alley line. In the case of a corner lot, accessory buildings, other than a detached garage, shall be located along the rear half of the adjoining residential lot's side lot line. A detached garage on a corner lot must be set back 25 feet from the side street property line or a distance equal to the setback of the principal building on the adjoining residential lot, whichever distance is greater.

3.

Accessory buildings containing a garage door that faces an alley must be set back at least ten feet from the alley in order to accommodate the turning radius of a vehicle. When the property has no existing parking spaces other than the area for the proposed accessory building or has more than one dwelling unit, the minimum setback for an accessory building containing a garage door facing the alley must be 22 feet in order to allow space for parking of a vehicle in front of the garage door.

b.

Use. Other than where zoning allows more than one dwelling unit on a lot or where a dwelling unit is permitted on a commercial or industrial zoned property, no accessory building may be used for dwelling purposes.

c.

Structures included. Any structure, whether open or closed in, that is not part of a principal building. A garage having any part of its wall in common with a dwelling or being attached to a dwelling by a breezeway or roofed passageway up to six feet long shall be considered a part of a principal buildings [building].

d.

Number. For residential lots up to 10,000 square feet, two accessory buildings are allowed. For residential lots greater than 10,000 square feet up to 20,000 square feet, three accessory buildings are allowed. For residential lots exceeding 20,000 square feet, four accessory buildings are allowed.

e.

Surface. Except for storage sheds not exceeding 120 square feet, no accessory building shall have an outer surface of corrugated or sheet metal.

f.

Timing. Construction of the principal structure must have commenced before construction of an accessory structure may proceed.

g.

Size. For R3.2, R4, R7, RH and RMH districts, the total square footage of all accessory buildings may not exceed ten percent of the lot area and the maximum size of any accessory building shall be no greater than 75 percent the size of the primary structure on the lot. For RM, CA, and CB and CC districts, the total square footage of all accessory buildings may not exceed 20 percent of the lot area.

h.

Structure coverage. The total area of all structures on the lot may not exceed the maximum structure coverage established for the zone in which the lot is located.

i.

Height. The maximum height of an accessory building is 16 feet to the midspan of the roof system or 25 feet to the peak of the roof, whichever is less. The maximum wall height is ten feet.

j.

Water and sewer. Any accessory building that is connected to water and sewer must have a frost protected foundation.

k.

Pole structures. Pole structures are not permitted in R7, R3.2, R3.2, R4, R7, RH, RM, RMH, CA, CB, and CC districts.

l.

Portable storage containers.

1.

General requirements. Container usage in all zoning districts as allowed in this section is subject to the following requirements.

i.

Containers shall not occupy any required building setback area, easement, landscaped area or buffer yard.

ii.

Containers shall not be placed within a sight triangle as defined in section 101-1-3.

iii.

Containers shall be included in lot coverage computations.

iv.

Containers shall be rodent-proof.

v.

Containers shall be subject to the provisions of the Fire Code concerning fire department access and hydrant blockage.

vi.

Containers may not be placed in the public right-of-way unless for construction purposes or as approved by the city engineer.

vii.

Containers loaded on trailers are subject to Chapter 24, Article 7 of this Code as it relates to stopping, standing and parking.

2.

Portable storage containers in industrial zoning districts

i.

Portable storage containers are allowed in the MA and MB Industrial Zoning Districts.

ii.

A container that is not temporary in nature may only be used in a manner that would result in the container being subject to taxation as real property and subject to all applicable provisions of the Building Code, Zoning Ordinance, Architectural Review and Drainage and Stormwater Management Ordinance.

3.

Portable storage containers in commercial zoning districts.

i.

Portable storage containers are allowed in the CA, CB and CC Commercial Zoning Districts for the purpose of off-street storage of seasonal merchandise during the following time periods: November 1 through January 15, and April 1 through June 15.

4.

Portable storage containers in residential zoning districts.

i.

Portable storage containers may be adaptively reused for residential accessory purposes provided that the exterior of the structure matches the principal structure.

ii.

Portable storage containers may be adaptively reused as a residential building material.

5.

Portable storage containers—Other requirements in non-industrial zoning districts. Container usage in any non-industrial zoning district is allowed only as follows:

i.

Residential moving. Containers may be used for a period not to exceed 30 days for the purpose of off-street loading or unloading furniture and other household goods associated with residential relocation. An extension, if needed, may be provided at the discretion of the Planning Department.

ii.

Off-street loading and unloading. Semi trailers in the process of transferring goods and merchandise may occupy a site for up to 48 hours for loading and unloading purposes.

iii.

Parking lot truckload sales, fund raising activities or similar promotional or charitable events which utilize containers are permitted for a period not to exceed 30 days within any 90-day period.

(Code 1957, § 14-0208; Code 1994, § 21-03-06; Ord. No. 777, § 2, 1991; Ord. No. 889, § 1(2(b)), 3-2-1999; Ord. No. 1223, § 5, 11-3-2015; Ord. No. 1242, § 3, 12-20-2016; Ord. No. 1398, 5-3-2022)

(a)

Decision matrix. In order to carry out the purposes of this chapter, certain uses having similar characteristics are classified together as use groups. In any district in which a use group is permitted, it is the intent of this chapter to permit any particular member of that use group to locate within that district. The uses listed are examples of uses that fit the category. Not every possible use is listed. Should an application for a use that, in the opinion of the city planner, is not listed within a use group, the city planner shall evaluate the proposed use applying the criteria and following the procedure listed below.

(1)

Criteria.

a.

The actual or projected characteristics of the specific use in relationship to the stated characteristics of the various use groups.

b.

The amount of site area, floor space and equipment required for the use.

c.

The frequency and type of sales activity generated by the use.

d.

The nature of the customer interaction generated by the use, i.e. on site, remote access, daily or infrequent.

e.

The number of employees required per shift for the use.

f.

The hours of operation.

g.

The building site arrangement and access requirements for the use.

h.

The types of vehicles or equipment used in association with the use.

i.

The number of vehicle trips generated by the use per day of the week over the course of a week, month and year.

j.

The means by which the use advertises itself.

k.

Whether the use is likely to be located independent of other uses on the site or established in a shared use environment.

(2)

Procedure. The city planner shall issue a written opinion as to the use's appropriate designation. The city planner's decision shall be given to the applicant and posted on the city web site. The decision may be appealed to the Commission, either by the applicant or an adjoining property owner, within 15 days of posting of the decision. If the city planner determines that the proposed use does not fit within any use group or zoning district, a request shall be forwarded to the Commission for review and recommendation as to the disposition of the request for approval of the specific use.

(b)

Group dwelling. A group dwelling is a building used for residential purposes.

(1)

Distinguishing characteristics of a group dwelling include:

a.

The occupants are normally unrelated;

b.

Separated cooking facilities are not provided for individuals or groups of individuals;

c.

Persons residing in the building are domiciled more or less permanently, in contrast to the transient characteristic of occupants of hotels, treatment facilities or bed and breakfast facilities; and

d.

Correctional facilities are not included.

(2)

The following uses are examples of a group dwelling:

a.

Boardinghouse or rooming house;

b.

Convent or monastery;

c.

Fraternity or sorority house; and

d.

Group home licensed by the department of human services.

(c)

Retail group A. A use in retail group A is one in which the principal activity is the retail sale of fresh, freshly prepared or packaged food products, merchandise and associated services conducted primarily within an enclosed building.

(1)

Distinguishing characteristics of uses in retail group A include:

a.

Use is dependent to some extent on the proximity of other retail and service establishments;

b.

Merchandise is not of such nature as to require transport to the customer's premises in any vehicle larger than a pickup or small delivery truck; and

c.

No incidental manufacturing or processing is carried on in such a manner as to produce offensive noise, dust, odor, glare, heat or vibration perceptible or measurable from outside the building in which the use is located.

(2)

The following are examples of retail group A uses:

a.

Antiques, collectibles or recycled items;

b.

Appliances and electronics rental and sales;

c.

Art, hobby or craft supplies;

d.

Camera sales and service, photo supplies or photographic studio;

e.

Jewelry, clock and watch sales, cleaning and repair;

f.

Books and other printed materials, except those regulated under article 2, chapter 12 and article 5, chapter 105 of this Code;

g.

Recorded video or music for rental or sale, except those regulated under article 2, chapter 12 and article 5, chapter 105 of this Code;

h.

Musical instrument rental, sale and repair;

i.

Butcher shop, retail sales bakery, delicatessen, fast food, full service restaurant, coffee shop or other eat-in or take-out food preparation establishment;

j.

Ice cream, soda fountain or candy;

k.

Department store, variety store or specialty merchandise including sporting goods or exercise equipment;

l.

Drugstore;

m.

Flowers, gifts or greeting cards;

n.

Furniture and accessories including bedding, home furnishings and office equipment;

o.

Office supplies including copying or shipping services;

p.

Groceries and household items;

q.

Hardware, tools, equipment, supplies and accessories;

r.

Auto parts, supplies, accessories and outdoor activity supplies with no servicing or repair of vehicles;

s.

Package liquor;

t.

Pets and pet supplies with associated grooming and dog daycare services;

u.

Medical marijuana dispensary; and

v.

Fireworks stand.

(d)

Retail group B. A use in retail group B is one in which the principal activity is the sale of merchandise, vehicles or equipment.

(1)

Retail group B is differentiated from retail group A as follows:

a.

Merchandise is generally larger;

b.

Land area required is generally larger;

c.

Merchandise is of such a nature as to require 50 percent or more of the space within the building for storage of the merchandise.

d.

Merchandise is of such a nature as to be stored or customarily displayed outside a fully enclosed structure; and

e.

The success of the activity is not dependent upon the proximity of uses in retail group A or other uses in retail group B.

(2)

The following are examples of retail group B uses:

a.

Auto, truck, motor cycle, off-road, boat, construction equipment and farm implement sales, service, leasing and rental;

b.

Lumber yard and related merchandise, tools and equipment sales, including incidental mill work;

c.

Feed, grain and farm supply sales; and

d.

Trailer, RV and manufactured home sales and service.

(e)

Service group A. A use in service group A is one in which the principal activity is providing a service with accompanying sale of merchandise, parts or supplies.

(1)

Distinguishing characteristics of uses in service group A include:

a.

Dependent to some extent on the proximity of other retail and service establishments; and

b.

Operations are carried on in such a manner as to produce no offensive noise, dust, odor, glare, heat or vibration perceptible or measurable from outside the building in which the use is located.

(2)

The following are examples of service group A uses:

a.

Barber or beauty shop;

b.

In shop repair of carry in items;

c.

Dressmaker, milliner or tailor;

d.

Dry cleaning, laundry or laundromat;

e.

Furniture repair or upholstering;

f.

Pet hospital or clinic;

g.

Pet grooming and dog daycare;

h.

Shoe and other leather goods repair;

i.

Private club, lodge hall, union headquarters; and

k.

Undertaking establishment, mortuary or funeral home.

l.

Child care center; see section 105-1-5, supplementary provisions.

(f)

Service group B. A use in service group B is one in which the principal activity is providing a service with accompanying sale of merchandise, parts or supplies.

(1)

Service Group B uses are differentiated from service group A uses as follows:

a.

Its success is not dependent upon the proximity of other retail or service uses;

b.

Repair or service operations are such as to produce some offensive noise, dust, odor, glare, heat or vibration perceptible or measurable from outside the building in which the use is located; and

c.

The use may be conducted around the clock.

(2)

The following are examples of service group B uses:

a.

Carwash, either automatic or self-service;

b.

Auto, truck or equipment repair; see section 105-1-5, supplementary provisions for DF—Downtown Fringe;

c.

Kennel;

d.

Animal hospital or clinic;

e.

Off premise advertising sign;

f.

Taxicab or bus company office with overnight vehicle parking;

g.

Commercial garage or parking lot;

h.

Self-storage units; and

i.

Mobile cleaning, repair and restoration services.

(g)

Office group. A use in the office group is one in which the principal activity is the conduct of a commercial, governmental, financial, professional or management function.

(1)

The use is generally conducted in a lobby and office type setting mostly during normal weekday business hours with customer traffic throughout the day.

(2)

The following are examples of office group uses:

a.

Bank, credit union or financial services company;

b.

Commercial school including business, secretarial, dancing, music, physical culture, technical or trade;

c.

Governmental services;

d.

Insurance or real estate;

e.

Private company;

f.

Professional services;

g.

TV or radio station broadcast studio; and

h.

Utility company.

(h)

Commercial recreation group. A use in the commercial recreation group is one in which the principal activity is the furnishing of recreation for a profit.

(1)

Distinguishing characteristics of uses in the commercial recreation group include:

a.

Alcoholic beverages may be offered for sale for consumption on the premises; and

b.

The activity is not operated by a governmental agency.

(2)

The following are examples of commercial recreation group uses:

a.

Bowling alley;

b.

Dance hall;

c.

Pool hall, video game room or billiard parlor;

d.

Roller or ice-skating rink;

e.

Sports arena;

f.

Tavern, saloon, bar; and

g.

Theater.

(i)

Wholesale group. A use in the wholesale group is one in which the principal activity is the sale of merchandise to individuals and corporations for resale to the public.

(1)

Distinguishing characteristics of uses in the wholesale group include:

a.

The merchandise offered for sale is stored wholly within a completely enclosed building that may be fully climate controlled for the products being stored;

b.

No unusual fire or safety hazard is caused by the storage of the product or merchandise;

c.

No live animals are housed in the facility; and

d.

No junked, wrecked automobiles, secondhand equipment, other salvaged material or dead animals are stored on the premises.

(2)

The following are examples of wholesale group uses:

a.

Newspaper or magazine distribution;

b.

Food, beverage, alcohol and grocery;

c.

Drugs;

d.

Office products and supplies;

e.

Cleaning products and supplies;

f.

Electrical equipment and parts;

g.

Furniture, appliances and home furnishings;

h.

Paper or plastic products;

i.

Pumps, pipe and associated parts; and

j.

Vehicle parts and tires.

(j)

Health group. A use in the health-medical group is one in which the principal activity is related to the care and medical treatment of human beings.

(1)

Facilities include anything up to and including a full service hospital with all support functions including emergency medical transportation.

(2)

The following are examples of health group uses:

a.

Hospital for human beings licensed under N.D.C.C. ch. 23-16;

b.

Medical clinic or urgent care facility;

c.

Nursing home licensed by the department of health under N.D.C.C. ch. 23-16;

d.

Basic care facility licensed by the department of health under N.D.C.C. ch. 23-09.3.

e.

Assisted living facility registered with the department of human services;

f.

Sanitarium or similar treatment facility licensed by the department of human services.

(k)

Education group. A use in the education group is one in which the principal activity is the education of children or adults. Sports activities linked to an educational entity are included.

(1)

The activity can be directed at any age group and be operated by a public, private or religious group.

(2)

The following are examples of education group uses:

a.

Pre-school;

b.

College or junior college;

c.

Grade school;

d.

High school or middle school;

e.

Kindergarten;

f.

Private or parochial schools offering a curriculum substantially equivalent to that offered by public schools;

g.

Student or faculty dormitory;

h.

Stadium, gymnasium or field house;

i.

Utility or maintenance service building;

j.

Administrative building; and

k.

Athletic field.

(l)

Public recreation group. A use in the public recreation group is one in which the principal activity is public recreation and which is carried on by a governmental agency.

(1)

The activity may be similar to a use in the commercial recreation group. Alcoholic beverages may be offered for sale for consumption on the premises.

(2)

The following are public recreation group uses:

a.

Community center or sports complex;

b.

Golf courses;

c.

Museum;

d.

Park;

e.

Playground; and

f.

Swimming pool.

