- ZONING DISTRICTS ESTABLISHED; ZONING MAP2
State Law reference— Zoning districts authorized, N.D.C.C. § 40-47-02.
For the purposes of these regulations, the city is divided into districts.
(1)
Residential districts.
a.
R7 Residential.
b.
R3.2 Residential.
c.
RM Residential.
d.
RH Residential.
e.
RMH Residential Mobile Home.
(2)
Commercial districts.
a.
CA Commercial.
b.
CB Commercial.
c.
CC Commercial.
(3)
Industrial districts.
a.
MA Light Industrial.
b.
MB Industrial.
c.
MC Industrial.
d.
MD Industrial.
(4)
Special purpose districts.
a.
A Agricultural.
c.
DC Downtown Core.
d.
DF Downtown Fringe.
g.
Planned unit development.
b.
F Floodplain.
f.
Large scale development.
e.
Gateway Overlay and Memorial Highway Overlay.
(Code 1957, § 14-0203; Code 1994, § 21-03-01; Ord. No. 353, (part), 1966; Ord. No. 508, § 1, 1976; Ord. No. 554, § 1, 1977; Ord. No. 670, § 1, 1984; Ord. No. 728, (part), 1987)
The location and boundaries of districts established in the city are shown on the official zoning map of the city. The map entitled "Zoning Map of the City of Mandan, North Dakota" is on file in the office of the city planner or engineer. This map is made a part of this chapter. This map shall reflect the ordinances adopted prior to, and all ordinances adopted after, the effective date of this chapter relating to the boundaries of the zoning districts. The city planner or engineer is authorized and directed to make the necessary changes upon the official zoning map of the city in accordance with such ordinances as they are from time to time adopted.
(Code 1957, § 14-0204; Code 1994, § 21-03-02; Ord. No. 670, § 2, 1984)
Where uncertainties exist as to the boundaries of the various districts as shown on the zoning map accompanying and made a part of this chapter, the following rules shall apply:
(1)
District boundary lines are intended to follow street, alley or lot lines, or lines parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the zoning map.
(2)
Where district boundaries are indicated as approximately following street or alley lines or proposed street or alley lines, such lines shall be construed to be such boundaries.
(3)
Where district boundaries are so indicated that they approximately follow lot lines and are not more than ten feet distant therefrom, such lot lines shall be such boundaries.
(4)
Where land within the city limits is not subdivided into lots and blocks, or where district boundary lines are not approximately street, alley or lot lines, the district boundary lines on the zoning map shall be determined by the scale shown on such map, and where uncertainty exists, the district boundary line shall be determined by the board of adjustment by written decision. If land within the city limits has been or is subsequently subdivided into lots and blocks by a duly recorded subdivision map, and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is re-subdivided by a duly recorded subdivision map into a different arrangement of lots and blocks than shown on said zoning maps, the board of adjustment, after notice to the owners of property affected thereby and after public hearing, may interpret the zoning map and make minor readjustments in the district boundaries in such a way as to carry out the intent and purposes of these regulations and conform to the street and lot layout of the ground. Such interpretations or adjustments shall be by written decision, and thereafter the copies of the zoning map in the office of the city planning and zoning commission and the engineering department shall be changed to conform thereto.
(5)
Any street, alley or railroad right-of-way, watercourse, channel or body of water included on the zoning map shall, unless otherwise indicated, be included within the zoning district of adjoining property on either side thereof. Where such street, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more different zoning districts, a line midway in such street, alley, right-of-way, watercourse, channel or body of water and extending in the general direction of the land dimension thereof shall be considered the boundary between zones. If a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in said street or alley shall be included within the zone of adjoining property on either side of said vacated street or alley. In the event said street or alley was a zone boundary between two or more different zones, the new boundary shall be the former centerline of said vacated street or alley.
(6)
All land and/or territory not specifically included within a district or which is annexed to the city after the date of adoption of this chapter shall follow the zoning map amendment procedures as adopted by the city at the time of application if a zoning amendment is desired. Where uncertainty exists as to the existing zoning classification of the subject property to be annexed, the property shall be required to follow the zoning map amendment procedures as adopted by the city at the time of application to determine proper zoning.
(7)
Historical practice by the city allowed zoning map amendments to be facilitated by plat, which would automatically class any unplatted land lying in an A Agricultural District as R7 Residential upon platting. This process is no longer in place, and all properties shall follow the zoning map amendment procedures as adopted by the city at the time of application.
