Editor's note— Ord. No. 1335, § 3, adopted March 17, 2020, repealed § 105-3-1, which pertained to applicability of standards and derived from Ord. No. 1242, § 5, adopted Dec. 20, 2016. The user's attention is directed to § 105-1-13(d).

(a)

General description. The purpose of this district is to provide an opportunity to construct single-family housing on large lots that are protected from being further subdivided.

(b)

Primary uses. The primary permitted use is a single-family dwelling unit, either site built or modular, with a minimum habitable space of 3,500 square feet.

(c)

Secondary uses. A group dwelling for six or fewer individuals with developmental disabilities as defined in N.D.C.C. 25-16-14 is a permitted secondary use. This use requires one additional on-site mobility impaired parking space.

(d)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission.

(1)

Accessory dwelling unit.

(2)

Education group.

(3)

Public recreation group.

(4)

Utility service group.

(5)

Religion group.

(6)

Bed and breakfast.

a.

One additional parking space per bedroom.

b.

One sign no larger than four square feet.

c.

Must maintain state facility license in good standing.

(e)

Setbacks.

(1)

Lots fronting on an arterial or collector street as designated on road network maps produced by the metropolitan planning organization are discouraged. If lots must front on roads with these designations, the front yard setback is increased.

a.

The minimum front yard setback for an arterial roadway is 50 feet.

b.

The minimum front yard setback for a collector street is 45 feet.

c.

The minimum front yard setback for a local street is 40 feet.

d.

The required front yard setback for each lot shall be determined during the platting process and shall be documented in a development agreement that is signed and recorded.

(2)

For a side yard that fronts on a public right-of-way, the minimum setback is the same as the front yard. For all other situations the minimum side yard setback is 12 feet.

(3)

The minimum rear yard setback is 20 feet.

(4)

Any portion of a structure containing a garage door facing a public street, alley or private access easement must be set back at least 25 feet.

(f)

Lot coverage. The perimeter of the ground or first floor of each structure shall be used when computing lot coverage. Lot coverage for all structures shall not exceed 40 percent of the square foot area of the lot. For water lots the computation shall be made using the portion of the lot that is above the shore line.

(g)

Lot area. The minimum lot area shall be 12,000 square feet.

(h)

Lot frontage. Each lot shall have a minimum of 20 feet of frontage along a public street or private access easement configured in conformance with fire code emergency access standards.

(i)

Building height limits. Principal building height shall be limited to three and one-half stories. Accessory building shall be limited to two stories.

(j)

Parking. At least four parking spaces shall be provided per lot. This includes garage spaces and exterior spaces measuring at least 25 feet long.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 17, 4-21-2020)

(a)

General description. The purpose of the R7 Residential District is to provide an opportunity to construct single-family dwellings in an area where few other uses are permitted.

(b)

Primary uses. The primary permitted use is a single-family dwelling unit.

(c)

Secondary uses. The following are permitted secondary uses.

(1)

Group dwelling for six or fewer individuals with developmental disabilities as defined in N.D.C.C. 25-16-14. This use requires one additional on-site mobility impaired parking space.

(2)

Agency adult foster care for four or fewer individuals as defined in N.D.A.C. 75-03-21. This use requires one additional on-site mobility impaired parking space.

(d)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission.

(1)

Public recreation group.

(2)

Education group.

(3)

Utility service group.

(4)

Religion group.

(5)

Accessory dwelling unit.

(6)

Bed and breakfast

a.

One additional parking space per bedroom.

b.

One sign no larger than four square feet.

c.

Must maintain state facility license in good standing.

(e)

Setbacks.

(1)

Lots fronting on an arterial or collector street as designated on road network maps produced by the metropolitan planning organization are discouraged. If lots must front on roads with these designations, the front yard setback is increased.

a.

The minimum front yard setback for an arterial roadway is 50 feet.

b.

The minimum front yard setback for a collector street is 35 feet.

c.

The minimum front yard setback for a local street is 20 feet.

d.

The required front yard setback for each lot shall be determined during the platting process and shall be documented in a development agreement that is signed and recorded.

(2)

For a side yard that fronts on a public right-of-way, the minimum setback is the same as the front yard. For all other situations the minimum side yard setback is six feet.

(3)

The minimum rear yard setback is 20 feet.

(4)

Any portion of a structure containing a garage door facing a public street, alley or private access easement must be set back at least 25 feet.

(f)

Lot coverage. The perimeter of the ground or first floor of each structure shall be used when computing lot coverage. Lot coverage for all structures shall not exceed 40 percent of the square foot area of the lot. For water lots the computation shall be made using the portion of the lot that is above the shore line.

(g)

Lot area. The minimum lot area shall be 7,000 square feet.

(h)

Lot frontage. Each lot shall have a minimum of 20 feet of frontage along a public street or private access easement configured in conformance with fire code emergency access standards.

(i)

Building height limits. Principal building height shall be limited to two and one-half stories. Accessory buildings shall be limited to two stories.

(j)

Parking. At least three parking spaces shall be provided per lot. This includes garage spaces and exterior spaces measuring at least 25 feet long.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 18, 4-21-2020; Ord. No. 1407, § 2, 7-19-2022)

(a)

General description. The purpose of this district is to provide an opportunity to construct single-family dwelling units on reduced size lots and allow a second limited size rental unit.

(b)

Primary uses. The primary permitted use is a single-family dwelling unit.

(c)

Secondary uses. The following are permitted secondary uses.

(1)

Accessory dwelling unit.

(2)

Group dwelling for six or fewer individuals with developmental disabilities as defined in N.D.C.C. 25-16-14. This use requires one additional on-site mobility impaired parking space.

(3)

Agency adult foster care for four or fewer individuals as defined in N.D.A.C. 75-03-21. This use requires one additional on-site mobility impaired parking space.

(d)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission.

(1)

Public recreation group.

(2)

Education group.

(3)

Utility service group.

(4)

Religion group.

(e)

Setbacks.

(1)

Lots fronting on an arterial or collector street as designated on road network maps produced by the metropolitan planning organization are discouraged. If lots must front on roads with these designations, the front yard setback is increased.

a.

The minimum front yard setback for an arterial roadway is 50 feet.

b.

The minimum front yard setback for a collector street is 30 feet.

c.

The minimum front yard setback for a local street is ten feet.

d.

The required front yard setback for each lot shall be determined during the platting process and shall be documented in a development agreement that is signed and recorded.

(2)

For a side yard that fronts on a public right-of-way, the minimum setback is the same as the front yard. For all other situations the minimum side yard setback is five feet.

(3)

The minimum rear yard setback is 20 feet.

(4)

Any portion of a structure containing a garage door facing a public street, alley or private access easement must be set back at least 25 feet.

(f)

Lot coverage. The perimeter of the ground or first floor of each structure shall be used when computing lot coverage. Lot coverage for all structures shall not exceed 50 percent of the square foot area of the lot. For water lots the computation shall be made using the portion of the lot that is above the shore line.

(g)

Lot area. The minimum lot area shall be 4,000 square feet.

(h)

Lot frontage. Each lot shall have a minimum of 20 feet of frontage along a public street or private access easement configured in conformance with fire code emergency access standards.

(i)

Building height limits. Principal building height shall be limited to three stories. Accessory buildings shall be limited to two stories.