(m)

General farming group. A use in the general farming group is one which is customarily carried on in nonurban areas. It is the intent of this chapter to permit as an integral part of any particular use in the general farming group all customary accessory buildings for breeding and rearing poultry and livestock and for the storage of feed and farm crops. On any parcel of land lying within the territorial jurisdiction of the city for zoning regulations the conduct of any dairy, fur farming or farrowing operation, poultry hatchery, poultry farming or feeding or a riding stable shall not be conducted within 2,640 feet of any residential district or CA or CB commercial district, and the raising and feeding of any livestock and horses within 2,640 feet of any residential district or a CA or CB commercial district shall be limited to one animal per eight acres of land.

(1)

Uses in the general farming group include:

a.

Dairy farming;

b.

Fur farming;

c.

Commercial greenhouse;

d.

Livestock raising or feeding;

e.

Farrowing operation;

f.

Poultry hatchery;

g.

Poultry farming or feeding; and

h.

Riding stable.

(n)

Truck farming group. A use in the truck farming group is an agricultural use normally found in suburban or rural areas.

(1)

Uses in the truck farming group include:

a.

Field crop farming;

b.

Commercial flower growing;

c.

Fruit growing;

d.

Tree, shrub or plant nursery;

e.

Truck gardening;

f.

The rearing and feeding of poultry, provided that on any parcel of land lying within the territorial jurisdiction of the city for zoning regulations the raising and feeding of poultry shall not be conducted within 660 feet of any residential district or a CA or CB commercial district.

(o)

Industrial group A. A use in industrial group A is one involving manufacturing or the storage and sale of heavy building materials or equipment.

(1)

Uses must conform to the following requirements:

a.

There is no unusual fire, explosion or safety hazard;

b.

There is no production of noise at any boundary of this district in which such use is located in excess of the average intensity of street and traffic noise at that point;

c.

There is no emission of smoke in excess of any density described as No. 1 as measured by a standard Ringlemann Chart as prepared by the United States Bureau of Mines; provided, however, that smoke of a density not in excess of No. 2 on a Ringlemann Chart will be permitted for a period not in excess of four minutes in any 30-minute period;

d.

There is no emission of dust, dirt, or toxic or offensive odors or gas; and

e.

There is no production of heat or glare perceptible from any lot line of the premises on which the use is located.

(2)

Uses in industrial group A include:

a.

Manufacture, compounding, processing, packaging, treatment, or assembly of the following materials and products, but excluding the use in any operation of a punch press over 20 tons rated capacity, a drop hammer, or an automatic screw machine,

1.

Bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, and food products, except fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils,

2.

Products from the previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, precious metals or stones, fur, glass, hair, horn, leather, paper, plastics, shell, textiles, wood, excluding planing mills, and yarns,

3.

Pottery and other ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas,

4.

Electric and neon signs, outdoor advertising signs, commercial advertising structures and light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and similar products,

5.

Musical instruments, toys, novelties and rubber and metal stamps,

6.

Blacksmith shop and machine shop,

7.

Laundry, cleaning and dyeing works and carpet and rug cleaning,

8.

Ice manufacturing plant and soft-drink bottling plant, and

9.

Assembly of electric appliances, electronic instruments and devices, including the manufacture of small parts;

b.

Experimental laboratories;

c.

The following uses, when conducted wholly within a completely enclosed building, or within an area enclosed on all sides with a solid wall, compact hedge or uniformly painted board fence, not less than six feet in height,

1.

Building material sales yard, including the sale of rock, sand, gravel and the like as an incidental part of the principal use, but excluding concrete mixing,

2.

Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors,

3.

Feed and fuel yard,

4.

Public utility service yard or electrical receiving or transforming station, and

5.

Pipe yard or storage, sale or rental of oil and gas well-drilling equipment.

(p)

Industrial group B. A use in industrial group B is one involving manufacturing or the storage, sale of products and material and in which the operations create a greater degree of hazard or more annoyance than the operations of uses in industrial group A.

(1)

Uses in industrial group B must conform to the following requirements:

a.

The design and the operation of the building, and design and use of the premises, fully comply with all special requirements established by this article;

b.

There is no emission of smoke in excess of a density described as No. 2 as measured by a standard Ringlemann Chart as prepared by the United States Bureau of Mines; provided, however, that smoke of a density not in excess of No. 3 on a Ringlemann Chart will be permitted for a period not in excess of four minutes in any 30-minute period;

c.

There is no emission of toxic gases or fumes; and

d.

There is no production of heat or glare perceptible from any lot line of the premises on which the use is located.

(2)

Uses in industrial group B include:

a.

Any use listed in industrial group A and involving the use of punch press over 20 tons rated capacity, a drop hammer, or an automatic screw machine, provided that all other requirements for industrial group B uses are complied with;

b.

Any other use listed under industrial group A which cannot comply with the requirements of an industrial group A use, provided that all requirements for an industrial group B use are complied with; and

c.

Manufacture, compounding, processing, refining and treatment of the following material and products,

1.

Acetylene,

2.

Alcohol, other than uses specifically called out in section 101-1-3,

3.

Asphalt,

4.

Brick, tile or terracotta,

5.

Concrete products or mixing,

6.

Electric steam power plant,

7.

Lampblack,

8.

Oilcloth or linoleum,

9.

Paint, shellac, turpentine, lacquer or varnish,

10.

Paper or pulp,

11.

Petroleum products,

12.

Plastics,

13.

Industrial-scale manufacturing of beer, whiskey, or alcoholic beverages, other than uses called out in section 101-1-3,

14.

Stove or shoe polish, and

15.

Tar or tar products;

d.

Junkyard, provided that all operations are conducted wholly within an enclosed building or within an area enclosed on all sides with a solid wall, compact evergreen hedge or uniformly painted fence, not less than six feet in height; provided, further, that there shall be no burning of wrecked automobiles or other products except within a furnace or incinerator approved by the city engineer of the city;

e.

Any of the following uses, provided that it shall be located not closer than 500 feet from any zone in which it is prohibited,

1.

Cement, lime, gypsum, or plaster of Paris manufacturing,

2.

Distillation of bones,

3.

Drop-forge industry, manufacturing of forging with power hammer,

4.

Fat rendering, except as an incidental use,

5.

Fertilizer manufacturing,

6.

Garbage, offal, or dead animal reduction,

7.

Gas manufacture,

8.

Petroleum refining,

9.

Smelting of tin, copper, zinc or iron ores,

10.

Soap manufacture,

11.

Stockyards or feeding pens,

12.

Slaughter and packing of animals and meat products, and

13.

Tannery or curing or storage of raw hides;

f.

Bulk storage of petroleum and petroleum products.

(q)

Utility service group. A use in the utility service group is a facility or structure necessary for the safe or efficient operation of a telecommunications, gas, water, electric, refuse, storm sewer or sanitary sewage system that serves more than an individual property or a subdivision. Facilities that provide service to individual properties or a subdivision are not part of the utility service group, are considered permitted uses and do not require any conditional use review by the planning and zoning commission or the city commission.

(1)

The distinguishing characteristics of utility service group uses are:

a.

The utility which the structure or use serves is one available to the general public;

b.

The design and location of the premises and structure is in full compliance with all requirements of state and federal regulations governing the operation of the utility;

c.

The design and location of the premise and structure is reasonably necessary to provide service for a reasonable period of time with projected growth considered;

d.

Except for electrical distribution installations, when a side of the lot on which the use is located adjoins a lot in a residential district or adjoins a residentially developed lot in a multi-use district there shall be planted and maintained a landscaped strip no less than five feet in width on that side of the lot;

e.

Proper fencing with lot entrances shall be erected at least six feet high and maintained around all installations and structures in which there is any safety hazard whatsoever for children, provided that all structures shall be so located that such safety fence shall be so placed as not to encroach on any front yard required in the district in which the use is located; and

f.

For the proper operation of the utility, it is necessary that the proposed use be located on, or within a short distance of, the site on which it is proposed to be located.

(2)

The following are examples of utility service group uses:

a.

Telecommunication transmission tower;

b.

Electric transformer station;

c.

Regional electric transmission line;

d.

Sewage pumping station;

e.

Water pumping station;

f.

Water reservoir;

g.

Gas pressure regulator station;

h.

Solid waste recycling center;

i.

Stormwater detention facility;

j.

Stormwater pumping station; and

k.

Wireless communications facility.

(r)

Religion group. A use in the religion group is an activity in support of the practice or teaching of a religion. Listed below are examples of what is and isn't part of this group.

(1)

Conduct of worship services.

(2)

Teaching of a religion or a religious practice.

(3)

Social events associated with the practice or teaching of a religion.

(4)

General education restricted to members of the religious group offering the educational services.

(5)

General education not restricted to people who are members of the religious group offering the educational services is an activity that is part of the education group and must be a permitted use within the zone in which the building is located.

(6)

Feeding or shelter offered to members of the religious group offering the services.

(7)

Feeding or shelter offered on an ongoing basis to anyone in the community are not religion group activities and if offered in a religion group building must be either allowed as a permitted use within the zoning district in which the building is located or approved as a conditional use within the zoning district in which the building is located. Use of a religion group building during a natural disaster or community emergency is not restricted.

(8)

The sale of new or used items to the general public by a religious group or persons affiliated with a religious group on an ongoing basis is a commercial activity and if offered in a religion group building must be a permitted commercial use within the zoning district in which the building is located. Occasional rummage sales are permitted.

(9)

Occasional use of religion group buildings by other groups for personal, social or community events is a permitted use.

(Code 1957, § 14-0209; Code 1994, § 21-03-07; Ord. No. 722, § 1, 1987; Ord. No. 888, § 1(4), 3-2-1999; Ord. No. 892, § 2(4(c)), 5-4-1999; Ord. No. 923, § 2, 7-17-2001; Ord. No. 1223, § 6, 11-3-2015; Ord. No. 1242, § 4, 12-20-2016; Ord. No. 1266, § 3, 7-10-2018; Ord. No. 1291, § 2, 3-5-2019; Ord. No. 1300, § 12, 4-21-2020; Ord. No. 1372, § 3, 9-21-2021; Ord. No. 1398, 5-3-2022)

(a)

Purpose. In order to carry out the purposes of this chapter, the board of city commissioners finds it necessary to require that certain uses, because of unusual size, safety hazards, infrequent occurrence, effect on surrounding area or other reasons, include additional standards to ensure the health, safety, and overall harmony on and surrounding a specific site.

(b)

Airports and heliports. An airport may be permitted as a special use in an A agricultural district in the extraterritorial zone and a heliport may be permitted as a special use associated with a medical facility within the zoning jurisdiction of the city, provided that:

(1)

The area is sufficient to meet the federal requirements for the class of airport or heliport proposed;

(2)

There are no existing flight obstructions, such as towers, chimneys, or other tall structures, or natural obstructions outside the boundaries of the proposed airport or heliport which would fall within the approach zone to any of the proposed runways or landing strips of the airport or heliport;

(3)

There is sufficient distance between the end of each useable landing strip and the airport boundary to satisfy the requirements of the federal aviation administration or any other appropriate authority. In cases where air rights or easements have been acquired from the owners of abutting properties, in which approach zones may fall, satisfactory evidence thereof shall be submitted with the application;

(4)

Any building, hangar or other structure shall be at least 100 feet from any street or property boundary;

(5)

Adequate space for off-street parking has been provided. A traffic study must be submitted to document the need for the number of spaces proposed; and

(6)

The application for authorization of an airport or heliport shall be accompanied by plans meeting the requirements of the FAA, other regulatory agencies and the city.

(c)

Cemetery. A cemetery, mausoleum, or columbarium may be permitted in an industrial or A district as a special use, provided that:

(1)

No graves shall be located less than 100 feet distant from any property line;

(2)

There shall be a strip at least 75 feet in width adjacent to all boundaries of the cemetery landscaped and maintained as a green area;

(3)

In any cemetery in which there will be permitted monuments and grave markers rising above the surface of the ground, the green area shall include a dense evergreen hedge at least six feet in height; and

(4)

No mausoleum, columbarium, or cemetery chapel shall be erected within 200 feet of any boundary of the lot or parcel on which it is located.

(d)

Golf driving range or miniature golf course. A golf driving range or miniature golf course may be permitted in an A or industrial district as a special use, provided that:

(1)

The area within 500 feet of all boundaries of the lot is not developed in residences to a greater density than one family per acre;

(2)

Any flood-lights used to illuminate the premises are so directed and shielded as to prevent the direct lighting area from extending beyond the property boundary;

(3)

When the area within 500 feet of the property boundary is undeveloped, any approval is limited to one year and must be renewed annually. If residential development exceeding a density of one dwelling unit per acre is approved within this 500-foot area, the approval for this use may be withdrawn unless all property owners within the 500-foot area sign written consents to allow the use to continue on a year to year basis.

(e)

Fire or emergency medical response. A facility providing fire and/or emergency medical response services may be permitted in any zoning district as a special use, provided that:

(1)

Ingress and egress from the street shall be so designed and constructed as to provide safe traffic movement. A demand activated traffic control signal for emergency vehicle egress from the site may be required,

(2)

Sufficient parking shall be provided to accommodate the maximum number of personnel per shift plus at least two visitor spaces; and,

(3)

If the use is approved, landscaping, signage and design of the building exterior shall be reviewed and approved by the Mandan Architectural Review Commission.

(f)

Day care center. A day care center is a facility providing services to more than 12 children or any number of adults. A day care center requires a special use approval and must comply with the following criteria:

(1)

The facility must receive state approval before an occupancy permit can be issued;

(2)

For a facility catering to children, each building shall provide not less than 35 square feet of interior play area per child;

(3)

For a facility catering to children, a fenced outdoor play area of not less than 75 square feet per child shall be provided that is located no closer than ten feet to an adjoining residential lot;

(4)

For a facility catering to adults, there shall be an outdoor lawn area and covered porch offering either active recreation or passive activities for groups or individuals;

(5)

As a minimum, onsite parking shall be provided at the ratio of one space per manager and employee per shift plus one space for each 12 clients; and

(6)

Drop off and pickup of clients shall be in an area off the public street that is separate from parking spaces.

(g)

Correctional facility. A correctional facility may be permitted in an industrial or A district as a special use, provided that:

(1)

The facility fronts on an arterial street;

(2)

There are no churches, schools or residentially developed property within 500 feet;

(3)

The primary illumination field for exterior lighting shall not extend beyond the property boundary;

(4)

No building shall be closer than 35 feet to any property line; and

(5)

As a minimum, onsite parking shall be provided at a ratio of one space for each employee per shift plus one space per four inmates.

(h)

Drug or alcohol outpatient treatment or counseling facility. A drug or alcohol outpatient treatment or counseling facility may be permitted as a special use in a regional commercial, industrial or A district and must comply with the following criteria:

(1)

The facility fronts on an arterial street;

(2)

As a minimum, onsite parking shall be provided at a ratio of one space for each employee per shift plus one space per two clients per hour;

(3)

Hours of operation are limited to between 6:00 a.m. and 8:00 p.m.;

(4)

The facility is no closer than 1,000 feet to a school, daycare facility or residentially developed property; and

(5)

The facility is no closer than 500 feet to an establishment selling alcohol.

(i)

[Telecommunication transmission tower and antenna height.] Telecommunication transmission tower and antenna height exceeding 120 feet.

[(j)

Reserved.]

(k)

Multi-use shops. Each multi-use shop development may be permitted as a special use subject to the following minimum standards:

(1)

Each individual unit within the structure shall have an open space/yard or public way on no more than three sides.

(2)

Each individual unit within the structure shall have its own separate means of egress.

(3)

Such units shall only contain group business, factory, mercantile, or storage occupancy classifications as set forth by Section 3 of the North Dakota State Building Code.

(4)

Uses, whether commercial or accessory to residential, shall be declared at the time of the conditional use permit issuance. No change in use may be conducted unless reevaluated through the special use permitting process and the structure meets all building code requirements for the desired change of use.

(5)

Traditional mixed-use (residential and commercial combined) multi-use shops shall not be permitted. The declaration of either commercial or accessory to residential shall apply to all units within the structure and the structure will be constructed according to the minimum standards of the building code for the declared use.

