Mandan City Zoning Code

ARTICLE 4

- SPECIAL PURPOSE DISTRICTS

Sec. 105-4-1. - A Agricultural District.

In any A Agricultural District, the following regulations shall apply:

(1)

General description. The A Agricultural District is established as a district in which the predominant use of land is for general agricultural uses. For the A Agricultural District, in promoting the general purposes of this chapter, the specific intent of this section is as follows:

To encourage the continued use of the land for agricultural uses.

To prohibit scattered commercial and industrial uses of the land and to prohibit any other use which would interfere with an integrated and efficient development of the land for more intensive urban uses as the city expands.

To discourage any use which, because of its character or size, would create unusual requirements and costs for public services, such as police and fire protection, water supply and sewage before such services could be expanded efficiently in the normal development of the city.

(2)

Uses permitted.

The following uses are permitted:

Single-family dwelling.

Church.

Education group.

Public recreation group.

Fire station.

Railroad line trackage.

General farming group, as defined in section 105-1-4.

Truck farming group, as defined in section 105-1-4.

Utility service group.

10.

Airport.

11.

Golf course.

12.

Oil and gas well.

13.

Radio or television transmitting station.

14.

Sand or gravel extraction.

15.

Sewage treatment plant.

16.

Fireworks stand.

Provided, however, that on a record lot having an area of less than five acres, but not less than 20,000 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, any of the following uses are permitted:

Single-family dwelling.

Church.

Education group.

Public recreation group.

Fire station.

Railroad line trackage.

General farming group, as defined in section 105-1-4.

Truck farming group, as defined in section 105-1-4.

Utility service group.

10.

Animal hospital.

11.

Oil or gas well.

12.

Fireworks stand.

And on a similar lot having an area of less than the 20,000 square feet but not less than 5,000 square feet, the following uses are permitted:

Single-family dwelling.

Church.

Fire station.

Railroad line trackage.

Truck farming group.

Utility service group.

(3)

Lot width. Each lot shall have a width of not less than 100 feet measured along the front building line; provided, however, that on a record lot having a width of less than 100 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.

(4)

Floor area ratio. The floor area ratio of the principal building and all accessory buildings shall not exceed 0.30 for all single-story buildings, nor shall it exceed 0.40 for the buildings of more than one story. The ground area occupied by the principal and accessory buildings shall not exceed 30 percent of the total area of the lot.

(5)

Front yard. Each lot shall have a front yard not less than 25 feet in depth.

(6)

Side yard. Each lot shall have two side yards, one on each side of the principal building. The sum of the width 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 60 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 60 feet, neither side yard shall be less than six feet in width; provided, however, that for any building 35 feet in height or less, no side yard greater than 15 feet in width shall be required; provided, further, that no building housing livestock or poultry shall be less than 50 feet distant from any residential building on an adjacent lot, nor shall such building be less than 50 feet from the boundary of any lot in a residential or commercial district.

(7)

Rear yard. Each lot shall have a rear yard not less than 20 feet in depth.

(8)

Height limits. No single-family dwelling shall exceed 2.5 stories, nor shall it exceed 35 feet in height. No principal building for any other permitted use shall exceed four stories, nor shall it exceed 50 feet in height. For each one foot or fraction thereof that a building exceeds 35 feet in height, there shall be added four feet to the minimum width of each side yard, two feet to the minimum depth of the front yard and two feet to the minimum depth of the rear yard required by this section. Any accessory building that exceeds 25 feet in height shall be considered a principal building for the purpose of figuring yards and distances from lot boundary lines.

(Code 1957, § 14-0220; Code 1994, § 21-04-14; Ord. No. 722, § 2, 1987; Ord. No. 884, § 1(2), 3-2-1999; Ord. No. 1291, § 3, 3-5-2019)

Sec. 105-4-2. - Downtown districts.

(a)

Districts established. The following downtown zoning districts are hereby established:

(1)

DC Downtown Core District; and

(2)

DF Downtown Fringe District.

(b)

Use table. The table contained herein lists the uses allowed within the downtown zoning districts.

(1)

Use categories. All of the categories listed in the use table are explained in detail elsewhere in this chapter. The second column of the use table contains an abbreviated explanation of the respective use category. If there is a conflict between the abbreviated explanation and the full explanation elsewhere in this chapter, the full explanation shall prevail.

(2)

Use standards. An "X" in the third column of the use table indicates that the use is subject to use-specific standards.

(3)

Uses permitted by right. A "P" indicates that a use category is allowed by right in the respective zoning district. These permitted uses are subject to all other applicable provisions of this chapter.

(4)

Special uses. An "SUP" indicates that the use is allowed only if reviewed and approved as a Special Use and is subject to all other applicable regulations in this chapter.

(5)

Uses not allowed. An "—" indicates that the use is not allowed in the respective zoning district.