(j)

Parking. At least two parking spaces shall be provided per lot. This includes garage spaces and exterior spaces measuring at least 25 feet long.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 19, 4-21-2020; Ord. No. 1407, § 3, 7-19-2022)

(a)

General description. The purpose of this district is to provide an opportunity to construct single-family dwelling units on reduced size lots in the form of a single-family dwelling or twin home.

(b)

Primary uses. The following uses are permitted:

(1)

Twin home.

(2)

Single-family dwelling.

(c)

Secondary uses. The following are permitted secondary uses.

(1)

Group dwelling for six or fewer individuals with developmental disabilities as defined in N.D.C.C. 25-16-14. This use requires one additional on-site mobility impaired parking space.

(2)

Agency adult foster care for four or fewer individuals as defined in N.D.A.C. 75-03-21. This use requires one additional on-site mobility impaired parking space.

(d)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission.

(1)

Public recreation group.

(2)

Education group.

(3)

Utility service group.

(4)

Religion group.

(e)

Setbacks.

(1)

Lots fronting on an arterial or collector street as designated on road network maps produced by the metropolitan planning organization are discouraged. If lots must front on roads with these designations, the front yard setback is increased.

a.

The minimum front yard setback for an arterial roadway is 50 feet.

b.

The minimum front yard setback for a collector street is 25 feet.

c.

The minimum front yard setback for a local street is eight feet.

d.

The required front yard setback for each lot shall be determined during the platting process and shall be documented in a development agreement that is signed and recorded.

(2)

For a side yard that fronts on a public right-of-way, the minimum setback is the same as the front yard. For all other situations the minimum side yard setback is five feet. The side yard setback shall apply to both sides for a single-family dwelling and one side for a twin home.

(3)

The minimum rear yard setback is 20 feet.

(4)

Any portion of a structure containing a garage door facing a public street, alley or private access easement must be set back at least 25 feet.

(f)

Lot coverage. The perimeter of the ground or first floor of each structure shall be used when computing lot coverage. Lot coverage for all structures shall not exceed 50 percent of the square foot area of the lot. For water lots the computation shall be made using the portion of the lot that is above the shore line.

(g)

Lot area. The minimum lot area shall be 3,200 square feet.

(h)

Lot frontage. Each lot shall have a minimum of 20 feet of frontage along a public street or private access easement configured in conformance with fire code emergency access standards.

(i)

Building height limits. Principal building height shall be limited to three stories. Accessory buildings shall be limited to two stories.

(j)

Parking. At least two parking spaces shall be provided per lot. This includes garage spaces and exterior spaces measuring at least 25 feet long.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1301, § 2, 3-5-2019; Ord. No. 1407, § 4, 7-19-2022)

(a)

General description. The RMH Residential District is established as a district in which the principal use of land is for single-family manufactured dwelling units.

(b)

Primary uses. The primary permitted use is a single-family manufactured dwelling unit.

(c)

Secondary uses.

(1)

Accessory dwelling unit.

(2)

Group dwelling for eight or fewer individuals with developmental disabilities as defined in N.D.C.C. 25-16-14. This use requires one additional on-site mobility impaired parking space.

(3)

Activity center or recreation facility serving the subdivision.

(d)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission.

(1)

Education group.

(2)

Religion group.

(3)

Utility service group.

(4)

Public recreation group.

(5)

Site built or modular dwelling unit.

(e)

Setbacks.

(1)

Lots fronting on an arterial or collector street as designated on road network maps produced by the metropolitan planning organization are discouraged. If lots must front on roads with these designations, the front yard setback is increased.

a.

The minimum front yard setback for an arterial roadway is 50 feet.

b.

The minimum front yard setback for a collector street is 25 feet.

c.

The minimum front yard setback for a local street is eight feet.

d.

The required front yard setback for each lot shall be determined during the platting process and shall be documented in a development agreement that is signed and recorded.

(2)

For a side yard that fronts on a public right-of-way, the minimum setback is the same as the front yard. For all other situations the minimum side yard setback is five feet.

(3)

The minimum rear yard setback is 20 feet.

(4)

Any portion of a structure containing a garage door facing a public street, alley or private access easement must be set back at least 25 feet.

(f)

Lot coverage. The perimeter of the ground or first floor of each structure shall be used when computing lot coverage. Lot coverage for all structures shall not exceed 60 percent of the square foot area of the lot. For water lots the computation shall be made using the portion of the lot that is above the shore line.

(g)

Lot area. The minimum lot area shall be 3,000 square feet.

(h)

Lot frontage. Each lot shall have a minimum of 20 feet of frontage along a public street or private access easement configured in conformance with fire code emergency access standards.

(i)

Building height limits. Principal building height shall be limited to one and one-half stories. Accessory buildings shall be limited to one story.

(j)

Parking. At least two parking spaces shall be provided per lot. This includes garage spaces and exterior spaces measuring at least 25 feet long.

(k)

Skirting requirements. Skirting may be used in lieu of a solid perimeter foundation. Skirting may be constructed of brick, stone, finished metal or other acceptable materials approved by the building inspector. The skirting shall be in place prior to issuance of a certificate of occupancy. The tongue and axle shall be removed if not covered by the skirting.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 20, 4-21-2020)

In any RM Residential District, the following regulations shall apply:

(1)

General description. The RM Residential District is established as a district in which the principal use of land is for residences, including multifamily dwellings and similar high-density residential development. For the RM Residential District, in promoting the general purposes of this chapter, the specific intent of this section is:

a.

To encourage the construction of, and continued use of, the land for residential purposes.

b.

To prohibit commercial and industrial use of the land and to prohibit any other use that would substantially interfere with the development and continuation of residential structures in the district.

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses in the district.

d.

To discourage any use which, because of its character or size, would generate traffic or require municipal services substantially in excess of traffic and services that would exist if the district was developed solely for multifamily dwellings and similar residential uses.

(2)

Uses permitted. The following uses are permitted:

a.

Single-family dwelling.

b.

Two-family dwelling.

c.

Multifamily dwelling.

d.

Group dwelling.

e.

Educational group.

f.

Church.

g.

Health-medical group.

h.

Public recreation group.

i.

Railroad line trackage.

j.

Funeral establishments, provided that the following requirements are met:

1.

Each such establishment shall provide an off-street parking area on the premises equal to 35 percent of the lot area and in no case less than 4,900 square feet exclusive of the area needed to park vehicles owned or operated by such establishment. For the purpose of determining such parking area, neither the required side yards nor the area in front of the building setback line shall be included as a part of such parking area.

2.

Each parcel upon which a funeral establishment is to be maintained shall have two side yards, one on each side of the building. The sum of the widths of the two side yards shall not be less than 20 percent of the average width of the lot, but in no event shall any side yard be less than ten feet.

3.

No parking shall be permitted within ten feet of the side lot lines or in the area ahead of the building setback line.

k.

Office-bank group.

l.

Bed and breakfast facility located in a single-family dwelling, provided that the owner of the dwelling is the holder of a current bed and breakfast facility license for not to exceed four lodging units issued pursuant to the provisions of N.D.C.C. ch. 23-09.1 and that the owner provides one off-street vehicle parking space for each such unit and one off-street parking space for the owner/operator of such facility, and provided, further, that only one sign, not exceeding four square feet in size, advising such facility, may be placed on the premises.

m.

Manufactured home.