(6)

Minimum off-street parking requirements shall be planned and provided for based on the declared uses. Any inadequate provision of parking within the development for a combination of uses may result in the revocation of the special use permit.

(7)

Each structure shall be limited to one curb stop accessible by city staff.

(8)

The declaration of commercial or accessory to residential shall in no way affect the way valuation, special assessments, utility rates, and other city fees are determined. These shall remain determined by separate city policy.

(9)

Covenants, conditions, and restrictions (CC&Rs) or another form of recorded agreement approved by the city attorney shall set out, at a minimum, provisions for access and responsibility for costs of inspections related to the fire suppression system, if any.

(10)

For the city's utility billing purposes, a recorded development association or another form of recorded agreement approved by the city attorney is required if any of the individual units within the development are not owned by the same owner of the development. The recorded development association or recorded agreement shall set out, at a minimum, the allocation of costs and statement of understanding of the collective responsibility of owners for payment of city utilities. If a recorded development association or another form of recorded agreement approved by the city attorney is in place, the city will issue one utility bill per month to one owner or representative of the structure for the entire structure's base charges and consumption or usage. The monthly utility bill will not be sent to each individual owner within the structure. If ownership is divided after a special use permit has been obtained, the property owner shall furnish a copy of said recorded agreement to the city showing it meets this provision.

(l)

Microbrew pubs, brewer taprooms, domestic distilleries, and wineries. Microbrew pubs, domestic distilleries, and wineries may be permitted in any DC or DF district, and brewer taprooms may be permitted in any DF district as a special use, provided:

(1)

The facility at the proposed location will not have an adverse impact on the surrounding neighborhood. The following criteria may be used to evaluate proposed sites: the effect on traffic movements in the area; the general nature, character, age and condition of the adjacent development; the proximity to residential areas, regardless of zoning; and any other criteria the city may deem pertinent.

(2)

All brewing, distilling, and storage activities are located within a completely enclosed building.

(3)

The facility complies with all applicable building code, health and sanitation, and zoning regulations.

(4)

The facility complies with all applicable licensing and operation requirements of the state.

(5)

Beverages brewed or distilled onsite cannot be sold or otherwise provided for consumption on the premises unless the owner holds the appropriate liquor license from the city.

(6)

Beverages brewed or distilled onsite cannot be sold or otherwise provided to non-wholesale customers for consumption off the premises unless the owner holds an appropriate liquor license from the city.

(7)

Adequate parking is provided onsite in accordance with the provisions of section 105-1-6, unless the facility is located in the parking exempt district.

(m)

Retail Group B. Retail Group B is permitted as a special use in the DF Downtown Fringe zoning district, provided that:

(1)

The facility fronts on an arterial street;

(2)

Hours of operation are limited to between 7:00 a.m. and 8:00 p.m.;

(3)

The facility shall have a principal structure. If multiple lots are planned for sales, one lot must contain a principal structure, unless lots are not contiguous or under common ownership;

(4)

General commercial site development standards shall be required of adjacent lot(s) to the primary business before the lot(s) can be used for display or storage of inventory, even if no building is required on the lot(s). These include but are not limited to: hard-surface parking, concrete curb and gutter, landscaping, lighting, storm drainage, sidewalks, and similar facilities as requested by city staff, planning and zoning commission and city commission;

(5)

Auctions are prohibited;

(6)

The use of outdoor speaker systems shall be limited to business hours, and in no case be earlier than 8:00 a.m. and later than 8:00 p.m.;

(7)

Delivery and unloading shall be restricted to within the hours of 7:00 a.m. to 10:00 p.m. for all open sales/rental lots that abut or are across the street from residential uses. No idling trucks shall be permitted outside of approved delivery hours;

(8)

The facility be maintained in such a manner as to prevent unsightliness to the adjacent area.

[(n)

Reserved.]

(o)

Car wash. A car wash is permitted as a special use in the DF district and is subject to the following minimum standards.

(1)

Drive-through stacking spaces must be provided in accordance with section 105-1-6(n).

(2)

Vacuums and dryers may not be located closer than 150 feet to the nearest adjoining residential property unless the nearest residential property is across a collector or arterial roadway in which case it may be no less than 100 feet in distance from said use.

(3)

The minimum front yard setback shall be 25 feet).

(4)

The facility must front on an arterial or collector street and may be adjacent to a local street.

(5)

The facility may not produce noise in excess of limits in section 16-6-4.

(Code 1957, § 14-0210; Code 1994, § 21-03-08; Ord. No. 534, § 1, 1976; Ord. No. 535, § 4, 1976; Ord. No. 610, § 1, 1979; Ord. No. 636, § 2, 1981; Ord. No. 657, § 2, 1982; Ord. No. 923, § 3, 7-17-2001; Ord. No. 963, § 7, 6-17-2003; Ord. No. 1223, § 7, 11-3-2015; Ord. No. 1299, §§ 3, 4, 4-16-2019; Ord. No. 1320, § 1, 9-3-2019; Ord. No. 1335, § 1, 3-17-2020; Ord. No. 1300, § 16, 4-21-2020; Ord. No. 1337, 4-21-2020; Ord. No. 1376, § 1, 11-2-2021; Ord. No. 1372, § 2, 9-21-2021; Ord. No. 1398, 5-3-2022)

(a)

Off-street parking. Except as provided in this section, no application for a building permit or certificate of occupancy in any zone shall be approved unless there is included with the plan for such a building, improvement or use a plot plan showing the required open space designated as being reserved for off-street parking purposes to be provided in connection with such a building, improvement or use in accordance with this section. No certificate of occupancy shall be issued unless the required facilities have been provided in accordance with those shown on the attached plan. Such off-street parking shall be provided on the basis of the following minimum requirements:

(1)

Dwellings. Dwellings, including single-family, two-family and multifamily dwellings require two off-street parking spaces for each dwelling unit, except that for an efficiency apartment of less than 400 square feet, only one off-street parking space shall be required if the parking space is exterior. Fifty percent of the required minimum parking spaces must be exterior parking.

(2)

Hotels. Hotels, including clubs, require one space for each two guest rooms. If, in addition to sleeping rooms, patrons or residents are provided with assembly halls, bars, restaurants, nightclubs, retail shops, service establishments or other businesses, additional off-street parking spaces will be required for such other uses in accordance with the regulations of this section for such uses.

(3)

Tourist homes, motels, trailer courts. Tourist homes, motels and trailer courts require one space for each guest room, cabin or trailer parking space. Off-street parking for auxiliary uses in the same building or on the same lot shall be provided in accordance with the regulations set forth in this section for such uses. For tourist homes there must be provided in addition to off-street parking spaces for guests, one additional space for each family permanently residing in the building.

(4)

Hospitals. Hospitals, including sanitariums, orphanages, nursing homes, treatment facilities, and similar institutions require one space for each two patient beds plus one additional space for each staff doctor, plus one additional space for each two regular employees, including nurses.

(5)

Restaurants. Restaurants, including bars, taverns, nightclubs, lunch counters, diners and all other similar dining or drinking establishments require one space for each four seats provided for patron use.

(6)

Theaters. Theaters require one space for each five seats provided for patron use.

(7)

Places of public assembly. Places of public assembly, including private clubs, lodges, and fraternal buildings not providing overnight accommodations, assembly halls, exhibition halls, convention halls, auditoriums, skating rinks, dancehalls, bowling alleys, sports arenas, stadiums, gymnasiums, amusement parks, racetracks, fairgrounds, circus grounds, funeral homes, and mortuaries, community centers, libraries, museums and all other similar places of relatively infrequent public assembly require one space for each ten seats provided for patron use, one space for each 400 square feet of gross floor area used or intended to be used for service to the public as customers, patrons, or clients, whichever requires the greater number of parking spaces.

(8)

Medical clinics. Medical clinics, including offices of doctors, dentists and drugless physicians, require three spaces for each doctor using the office or clinic, plus one additional space for each two regular employees, including nurses.

(9)

Retail establishments. Retail establishments, including personal service shops, equipment or repair shops require one space for each 400 square feet of floor area on the ground floor, plus one space for each 400 square feet of floor area in a basement of any story above the ground floor.

(10)

Office buildings. Office buildings, including commercial, governmental and professional buildings, except as otherwise provided for in this section, require one space for each 400 square feet of floor area.

(11)

Wholesale, manufacturing and industrial plants. Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards, public utility buildings, contractor equipment and lumber yards, research laboratories, business service establishments, such as blueprinting, printing and engraving, soft drink bottling establishments, fabricating plants, and all other structures devoted to similar mercantile or industrial pursuits, require one space for each two employees, plus sufficient space to park all company-owned or -leased vehicles, including passenger automobiles, trucks, trailers and similar company-operated motor vehicles.

(12)

Terminal facilities. Terminal facilities, including airports, railroad passenger, and freight stations, bus depots, truck terminals and all other similar personal or material terminal facilities, require off-street parking spaces in an amount determined by the board of adjustment to be adequate to serve the public as customers, patrons, and visitors, plus one space to provide one off-street parking space for each two regular employees, plus space to provide off-street parking for all owned, leased or operated commercial vehicles, buses, and similar motor vehicles.

(13)

Schools. Schools, including colleges, elementary schools, junior and senior high schools, including public, private and parochial schools, require one space for each two staff members or employees, plus one space for each classroom, plus additional space for any places of public assembly in accordance with the requirements set forth in this section for such uses.

(14)

Correctional facilities. Correctional facilities and similar institutions require one space for each two regular employees, plus one additional space for each four inmates.

(b)

Off-street loading. Except as provided elsewhere in this section, no application for a building permit or certificate of occupancy for a commercial or industrial building or use shall be approved unless there is included with the plan for such building, improvement or use, a plot plan showing the required space or structural design for off-street loading purposes to be provided in connection with such building, improvement or use, in accordance with this section; and no certificate of occupancy shall be issued unless the required facilities have been provided in accordance with those shown on the approved plan. Such off-street loading space shall be provided in accordance with the following minimum requirements:

(1)

Each department store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment which has an aggregate gross floor area of 25,000 square feet or more, arranged, intended or designed for such use, shall provide off-street truck loading or unloading berths in accordance with the following table:

(2)

Each multifamily dwelling having ten dwelling units: One off-street loading berth for ten up to and including 30 dwelling units, plus one additional off-street loading berth for each additional 30 dwelling units.

(3)

Each auditorium, convention hall, exhibition hall, funeral home, hotel, office building, restaurant, sports arena, hospital or welfare institution which has an aggregate gross floor area of 50,000 square feet or more arranged, intended or designed for such use shall provide one off-street loading berth for 50,000 square feet up to and including 250,000 square feet and one additional berth for each additional 200,000 square feet of floor space.

(c)

Uses not specifically mentioned. For each use not specifically mentioned in this section, the requirements for off-street parking and off-street loading facilities for a use which is so mentioned and to which said use is similar, shall apply. In such case, either the building inspector or the applicant for the certificate of occupancy or building permit may apply to the board of adjustment for an interpretation of the provision of this chapter for such off-street parking and off-street loading requirements and the board of adjustment shall render a decision in writing in the manner provided for in this chapter for such action.

(d)

Continuing character of obligation. The schedule or requirements for off-street parking space and off-street loading space shall be a continuing obligation of the owner or the real estate on which any such structure is located, as long as the structure is in existence, and its use requiring vehicle parking or vehicle loading facilities continues. It is unlawful for an owner of any building affected by this section to discontinue, change or dispense with, or cause the discontinuance or change of, the required vehicle parking or loading space apart from the discontinuance, sale or transfer of such structure without establishing alternative vehicle parking or loading space which meets the requirements of, and is in compliance with, this section. It is unlawful for any firm or corporation to use such building without acquiring such land or other suitable land for vehicle parking or loading space which meets with the requirements of and is in compliance with this chapter.

(e)

Fractional measurements. When units or measurements determining a number of required off-street parking and off-street loading spaces result in the requirement of a fractional space, any fraction up to and including one-fourth shall be disregarded, and fractions over one-fourth shall require one off-street parking or off-street loading space.

(f)

Location of required parking and loading facilities. The off-street parking facilities required by this section shall be on the same lot or parcel of land as the structure they are intended to serve; provided, however, that when practical difficulties, as determined by the board of adjustment, prevent the establishment of such facilities upon the same lot or parcel, they shall be furnished within 400 feet of the premises to which they are appurtenant. The off-street loading facilities required by this section shall, in all cases, be on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be part of the area used to satisfy the off-street parking requirements of this chapter.

(g)

Plan of required off-street parking or loading area. For the purpose of converting parking or loading spaces into the required parking or loading area, plans must be submitted to the building inspector to show how the required parking or loading space shall be arranged in the area supplied for that purpose and to indicate sufficient space for parking maneuvers, as well as adequate ingress and egress to the parking or loading area. For each parking space not under roof, there shall be provided 200 square feet in addition to all lanes, alleys, aisles and drives necessary for safe and adequate parking maneuvering. For each off-street loading space required by this section, there shall be provided space clear and free of all obstruction, at least ten feet in width, 50 feet in length and 14 feet in height. Off-street parking and off-street loading space shall be provided with methods of ingress and egress such that it will be unnecessary for trucks or tractor trailer combinations to back into them from a street or out of them into a street.

(h)

Use of required off-street parking by another building. No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this section shall be included as a part of an off-street parking area similarly required for another building or use unless the type of structure indicates that the periods of usage of such structure will not be simultaneous with each other, as determined by the board of adjustment.

(i)

Maintenance of public off-street parking places provided. All off-street parking facilities for the use of the public, required pursuant to the provisions of this section, shall be paved, drained, lighted and periodically maintained by the owner in accordance with specifications of the city engineer, and such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. No open area in an off-street parking area shall be encroached upon by buildings, storage, or any other use; nor shall the number of parking spaces be reduced except upon the approval of the board of adjustment and then only after proof that, by reason of diminution in floor area, seating capacity, number of employees, or change in other factors controlling the regulation of the number of parking spaces, the proposed reduction is reasonable and consistent with the intent of this section.

(j)

Collective action relative to off-street parking and loading. Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading space for two or more buildings or uses if the total of such space, when used together, shall not be less than the sum of the requirements of the various individual uses computed separately in accordance with this section.

(k)

Mixed uses. In the case of mixed uses, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately as specified in subsections (a) and (b) of this section, and the off-street parking and off-street loading space for one use shall not be considered as providing the required off-street parking or off-street loading space for any other use.

(l)

Nonconforming uses. In the case of nonconforming uses, where major repairs, substantial alterations, or extensions are made, no such major repairs, substantial alterations or extensions shall be permitted unless and until the off-street parking and off-street loading facilities space requirements of this section, so far as they apply to the use to which such building is devoted, shall be fully provided for.

(m)

Commercial vehicles in residential districts. Parking of commercial vehicles weighing in excess of 2.5 tons in residential districts is not allowed, except for deliveries.

(n)

Drive through establishments.

(1)

Except as provided elsewhere in this section, no application for a building permit or certificate of occupancy for a commercial or industrial use shall be approved unless there is included with the plan for such building improvement or use, a site plan showing the required space designated as being reserved for off-street vehicle stacking purposes to be provided in connection with such building improvements or use in accordance with this section; and no certificate of occupancy shall be issued unless the required facilities have been provided.

(2)

Vehicle stacking spaces shall be hard surfaced.

(3)

A vehicle stacking space shall consist of an area of at least ten feet by 20 feet.

(4)

The number of off-street vehicle stacking spaces shall be provided on the basis of the following minimum requirements:

a.

ATM. Three spaces per lane measured from the machine/kiosk.

b.

Bank teller. Three spaces per lane measured from kiosk/window.

c.

Drive-through restaurant. Nine spaces measured from the pick-up window.

d.

Car wash. Three spaces measured from wash entrance.

e.

Drive-through car service (oil change, tire service). Three spaces measured from bay entrance.

f.

Drive-through pharmacy. Three spaces measured from window.

g.

Gated/secured parking lot entrances. Two spaces from gate/booth.