(Code 1957, § 14-0205; Code 1994, § 21-03-03; Ord. No. 1353, § 1, 11-3-2020)
- ZONING DISTRICTS ESTABLISHED; ZONING MAP2
State Law reference— Zoning districts authorized, N.D.C.C. § 40-47-02.
For the purposes of these regulations, the city is divided into districts.
(1)
Residential districts.
a.
R7 Residential.
b.
R3.2 Residential.
c.
RM Residential.
d.
RH Residential.
e.
RMH Residential Mobile Home.
(2)
Commercial districts.
a.
CA Commercial.
b.
CB Commercial.
c.
CC Commercial.
(3)
Industrial districts.
a.
MA Light Industrial.
b.
MB Industrial.
c.
MC Industrial.
d.
MD Industrial.
(4)
Special purpose districts.
a.
A Agricultural.
c.
DC Downtown Core.
d.
DF Downtown Fringe.
g.
Planned unit development.
b.
F Floodplain.
f.
Large scale development.
e.
Gateway Overlay and Memorial Highway Overlay.
(Code 1957, § 14-0203; Code 1994, § 21-03-01; Ord. No. 353, (part), 1966; Ord. No. 508, § 1, 1976; Ord. No. 554, § 1, 1977; Ord. No. 670, § 1, 1984; Ord. No. 728, (part), 1987)
The location and boundaries of districts established in the city are shown on the official zoning map of the city. The map entitled "Zoning Map of the City of Mandan, North Dakota" is on file in the office of the city planner or engineer. This map is made a part of this chapter. This map shall reflect the ordinances adopted prior to, and all ordinances adopted after, the effective date of this chapter relating to the boundaries of the zoning districts. The city planner or engineer is authorized and directed to make the necessary changes upon the official zoning map of the city in accordance with such ordinances as they are from time to time adopted.
(Code 1957, § 14-0204; Code 1994, § 21-03-02; Ord. No. 670, § 2, 1984)
Where uncertainties exist as to the boundaries of the various districts as shown on the zoning map accompanying and made a part of this chapter, the following rules shall apply:
(1)
District boundary lines are intended to follow street, alley or lot lines, or lines parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the zoning map.
(2)
Where district boundaries are indicated as approximately following street or alley lines or proposed street or alley lines, such lines shall be construed to be such boundaries.
(3)
Where district boundaries are so indicated that they approximately follow lot lines and are not more than ten feet distant therefrom, such lot lines shall be such boundaries.
(4)
Where land within the city limits is not subdivided into lots and blocks, or where district boundary lines are not approximately street, alley or lot lines, the district boundary lines on the zoning map shall be determined by the scale shown on such map, and where uncertainty exists, the district boundary line shall be determined by the board of adjustment by written decision. If land within the city limits has been or is subsequently subdivided into lots and blocks by a duly recorded subdivision map, and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is re-subdivided by a duly recorded subdivision map into a different arrangement of lots and blocks than shown on said zoning maps, the board of adjustment, after notice to the owners of property affected thereby and after public hearing, may interpret the zoning map and make minor readjustments in the district boundaries in such a way as to carry out the intent and purposes of these regulations and conform to the street and lot layout of the ground. Such interpretations or adjustments shall be by written decision, and thereafter the copies of the zoning map in the office of the city planning and zoning commission and the engineering department shall be changed to conform thereto.
(5)
Any street, alley or railroad right-of-way, watercourse, channel or body of water included on the zoning map shall, unless otherwise indicated, be included within the zoning district of adjoining property on either side thereof. Where such street, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more different zoning districts, a line midway in such street, alley, right-of-way, watercourse, channel or body of water and extending in the general direction of the land dimension thereof shall be considered the boundary between zones. If a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in said street or alley shall be included within the zone of adjoining property on either side of said vacated street or alley. In the event said street or alley was a zone boundary between two or more different zones, the new boundary shall be the former centerline of said vacated street or alley.
(6)
All land and/or territory not specifically included within a district or which is annexed to the city after the date of adoption of this chapter shall follow the zoning map amendment procedures as adopted by the city at the time of application if a zoning amendment is desired. Where uncertainty exists as to the existing zoning classification of the subject property to be annexed, the property shall be required to follow the zoning map amendment procedures as adopted by the city at the time of application to determine proper zoning.
(7)
Historical practice by the city allowed zoning map amendments to be facilitated by plat, which would automatically class any unplatted land lying in an A Agricultural District as R7 Residential upon platting. This process is no longer in place, and all properties shall follow the zoning map amendment procedures as adopted by the city at the time of application.
(Code 1957, § 14-0205; Code 1994, § 21-03-03; Ord. No. 1353, § 1, 11-3-2020)