(3)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission.

a.

Utility service group

(4)

Density. The maximum allowable density is 30.0 families per net acre.

(5)

Lot area.

a.

Each building containing dwelling units hereafter erected shall be located on a lot having an area not less than that shown in the following schedule:

b.

For each 1,000 square feet, or fraction thereof, in excess of 7,000 square feet contained in a lot, the principal building may contain one dwelling unit in addition to the four dwelling units permitted in a principal building located on a lot having an area of 7,000 square feet. Any other permitted building or structure, together with accessory buildings, shall be located on a lot having an area of not less than 7,000 square feet; provided, however, that if a building designed for efficiency apartment units having not more than one-bedroom units, intended to house not more than two persons per dwelling unit, not exceeding the floor area ratio provided in subsection (6) of this section and meeting all other provisions of this section and the provisions of this Code relating to the minimum standards governing the condition and maintenance of dwelling units, a building containing not more than six such efficiency dwelling units may be erected on a lot having not less than 7,000 square feet in area.

(6)

Lot width. Each lot shall have a width of not less than 50 feet measured along the front building line; provided, however, that on a record lot having a width of less than 50 feet at the front building line and corresponding to a record lot shown on a plat or deed recorded prior to the adoption of the ordinance from which this section is derived, the minimum lot width measured along the front building line may be reduced to not less than 40 feet.

(7)

Floor area ratio. The floor area ratio of the principal building and all accessory buildings shall not exceed 0.40 for single-story buildings, nor shall it exceed 1.20 for buildings of more than one story. The ground area occupied by the principal and accessory buildings shall not exceed 40 percent of the total area of the lot. In computing floor area ratio and ground coverage, 200 square feet shall be added to the actual area of the building for each car space required by this chapter, if such space is not furnished within a building.

(8)

Front yard. Each lot shall have a front yard not less than 15 feet in depth.

(9)

Side yards. Each lot shall have two side yards, one on each side of the principal building. The sum of the widths of the two side yards shall be not less than 20 percent of the average width of the lot. On any lot having an average width of 50 feet or less, each side yard shall be not less than ten percent of the width of the lot, and in no case shall a side yard be less than four feet in width. On any lot having an average width greater than 50 feet, neither side yard shall be less than five feet in width. In no event shall any side yard be less than the requirements set forth in this subsection, provided that in computing the side yard width on any lot, the first one foot of any overhang for eaves shall not be counted.

(10)

Rear yard. Each lot shall have a rear yard not less than ten feet in depth.

(11)

Height limits. Single-family dwellings and two-family dwellings shall not exceed 2.5 stories, nor shall they exceed 35 feet in height. No principal building for any other permitted use shall exceed six stories, nor shall it exceed 60 feet in height. For each one foot or fraction thereof that a building exceeds 35 feet in height, there shall be added two feet to the minimum width of each side yard, two feet to the minimum depth of the front yard and one foot to the minimum depth of the rear yard required by this section. No accessory building shall exceed two stories, nor shall it exceed 25 feet in height.

(12)

Exception. Notwithstanding the limitations imposed by any other provision of this chapter, upon due application by the owner and the recommendation thereof by the planning and zoning commission, the board may permit the subdivision of an existing lot and approve the replat thereof to show the lot lines along the centerline of a common wall, and the renumbering of the lot upon which multifamily townhouses or row dwelling units are being or have been constructed so as to permit separate ownership of a lot without side yards and having an area and width smaller than that required for a single-family dwelling, subject to the following:

a.

Each of the lots created by the subdivision shall contain an average of not less than 2,400 square feet of area.

b.

Each lot shall front on a dedicated street, or access shall be provided by platting a common driveway area and utility easements.

c.

Except for setbacks along the common property lines, all other setbacks and yard requirements shall be met.

d.

Each lot shall have separate water and sewer service lines into such lot or an appropriate written agreement between the adjoining property owners establishing the manner in which the cost of maintenance and repair of such lines will be shared.

e.

The subdivision of the lot shall be accomplished by the platting thereof in accordance with subdivision regulations of the city ordinances, including required public hearings for the plat approval.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 21, 4-21-2020)

In any RH Residential District, the following regulations shall apply:

(1)

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

Mobile home means a mobile structure manufactured upon a chassis or an undercarriage which is an integral part of the structure and which:

a.

Is transported to the site on wheels;

b.

Comes fully equipped with flush toilet, tub or shower and kitchen facilities;

c.

Is ready for immediate occupancy upon its arrival to the site and its connection with utilities; and

d.

Is designed for long-term use as a single-family residence without permanent foundation.

Mobile home park means a plot or parcel of land, under single ownership, which has been improved for purposes of locating mobile homes as dwellings.

Mobile home site means a parcel of land, within a mobile home park, designed and improved for the accommodation of not more than one mobile home as a single-family residence.

Mobile home stand means that part of a mobile home site which has been reserved and improved for the placement of a mobile home, appurtenant structures or additions to a mobile home.

Self-propelled mobile home means a self-propelled vehicle containing living facilities, including the terms "house car" and "motor home," which was designed for temporary dwelling, generally for travel and recreational use, and licensed by a state as a motor vehicle.

Travel trailer means a vehicular portable structure having no foundation other than wheels or jacks, designed to be used as a temporary dwelling for travel and recreational activities, which is not more than eight feet in body width.

Travel trailer park means a plat or parcel of land, under single ownership, which has been improved for the purposes of locating travel trailers.

Travel trailer site means a parcel of land within a travel trailer park designed and improved for the accommodation of not more than one travel trailer.

Unit, dependent, means a mobile home, travel trailer or self-propelled mobile home without bath or shower and toilet facilities.

Unit, nondependent, means a mobile home, travel trailer or self-propelled mobile home with bath, shower and toilet facilities.

(2)

General description. The RH Residential District is established as a district in which the principal use of land is for residences, including mobile homes and travel trailers, located within mobile home parks and travel trailer parks.

(3)

Permitted uses:

a.

Mobile homes and travel trailers, located within mobile home parks and travel trailer parks.

(4)

Conditional uses. These uses are permitted on a specific site only after review and approval by the planning and zoning commission and ratification by the city commission:

a.

Utility service group

(5)

Location. All mobile home and travel trailer parks shall be located in approved subdivisions according to the city's subdivision regulations.

(6)

Mobile home and travel trailer park locations.

a.

Mobile homes. All mobile homes in the city shall be located in an approved mobile home park or mobile home subdivision before being occupied. Also, no business shall be conducted out of a mobile home, except administrative duties of the court owner or manager of home occupation uses according to the city's zoning ordinances.

b.

Mobile home parks. Mobile home parks shall be located in an RH zoning district according to future provisions. Mobile home parks should be considered medium-density residential.

c.

Travel trailers. Travel trailers shall be located in an approved travel or mobile home park.

d.

Travel trailer parks. Travel trailer parks shall be located in an RH zoning district according to future provisions.

e.

Self-propelled mobile homes. Self-propelled mobile homes shall be located in an approved travel trailer or mobile home park.

(7)

Licenses and/or permit requirements.

a.

It is unlawful for any person to maintain, operate, alter or expand any mobile home or travel trailer park within the city's jurisdiction (one mile) without first obtaining a valid license and building permit from the designated officials of the city. Alteration or expansion of an existing mobile home or travel trailer park shall include any addition or reduction of a park site or rearrangement of other service buildings within the park.

b.