(Code 1957, § 14-0212; Code 1994, § 21-03-10; Ord. No. 923, §§ 4, 5, 7-17-2001; Ord. No. 1108, § 1(j)(1), 2-21-2012; Ord. No. 1158, 10-15-2013; Ord. No. 1207, § 1(App. A), 8-4-2015; Ord. No. 1398, 5-3-2022)

(a)

Duty of developer. Unless other written arrangements have been made with the city, it shall be the duty of developers of new subdivisions to construct or arrange for the construction of all required sidewalks and multi-use paths within the limits of the subdivision and within any areas outside the subdivision so designated during the review and approval process prior to the sale of lots within the subdivision.

(b)

Property owners in established subdivisions. Property owners or occupants of lots in established subdivisions shall construct a sidewalk within the right-of-way adjacent to their property unless the city engineer has waived in writing the requirement for a sidewalk.

(c)

Construction of sidewalk prior to occupancy permit. Unless the city engineer has granted a waiver in writing for good cause to allow a specified time delay in installing a sidewalk or specified in writing that a sidewalk is not required, the sidewalk shall be completed to the satisfaction of the city engineer prior to issuance of an occupancy permit.

Any person may place and leave, for a period not to exceed one hour, on an area three feet of the outer edge of the sidewalk, in front of his store or in the alley in the rear of his premises or building, any goods, wares or merchandise which he shall be in the act of receiving or delivering, provided that such goods shall not be packed or unpacked on the sidewalk or street. However, this section shall not be construed as to allow the displaying of goods contained in boxes, crates or barrels or any article or thing unsightly or dangerous to pedestrians or considered a nuisance.

(Code 1979, § 8-02-04; Code 1994, § 10-04-04)

The building official shall in no case grant any permit for the construction, moving or alteration of any building if the building, as proposed to be constructed, moved or altered, would be in violation of any of the provisions of this chapter. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the plot to be built upon, the exact sizes and locations on the plot of the buildings and accessory buildings then existing, and the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of such building or part of a building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the plot and neighboring plots as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when the plans shall have been approved by the building official.

(Code 1957, § 14-0222(1); Code 1994, § 21-05-01)

It is unlawful to use or permit the use of any building or premises or part, hereafter created, erected, changed, converted, moved, altered or enlarged wholly, or partly in its use or structure, until a certificate of occupancy shall have been issued therefor by the building official. Such certificate shall show that such building or premises or part and the proposed use thereof are in conformity with the provisions of this chapter.

(Code 1957, § 14-0222(2); Code 1994, § 21-05-02)

The board of city commissioners shall establish, by resolution, filing fees for certificates of occupancy, variances, special use permits, large-scale development permits, amendments or changes of districts, appeals to the board of adjustment or other actions or proceedings conducted under this chapter. Before accepting for filing any application for an activity for which a fee has been established, the building official or other designated city official shall charge and collect the required fees. No fee shall be required for any appeal filed by an agency of government. All fees established under this section are in addition to any fees for building permits, business licenses or any other fees or charges required under other city ordinances.

(Code 1957, § 14-0222(5); Code 1994, § 21-05-05)

(a)

The board of city commissioners may create a board of adjustment as authorized by N.D.C.C. or may perform the functions themselves.

(b)

The board of adjustment is an administrative board whose powers and duties are limited generally by state laws and particularly by the powers and duties set forth in this section. The board of adjustment shall not have the power to amend this chapter on zoning, nor to permit nor prohibit any actions which accomplish an amendment of this chapter on zoning, nor to permit any action nor fail to prohibit any action which would violate this chapter. However, it is the declared intent of this section that any actions taken by the board of adjustment, in full compliance with the provisions of this section, shall be deemed to be administrative actions and shall not be interpreted as unauthorized amendments to the chapter. In addition to the powers provided by law, the board of adjustment shall have the following powers and duties:

(1)

Variances. On appeal from an order, requirement, decision or determination made by an administrative official, the board of adjustment may vary or adjust the strict application of any of the requirements of this chapter in the case of an exceptionally irregular, narrow, shallow or steep lot or other exceptional physical or topographical condition, by reason of which the strict application of the provisions of the chapter would result in unnecessary hardship that would deprive the owner of a reasonable use of the land or building involved, but in no other case.

(2)

Conditional variance. In granting any variance, the board of adjustment shall prescribe any conditions applying thereto that it may deem necessary or desirable to carry out the general purposes of this chapter or preserve the neighborhood or general welfare from injury.

(3)

Allocation of unlisted uses. Upon application of a property owner, or upon a request of the building official or other administrative official or of any official, agency or board of the city, or on its own initiative, the board of adjustment shall add to any use group established by section 105-1-4, any other similar use which conforms to the conditions set forth in the special finding required and listed in this subsection:

a.

Such use is not listed in any other use group, nor is it listed individually as a permitted use.

b.

Such use is more appropriate in the use group to which it is added than in any other use group.

c.

Such use conforms to the basic characteristics of the use group to which it is added as set forth in the general description of the use group.

d.

Such use does not adversely affect the character of any of the districts in which the use group to which it is added is permitted.

e.

Such use is not likely to create any more traffic than the other uses listed in the use group to which it is added, nor does it create any more offensive noise, vibration, dust, heat, smoke, odor, glare, health or safety hazard or other objectionable influence than the minimum amount normally resulting from the other uses listed in the use group to which it is added.

f.

When any use has been added to any use group in accordance with the procedure set forth in this section, such use shall thereafter be deemed to be permitted in any district in which such use group is permitted, and to be prohibited from any district in which such use group is prohibited. Such use shall be added to the use group in the published text of this chapter at the first convenient opportunity, with a notation indicating that the addition was made in accordance with this section.

(4)

Renewal of certificate of occupancy for nonconforming use. The board of adjustment shall have the power to renew a certificate of occupancy for nonconforming use in accordance with the provisions of section 105-1-1. In granting such renewal, the board of adjustment shall determine that the temporary continuation will not be injurious to the neighborhood, nor to the public welfare, and that there are unusual circumstances or conditions which would create an unnecessary hardship on the applicant for extension if such extension were refused. The board of adjustment may refuse to grant an extension to the certificate of occupancy for a nonconforming use if application for such extension is received by the board of adjustment less than 15 days prior to the expiration of the original certificate of occupancy.

(5)

Renewal of automatically revoked building permit. Upon appeal by any person holding a building permit automatically revoked by the provisions of this Code, the board of adjustment shall hear and determine whether or not such revoked building permit will be renewed. The board of adjustment shall authorize such renewal only where it specifically finds:

a.

Construction of the building has, in fact, been started.

b.

Substantial expenditures have been made for such construction.

c.

The plans for the building and actual construction of the building are in full compliance with the zoning ordinances in effect at the date of issuance of the building permit and in full compliance with the building code and any other city ordinances.

(6)

Off-street parking. The board of adjustment shall, upon application, hear and decide any question relating to the decrease of required off-street parking or off-street loading spaces, as set forth in section 105-1-6.

(7)

Airport zoning. The board of adjustment shall have all powers and duties granted to it by this chapter relating to airport zoning regulation.

(8)

Recommendations to planning and zoning commission. The board of adjustment is authorized to recommend to the city planning and zoning commission, for study or action, any changes or amendments to the text or district zoning maps that the board finds desirable. The planning and zoning commission shall consider such recommendations and may prepare appropriate amendments for the consideration of the board of city commissioners to carry out said recommendation.

(9)

Special permit for large-scale development. The board of adjustment shall hear and pass upon an application for a special permit for a large-scale development in accordance with the provisions of section 105-4-5.

(10)

Miscellaneous powers and duties. The board of adjustment shall have such other powers and duties as may be authorized by this chapter, or any amendment thereto.

(11)

Rules. The board of adjustment is authorized to establish such rules of procedure, not in conflict with any provisions of the laws of this state, this chapter, or any other ordinance of the city, as it may deem necessary to carry out the provisions of this chapter.

(Code 1957, § 14-0224; Code 1994, § 21-06-02; Ord. No. 1335, § 2, 3-17-2020)

(a)

General provisions.

(1)

Purpose. The following section outlines the requirements and procedures for land use applications that fall within the purview of chapter 105. Specific application and procedural requirements for planned unit developments and large-scale developments shall follow those provided within section 105-4-3 and section 105-4-5 respectively.

(2)

Definitions. For the meanings of zoning terms or words not found in section 101-1-3 related to definitions, the city staff shall rely upon the latest A Planners Dictionary, edited by Michael Davidson and Fay Dolnick, American Planning Association and Planning Advisory Service, for interpretation purposes.

(3)

Complete application. A complete application shall include the following:

a.

Development application as established by the engineering and planning department.

b.

Fee, as established by the board of city commissioners.

c.

Site plan.

d.

Letter of intent containing:

1.

A summary of the purpose for the application; and

2.

How negative externalities resulting from the change in land use will be addressed.

e.

Additional submittals as required by the respective land use application that falls within the purview of this section.

f.

Additional plans, studies, or other information as may be required from time to time from the planning and zoning commission or city staff.

(4)

Period of review. The planning office shall review a submitted application within ten business days to determine whether an application is complete. If the application is determined to be a complete application, the planning office shall notify the applicant or applicant representative of the determination and the application shall be considered accepted. If the application is determined to be incomplete, the planning office shall notify the applicant or applicant representative of the missing components necessary to consider the application complete.

(b)

Zoning ordinance map amendment. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the board of city commissioners may amend, supplement, or change the zoning boundaries or classification of property on the zoning map as set forth in this Section.

(1)

Initiation of amendments. A proposed zoning map amendment as described in section 105-2-2 may be initiated by the board of city commissioners upon its own motion, or upon receipt of a request therefor from the planning and zoning commission, or upon receipt of a petition therefor from any interested person or their agents.

(2)

Additional submittals. A zoning ordinance map amendment application shall include the following additional submittals:

a.

Map or written statement evidencing conformity with the future land use map of the City of Mandan Land Use and Transportation Plan and/or any corresponding goals, objectives, policies, and other information contained therein. Evidence of conformity shall include:

1.

Where the requested zoning district(s) aligns with the future land use map designation(s); or

2.

Where two or more future land use map designations apply to an area that is part of the application for a zoning ordinance map amendment and only one future land use map designation aligns with the requested zoning district, the applicant shall outline how the application also aligns with the goals, objectives, policies, and other information contained within the City of Mandan Land Use and Transportation Plan; or

3.

If no future land use designations apply to the area that is part of the zoning ordinance map amendment, the applicant shall be required to successfully amend the future land use map as outlined in this section.

b.

An ESRI shapefile (.shp) of the zoning ordinance map amendment area projected in spatial reference well-known ID (WKID) 102721.

c.

Map of area, including the subject property and surrounding 300 feet. The map shall include the current and proposed zoning of the subject property and neighboring property's current zoning, including street names and base aerial imagery for reference. If the nearest road is greater than 300 feet from the subject property, the map shall be scaled back to incorporate the nearest street intersection for reference but is not required to include zoning information for properties outside the 300-foot surrounding area.

(3)

Complete application received. A complete application shall be received no less than 30 days prior to the desired planning and zoning commission meeting date.

(4)

Public hearing noticing requirements. Notice of the hearings described in subsections (5) and (6) must be published once a week for two successive weeks before the time set for the hearing in the official newspaper of the city. Property owners within 300 feet of the boundary of the area of the proposed amendment shall be notified by mail. The property owner notice requirement shall be considered to be met if reasonable effort is made to contact applicable property owners, even if some are inadvertently omitted from notification. The notice must contain the following items:

a.

The time and place of the hearing.

b.

A description of any property involved in any zoning change, by street address if streets have been platted or designated in the area affected.

c.

A description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary.

d.

A statement of the times at which the application will be available to the public for inspection and copying at the office of the city auditor or his/her designee.

(5)

Planning and zoning public hearing required. The planning and zoning commission shall hold a public hearing to review the application for a zoning ordinance map amendment. The planning and zoning commission may recommend approval, recommend approval with restrictions, recommend denial, or table the public hearing to a future date. A recommendation shall include or reference findings of fact related to the application and forwarded to the board of city commissioners. A motion to table the application to a future date shall be limited to no longer than 60 days.

(6)

City commission public hearing required—First consideration. The board of city commissioners shall hold a public hearing no sooner than is possible to follow the public hearing noticing requirements. The public hearing shall be the first consideration of the ordinance. The board of city commissioners may approve, approve with restrictions, deny, or table the public hearing to a future date. A decision shall include or reference findings of fact related to the application. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the application is final and no second consideration is required. If substantial changes to the zoning map amendment are required the public hearing shall be repeated and follow the public hearing noticing requirements.

(7)

City commission public meeting required—Second consideration. The board of city commissioners shall hold a public meeting no sooner than ten days following the first consideration of the zoning ordinance map amendment. The zoning ordinance map amendment shall not substantially differ from that presented at the preceding public hearing. The board of city commissioners may, at their discretion, hear public testimony related to the application. The board of city commissioners may approve, approve with restrictions, deny, or table the public hearing to a future date. A decision shall include or reference findings of fact related to the application. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the application is final.

(8)

Required vote for passage. If a protest against an amendment is signed by the owners of 20 percent or more:

a.

Of the area of the lots included in such proposed change; or

b.

Of the area adjacent, extending 150 feet from the area to be changed, excluding the width of streets,

the amendment shall not become effective except by the favorable vote of four of the five members of the governing body of the city.

(9)

Restrictions. Zoning ordinance map amendments which list allowable uses shall not be construed to be permission to conduct uses in perpetuity. Listed allowable uses shall be further limited by any zoning ordinance text amendment that affects, excludes, alters, or relates to a use contained in said list. The required land use application procedure shall be followed per chapter 105 district regulations (zoning) at the time of initiation of any use.

(10)

Evaluative criteria. In order to provide a favorable recommendation by the planning and zoning commission or final decision by the board of city commissioners, the following must be considered:

a.

How the proposed zoning district aligns with the City of Mandan Land Use and Transportation Plan and other plans as may be adopted by the board of city commissioners. Alignment includes:

1.

Fulfilling the goals, objectives, and policies of the future land use plan;

2.

Fulfilling the goals, objectives, and policies of other plans as may be adopted by the city; and

3.

Fulfillment of the zoning-future land use crosswalk where one is adopted by the planning and zoning commission.

(c)

Zoning ordinance text amendment. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the board of city commissioners may amend, supplement, or change the regulations in the zoning ordinance as set forth in this section.

(1)

Initiation of amendments. A proposed zoning text amendment may be initiated by the board of city commissioners, planning and zoning commission, the planning office, or any interested person or their agent.

(2)

Additional submittals. A zoning text amendment application shall include the following additional submittals:

a.

Summary of the goal(s) intended to be achieved by the amendment; and

b.

Word document with tracked changes enabled, showing all mark-up of the existing ordinance and proposed changes.

(3)

Complete application received. A complete application shall be received no less than 30 days prior to the desired planning and zoning commission meeting date.

(4)

Public hearing noticing requirements. Notice of the hearing must be published once a week for two successive weeks before the time set for the hearing in the official newspaper of the city. The notice must contain the following items:

a.

The time and place of the hearing.

b.

A description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary.

c.

A statement of the times at which the application will be available to the public for inspection and copying at the office of the city auditor or his/her designee.

(5)

Planning and zoning public hearing required. The planning and zoning commission shall hold a public hearing to review the application for a zoning ordinance text amendment. The planning and zoning commission may recommend approval, recommend approval subject to changes, recommend denial, or table the public hearing to a future date. A motion to table the application to a future date is limited to no longer than 60 days.

(6)

City commission public hearing required—First consideration. The board of city commissioners shall hold a public hearing no sooner than is possible to follow the public hearing noticing requirements. The public hearing shall be the first consideration of the ordinance. The board of city commissioners may approve, approve subject to changes, deny, or table the public hearing to a future date. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the application is final and no second consideration is required. If substantial changes to the ordinance are required the public hearing shall be repeated and follow the public hearing noticing requirements.