(6)

Uses requiring administrative approval. An "A" indicates that the use requires administrative approval in the respective zoning district.

Use Table

Proposed Use Category	Definition	Use Standard	District
Proposed Use Category	Definition	Use Standard	DC	DF
Residential Uses
Group Dwelling	Residential occupancy of a structure by a group of people who do not meet the definition of household.		P	P
Household dwelling	Residential occupancy of a dwelling unit by a household (related or up to four unrelated).
Single-family, detached				P
Duplex/single-family attached (2)				P
Single-family, attached (3-8)	e.g., condos			P
Multifamily structure			P	P
Residences on 2nd floor & above			P	P
Commercial Uses
Drive-through facilities	Drive-through facilities in conjunction with a permitted principal use.	X	SUP	SUP
Entertainment event, major	Activities and structures that draw large numbers of people to specific events or shows. This category does not include outdoor recreation and entertainment uses, such as golf driving ranges and racetracks.		P	P
Office group	Activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services.		P	P
Parking, accessory	Parking that is an accessory to a specific use, but not located on the same parcel as the use - use standards for accessory parking that is adjacent to a residential use.	X	SUP	SUP
Parking, commercial	Parking that is not an accessory to a specific use - fees may or may not be charged.	X	P	SUP
Retail sales and services Retail group A Service group A Service group B Commercial recreation group Groups are modified by description of this item and other items in this table.	Establishments involved in the sale, lease or rental of any new or used products to the general public - they may also provide personal services or entertainment or provide product repair or services for consumer and business goods — use standards for convenience store/gas stations, mortuaries/funeral homes. This category does not include self-service storage uses, adult entertainment centers, animal hospitals or kennels, or off-premises advertising signs.	X	P	P
Microbrew pub	A facility that manufactures no more barrels of fermented malt beverage than outlined in North Dakota Century Code section 5-01-21 per year for wholesale, sale directly to consumer, or consumption on the premises. A brewer taproom may be co-located within a restaurant or a separate stand-alone facility.	X	SUP	SUP
Brewer taproom	A facility that manufactures no more barrels of fermented malt beverage than outlined in North Dakota Century Code section 5-01-21 per year for wholesale, sale directly to consumer, or consumption on the premises. A brewer taproom may be co-located within a restaurant or a separate stand-alone facility.	X	—	SUP
Domestic distilleries	A facility that manufactures no more gallons of spirits than outlined in North Dakota Century Code section 5-01-19 per year produced on-site and available for wholesale, for sale directly to consumers on-site or for consumption on the premises, or for sale to other domestic distilleries on-site. A domestic distillery may be co-located within a restaurant or a separate stand-alone facility.	X	SUP	SUP
Winery	A facility that manufactures no more cases of wine than outlined in North Dakota Century Code section 5-01-17 per year produced on-site and available for wholesale, for sale directly to consumers on-site, or for consumption on the premises. A winery may be co-located within a restaurant or a separate stand-alone facility.	X	SUP	SUP
Retail group B	Auto, truck, motor cycle, off-road, and boat sales; Feed, grain, and farm supply sales.	X	—	SUP
Auto repair garage	Service to passenger vehicles, light trucks and other consumer motor vehicles generally, the customer does not wait at the site while the service or repair is being performed.	X	SUP	P
Auto service, limited	Direct services to motor vehicles where the driver generally waits in the car or nearby while the service is performed.	X	SUP	P
Institutional Uses
Child Care Center	Care, protection and supervision for children and adults on a regular basis away from their primary residence for less than 24 hours/day.	X	SUP	SUP
Colleges	Colleges and institutions of higher learning.		P	P
Community services	Public, non-profit or charitable uses, generally providing a local service to the community.	X	P	P
Health care facilities	Medical or surgical care to patients, with overnight care.		P	P
Parks and open areas	Natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, etc.		P	P
Religious institutions	Meeting area for religious activities	X	P	P
Safety services	Public safety and emergency response services.		P	P
Schools	Schools at the primary, elementary, middle, junior high or high school level.	X	—	P
Other Uses
Detention facilities	Government-operated facilities for the detention or incarceration of people.	X	—	—
Moving of buildings/structures	Moving in of a building or structure that has been previously occupied in another location.	X	—	SUP
Passenger terminals	Passenger terminals for regional bus and rail service.	X	P	P
Public/community events	Planned gathering on public property consisting of 50 or more people or any sized event which blocks, or otherwise reserves, access to public property/right-of-way ¹ .	X	A	A
Wireless communication facilities	Devices and supporting elements necessary to provide telecommunication services.		SUP	SUP
Utilities and essential services	Infrastructure services that need to be located in or near the area where the service is provided.		P	P

¹ Does not apply to spontaneous responses to current events or activities common to public parks/property that do not alter the day-to-day functionality of the site.