All mobile home and park license fees shall be set by resolution of the board.

c.

Application for a mobile home or travel trailer park license shall be filed with and issued by the state department of health and the city. The application shall be reviewed by the state health officer and city departments as deemed necessary by the building inspector. The site plans, specifications and zoning shall be reviewed by the city planning and zoning department. Application for subdivision or site plan approval and zoning changes for a mobile home or travel trailer park shall include payment of a planning review fee. These fees shall parallel the fee schedule of the city for subdivision and zone changes. The purpose of these fees is to offset the cost of publication and review by the planning department. An application for mobile home or trailer court approval shall be submitted to the city planner, along with said fee, and shall include the following:

1.

Name and address of the applicant and engineer or surveyor.

2.

Location map and legal description of the proposed or existing trailer or mobile home park.

3.

A complete site plan and specification of the proposed travel trailer or mobile home park or of the alteration or expansion of an existing park indicating:

(i)

Total acreage and all dimensions of the tract of land.

(ii)

Date of plan.

(iii)

Lot and block acreage.

(iv)

Scale and north arrow.

(v)

Locations and dimensions of all existing and proposed streets, alleys and walkways, and location and size of all sidewalks.

(vi)

Locations and dimensions of all proposed mobile home sites.

(vii)

Locations, plans and specifications of all proposed service buildings.

(viii)

Contours of the land at one-foot intervals for ground slopes between zero and two percent, two-foot contours between two and five percent, and four-foot contours for over five percent.

(ix)

Finished grade plan for all streets and developed areas as required by the city engineer.

(x)

Locations and dimensions of all utility easements.

(xi)

Locations and sizes of water, sewer and storm sewers or open drainage lines.

(xii)

Locations of fire hydrants.

(xiii)

Locations of all recreational areas.

(xiv)

Locations of lighting stands.

(xv)

All setback dimensions.

(xvi)

Location and dimensions of mobile home park buffer.

(xvii)

Such further information as may be required by the health officer to determine if the proposed mobile home park is in compliance with the applicable health regulations.

4.

If the applicant desires to alter or expand an existing mobile home park, an additional site plan shall be submitted indicating the locations and dimensions of existing mobile home sites, streets, walkways and service buildings.

5.

A reproducible Mylar and six blue line prints, 24 inches by 36 inches, shall be submitted to the planning and zoning office upon final approval by the board. Said site plan shall have the signatures of the owner, city engineer, planning and zoning commission chairperson and board president.

6.

Within two weeks of moving into a mobile home, the owner will be required to have a certificate of occupancy. Before issuing the certificate of occupancy, the building inspector or designate shall inspect all utility connections, stabilizing devices, anchoring equipment and determine that the address has been properly installed. A fee for the certificate of occupancy, as set by the board, shall be required of the mobile home owner.

7.

All mobile home and travel trailer parks shall be located in an approved subdivision according to the city's subdivision regulations.

(8)

Design requirements for mobile home parks.

a.

Minimum size. Each parcel of land to be used for a mobile home park shall be a minimum of ten acres, and any addition to said park must contain a minimum of four acres and be contiguous to the park with a boundary of at least 100 feet. The ratio of average depth to average width shall not be in excess of 4:1. There shall be a minimum width of 150 feet along any abutting public right-of-way.

b.

Streets and parking; access to park. Direct vehicular access to the mobile home park shall be only from an abutting approved public street. Access shall be so located as to provide minimum congestion on the external streets and to provide for good circulation within the park. Private access right-of-way shall intersect public right-of-way no closer than 150 feet from the intersection of two public streets.

c.

Width of streets. Streets in a mobile home park shall be private, but shall be constructed and paved in accordance with city street specifications and approved by the city engineer, except as to the paved width, which shall be as follows:

1.

Two-way streets with parking on both sides shall be 40 feet in width.

2.

Two-way streets with parking on one side shall be 32 feet in width.

3.

Two-way streets with no parking on either side shall be 24 feet in width.

4.

No streets shall be less than 24 feet in width.

d.

Entrance roads; easements and intersections. All entrance roads into a mobile home park shall have a minimum unobstructed width of 60 feet and a minimum paving width of 36 feet at the point of entry. All streets into the mobile home park shall be designed for two-way traffic. Easements shall be provided on all streets within the mobile home park for the provision of city services, such as police, fire, and refuse collection. Street intersections should be at right angles on all major streets and minor streets, if possible.

e.

Curb and gutter and street grades. Curb and gutter or alternatives shall be laid on all streets according to the city engineer. Street grades shall be sufficient to ensure surface drainage.

f.

Parking. At least two off-street paved parking spaces per mobile home site shall be provided in the mobile home park. Clustered parking to meet the off-street requirements is allowed, but shall not be on the street right-of-way. Off-street parking for guests should be on the basis of one parking space for each four mobile home lots. Off-street parking shall be provided on the basis of one parking space for each 300 square feet of gross floor space in recreational, service and community buildings.

g.

Buffer strip. Mobile homes shall be set back from any public right-of-way 25 feet and not less than 15 feet from any other boundary. Said buffer strip may be platted as part of the mobile home site. The buffer strip may not be designed for streets and utility sites, but may be utilized for drainage structures. No other structures shall be placed within any of the buffer strips.

h.

Recreation areas. Mobile home park owners are encouraged to design parks with recreational areas sufficient for park residents.

(9)

Design requirements for mobile home site.

a.

Minimum size. Each mobile home site shall have a minimum of 5,000 square feet of area with a minimum average width of 50 feet and minimum average depth of 100 feet. Mobile home sites located on a cul-de-sac may reduce frontage at the street line to 35 feet, but lot area must contain 5,000 square feet.

b.

Land coverage. Total structural coverage of a mobile home site shall not exceed 50 percent of the site area. In computing the ground coverage, 400 square feet shall be added to the area of the mobile home site for the two required off-street parking spaces and all accessory buildings. All nonattached storage sheds must be located in the backyard and not within five feet of the side or rear site line.

c.

Access. Each mobile home site shall abut on a street within the mobile home park, and access directly to the site shall only be from such an internal street.

d.

Setback requirements. No part of the mobile home or other structure upon a mobile home site shall be closer than five feet to a mobile home site boundary line. Mobile homes shall be set back from each other and accessory buildings by at least 15 feet on adjacent lots. There shall be a minimum of ten feet between an individual mobile home and any abutting pavement of a park street.

(10)

Provisions of services in mobile home park.

a.

Service buildings. Service buildings may include management offices, laundry facilities, repair shops and storage areas, sanitary facilities and indoor recreation facilities and incidental commercial uses.

b.

Service building requirements. All service buildings shall comply with the city ordinances and state laws and regulations concerning buildings, electrical installations, plumbing and sanitation systems. They shall, at all times, be operated and maintained in a clean, sightly condition by the park management.

c.

Building height requirements. No structure erected in a mobile home park shall exceed 25 feet in height.

d.

Water supply. Each mobile home park shall be connected with the city's water supply system and designed, constructed and maintained in accordance with the city's ordinances and state laws and regulations. Each mobile home park shall be provided with at least one above-ground water service connection which shall be capped when a mobile home does not occupy the site.

e.

Sewage disposal. All mobile home parks shall be connected to the city central sewer system, and sewer lines shall be designed, constructed and maintained in accordance with the city's ordinances and state laws and regulations and shall be capped when not in use.

f.