(7)

City commission public meeting required—Second consideration. The board of city commissioners shall hold a public meeting no sooner than ten days following the first consideration of the zoning ordinance text amendment. The zoning ordinance text amendment shall not substantially differ from that presented at the preceding public hearing. The board of city commissioners may, at their discretion, hear public testimony related to the application. The board of city commissioners may approve, approve subject to changes, deny, or table the public hearing to a future date. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the application is final.

(8)

Evaluative criteria. In order to provide a favorable recommendation by the planning and zoning commission or final decision by the board of city commissioners, the following must be considered:

a.

How the proposed zoning ordinance text amendment serves the public interest; and

b.

How the proposed zoning ordinance text amendment aligns with the goals, objectives, and policies outlined in the City of Mandan Land Use and Transportation Plan and other plans as may be adopted by the board of city commissioners.

(d)

Conditional/special use permit. In order to carry out the purposes of this chapter, the board of city commissioners finds it necessary to require that certain uses, because of unusual size, safety hazards, infrequent occurrence, effect on surrounding area or other reasons, be reviewed by the planning and zoning commission prior to the board voting on whether or not to approve the use at a specific site.

(1)

Additional submittals. A special or conditional use permit application shall include the following additional submittals:

a.

An answer with explanation for each of the following questions:

1.

Will the proposed use be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the neighborhood?

2.

Will the proposed use involve activities, processes, materials, equipment, or conditions of operation that will be incompatible with the neighborhood due to the production of traffic, noise, smoke, fumes, glare, or odors?

3.

Will the hours of operation of the proposed use be different than the adjacent uses?

4.

Will the proposed use require exterior lighting of a type and intensity greater than the adjacent uses?

5.

Will the site of the proposed use have sufficient area to provide the parking required for the use?

6.

Will the proposed use require adjustments to the normal lot size, height, and setback requirements of the district?

(2)

Complete application received. A complete application shall be received no less than 30 days prior to the desired planning and zoning commission meeting date.

(3)

Public hearing noticing requirements. Notice of the hearing must be published at least ten days before the time set for the hearing in the official newspaper of the city. Property owners within 500 feet of the boundary of the area of the proposed conditional use shall be notified by mail. The property owner notice requirement shall be considered to be met if reasonable effort is made to contact applicable property owners, even if some are inadvertently omitted from notification. The notice must contain the following items:

a.

The time and place of the hearing.

b.

A description of the nature, scope, and purpose of development requiring a special use permit.

c.

A statement of the times at which the application will be available to the public for inspection and copying at the office of the city auditor or his/her designee.

(4)

Planning and zoning public hearing required. The planning and zoning commission shall hold a public hearing to review the application for a special use permit. The planning and zoning commission may recommend approval, recommend approval with conditions, deny, or table the public hearing to a future date. A recommendation to approve or approve with conditions shall include or reference findings of fact related to the application and forwarded to the board of city commissioners. Conditions of approval shall be related and roughly proportional to mitigate negative externalities affecting nearby property owners and the general public and to fulfill the intent of the adopted plans of the city. A decision to table the application to a future date shall be limited to no longer than 60 days. A decision to deny is final.

(5)

City commission ratification of approval required. If the planning and zoning commission recommends to approve or approve with conditions and no appeal is filed as provided in this section, the action by the board of city commissioners may be by consent. The board of city commissioners may approve, approve with conditions, deny, or table the item to a future date. Conditions of approval shall be related and roughly proportional to mitigate negative externalities affecting nearby property owners and the general public and to fulfill the intent of the adopted plans of the city. A motion to table the item to a future date shall be limited to no longer than 60 days. A decision to deny is final.

(6)

Evaluative criteria. In order to provide a favorable recommendation by the planning and zoning commission or final decision by the board of city commissioners, the following must be considered:

a.

The proposed use is in harmony with the purpose and intent of this chapter;

b.

The proposed use is not in conflict with the adopted comprehensive plan of the city;

c.

The proposed use will not adversely affect the health, safety, and general welfare of the public and the workers and residents in the area;

d.

The proposed use will not be detrimental to the use or development of adjacent properties or of the surrounding neighborhood;

e.

The proposed use meets all appropriate regulations for the district in which it will be located;

f.

The proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of importance to the community;

g.

The proposed use includes adequate screening or buffering to compensate for any departure that the proposed use has from existing adjacent uses; and

h.

The proposed use includes adequate provisions for those individuals who are mobility impaired.

(7)

Permit expiration. Conditional/special use approval is valid for one year. Should a building permit not be issued within one year of receiving special/conditional use approval from the city commission, the approval will lapse. An extension may be granted by the board of city commissioners upon receipt of a written request prior to the one-year expiration.

(e)

Zoning variance. On appeal from an order, requirement, decision, or determination made by an administrative official, the board of city commissioners may vary or adjust the strict application of any of the requirements of this chapter in the case of an exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical or topographical condition, by reason of which the strict application of the provisions of the chapter would result in unnecessary hardship that would deprive the owner of a reasonable use of the land or building involved, but in no other case.

(1)

Additional submittals. A zoning variance application shall include the following additional submittals:

a.

Detailed statement including the following:

1.

The circumstances or conditions applying to the land or buildings for which the variance is sought;

2.

How the applicant is deprived of a reasonable use of said land or building;

3.

How the grant of a variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

4.

The minimum variance that will accomplish the relief sought.

(2)

Complete application received. A complete application shall be received no less than 30 days prior to the desired planning and zoning commission meeting date.

(3)

Public hearing noticing requirements. Notice of the hearing must be published at least ten days before the time set for the hearing in the official newspaper of the city. Property owners within 150 feet of the boundary of the area of the proposed variance shall be notified by mail. The property owner notice requirement shall be considered to be met if reasonable effort is made to contact applicable property owners, even if some are inadvertently omitted from notification. The notice must contain the following items:

a.

The time and place of the hearing.

b.

A description of the nature, scope, and purpose of the variance request.

c.

A statement of the times at which the application will be available to the public for inspection and copying at the office of the city auditor or his/her designee.

(4)

Planning and zoning public hearing required. The planning and zoning commission shall hold a public hearing to review the application for a variance. The planning and zoning commission may recommend approval, recommend approval with conditions, recommend denial, or table the public hearing to a future date. A recommendation shall include or reference findings of fact related to the application and forwarded to the board of city commissioners. Conditions of approval shall be related and roughly proportional to mitigate negative externalities affecting nearby property owners and the general public and to fulfill the intent of the adopted plans of the city. A motion to table the application to a future date shall be limited to no longer than 60 days.

(5)

City commission public hearing required. The board of city commissioners shall hold a public hearing no sooner than is possible to follow the public hearing noticing requirements. The board of city commissioners may approve, approve with conditions, deny, or table the public hearing to a future date. Conditions of approval shall be related and roughly proportional to mitigate negative externalities affecting nearby property owners and the general public and to fulfill the intent of the adopted plans of the city. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the variance is final.

(6)

Evaluative criteria. No adjustment in the strict application of any provisions of this chapter shall be recommended by the planning and zoning commission or granted by the board of city commissioners unless it finds that:

a.

There are special circumstances or conditions, fully described in the findings of the board, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building, and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant taken subsequent to the adoption of this chapter, whether in violation of the provisions of the chapter, or not;

b.

For reasons fully set forth in the findings of the board, the circumstances or conditions so found are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of said land or building, and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the board is the minimum variance that will accomplish the relief sought by the applicant; and

c.

The grant of the variance will be in harmony with the general purposes and intent of this chapter, and not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(f)

Future land use map/plan amendment.

(1)

Initiation of amendments. A proposed future land use map/plan amendment may be initiated by the board of city commissioners upon its own motion, or upon receipt of a request therefor from the planning and zoning commission, or upon receipt of a petition therefor from any interested person or their agents. The amendments are limited to the planned land uses for a subject property and do not include amendments to other components of the land use and transportation plan or other plans that have been adopted by the city.

(2)

Additional submittals. A future land use map amendment application shall include the following additional submittals:

a.

An explanation of how the application aligns with the goals, objectives, policies, and other information contained within the City of Mandan Land Use and Transportation Plan and other plans adopted by the city; and

b.

How any amendment, if approved, would not further create potential for disharmonious adjacent land uses; and

c.

An ESRI shapefile (.shp) of the future land use map amendment area and projected in spatial reference well-known ID (WKID) 102721.

(3)

Complete application received. A complete application shall be received no less than 30 days prior to the desired planning and zoning commission meeting date.

(4)

Public hearing noticing requirements. Notice of the hearing must be published once a week for two successive weeks before the time set for the hearing in the official newspaper of the city. Property owners within 500 feet of the boundary of the area of the proposed amendment shall be notified by mail. The property owner notice requirement shall be considered to be met if reasonable effort is made to contact applicable property owners, even if some are inadvertently omitted from notification. The notice must contain the following items:

a.

The time and place of the hearing.

b.

A description of any property involved in any future land use map amendment, by street address if streets have been platted or designated in the area affected.

c.

A description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary.

d.

A statement of the times at which the application will be available to the public for inspection and copying at the office of the city auditor or his/her designee.

(5)

Planning and zoning public hearing required. The planning and zoning commission shall hold a public hearing to review the application for a future land use map amendment. The planning and zoning commission may approve, deny, or table the public hearing to a future date. The adoption of the amendment shall be by a resolution of the commission carried by the affirmative votes of not less than two-thirds of the members thereof. An attested copy of the amendment shall be certified to the governing body of the municipality, if approved. A decision shall include or reference findings of fact related to the application. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the land use amendment or failure to approve the amendment by the affirmative of at least two-thirds of the members is final.

(6)

City commission public hearing required. The board of city commissioners shall hold a public hearing no sooner than is possible to follow the public hearing noticing requirements. No change or addition to the master plan or any part of it as adopted by the planning commission shall be made by the governing body until the proposed change or addition shall have been referred to the planning commission for report thereon and an attested copy of the commission's report is filed with the governing body. The failure of the planning commission to report within thirty days after the date of the request for the report by the governing body shall be deemed to be an approval by the commission of the additions or changes. If the additions or changes are disapproved by the commission, a two-thirds vote of the entire governing body shall be necessary to pass any ordinance overruling such disapproval. The board of city commissioners may approve, deny, or table the public hearing to a future date. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision to deny the land use amendment is final.

(7)

Evaluative criteria. In order to provide a favorable decision, the following must be considered:

a.

Does the proposed amendment align with the goals, objectives, policies, and other information contained within the City of Mandan Land Use and Transportation Plan and other plans adopted by the city; and

b.

Will the amendment, if approved, further create potential for disharmonious adjacent land uses; and

c.

Does the amendment contribute toward the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality and its environs, which, in accordance with present and future needs, best will promote the amenities of life, health, safety, morals, order, convenience, prosperity, and general welfare as well as efficiency and economy in the process of development, including adequate provision for light and air, distribution of population, good civic design and arrangement, wise and efficient expenditure of public funds, the adequate provision of public utilities and other public requirements, the improvement and control of architecture, and the general embellishment of the area under its jurisdiction.

(g)

Request for reconsideration.

(1)

Request for reconsideration. The applicant who originally initiated the application may file a one-time appeal with the city planner within 30 days of the final decision for land use applications contained in chapter 105. The request shall be of reconsideration of a final decision by the board of city commissioners.

(2)

Complete application. The request for reconsideration shall include a complete summary of the reasons for the request, including any new evidence or information if applicable.

(3)

Public hearing noticing requirements. Public and neighboring property owner noticing of the hearing must follow the public hearing noticing requirements of the respective land use application for the hearing body for which a final decision is rendered. The property owner notice requirement shall be considered to be met if reasonable effort is made to contact applicable property owners, even if some are inadvertently omitted from notification. The notice must contain the following items:

a.

The time and place of the hearing;

b.

A description of any property involved in the request, by street address if streets have been platted or designated in the area affected;

c.

A description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary; and

d.

A statement of the times at which the application will be available to the public for inspection and copying at the office of the city auditor or his/her designee.

(4)

Public hearing required. The board of city commissioners shall hold a public hearing no sooner than is possible to follow the public hearing noticing requirements of the respective land use application of the hearing body for which a final decision is rendered. The board of city commissioners may approve, approve with conditions, deny, or table the public hearing to a future date. Conditions of approval shall be related and roughly proportional to mitigate negative externalities affecting nearby property owners and the general public and to fulfill the intent of the adopted plans of the city. A motion to table the application to a future date shall be limited to no longer than 60 days. A decision rendered for the request for reconsideration is final, and any further appeals must be made to the district court.

If a request for reconsideration results in reversing a denied zoning ordinance map or text amendment, the zoning ordinance map or text amendment will be considered an approval of the first consideration, and a second consideration is required subject to the procedures outlined in this section.

(Code 1957, §§ 14-0223, 14-0226; Code 1994, §§ 21-06-01, 21-07-01, 21-07-02; Ord. No. 1335, § 3, 3-17-2020)

State Law reference— Board of adjustment and appeals, N.D.C.C. § 40-47-07 et seq.; amendments to zoning ordinances, N.D.C.C. § 40-47-05.

In addition to the requirements contained elsewhere in this title related to specific uses or districts, the following requirements shall apply to all property within the city. If these requirements conflict with the requirements for specific uses or districts, the requirements for specific uses or districts shall apply.

(1)

Time limit. Each lot or parcel of land shall be landscaped within one year of issuance of a certificate of occupancy or within two years of issuance of a building permit if a certificate of occupancy has not been issued.

(2)

Landscaping includes but is not limited to:

a.

Grass that is maintained in a healthy condition;

b.

Trees, shrubs, flowers, ground cover and other cultivated vegetation that are maintained in a healthy condition;

c.

Walking paths or maintained trails;

d.

Decorative walls or retaining walls; and

e.

Rocks, ornamental structures or seating.

(3)

Landscaping does not include:

a.

Unmaintained areas containing weeds or grasses;

b.

Paved parking and driveway areas;

c.

Gravel or dirt surfaces; and

d.

Areas used for the display of merchandise.

(4)

Zoning district criteria.

a.

For lots with residential structures containing one to four dwelling units, the requirement applies to every area of the lot not covered by structures or paving.

b.

For lots containing multi-family (greater than four dwelling units), commercial and industrial structures, a landscaping plan shall be submitted to and approved by the MARC prior to issuance of a grading or building permit.

c.

For lots within multi-family and commercial districts containing multi-family structures with more than four dwelling units or commercial structures, the requirement applies to the front yard setback and the rear yard or side yard setback bordering a residential zoned property. The requirement is the lesser of:

1.

At least 50 percent of the yard setback areas must be landscaped; or

2.

At least ten percent of the developable lot area must be landscaped. When determining developable area, areas with steep slopes or low areas subject to constant or frequent inundation may be excluded from the calculation.

d.

For lots in industrial districts the requirement applies to the front yard setback and the rear yard or side yard setback bordering a residential zoned property. The requirement is the lesser of:

1.

At least 25 percent of the yard setback areas must be landscaped; or

2.

At least five percent of the developable lot area must be landscaped. When determining developable area, areas with steep slopes or low areas subject to constant or frequent inundation may be excluded from the calculation.

e.

Large commercial and industrial lots. For commercial and industrial lots where the landscaping area requirement exceeds 5,000 square feet, trees or shrubs must be included in the landscaped area per the requirements of Chapter 14-01 administered by the Mandan Architectural Review Commission.

(5)

Enforcement.

a.

Any authorized city employee or agent of the city may issue a notice of violation to a property owner. The notice of violation shall state the requirements to bring the property into compliance and shall set a time limit for accomplishing compliance.

b.

Once the property owner has brought the property into compliance, the property owner shall contact the city and arrange for an inspection to document compliance.

c.

When the city is satisfied that the lot has been brought into compliance, the city will issue a written letter acknowledging compliance and rescinding the notice of violation.

d.

Should the property owner fail to bring the property into compliance within the specified timeframe, the city may grant a time extension for good cause or cite the property owner into municipal court.

e.

Once the city has cited the property owner into municipal court, each day that the property remains in non-compliance is considered a separate violation.

(Ord. No. 1188, § 1(21-03-11), 12-16-2014)

(a)

Purpose. The purpose of these sign requirements is to establish regulations that allow businesses to effectively convey information through signage while also maintaining a neat and orderly appearance. These regulations apply to new signs installed after adoption of these regulations and existing signs that are rebuilt or relocated. Permanent types of signs require a building permit and payment of the established fee. Permanent signs must meet building and utility code requirements.

(b)

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

Awning means a roof-like structure that is supported by a metal or wood frame.

Banner means a sign printed on lightweight, flexible material such as cloth, canvas or plastic that contains decorations and/or graphics or provides information to the public that is temporarily attached to a building or suspended between permanent poles or columns.

Bench sign means a place for people to sit that also contains wording and/or graphics advertising a business or activity.

Billboard means an off-premise sign constructed to industry standards that either advertises one business or contains an easily changeable face that can be rented by a business or multiple businesses for a period of time.

Canopy means a structure or architectural element, other than an awning, that is made of metal or other noncombustible materials and is either freestanding or attached to a building.

Canopy sign means a message or identification which is affixed to or supported by a canopy.

Directional means an on-premise sign using arrows and/or words to assist with internal circulation that may contain the name or logo of an establishment but no advertising copy.

Display means a structure of any kind that is arranged, intended, designed or used as an advertisement, announcement or direction.

Electronic or changeable copy means a portion of a sign that includes a screen or letters, characters, or graphics that are not permanently affixed to the structure, that can be modified from time to time either electronically or manually.

Erect means to build, construct, attach, hang, place, suspend or affix.

Facing or surface means the part of a sign upon, against, or through which the message is displayed or illustrated.

Flag sign means a loose section of fabric or other flexible material designed to move with the wind that is attached to a lightweight pole which is either pushed into the ground or into some form of support.

Flashing means a pattern of changing light, pictures or wording for the purpose of drawing attention to the sign.

Frame effect means a defining element on an electronic message center sign applied to a single frame or to transition from one frame to the next.

Frame hold means the duration or interval of time during which each individual advertisement or message is displayed on any sign which is capable of sequentially displaying more than one advertisement or message on its display surface.

Freestanding means a sign supported by uprights or braces placed in or upon the ground surface with no attachment to any building.

Illuminated means a sign that has either internal or external lights or luminous tubes.

Marquee means a hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a sidewalk.

Marquee sign means a message attached to the face of a marquee.

Monument means a freestanding sign where the entire bottom of the sign is affixed to a base on the ground that fully supports the sign.

NIT means a unit of illuminative brightness equal to one candela (12.5 lumens) per square meter measured perpendicular to the rays of the source.

Non-conforming means a sign that was lawfully erected prior to the effective date of the ordinance that adopted this article and that fails to conform to any of the provisions of this article.

Obstructive means a sign erected with the purpose of hiding or covering from the view of the public an adjacent or nearby sign.

Off-premise means a sign advertising a business, person, service or product which is located or conducted elsewhere than on the premises where the sign is located.

On-premise means a sign advertising a business, service or major product located on that property.

Permanent means a sign not falling under the definitions of temporary or portable.

Pole means a free standing sign supported from the ground by one or two supports that are normally bare.

Portable means a sign designed to be transported, including inflatable devices and signs carried or attached to a trailer or vehicle unless such trailer or vehicle is used in normal day-to-day operations of the business.

Post and panel means a freestanding sign that does not have a base other than the support posts.

Privilege panel means a permanent sign provided by the distributor or manufacturer of a product which utilizes a portion of the sign to advertise a specific product with the rest of the sign allocated to identifying business located at the property upon which the sign is placed.

Projecting means a sign which is attached directly to a building wall and which extends more than 12 inches from the face of the wall.

Pylon means a free standing sign supported from the ground by one or two supports that are normally shrouded.

Roof means a sign erected or constructed wholly upon or over the roof of a building.

Sign means any written announcement, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person when the same is displayed or placed out of doors in view of the general public and shall include every detached sign or billboard and every sign attached to or forming a component part of any building marquee, canopy, awning, street clock, pole, parked vehicle or other object whether stationary or moveable.

Sign size.

(1)

The size of a sign shall mean the area including all lettering, wording, and accompanying designs, logos, and symbols. The area of a sign shall not include any supporting framework, bracing or trim which is incidental to the display, provided that it does not contain any lettering, wording, or symbols.

(2)

Where the sign consists of individual letters, designs, or symbols attached to a building, awning, or wall, the area shall be that of the smallest rectangle which encompasses all of the letters, designs, and symbols.

Signable wall surface area means the portion of a building wall that is free of windows, doors or major architectural details.

Sight triangle means the area on each side of a driveway, the area at the intersection of two streets or the area at the intersection of an alley and a street that provides visibility along the street for drivers of vehicles, pedestrians and cyclists wishing to turn onto or cross the adjoining street or exit the property onto or across the street.

Streamer means one or more small, typically triangular, flags attached to a line or cable that can be tied or otherwise attached to a portion of a permanent structure or sign post.

Temporary means a sign that is designed to be used only for a limited period of time to advertise a special event or activity and includes banners, construction signs, finance signs, real estate signs, flag signs, political signs, portable signs and streamers.

Wall mount means a sign which is affixed parallel to the exterior wall of a building and which does not project more than 12 inches from the surface to which it is attached nor does it extend beyond the top of any parapet wall.

Window means a sign which faces the exterior of the building and is applied in any manner to the window from either side.

(c)

Application for permit. An application for issuance of a sign permit shall be submitted to the City of Mandan Building Department. An application shall include all necessary drawings and specifications showing dimensions and materials to be used on the sign. Required fees must be paid before an application will be processed. Fees for processing and issuance of a sign permit shall be set by action of the board of city commissioners. Actions requiring a permit include the following.

(1)

Alterations to an existing sign. No sign shall be altered except in conformity with the provisions of this policy. The changing of moveable parts of an approved sign that is designed for such changes, repainting the sign or reposting of display matter shall not be deemed an alteration provided the conditions of the original approval and the requirements of this section are not violated.

(2)

New signs.

(3)

Relocated signs. A sign that is moved to another location on the same premise or to another premise.

(d)

Permit exemptions. No permit shall be required for signs or outdoor display structures listed here. However, not having to get a permit does not relieve the owner of the sign from responsibility for its erection and maintenance in a safe and conforming manner to the requirements contained in this section.

(1)

Directional or instructional signs. Signs not exceeding four square feet in area which provide direction, instruction or identify public facilities; are located entirely on the property to which they pertain; and do not in any way advertise a business.

(2)

Political signs. Signs that meet the standards contained in this section.

(3)

Professional name plates. Professional name plates not exceeding two square feet in area.

(4)

Real estate, construction and finance signs. These signs do not require a permit but signs larger than 16 square feet must be registered with the building department.

(5)

Rental signs. Rental companies that provide portable signs to businesses must register with the building department and provide an inventory of where the signs are located by the 5th business day of each month in which they have a sign rented within the city. The inventory shall include the dates that the sign was or will be in place.

(6)

Special displays. Decorative displays used for holidays, public demonstrations or promotion of civic welfare or charitable purposes and on which there is no commercial advertising.

(7)

Store signs. Signs erected on a show window or on the door of a store or business establishment which announces the name of the proprietor and the nature of the business conducted therein as well as temporary signs placed in windows used to advertise a special product or sale.

(8)

Street signs. Signs erected by the city for street direction.

(9)

Transit directions. Signs designating the location of a transit line, a railroad station or other public carrier not more than three square feet in area.

(e)

Processing of application. Upon receipt of a sign permit application, the building department shall process the application in a timely manner relaying all information that pertains to any violation of the city codes and ordinances so the applicant can make changes as needed to comply with standards set forth by this section. If a situation arises and the applicant requests a variation of this section an application to the Mandan Architectural Review Commission (MARC) can be requested by the applicant for a site specific waiver. The MARC meeting shall occur within thirty (30) days of the request for a site specific waiver. Once the MARC has reviewed the application and rendered a decision, the building department will process the application and issue any permit recommended by the MARC.

(f)

Mandan Architectural Review Commission (MARC). The MARC is responsible to apply the standards contained in this section when reviewing any sign application submitted to it however it may also grant site specific waivers, for variations to this section, when it deems the design of the sign meets the intent of this section and will cause no disruption to pedestrians or surrounding buildings. The MARC shall review the application and notify the building department of its determination. If the MARC approves the application, the building department will issue the appropriate permit. The MARC may attach any conditions it deems appropriate to any approval granted. The reasons for the decision set forth by MARC must be documented in the minutes of the MARC meeting.

(g)

Unsafe or unlawful signs. Unlawful signs shall be submitted to the Code Enforcement Officer and an application for the unlawful sign shall be submitted to the Building Inspections Department. The Code Enforcement Officer and building department shall take whatever action is necessary to correct an unsafe condition with a sign or have an unlawful sign removed. If necessary, the Code Enforcement Officer and building department may file a complaint with any court of competent jurisdiction.

(1)

Whenever any sign becomes insecure, in danger of falling or otherwise unsafe, the owner of the sign shall be notified by the building department and given a specified time to correct the problem.

(2)

The building department shall order the removal of any sign that has been unlawfully installed, erected or maintained in violation of any of the provisions of this code.

(3)

The building department shall notify the owner and lessee of a building or structure whenever a sign is so erected as to obstruct free ingress to or egress from a required door, window, fire escape or other required exit way and shall require appropriate corrective action within a specified time frame.

(4)

Signs damaged by storm or accident shall be repaired to a safe condition by the owner of the sign at the direction of the building department within a specified period of time. Signs that present a clear and present danger to the public shall be removed or repaired within 48 hours. Signs that are impeding traffic may be removed immediately by the city and the owner of the sign billed for the costs incurred by the city.

(5)

Signs that are destroyed or removed shall not be re-erected, reconstructed, rebuilt or relocated unless the sign is made to comply with all applicable requirements of this section.

(6)

A sign that no longer advertises a bona fide business or product is considered an unlawful sign and must be removed or covered.

(h)

Non-conforming signs.

(1)

A previously approved or permitted and properly maintained non-conforming permanent sign will be allowed until the building is remodeled to an extent greater than 50 percent of its value, a new business occupies the building or structural or dimensional changes are proposed for the sign.

(i)

Maintenance and inspection.

(1)

It shall be the duty and responsibility of the owner or lessee of every sign to maintain the sign in a clean, sanitary and healthful condition.

a.

The sign, together with all supports, braces, guy wires and anchors, and individual letters and symbols shall be kept in good repair

b.

Parts that are not galvanized or constructed of approved corrosion-restrictive materials shall be painted as necessary to prevent corrosion.

(2)

Every sign for which a permit has been issued shall be inspected by the building department upon completion of erection or installation.

(j)

General requirements and provisions.

(1)

All signs shall be designed and constructed in conformity to the provisions for materials, loads and stresses of the adopted version of International Building Code Appendix H.

(2)

No sign shall be illuminated by other than electrical means and electrical devices. Wiring shall be installed in accordance with the requirements of the ND State Electrical Board. No open spark or flame shall be used for display purposes unless specifically approved in writing by the building department and the fire chief.

(3)

No sign shall be erected at the intersection of any street, alley or driveway in such a manner as to obstruct the sight triangle.

a.

A sign shall not be located within a sight triangle if the portion of the sign or support posts between three feet and ten feet above the edge of the roadway will be greater than ten inches wide.

b.

The sight triangle for intersections that are not traffic light controlled is the area measured along the curb or edge of pavement of the street to a point with a straight line distance of 25 feet from the curb or edge of pavement of the intersecting street.

c.

No sight triangle is required for intersections that are traffic light controlled.

d.

For intersections that are only partially controlled with stop signs, the sight triangle is only applied to the side streets that have stop signs.

e.

For an alley or driveway, the other side of the triangle is measured perpendicular to the street along the curb or edge of pavement of the alley or driveway to a point that is a distance of 15 feet from the curb or edge of pavement of the street. Sight triangles for alleys or driveways in commercial or industrial districts are not required but are recommended. Sight triangles for alleys and driveways in residential districts are not required.

f.

In zoning districts with a zero front yard setback, the depth of the sight triangle is limited to the boulevard area of the public right-of-way.

g.

Where existing conditions on a lot limit the options for location of a sign, the applicant may request that the MARC approve location of a designated type of sign within the limits of the sight triangle for a specific site. The reasons for the approval of the location must be documented in the minutes of the MARC meeting.

(4)

No sign shall be erected that closely resembles or approximates the size, shape or form of an official traffic regulation sign or marker.

(5)

No private sign shall be attached to a public building or structure, a utility pole or any existing public signage.

(6)

The light for a sign shall not be directed into any residential dwelling or towards any oncoming vehicle.

(7)

Signs, other than window signs, containing or utilizing flashing, rotating, or moving lights shall be prohibited unless they are used solely for public safety, e.g. construction markers.

(8)

The use of laser lights, strobe lights, searchlights, beacons and similar upward or outward oriented lighting as part of any sign is prohibited.

(9)

[Reserved.]

(10)

No sign shall be attached to, affixed to, painted or drawn on trees, shrubs, rocks, other natural features or organic material unless approved by the MARC or the city commission for a specific site or application. Certain species of wood products may be used for construction of a sign with approval of the MARC or city commission.

(11)

No Permanent sign shall use fluorescent type coloring such as that known as "day-glow".

(12)

No sign shall be attached to the stairwell railing of a basement business unless a site specific waiver of this requirement is approved by the MARC or the city commission.

(13)

Obstructive signs are prohibited.

(14)

No advertising sign within 300 feet of a residentially zoned area shall have any bulb that is greater than 11 watts of incandescent lighting or generate more than 165 lumens in light brightness. Public service information signs and other electronic message signs permitted within an area zoned for commercial or industrial use shall have a bulb no greater than 75 watts of incandescent lighting or generate more than 1,125 lumens of light brightness.

(15)

Illuminated signs are permitted for buildings housing three or more dwelling units.

(16)

No sign shall hide from a driver's view or interfere in any material degree with the effectiveness within 500 feet of any traffic control device, sign or signal.

(17)

No advertising sign, by reason of location, position, shape, or color may be designed to be confused with any public sign. The use of cautionary words such as: "stop", "danger", "caution", "beware" or similar words is prohibited.

(18)

No sign shall contain statements, words, or pictures of an obscene, indecent, pornographic, or immoral character.

(19)

Except for sidewalk signs in the downtown commercial area and signs above sidewalks, no sign shall be allowed in the public right-of-way unless otherwise provided for in this section.

(20)

Signs that can only be accessed from a state controlled roadway must have written approval from NDDOT.

(21)

No motorized vehicle or trailer on which is attached thereto or located thereon any sign or advertising device that provides the advertisement of products, services, or directs people to a business may be parked in a public right-of-way or on public property. This subsection shall not apply to vehicles that have been decorated with signs or messages advertising a business or product or to vehicular signs that are attached to or affixed on a motor vehicle used in the normal day-day-day operations of a business.

(22)

No sign shall be permitted to obstruct any window, door, fire escape, stairway, or opening intended to provide air, ingress or egress for any building or structure.

(23)

Audio speakers or any form of pyrotechnics are prohibited on or in association with a sign.

(24)

The total sign area for all permanent signs associated with a structure may not exceed 30% of the street fronting sides of the structure.

(k)

Zoning district requirements.

(1)

On single family and two family residentially zoned lots or subdivisions the following sign standards shall apply.

a.

Each lot may have one sign not exceeding two square feet in area. The sign may be of a wall, foundation or projecting type. Signs may not project past the property boundary. House numbers are not counted as a sign.

b.