Street lighting. All entrances, exits and streets in mobile home parks shall be well-lighted. Street lighting may be either overhead or low level, but must be reflected onto the street.

g.

Electricity and grounding. Each mobile home and mobile home site shall be provided with electricity and proper grounding in accordance with the city's ordinances. Each mobile home site shall be individually metered by the supplying electrical utility company.

h.

All service utility lines. All service utility lines for electrical, telephone, gas and television communication shall be placed underground and designed and constructed in accordance with the city's ordinances.

i.

Refuse handling. The storage, collection and disposal of refuse in the mobile home park shall be provided for in accordance with the applicable city ordinances and state laws and regulations.

j.

Fire protection. All mobile home parks shall be subject to the regulations stated in the fire protection codes adopted by the city and state. Mobile home parks shall be kept free of litter, rubbish and other flammable materials. Portable fire extinguishers, rated for class B and C, shall be kept in service buildings, readily accessible for use by all occupants and maintained in good operating condition.

k.

Street signs and mobile home site address and design. The owner of a mobile home park shall provide street name signs. The individual mobile home owner shall be responsible for displaying on the front of the mobile home the address in letters no smaller than two inches in height before occupancy. All street names shall conform to the city's street plan. All existing and new mobile home parks shall construct street signs, and all sign material shall conform to the city's street sign specifications.

l.

Register of occupants.

1.

A register of all mobile home occupants and owners of mobile homes in the park shall be maintained with the following information:

(i)

The name and address of each mobile home occupant.

(ii)

The name and address of the owner of each mobile home, if different from the occupant.

(iii)

The dates of arrival and departure of each mobile home.

2.

An updated register of occupancy shall be provided to the city every three months with the data in subsection (8)l.1 of this section, as required by the county tax equalization department.

(11)

Temporary parking of travel trailers, camper trailers, cargo trailers and boat trailers.

a.

Forty-eight-hour parking limit. No owner of property within the corporate limits of the city shall permit the parking, maintaining or keeping upon his property, and no person shall park, maintain or keep any travel trailer, camper trailer, cargo trailer or boat trailer for more than 48 hours, unless such trailer is located in a garage. Trailer sales of new and used unoccupied trailers, house cars or camp cars by an individual, firm, or corporation, properly licensed and zoned for trailer sales use shall be located in commercial zoning districts.

b.

Parking sites in mobile home parks. A separate travel trailer park site for travel trailers or camper trailers shall be permitted in any mobile home park, provided that:

1.

Said camp area comprises less than ten percent of the total area of said mobile home park;

2.

A 25-foot buffer strip exists between said camp site and any mobile home site; and

3.

Toilet, water and garbage disposal facilities are available and easily accessible to users of said camp site.

c.

Parking of trailers in residential districts.

1.

Travel trailers, camper trailers and boat trailers not in excess of eight feet in width shall be permitted to park on private property in any residential district, provided that they are:

(i)

Located behind the front building line and not on the public boulevard;

(ii)

Located in a storage shed or garage; or

(iii)

Located in a driveway area permitted for the parking of passenger cars.

2.

Collapsible camping trailers, when stored on a residential lot, shall be stored in a collapsed state.

d.

Parking of self-propelled mobile homes. Self-propelled mobile homes, not exceeding state department of transportation limits in length, shall be permitted to park as a passenger vehicle, but shall not be permitted to be used as a living unit on any public right-of-way.

e.

Parking on public property prohibited. No trailer or mobile home shall be parked upon any public right-of-way, park or other public property within the corporate limits of the city more than 48 hours, and shall not be used for sleeping, housekeeping or living quarters while so parked, unless located in an area publicly designated for such use.

f.

Parking of construction trailers. Trailers used for construction offices on a construction site in a subdivision shall be permitted during the period of construction only after a building permit for the construction job has been issued. Such trailers must be removed from the site or subdivision before a certificate of occupancy is issued for the new construction. Such permitted trailers shall not be used for sales, habitation or promotional purposes and shall be permitted only after receiving a permit from the building inspector for each such trailer.

(12)

Design requirements for travel trailer park.

a.

Site plans. Site plans and specifications for travel trailer parks are required as stated in subsection (10)e of this section.

b.

Minimum size. Each parcel of land to be used for a travel trailer park shall be a minimum of 2.5 acres, and the ratio of average depth to average width shall not be in excess of 4:1. If included as part of a mobile home park, a travel trailer park cannot occupy more than ten percent of the area.

c.

Streets and parking.

1.

Access to park. Direct vehicular access to the travel trailer park shall be only from an abutting, approved public street. Access shall be located so as to provide minimum congestion on the external streets and to provide for good circulation within the park.

2.

Width of streets. Streets in a travel trailer park shall be private and shall be of the following width:

(i)

Two-way streets with no parking on either side shall be at least 24 feet in width.

(ii)

Two-way streets with parking on one side shall be at least 32 feet in width.

(iii)

No roads will be permitted with parking on both sides of the street.

(iv)

One-way streets are permitted with a minimum width of 24 feet.

3.

Street surfacing. All streets shall be paved according to specifications set forth by city ordinances.

4.

Parking. At least one off-street parking space per travel trailer site in each travel trailer park is required.

5.

Travel trailer site. Each travel trailer site shall be well drained and contain a stabilized vehicular parking pad composed of paving or other suitable material as determined by the city engineer. The remainder of the site shall be grassed and landscaped.

d.

Buffer strip. There shall be a well-landscaped buffer strip not less than 25 feet in depth between travel trailer sites and all public streets abutting the travel trailer park and a landscaped buffer strip of not less than 15 feet in depth between travel trailer sites and all other boundaries of the park. Nothing contained in this subsection is to be construed to require a 25-foot buffer strip or 15-foot buffer strip between individual travel trailer sites. The landscaped buffer shall be separate from travel trailer sites, recreation areas, streets, and the utility sites, but may be utilized for drainage structures and utilities distribution and collection. No other structures shall be placed within any of the buffer strips.

e.

Recreation areas. A minimum of ten percent of the total land area of a travel trailer park shall be devoted to one or more common use areas for recreation activity. These recreation areas shall be storage areas, utility sites, and all nonrecreational service buildings. They shall be easily accessible to all park users and shall be owned and maintained by the park management. Although the required space for recreation usage can be met through more than one recreation area in a travel trailer park, minimum size of any area shall be 5,000 square feet.

f.

Tent camping. Tent camping shall be permitted in a travel trailer park on individual travel trailer sites or as accessory uses to travel trailers, if occupied by members of the same party.

(13)

Design requirements for travel trailer sites.

a.

Minimum size. Each parking site shall have a minimum of 1,500 square feet of area with a minimum average width of 25 feet and a minimum average depth of 60 feet. There shall be a maximum of 15 travel trailer sites per acre of land within the travel trailer park.

b.

Access. Each travel trailer site shall abut on at least one street within the travel trailer park, and access directly to the site shall be only from such an internal street.

c.

Setback requirements. No part of a travel trailer placed on a travel trailer site shall be closer than five feet to a site line.

d.

Appurtenances. No permanent external appurtenances, such as cabanas or awnings, may be attached to a travel trailer, and the removal of wheels or the placement of the unit on a permanent foundation is prohibited.