For existing subdivisions, one sign not exceeding 12 square feet in area identifying the subdivision is allowed at each principal entrance.

c.

For existing subdivisions that were platted more than two years ago, one sign not exceeding six square feet in area may be erected at each principal entrance to the subdivision advertising property for sale or rent within the subdivision.

d.

For new subdivisions that were platted less than two years ago, one sign not exceeding 32 square feet in area may be erected at each principal entrance to the subdivision advertising lots or dwellings for sale within the subdivision.

e.

No sign shall be illuminated.

(2)

In business and industrial zoning districts and residential lots containing three or more dwelling units the following sign standards shall apply.

a.

Each business on a lot containing one or two businesses may have an individual freestanding sign. Lots with more than two businesses must share any freestanding signage. The MARC shall determine the number of signs allowed on any lot with multiple businesses.

b.

Each business may have one projecting, roof or marquee sign per building side.

c.

Each business may have one wall sign per building side.

d.

Each multi-family residential lot may have up to two signs.

(l)

Awnings and awning signs.

(1)

Awnings may extend from a building over the public right-of-way two feet less than the distance from building to curb. Such structures shall be at least eight feet above the sidewalk or ground grade line. Suspended signage or valances shall be at least eight feet above the sidewalk or ground grade line.

(2)

Awnings should complement the building architecture. Awning shape, color, material, and location on the building shall be compatible with the building architecture and relate well to the dominant architectural features.

(3)

Signs will be allowed on the band or the valance. Signs on a sloped surface shall be at the discretion of the MARC. The sign band shall be no greater than 12 inches in the downtown commercial area. Signs shall not be the dominant feature of an awning.

(4)

Awnings in historic areas and on historic buildings should respect the history of the area and buildings. Historic colors, styles, and mounting locations based on research, old photographs, and historic records are encouraged.

(5)

Awnings should generally be located to fit within window and/or door recesses.

(6)

A uniform shape, color, and placement should be used when multiple awnings are proposed for a single building. New awnings should generally match any existing awnings on the building. Existing inconsistent awning styles of a building do not justify approval of additional or new awning styles. Inconsistent awning styles are to be reduced, not increased with new awning approvals.

(7)

Individual awning proposals for multi-tenant buildings will be evaluated as to their acceptability as a model for use by all other similarly located tenants in the buildings.

(8)

Awnings shall be approved by the MARC if installed under significant eave overhangs, cantilevers, or other prominent architectural projections.

(9)

In the downtown commercial area, day-glow colors, reflective materials and illuminated back lighting of transparent materials are not allowed.

(10)

Solid colors or low contrast, non-jarring patterns are generally acceptable awning color treatments.

(11)

Fabric awnings shall not be painted.

(12)

Awnings shall be maintained in good repair with a clean and attractive appearance as long as they are installed on the building. Torn, bent and/or faded awnings shall be repaired, replaced or removed.

(13)

An application for an awning that is submitted to the MARC shall include a sample of the proposed awning material to show color, texture and finish.

(14)

If any upper story window is treated with an awning, then all upper story windows on that side of the building shall be treated with awnings.

(m)

Basement business signs.

(1)

When only one business is utilizing a basement area, an appropriate wall sign may be provided.

(2)

When two businesses exit from the basement of a building, appropriate signs or directories to such businesses may be provided on the wall over the entrance to the basement and coordinated with other building signs.

(3)

Signs or directories shall not exceed nine square feet in area.

(n)

Benches or structures with signage.

(1)

The total number of bench signs located in any district shall be limited and approved by the MARC.

(2)

Bench signs shall not be located closer than 75 feet to one another (measured from base to base).

(3)

Maximum height of four feet.

(4)

Maximum sign area of 20 square feet.

(5)

Only one advertising panel advertising one business is permitted per bench.

(6)

Bench rental companies shall be licensed with the city.

(7)

All signs and structures shall be properly maintained, well-kept and in good condition.

(8)

If signage is out of date, the signage or the structure shall be removed or replaced.

(9)

Signs must advertise Mandan businesses or events if they are located within public right-of-way.

(10)

MARC must review and recommend the design and content of any bench sign that will be located in public right-of-way. The city commission must grant approval for any bench sign that is to be located in public right-of-way. City commission may include conditions or design requirements with its approval.

(o)

Billboard signs.

(1)

No billboard sign shall exceed a height of 40 feet above the lot grade of the adjacent roadway.

(2)

The exposed upright or super structure of billboard signs shall be of non-corrosive metal materials or be painted a color so as to blend with the surrounding environment.

(3)

Billboard signs shall be of all steel or similar material, constructed and designed in accordance with the Mandan Building Code.

(4)

There shall be a minimum of 300 feet between billboards.

(5)

All billboards shall meet city, state and federal requirements and must be located totally on private property.

(p)

Canopy and canopy signs.

(1)

Canopies and canopy signs attached to a building may extend from the building into the public right-of-way to a point within two feet of the back of curb or edge of pavement where there is no curb. No portion of such a structure or anything attached to the structure shall be lower than eight feet above the sidewalk or ground grade line.

(2)

Canopy signs shall not extend more than 12 inches above or below a canopy.

(3)

Canopy signs shall not extend closer than three inches to any edge of a canopy.

(4)

Canopy signs may be located beneath or above an overhead canopy but shall not project lower than eight feet above the sidewalk.

(5)

There shall be only one canopy sign per business on each street exposure.

(6)

Canopies should complement the building architecture. Canopy shape, color, material, and location on the building shall be compatible with the building architecture, relate well to the dominant architectural features, and not cover up or hide handsome materials or important details.

(7)

Canopies in historic areas and on historic buildings should respect the history of the area and buildings. Historic colors, styles, and mounting locations based on research, old photographs, and historic records are encouraged.

(8)

Individual canopy proposals for multi-tenant buildings will be evaluated as to their acceptability as a model for use by all other similarly located tenants in the buildings.

(9)

Solid colors and/or low contrast, non-jarring patterns are generally acceptable canopy color treatments.

(10)

All applications for canopies shall include a sample of the proposed awning material to show color, texture, and finish.

(11)

If any upper story window is treated with a canopy, then all upper story windows shall be treated with canopies.

(q)

Electronic signs.

(1)

Flashing is prohibited.

(2)

The city reserves the right to require any sign to be modified based on display message including timing or frame changes or effects of movements displayed.

(3)

Ground signs, as defined by the IBC Appendix H102 and commonly referred to as billboards or off-premise signs, are permitted in commercial and industrial districts. When adjacent to federal or state aid highways, all NDDOT standards for design and approval must be followed. In those districts where permitted, ground signs must be spaced at least 300 feet apart along the roadway. Ground signs may not exceed 16 feet by 50 feet per face of sign in size (multiple faces must be treated as one face), and the support structure and sign may not exceed 50 feet in height, measured from the top of the nearest curb line to the top of the sign or structure. Additional requirements for digital billboards are included elsewhere in this section.

(4)

No electronic message center sign installed after January 1, 2010, shall be permitted to operate unless it is equipped with:

a.

A default mechanism that shall freeze the sign in one position as a static message if a malfunction occurs; and

b.

A mechanism able to automatically adjust the illuminative brightness of the display according to ambient light conditions by means of a light detector/photocell.

(5)

An electronic message center sign installed prior to January 1, 2010, shall be allowed to continue operation provided the brightness of the sign does not exceed a maximum illumination of 5,000 NITS during daylight hours or a maximum illumination of 750 NITS between one-half hour before sunset to one-half hour after sunrise as measured at the sign's face at maximum brightness. These illumination levels may be set manually or by an alternative method approved by the building official.

(6)

Only one electronic message center sign shall be allowed per property.

(7)

The electronic message center sign portion of any sign shall not exceed the area specified in the table below. The maximum size is based on the type of zoning district in which the sign is located and the functional classification of the roadway adjacent to the sign or 50 percent of the total sign area, whichever is less.

(8)

Electronic message center signs shall be subject to the following operational requirements:

a.

The sign shall have a frame hold time of no less than one second. The use of animation and background animation is allowed and is not subject to the one second frame hold time requirement.

b.

Entrance and exit effects may be used to transition from one frame to another, provided said entrance effects result in all of the text within the frame appearing at once or in the order that the text is normally read (including, but not limited to, scrolling from right to left or scrolling from bottom to top entrance effects). Entrance effects where all of the text within the frame does not appear at once or in the order that the text is normally read are prohibited (including, but not limited to, scrolling from left to right, scrolling from top to bottom, and entrance effects referred to as slot machine, slots, splice, mesh, radar, kaleidoscope and spin). There are no limitations on the types of exit effects used. Except for such transitions, each frame shall remain static with no additional frame or hold effects applied to text within the frame (including, but not limited to, the fading or flashing on any part of the message and hold effects referred to as flash, spin, twinkle, wavy and rumble). The use of bijou lights as a frame effect is allowed.

c.

The use of streaming video or full-motion video on any electronic message center sign is prohibited.

(9)

Electronic message center signs located within 300 feet of any residentially zoned district, as measured from any part of the sign to the nearest property line within any residential zoning district, are subject to the following additional requirements:

a.

The sign shall not exceed 32 square feet in area, or 50 percent of the total sign area, whichever is less.

b.

Between 7:00 a.m. and 10:00 p.m., the sign shall be allowed to operate. Between 10:00 p.m. and 7:00 a.m., the sign shall only display static images with a frame hold time of no less than three seconds and shall be limited to instantaneous transitions from one static frame to another static frame without the use of any frame entrance, exit or hold effects or the use of any animation or background animation.

(10)

An electronic message center sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.

(11)

No portion of any existing sign shall be replaced with an electronic message center sign unless a sign permit is obtained for the new electronic message center sign.

(12)

Digital billboards must be located at least 300 feet from any other non-digital ground sign (billboard), at least 1,200 feet from any other digital billboard, and at least 500 feet from an interstate interchange, as measured from any part of the sign to the nearest portion of any part of any other billboard sign on the same side of the roadway or to the nearest right-of-way line of the interchange. Digital billboards that face state or federal highways are subject to NDDOT regulation.

(13)

Digital billboard signs shall have a frame hold time of no less than seven seconds and must transition instantaneously from one static image to another static image without any special effects. The use of streaming video, full-motion video, and animation or frame effects is prohibited.

(r)

Marquee and marquee signs.

(1)

Marquees and marquee signs attached to a building may extend from the building into the public right-of-way to a point within two feet of the back of curb or edge of pavement where there is no curb. No portion of such a structure or anything attached to the structure shall be lower than eight feet above the sidewalk or ground grade line.

(2)

A sign attached to the face of a marquee may not exceed three feet above the top edge of the marquee and not to extend below the marquee's lower edge.

(3)

Marquee signs shall be constructed entirely of approved materials and size.

(4)

Marquee signs may extend the full length but in no case shall they project beyond the ends of the marquee.

(s)

Monument signs.

(1)

A monument sign shall be solid from the grade to the top of the structure using non-flammable architectural materials.

(2)

The minimum setback is ten feet from the property line or sight triangle, whichever is greater.

(3)

The maximum allowable height of a monument sign is 12 feet unless the sign is set back farther from the property line or sight triangle. For each additional two feet of setback, the height of the sign can be increased by one foot up to a maximum sign height of 16 feet.

(4)

Monument signs may be incorporated into a retaining wall or masonry wall.

(5)

The bottom edge of the sign portion of a monument sign must be in continuous contact with the base and be a minimum of 12 inches above grade.

(6)

Monument signs must be placed within a landscaped area.

(7)

No sign shall be attached to the stairwell railing of a basement business.

(t)

Post and panel signs.

(1)

A post and panel sign shall be no taller than 12 feet off the ground.

(2)

No part of the sign may encroach on the sight triangle.

(3)

The bottom edge of a post and panel sign must be a minimum of 12 inches above grade and must be placed within a landscaped area.

(4)

The support posts must be made of a non-flammable material.

(u)

Projecting signs.

(1)

The bottom edge of the sign board, or of any affixed devices, must be at least eight feet above grade.

(2)

A projecting sign or any part thereof may not project more than 36 inches from the face of the supporting building, not be within less than two feet of the back of the curb, not be more than ten feet in height and not be greater than 30 inches in width.

(3)

No projecting sign shall extend more than four feet above a building roof eave or parapet.

(4)

No projecting sign shall originate from other than a front wall of the building. The maximum square footage for sign face is 50 square feet.

(5)

No projecting sign shall be permitted in any alleyway.

(v)

Pylon and pole signs.

(1)

No pylon or pole sign shall extend into a public utility easement or right-of-way.

(2)

The maximum pylon or pole sign height is 25 feet in the downtown commercial area; 40 feet in the other commercial and industrial districts; and 60 feet in the Gateway Overlay Zone.

(3)

The sign portion of a pylon or pole sign shall be a minimum of ten feet above the top of curb or surrounding grade, whichever is higher. The clearance shall be a minimum of 13 feet within a vehicle parking or travel area.

(4)

For single business properties with sufficient frontage, multiple pylon or pole signs will be allowed provided they can be set back from the adjacent or adjoining lot line a minimum of 25 feet and are no closer to each other, as measured parallel to the property frontage, than 155 feet.

(5)

A pylon or pole sign's support shall originate from the surface of the ground only and be made of non-flammable material.

(6)

Pylon or pole signs may be used as a directory for more than one business.

(7)

The maximum sign area for pylon and pole signs is 2.5 square feet per 1 foot of lot frontage but cannot exceed 30% of the area of all sides of the building that front a street.

(w)

Roof signs. Roof signs shall not project above the roof peak (this includes mounting brackets).

(x)

Sidewalk signs.

(1)

All signs must be self-supporting and not be attached to any other structure or object.

(2)

One sign of this type will be allowed per place of ground level business.

(3)

The maximum width of a sign shall be two and one-half feet, a minimum height of three feet and a maximum height of four feet.

(4)

The sign support and base shall not extend beyond the edge of the sign.

(5)

A sign shall be placed only where a minimum width of three feet for pedestrian movements can be maintained.

(6)

This type of sign is allowed only within a business district.

(7)

Signs may be placed on the sidewalk only during hours of operation and must be stored inside the building during non-business hours.

(8)

Signs may be used for on-premise advertising only.

(9)

Signs shall not be illuminated.

(10)

Streamers, flags or banners shall not be attached to the sign or use the sign as an anchor.

(y)

Temporary signs.

(1)

Temporary signs are not to be used as a substitute for erecting a permanent sign. Temporary signs are to be used for short duration events that do not occur on a regular basis. Activities that repeatedly occur throughout the year are to be publicized using permanent signage.

(2)

Use of off-premise temporary signs is limited to a maximum of 30 days per event, activity or function. Off-premise temporary or portable signs may be used only in places where they meet all city, state and federal regulations. Temporary or portable off-premise signs are treated the same as permanent billboards under federal law administered by NDDOT. Signs proposed to be located along federal aid routes that are impacted by the federal rules regulating off-premise signs must receive written permission from NDDOT. A copy of the written permission from NDDOT must be presented to the city building department prior to sign installation. Off-premise temporary or portable signs can be no closer together than 100 feet along a state highway.

(3)

The owner of a property where a temporary or portable off-premise sign is to be placed must provide the city with written permission for the placement of the sign prior to installation of the sign.

(4)

Except for the requirements for construction, finance and real estate signs and political signs; each type of temporary sign is limited to 240 days per calendar year per property.

(5)

Banner signs are limited to three per property. The total area of all banner signs on a wall may not be larger than 20 percent of the wall surface area of the wall to which they are attached or which they are in front of.

(6)

Construction, finance and real estate signs.

a.

Construction and finance signs may be displayed during the duration of the construction phase of a project and must be removed within 30 days after receiving a certificate of occupancy.

b.

Signs indicating that an individual lot is for sale, sold, for rent or for lease are limited to 16 square feet in size.

c.

Signs indicating that a large, undeveloped property is for sale are limited to 48 square feet in size unless a larger size is approved by the city engineer for a specific parcel.

d.