(14)

Provisions of services in travel trailer parks.

a.

Service buildings.

1.

Service buildings may include management offices, laundry facilities, storage areas and any other such buildings necessary to the proper operation of a travel trailer park.

2.

All service buildings shall comply with the city ordinances and state law and regulations concerning buildings, electrical installations, plumbing and sanitation systems. They shall, at all times, be operated and maintained in a clean, sightly condition by the park management.

b.

Water supply.

1.

An adequate supply of water shall be provided in accordance with the state sanitary codes and city ordinances. Travel trailer parks shall be connected to the city's central water system and with water lines designed, constructed and maintained in accordance with the city's ordinances.

2.

A minimum of one water supply outlet shall be provided for every two travel trailer sites.

c.

Sewage disposal.

1.

All sewage disposal facilities shall be designed, constructed and maintained in accordance with the state sanitary codes and city ordinances. All travel trailer parks shall be connected to the central sewer system of the city.

2.

At least one sanitary dumping station shall be provided for every travel trailer park with at least one connection for every 50 travel trailer sites or fractional part.

3.

A complete restroom facility shall be located within a travel trailer site in accordance with the following schedule for 30 travel trailer sites or fractional part:

(i)

Toilets: Two men, four women.

(ii)

Urinal: Two men.

(iii)

Washstand: Three men, three women.

(iv)

Showers: Two men, two women.

d.

Lighting. All entrances, exits, streets and service buildings shall be well-lighted during the hours of darkness. Street lighting may be either overhead or low-level, but must be reflected into the street.

e.

Electricity and grounding. Each travel trailer site shall contain at least one approved electrical receptacle having a minimum of 100/115 volt alternating current.

f.

Service utility lines. All service utility lines within a travel trailer park shall be placed underground and designed and constructed in accordance with city ordinances.

g.

Refuse handling. Each travel trailer site shall be provided with either a metal can with a tight-fitting metal covering, of a capacity not less than four gallons and not to exceed 30 gallons, or dumpster containers, one to four cubic yards, for 14 travel trailer sites that can be maintained by the city.

h.

Fire protection. All travel trailer parks shall be subject to the regulations stated in the Fire Protection Code adopted by the city. Travel trailer parks shall be kept free of litter, rubbish and other flammable materials.

i.

Animal control. No owner or person in charge of an animal shall permit said animal to run at large or to commit any nuisance within the limits of any travel trailer park.

j.

Street names. The owner of the travel trailer park shall provide for street name signs. All street names shall conform to the city's street plan. All existing and new travel trailer parks shall construct street signs, and all sign material shall conform to the city's street sign specifications.

(15)

Operation of travel trailer park.

a.

Permitted uses. A travel trailer park may include travel trailers and any such service buildings or accessory uses necessary for the proper, safe, sanitary operation of the travel trailer park. One mobile home may be located in any travel trailer park for the exclusive use of the owner or park manager as an office or residence.

b.

Responsibilities of park management. The owner of a travel trailer park or the park management shall, at all times, keep the park and its facilities in a clean, orderly and sanitary condition. The park management shall inform all park occupants of the provisions of this article and other related ordinances and state laws and of the responsibilities under this section.

c.

Register of occupants. A register of all travel trailer occupants in the park shall be maintained with the following information:

1.

The name and address of each travel trailer owner or operator making use of the travel trailer park.

2.

The make, model, year and vehicle license number of each travel trailer and motor vehicle.

3.

The state, territory and county in which all vehicles are registered.

4.

The dates of arrival and departure of each travel trailer.

(16)

Penalty. Every person violating this section shall, upon conviction thereof, be punished by a fine of not more than $500.00, by imprisonment for not more than 30 days or by both such fine and imprisonment in the discretion of the court. The court has the power to suspend the sentence or any part and to revoke the suspension thereof.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 22, 4-21-2020)

In any CA Commercial District, the following regulations shall apply:

(1)

General description. Thee CA Commercial District is established as a district in which the principal use of land is for commercial and service uses to serve the surrounding residential district and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and to promote the general welfare of the surrounding residential districts. For the CA Commercial District, in promoting the general purposes of this chapter, the specific intent of this section is:

a.

To encourage the construction of, and continued use of, the land for neighborhood, commercial and service purposes.

b.

To prohibit heavy commercial and industrial use of the land and to prohibit any other use that would substantially interfere with the development or continuation of the commercial structures in the district.

c.

To discourage any use which, because of its character or size, would interfere with the use of the land in the district as a shopping and service center for the surrounding residential districts.

(2)

Uses permitted. The following uses are permitted:

a.

Multifamily dwelling.

b.

Group dwelling.

c.

Retail group A.

d.

Service group A.

e.

Filling station.

f.

Office-bank group.

g.

Health-medical group.

h.

Utility service group

i.

Bed and breakfast facility located in a single-family dwelling, provided that the owner of the dwelling is the holder of a current bed and breakfast facility license for not to exceed four lodging units issued pursuant to the provisions of N.D.C.C. ch. 23-09.1 and that the owner provides one off-street vehicle parking space for each such unit and one off-street parking space for the owner/operator of such facility, and provided, further, that only one sign, not exceeding four square feet in size, advertising such facility, may be placed on the premises.

(3)

Dwelling regulations. Each multifamily or group dwelling hereafter erected shall comply with all regulations governing such uses in an RM Residential District as provided under section 105-3-9.

(4)

Lot area. No zoning lot on which an individual building is placed shall contain less than 5,000 square feet; provided, however, that a building having one or more party walls and a common roof with one or more similar buildings, but individually owned, may be on a lot of any size as long as all other provisions of this chapter, including all provisions for off-street parking and loading, are fully complied with on that lot.

(5)

Floor area ratio. The floor area ratio of the principal building and all accessory buildings shall not exceed 0.70 for single-story buildings, nor shall it exceed 1.00 for buildings of more than one story. The ground area occupied by the principal and accessory buildings shall not exceed 70 percent of the total area of the lot.

(6)

Setbacks.

a.

Front yard.

1.

The minimum front yard setback is 15 feet.

b.

Side yards.

1.

The minimum side yard setback is ten feet. For structures over one story in height, the side yard setback shall increase to 20 feet if the side yard is adjacent to an R3.2, R4, or R7 district.

c.

Rear yards.

1.

The minimum rear yard setback is ten feet. For structures over one story in height, the rear yard setback shall increase to 20 feet if the rear yard is adjacent to an R3.2, R4, or R7 district.

(7)

Height limits. No building shall exceed two stories, nor shall it exceed 30 feet in height.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1300, § 23, 4-21-2020; Ord. No. 1398, 5-3-2022)

In any CB Commercial District, the following regulations shall apply:

(1)

General description. The CB Commercial District is established as the Central Business District of the city in which the principal use of the land is for commercial and service uses for the city and its regional market area. For the CB Commercial District, in promoting the general purposes of this chapter, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of, the land for regional, commercial and service uses.

b.

To provide for the orderly expansion of such uses within the CB Commercial District as designated on the zoning map.

c.

To prohibit heavier commercial and industrial use of the land and to prohibit uses which would substantially interfere with the continuation of the uses presently in the district or with the orderly growth of the district to meet the needs of increased population in the regional market area.

d.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this section.

e.

To encourage the development of the district with such uses and in such a manner as to minimize traffic and parking congestion and in such manner as to provide for the safety and convenience of shoppers, visitors, and other pedestrians in the district.

f.

To discourage any use which, because of its character or size, would create abnormal traffic congestion or fire or safety hazards in the district.

(2)

Uses permitted. The following uses are permitted:

a.

Single-family dwelling in conjunction with a commercial use.

b.

Two-family dwelling in conjunction with a commercial use.

c.

Multifamily dwelling.

d.

Group dwelling.

e.

Hotel.

f.

Motel.

g.

Retail group A.

h.

Service group A.

i.

Filling station.

j.

Office-bank group.

k.

Retail group B.

l.

Service group B.

m.

Commercial recreation group.

n.

Wholesale group.

o.

Church.

p.

Health-medical group.

q.

Education group.

r.

Public recreation group.

s.

Fire station.

t.

Railroad line trackage.

u.

Railroad spur trackage.

v.

Railroad or bus passenger station.

w.

Utility service group.

x.

Bed and breakfast facility located in a single-family dwelling, provided that the owner of the dwelling is the holder of a current bed and breakfast facility license for not to exceed four lodging units issued pursuant to the provisions of N.D.C.C. ch. 23-09.1 and that the owner provides one off-street vehicle parking space for each such unit and one off-street parking space for the owner/operator of such facility, and provided, further, that only one sign, not exceeding four square feet in size, advertising such facility, may be placed on the premises.

y.

Microbrew pubs.

z.

Brewer taprooms.

aa.

Domestic distilleries.

bb.

Wineries.

(3)

Dwelling regulation. Each multifamily or group dwelling hereafter erected shall comply with all regulations governing such uses in an RM Residential District as provided under section 105-3-9.

(4)

Lot area. Except as provided in subsection (3) of this section, any permitted principal building or structure, together with its accessory buildings, shall be located on a lot having an area of not less than 2,500 square feet; provided, however, that such principal building and accessory buildings may be erected on a record lot having an area of less than 2,500 square feet, corresponding to a record lot shown on a plat or deed recorded prior to the adoption of the ordinance from which this section is derived.

(5)

Lot width. Each lot shall have a width of not less than 20 feet measured along the front line of said lot; provided, however, that said minimum width of 20 feet shall not be required on a record lot corresponding to a record lot shown on a plat or deed recorded prior to the adoption of the ordinance from which this section is derived.

(6)

Floor area ratio. The floor area ratio of any principal nonresidential building and its accessory buildings shall not exceed 1.00 for single-story buildings, nor shall it exceed 5.00 for buildings of more than one story.

(7)

Front yard. No front yard shall be required of any principal nonresidential building in a CB district.

(8)

Side yards. No side yard shall be required of any principal nonresidential building in a CB district.

(9)

Rear yards. Each lot shall have a rear yard not less than ten feet in depth; provided, however, that where the rear of a lot adjoins an alley, no rear yard shall be required for a principal nonresidential building.

(10)

Height limits. No building shall exceed nine stories nor shall it exceed 85 feet in height.

(11)

Special conditions for a specified lot. By ordinance, the board authorized inclusion of Lot 12 of Lot A, Sunview Heights Addition, and that vacated portion of section line street known as Twenty-Seventh Street Northeast between Old Red Trail and Interstate 94 in the Southwest Quarter, Section Sixteen, Township One Hundred Thirty-Nine North, Range Eighty-One West of the Fifth Principal Meridian of the City of Mandan within a CB Commercial District subject to the following zoning conditions:

a.

Any structure built on Lot 12, Sunview Heights Addition, shall have a side yard setback of at least 100 feet between Lots 11 and 12.

b.

The owner of said Lot 12 shall erect and maintain a chain-link fence east of the buffer zone near the common boundary between Lots 11 and 12, Sunview Heights Addition.

c.

Trees shall be planted to the west of the chain-link fence as recommended by the city forester to act as a screen and buffer zone between Lots 11 and 12, Sunview Heights Addition.

(12)

Off-street parking and loading requirements in CB Commercial District.

a.

In that section of the CB Commercial District described as follows:

Commencing at the intersection of the centerline of Main Street at Fourth Avenue NE; thence northerly along centerline of Fourth Avenue NE to the intersection of centerline of the alley in Block 3, Original Town of Mandan; thence westerly along the centerline of alleys in Blocks 3, 4, 5, and 6 to the north-south alley in said Block 6, thence northerly along centerline of First Street NE; thence westerly along centerline of First Street NE to the intersection of centerline of Collins Avenue; thence northerly along centerline of Collins Avenue to the intersection of projected south boundary line of Lot 3 Block 22 of Original Town of Mandan; thence westerly along south boundary line of Lots 3 and 10, Block 22; Lots 3 and 10, Block 21; Lots 3 and 10, Block 20; and Lots 3 and 10, Block 19 all of the Original Town of Mandan to the intersection of centerline of Fourth Avenue NW; thence southerly along centerline of Fourth Avenue NW to the intersection of centerline of First Street NW; thence westerly along centerline of First Street NW to the intersection of centerline of Sixth Avenue NW; thence southerly along the centerline of Sixth Avenue NW to the intersection of center of east-west alley of Block 13 of Original Town of Mandan; thence westerly along the centerline of east-west alley in Block 13 and 14 of Original Town of Mandan to the intersection of centerline of Eighth Avenue NW; thence southerly along centerline of Eighth Avenue NW to the intersection of centerline of Main Street; thence easterly along centerline of Main Street to intersection of centerline of Fourth Avenue NE the same being the point of beginning.

b.

Provisions of this section regarding off-street parking shall be applied in the following:

1.

For any building replacing a building existing at the date of the ordinance from which this section is derived, a new building being constructed on vacant land or a building in which the floor space is increased by any additions or structural alternations, off-street parking space will not be required under this chapter, but will be provided by the city as the governing body of this city may from time to time provide by eminent domain or other authorized legal means and assessed against the benefited property.

2.

Notwithstanding any other requirements of this section relative to off-street parking, off-street loading shall be provided as designated elsewhere in this section.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1372, § 4, 9-21-2021; Ord. No. 1407, § 5, 7-19-2022)

In any CC Commercial District, the following regulations shall apply:

(1)

Uses permitted. The following uses are permitted:

a.

Any use permitted in a CB Commercial District, except residential dwellings.

b.

Storage building and warehouse.

(2)

Lot area. Each principal building hereafter erected, together with its accessory buildings, shall be located on a lot having an area of not less than 7,000 square feet.

(3)

Lot width. Each lot shall have a width of not less than 50 feet measured along the front building line.

(4)

Floor area ratio. The floor area ratio shall be as prescribed for CB Commercial Districts as set out in section 105-3-12(6).

(5)

Front yard. Each lot shall have a front yard of not less than 35 feet.

(6)

Side yards. No side yard shall be required of any building, except on lots which abut on a public street, in which event no building shall be less than 35 feet from any lot line.

(7)

Rear yards. Each lot shall have a rear yard not less than ten feet in depth.

(8)

Height limits. No building shall exceed nine stories, nor shall it exceed 85 feet in height.

(9)

Off-street parking and loading space. Parking and loading spaces shall be as required by section 105-1-6.