Open house signs advertising a one or two day event that are no greater than 36 inches in height and in place for less than 48 hours may be placed in the public right-of-way provided that they are located at least one foot behind the back of curb or three feet off the pavement where no curb exists. Other types of real estate signs or signs that will be in place for more than 48 hours may be authorized by city commission to be placed in the public right-of-way.

e.

Once a property has been sold, the sale sign must be removed within 30 days after closing.

f.

Parade of Homes signs shall conform to the following requirements.

1.

The signs shall be placed at least one foot behind the back of curb or three feet off the edge of pavement where no curb exists.

2.

The signs may be in place for no more than 12 days twice each year.

3.

The signs shall be located no closer than 100 feet to an intersection as measured from the pedestrian crossing or stop bar.

4.

The signs shall not be attached to trees, traffic control signs, traffic signal poles or street light poles.

5.

No ribbons, balloons, streamers, lighting or ancillary devises may be attached to the signs.

6.

The Bismarck-Mandan Home Builders Association shall be responsible for any costs incurred during installation or removal of the signs.

7.

The signs shall not be higher than three feet above the road surface.

(7)

Flag signs are limited to one per 20 feet of lot frontage with a limit of five per lot.

(8)

Political signs. Political signs shall follow North Dakota Century Code (N.D.C.C.) regulations.

(9)

Portable signs.

a.

All companies that rent portable signs to customers within the city must be licensed with the city and carry liability insurance in a form and amount specified by the city. Each rental sign shall have the rental companies name and phone number clearly visible on the sign.

b.

All portable signs and sign lettering shall be properly maintained, well-kept and in good condition. The city may order removal of a sign that is not advertising a current event or is not being maintained in good condition.

c.

No ribbons, balloons, streamers, lighting or ancillary devises may be attached to any portable sign.

d.

Each property is allowed one portable sign. Larger properties may have more than one portable sign as long as they are placed a minimum of 155 feet apart.

e.

Maximum square footage for a portable sign shall be 64 square feet and maximum height shall be eight feet. The portable sign shall not be illuminated or electronic.

f.

The owner of each rented portable sign shall submit a monthly report to the building department showing days in use and the location of the sign.

g.

"Floppy guy" signs are a type of portable sign.

(10)

Streamers may be strung on a line or cord no longer than three times the width of the lot.

(z)

Wall signs.

(1)

Wall signs shall be securely fastened to the wall of a building by its supporting structure.

(2)

Wall signs placed against exterior walls of buildings and structures shall not extend more than 12 inches from a wall's surface. The lowest edge of such sign shall be a minimum of eight feet above grade unless a lower height is approved by MARC.

(3)

No combination of wall signs and supports shall exceed 20 percent of the signable wall surface area up to a maximum of 200 square feet.

(4)

Signs printed directly on exterior walls or surface of a building shall be prohibited.

(5)

No wall sign shall extend beyond the width of a building or project above the roof eave.

(6)

Wall signs advertising products or services not related to the primary business shall be approved by the MARC.

(7)

Second floor businesses can utilize wall signs to advertise their establishments but must do so between floors and not below their floor.

(8)

A wall sign shall not obstruct the required door or exit window of any building nor shall it be attached to or placed on fire escapes.

(aa)

Window signs.

(1)

No paper or solid surface signs shall be permitted on a second floor window or above.

(2)

No window signs shall advertise or identify a business other than the one contained therein.

(Ord. No. 1241, § 2, 12-13-2016; Ord. No. 1298, § 1, 12-18-2018; Ord. No. 1309, 5-7-2019; Ord. No. 1326, §§ 1, 2, 12-3-2019)

(a)

Purpose. It is the purpose of this section to regulate the keeping of chickens at an individual or household scale to promote the health, safety, and general welfare of the citizens of the city. This section in no way applies to commercial production and processing of poultry as regulated in section 105-3.

(b)

Permit required. A renewable permit issued by the city planner or his/her designee shall be required prior to conducting any keeping of chickens at an individual or household scale. The permit shall be good for one calendar year as measured from the date of issuance and is tied to both the applicant and the land. Permits shall be non-transferrable.

(c)

Revocation. A permit may be revoked by the city planner or his/her designee for failure to comply with the requirements outlined in this section or any other local or state regulation governing keeping or cruelty to animals. Any person whose permit is revoked shall, within ten business days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the application fee shall be refunded.

(d)

Appeal. The permittee may appeal the revocation or refusal of renewal of the permit by timely request for a hearing before the board of city commissioners. The request for hearing must be received by the city planner or his/her designee within ten business days following the date of the notice of revocation or refusal of renewal. The board of city commissioners shall hold a hearing on the permittee's request for hearing and shall render a final decision on the matter after said hearing.

(e)

Multiple property limitation. An applicant owning multiple properties abutting or in close proximity is limited to a single permit. The planner or his/her designee shall make the determination of what is considered "close proximity."

(f)

Application. An application for a permit shall include:

(1)

General form established by staff to capture applicant, property owner, and property information, including necessary signatures.

(2)

Property owner and applicant, if different than the property owner, signed understanding of the requirements and responsibilities outlined in this section.

(3)

Site plan illustrating:

a.

Property lines and distance to proposed coop and run

b.

Neighboring residence(s) location and distance to proposed coop and run

c.

Type and style of back and side yard fence

(4)

Construction drawings including at least one of the following:

a.

Materials used in the construction of the coop and run

b.

Diagram and illustration if provided in a prefabricated kit

(5)

Fee. A non-refundable application fee as established by the board of city commissioners shall be required at the time of application. The board of city commissioners may establish a different fee to be applied to new applications and renewal applications.

(g)

Late renewal applications not accepted. Late renewal applications shall be treated the same as new applications, including fee and submittal requirements.

(h)

Definitions. The established definitions are for purposes of this section only. If any conflict exists with other sections of this code the more restrictive shall apply.

Brood means group of chickens, whether or not from the same hatching.

Brooding means the period in the animal's growth when supplemental heat must be provided due to the bird's inability to generate enough body heat.

Chicken means a domesticated fowl more formally known and scientifically classed as gallus gallus domesticus.

Coop means a fully enclosable, non-residential structure for housing chickens.

Hen means a female chicken.

Rooster means a male chicken.

Run means a fully enclosed and covered area attached to a coop where the poultry can roam unsupervised.

(i)

Standards.

(1)

No more than four hens shall be permitted on any one lot.

(2)

Roosters shall not be permitted. As soon as a rooster is identified it shall be culled from the brood.

(3)

The chickens, coop, and run, shall be located in the rear or side yard obscured from view from any street, trail, public park, or other right-of-way.

(4)

Chickens outside of the coop and run shall be supervised at all times.

(5)

The coop dimensions shall total less than 120 square feet.

(6)

Coop height as measured from the average ground elevation to the highest point on the coop shall not exceed eight feet.

(7)

The coop and run shall be located no closer than ten feet from the property line and no closer than 20 feet from an adjacent property dwelling.

(8)

The coop shall be constructed in a manner which prevents rodent infiltration.

(9)

The coop shall be constructed to provide a minimum of four square feet per chicken.

(10)

The run shall be constructed to provide a minimum of ten square feet per chicken.

(11)

Chickens shall at no time be located off the property for which they have been permitted.

(12)

Coops, runs, and manure storage shall be kept 20 feet from streams, tributaries, ditches, storm water management facilities, drop inlets, or other storm drainage areas that would allow fecal matter to enter any city storm drainage system or stream. Dumping chicken manure into the city's storm drainage system is prohibited.

(13)

Except for chickens properly slaughtered for consumption, dead chickens must be disposed of within 24 hours after death. Legal forms of chicken carcass disposal include burial and off-site incinerate or rendering. All slaughtering of chickens shall be conducted so as not to be visible to the public or adjacent property owners and occupants.

(14)

All grain and food stored for the use of the chickens shall be kept in a rodent proof container.

(Ord. No. 1306, § 2, 3-5-2019)

Cross reference— Animals, ch. 6.

(a)

Murals:

(1)

Purpose. It is the purpose of this section to promote art within the City of Mandan while preserving significant architectural elements and an orderly appearance, preserving public safety, traffic and pedestrian safety, as well as preserving property values. This section applies to all commercial, industrial, and downtown districts. Murals are not regulated in residential districts.

(2)

Definitions. The established definitions are for purposes of this section only.

Mural means a hand-painted or hand-tiled work of visual and original art that is either affixed to or painted directly on the exterior of a structure with the permission of the property owner. A mural does not include any display containing an electrical or mechanical component and does not include any changing image art display.

Mural area means the portion of a structure that is generally free of windows, doors, or major architectural elements or details.

Mural size means the smallest rectangle containing the art which encompasses all of the letters, designs, and symbols therein.

Structure means fence or window, door, or wall of a building, where a mural will be applied directly or affixed.

(3)

Permit required. A permit is required for any new mural application proposing a mural viewable from any public street, trail, park, or other right-of-way. A mural applicant may submit a complete application and any necessary non-refundable application fee to the planner or the planner's designee and shall await receipt of the permit prior to beginning work applying the proposed mural to the structure. A permit shall be tied to the mural for which it is being applied.

(4)

Revocation. A permit may be revoked by the planner or the planner's designee because of non-compliance with the permitting process, because of non-compliance with this section, or because of substantial degradation of the original artwork as measured against the submitted color rendering or photographs, whether the cause of such substantial degradation is due to a lack of maintenance or exposure to time or weather. A mural shall be removed and the structure brought back into substantial conformity of the original aesthetic of the structure, unless it is brought back into conformity with the submitted color rendering or photographs within 60 days of the issuance of written notice by the city. If it cannot be brought into such conformity within 60 days due to weather, artist unavailability, or other extenuating circumstance, an extension may be granted by the planner or the planner's designee.

(5)

Revocation due to vandalism. If the artwork is vandalized resulting in substantial degradation of or damage to the artwork, the mural shall be removed and the structure brought back into substantial conformity of the original aesthetic of the structure, unless it is brought into conformity with the submitted color rendering or photographs within six months from the date of the issuance of written notice by the city. If it cannot be brought back into such conformity within six months due to weather, artist unavailability, or other extenuating circumstance, an extension may be granted by the planner or the planner's designee.

(6)

Appeal. An applicant may appeal a denial or a conditional approval of a permit, or a permittee may appeal a revocation of a permit, by timely request for a hearing before the board of city commissioners. The request for hearing must be received by the city planner or the planner's designee within ten business days following the date of the notice of revocation, conditional approval, or denial. The board of city commissioners shall hold a hearing on the applicant's or permittee's request for appeal hearing and shall render a final decision on the matter at or within a reasonable time after said hearing. A separate, non-refundable appeal fee may be required as established by the board of city commissioners.

(7)

Non-affixed mural application. In order to obtain necessary permission for a non-affixed mural, which is typically applied by painting, an applicant may submit a complete application to the planner or the planner's designee. Upon receipt of the complete application for a mural that satisfies the standards, the planner or planner's designee shall seasonably issue the permit and shall provide the applicant with a copy of the mural standards set forth in this section. A complete application for a non-affixed mural permit shall include:

a.

General form established by staff to document applicant, property owner, artist, and property information, including necessary signatures demonstrating owner permission.

b.

Proposed materials to be used for the non-affixed mural.

c.

Proposed maintenance plan to address degradation due to time, weather, and other exposures.

d.

Written acknowledgement of understanding of the requirements as set forth in this section.

(8)

Affixed mural application. In order to obtain necessary permission for a mural affixed to a structure, whether mechanically or by some other construction method, an applicant may submit a complete application to the planner or the planner's designee. Upon receipt of the complete application for a mural that satisfies the standards, the planner or planner's designee shall seasonably issue the permit and shall provide the applicant with a copy of the mural standards set forth in this section. A complete application for an affixed mural permit shall include:

a.

General form established by staff to document applicant, property owner, artist, contractor, and property information, including necessary signatures demonstrating owner permission.

b.

Proposed maintenance plan to address degradation and structural integrity concerns of the mural fixture due to time, weather, and other exposures.

c.

Proposed means, methods and materials to be used to securely and safely affix the mural to the structure.

d.

Proof of any necessary completed building permit application, fee, and other information required by the building inspection department in relation to the mural fixture.

e.

Written acknowledgement of understanding of the requirements as set forth in this section.

(9)

Timing of decision and period of review. The planner or planner's designee shall seasonably inform the mural applicant of any additional information required to complete the application, to complete the planner's or planner's designee's review of the application, or to complete any necessary further review and decision by the MARC or building inspection department. If a complete mural application is not approved, such decision shall be accompanied by reasons within any correspondence to the applicant. Reasons for conditional approval or denial may only include non-conformity with the standards set forth in this section.

To the extent MARC or building inspection department review should be necessary to decide whether the application does or does not meet the standards set forth under subparagraphs (a)(11)c. or d. of this section or other sections of the Mandan Code of Ordinances, the planner or planner's designee must forward the application in a timely manner to the MARC or building inspection department such that a decision can be timely rendered. Any decision by the MARC or the building inspection department is subject to appeal pursuant to paragraph (a)(6) of this section.

To the extent a complete mural application is received and no additional review or action by the MARC or building inspection department is necessary, the planner or planner's designee shall provide approval, conditional approval, or denial of the application within ten days of receipt of any review decision by the MARC or the building inspection department.

(10)

Submitted color rendering or photographs. Within seven days of the date of completion of the mural for which a permit has been granted, the permittee shall provide the planner or planner's designee a color rendering or a sufficient number of photographs of the completed mural that faithfully represent the following:

i.

The color rendering of the mural;

ii.

Dimensions of the mural;

iii.

Dimensions of the mural area; and

iv.

Location on the structure.

(11)

Standards. The following standards shall apply to both affixed and non-affixed murals.

a.

A mural shall not contain illustrations or text that are obscene or incite violence, as those terms are defined by the United States Supreme Court.

b.

A mural shall not be installed on any original facade of a building listed as a contributing structure of an historic district or independently listed on the National Historic Register, unless the mural may be attached to a removable panel without damage to the underlying historic facade and the manner of affixture does not constitute a safety hazard.

c.

A mural may not be applied to, cover over, or obscure significant architectural elements or significant building materials, including, but not limited to, any balustrade, colonnade, column, cornice, cresting, entablature, frieze, grille, latticework, lintel, lunette, molding, parapet, relief, or spandrel, or any structure or part thereof constructed of stone, cut stone, marble, granite, or glass block.

d.

Mural materials and application processes shall be appropriate to the environment, the structure and surface upon which the mural will be applied to ensure durability and longevity of the mural, and so as not to impede building use, occupant safety, public and pedestrian safety, or traffic safety.

e.

The city has lawful aesthetic, public safety, pedestrian and traffic safety interests in minimizing excessive distractions that are directly observable to pedestrian and automotive traffic. Where it is reported or documented that a mural caused: two or more traffic accidents and/or a significant increase in traffic infractions or traffic or pedestrian disruptions, a mural permit is subject to revocation and the property owner is subject to enforcement, as set forth in this section.

f.

No mural shall extend beyond the building or structure to which it is painted or affixed or otherwise interfere with the functionality of other components supporting the use of the building or structure. These other components include, but are not limited to, existing signs, external lighting, utilities, sidewalks, parking, building or street address, and ingress/egress.

g.

A mural shall be a two-dimensional medium, except for minor three-dimensional surface variations of the structure on which the mural is directly applied.

(12)

Non-compliance. The failure to comply with any part of this section may subject the property owner to the penalties and processes set forth in Chapter 26 Municipal Code Enforcement.

(13)

Severability. If any part, sentence, phrase, clause, term, or word in this section of Mandan Code of Ordinances relating to public art is declared invalid or unconstitutional by a valid court judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the constitutionality of or lawfulness of the remainder of this section, the Mandan Code of Ordinances, or any other Mandan regulation regulating signage, billboards, murals, or public art.

(Ord. No. 1326, § 4, 12-3-2019)