(Ord. No. 1242, § 5, 12-20-2016)

In any MA Industrial District, the following regulations shall apply:

(1)

General description. The MA Industrial District is established as a district in which the principal use of land is for heavy commercial establishments and non-nuisance industries. For the MA Industrial District, in promoting the general purposes of this chapter, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of, the land for commercial and industrial buildings.

b.

To prohibit use of the land for heavy nuisance industry and to prohibit any other use which would substantially interfere with the development or continuation of commercial and industrial establishments in the district.

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(2)

Uses permitted. The following uses are permitted:

a.

Retail group A.

b.

Retail group B.

c.

Service group A.

d.

Service group B.

e.

Filling station.

f.

Wholesale group.

g.

Fire station.

h.

Truck terminal.

i.

Railroad line trackage.

j.

Railroad spur trackage.

k.

Railroad or bus passenger station.

l.

Railroad freight station.

m.

Utility service group.

n.

Industrial group A.

o.

Animal hospital.

p.

Radio or television transmitting station.

q.

Crematorium.

r.

Microbrew pubs.

s.

Brewer taprooms.

t.

Domestic distilleries.

u.

Wineries.

(3)

Lot area. Each principal building hereafter erected, together with its accessory buildings, shall be located on a lot having an area of not less than 5,000 square feet.

(4)

Lot width. Each lot shall have a width of not less than 50 feet measured along the front building line; provided, however, that on a record lot having a width of less than 50 feet at the front building line, and corresponding to a record lot shown on a plat or deed recorded prior to the adoption of the ordinance from which this section is derived, the minimum lot width measured along the front building line may be reduced to not less than 25 feet.

(5)

Floor area ratio. The floor area ratio of the principal building and all accessory buildings shall not exceed 1.0 for single-story buildings, nor shall it exceed 2.0 for buildings of more than one story.

(6)

Front yard. No front yard shall be required, except where the majority of lots in a block have been lawfully occupied with buildings having front yards, in which case the regulations of section 105-1-2 shall apply.

(7)

Side yards. No side yards shall be required, except where a lot adjoins a lot in a residential district, then a building on a lot in the MA Industrial District shall observe the side yard requirements of the adjacent residential district.

(8)

Rear yard. No rear yard shall be required.

(9)

Height limits. No principal building shall exceed four stories, nor shall it exceed 50 feet in height.

(10)

Off-street parking and loading spaces. The intent of this section in reducing the required yards to a minimum is to allow a greater flexibility in locating buildings on a lot. It is not the intent of this section to eliminate or exempt any use permitted in the district from full compliance with all off-street parking and loading requirements of this chapter.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1320, § 3, 9-3-2019; Ord. No. 1372, § 5, 9-21-2021)

In any MB Industrial District, the following regulations shall apply:

(1)

General description. The MB Industrial District is established as a district in which the principal use of land is for heavy commercial and industrial establishments, which may create some nuisance, and which are not properly associated with, nor compatible with, residential, institutional and neighborhood commercial and service establishments. For the MB Industrial District, in promoting the general purposes of this chapter, the specific intent of this section is:

a.

To encourage the construction of, and the continued use of, land for heavy commercial and industrial purposes.

b.

To prohibit any other use that would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the district.

c.

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(2)

Uses permitted. The following uses are permitted:

a.

Filling station.

b.

Retail group B.

c.

Service group B.

d.

Wholesale group.

e.

Fire station.

f.

Truck terminal.

g.

Railroad line trackage.

h.

Railroad spur trackage.

i.

Railroad freight station.

j.

Railroad freight classification yard.

k.

Truck farming group.

l.

Utility service group.

m.

Industrial group A.

n.

Industrial group B.

o.

Livestock sales pavilion.

p.

Oil and gas well.

q.

Radio or television transmitting station.

r.

Sand and gravel extraction.

s.

Sewage treatment plant.

t.

Animal hospital.

u.

Taxidermy.

v.

Crematorium.

(3)

Lot area. Each principal building erected, together with its accessory buildings, shall be located on a lot having not less than 10,000 square feet; provided, however, that in an MB Industrial District, and in no other residential, commercial or industrial district, it is permissible to erect more than one principal building on a zoning lot, provided that all other requirements of this section and this chapter are complied with.

(4)

Lot width. Each lot shall have a width of not less than 75 feet measured along the front building line; provided, however, that on a record lot having a width of less than 75 feet at the front building line and, corresponding to a record lot shown on a plat or deed recorded prior to the adoption of the ordinance from which this section is derived, the minimum lot width measured along the front building line may be reduced to not less than 50 feet.

(5)

Floor area ratio. The floor area ratio of the principal buildings or building and all accessory buildings shall not exceed 0.30 for single-story buildings, nor shall it exceed 0.60 for buildings of more than one story. The ground area occupied by the principal building or buildings and accessory buildings shall not exceed 30 percent of the total area of the lot.

(6)

Front yard. Each lot shall have a front yard not less than 50 feet in depth.

(7)

Side yards. Each lot shall have two side yards, one on each side of any principal building. The sum of the widths of the two side yards shall not be less than 20 percent of the average width of the lot. On any lot having an average width of 75 feet or less, each side yard shall be not less than ten percent of the width of the lot, and in no case shall a side yard be less than five feet in width. On any lot having an average width greater than 75 feet, no side yard shall be less than 7.5 feet in width and no side yard need be greater than 50 feet in width. On a lot containing two principal buildings located side by side, there are no minimum requirements for side yards between the two buildings.

(8)

Rear yard. Each lot shall have a rear yard not less than 25 feet in depth.

(9)

Height limits. No principal building shall exceed four stories, nor shall it exceed 50 feet in height. No accessory building shall exceed two stories, nor shall it exceed 25 feet in height.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1320, § 4, 9-3-2019)

In any MC Industrial District, the following regulations shall apply:

(1)

Uses permitted. Any use permitted in an MA Industrial District, except an animal hospital.

(2)

Lot area. Each principal building hereafter constructed, together with its accessory buildings, shall be located on a lot having an area of not less than 7,000 square feet.

(3)

Lot width. Each lot shall have a width of not less than 50 feet measured along the front building line.

(4)

Floor area ratio. The floor area ratio shall be as prescribed for MA Industrial District as set out in section 105-3-14(5).

(5)

Front yard. Each lot shall have a front yard of not less than 35 feet.

(6)

Side yards. No side yard shall be required for any building, except on lots which abut on a public street, in which event no building shall be less than 35 feet from any lot line.

(7)

Rear yard. Each lot shall have a rear yard not less than ten feet in depth.

(8)

Height limits. No principal building shall exceed four stories, nor shall it exceed 50 feet in height.

(9)

Off-street parking and loading space. Parking and loading spaces shall be as required by section 105-1-6.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1398, 5-3-2022)

In any MD Industrial District, the following regulations shall apply:

(1)

Uses permitted. The following uses are permitted:

a.

Any use permitted in an MB Industrial District.

b.

Temporary livestock handling and retention facilities as necessary for the operation of a livestock sales market, and an abattoir.

c.

Medical marijuana growing facility.

(2)

Dimensional standards. The provisions of section 105-3-15 relating to an MB Industrial District concerning lot area, lot width, floor area ratio, front yard, side yard, rear yard, and height limits shall apply to any MD Industrial District.

(3)

Off-street parking and loading space. Parking and loading spaces shall be as required by section 105-1-6.

(Ord. No. 1242, § 5, 12-20-2016; Ord. No. 1266, § 4, 7-10-2018)