(Code 1994, § 21-04-17; Ord. No. 1013, § 2, 10-17-2006; Ord. No. 1296, § 1, 11-6-2018; Ord. No. 1300, § 24, 4-21-2020; Ord. No. 1372, § 6, 9-21-2021; Ord. No. 1398, 5-3-2022)

Sec. 105-4-2.1. - DC Downtown Core District.

(a)

General description. The purpose of the DC Downtown Core District is to preserve and enhance the mixed-use, pedestrian-oriented nature of the city's downtown area. The district allows a wide range of mutually supportive uses in order to enhance Downtown Mandan's role as a commercial, cultural, governmental, health/medical, entertainment, education and residential center. The district standards also facilitate the creation of a strong and distinctive sense of place through the inclusion of open space and public plazas. The use of design standards will maintain the historical integrity, enhance the quality of design, and preserve the human-scale development of downtown.

(b)

Location. The following described property shall be included in the DC Downtown Core District:

In Mandan Proper Subdivision, Morton County, North Dakota in Section 27, Township 139 North, Range 81 West:

All of Blocks 3-10 and 19-22; Lots 7-12, Block 23; Lots 1-6, Block 36; Lots 7-12, Block 35.

(c)

Dimensional standards. Development within the DC Downtown Core District is subject to the following dimensional standards:

(1)

Lot area. The minimum lot area is 2,500 square feet, unless a lot is recorded to have less than 2,500 square feet prior to adoption of the ordinance from which this section is derived.

(2)

Lot width. The minimum lot width is 20 feet.

(3)

Lot depth. There is no lot depth requirement.

(4)

Front yard setback. There is no minimum front yard setback. If the development site is between two existing buildings, which are both setback from the front property line, the front yard setback may not exceed the average setback of the adjoining buildings. In no case shall a setback greater than 15 feet be allowed, and this area must be landscaped and/or incorporate streetscape elements.

(5)

Side yard setback. There is no minimum side yard setback, unless the side property line abuts residentially zoned property, in which case the minimum side yard setback shall be six feet.

(6)

Rear yard setback. The minimum rear yard setback is ten feet; provided that, where the rear of a lot adjoins an alley, no rear yard shall be required for a principal nonresidential building.

(7)

Height limits. The maximum height is 130 feet, unless a special use permit to exceed this height is granted. The minimum height is two stories or 20 feet.

(8)

Lot coverage. The maximum lot coverage is 100 percent.

(d)

Design standards. All development within the DC Downtown Core District is subject to the following design standards:

(1)

Intent. The intent of the design standards is to create and maintain a high visual quality and appearance for the DC Downtown Core District. The regulations are also intended to stimulate and protect investment through the establishment of high standards with respect to materials, details and appearance.

(2)

Review and approval. Compliance with these design standards shall be carried out in conjunction with the city's site plan review procedures. An administrative decision by the Mandan Architectural Review Committee regarding the design standards may be appealed to the city commission and will be subject to the commission's standard public hearing procedures.

(3)

Building materials.

All walls visible from the street shall be primarily faced with brick, stone, architectural or pre-cast concrete, EFIS, stucco, or an equivalent or better. The use of plain surface concrete or block shall be prohibited (i.e., the surface must be dimensional). Nontransparent glass shall be prohibited from covering more than 40 percent of the exterior walls.

All subsequent renovations, additions and related structures constructed after the construction of an original building shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming to the original architectural design and general appearance.

In order to maintain a sense of harmony within the area, the colors and materials used should generally be compatible with or complementary to those used for buildings on adjoining parcels.

(4)

Height. The height of a new mid-block building shall be within one story/15 feet of any adjacent building. If a proposed mid-block development is between two existing buildings that vary more than three stories in height, the new building shall be within one story/15 feet in height of either the taller or shorter building. The height of a new corner building may be higher than buildings on adjacent parcels, but should generally be within the average height of the buildings occupying the three adjacent corners of the intersection. It is not the intent of this provision to regulate the height of a building that occupies one-quarter of a block or more as it relates to adjacent or adjoining buildings.

(5)

Alignment. New infill development in the downtown district shall maintain the continuity of setback and alignment of adjoining facades at the property line.

(6)

Width. New buildings shall reflect the existing characteristic rhythm of facades along the street. New construction, including parking ramps that require two or more lots, should respect this pattern by designing the pattern of adjacent facade widths into the new facade.

(7)

Horizontal rhythms. New development shall maintain the alignment of building windows, cornices and rooflines that dominate the block on which it will be constructed. Character and scale shall be compatible with surrounding structures through the use of materials, detailing and window placement. A clear visual division between the street level and upper floors shall also be maintained. Canopies and awnings, consistent with the architectural style of the building, are strongly encouraged to accentuate the street level relationship between the building and streetscape and to provide protection of pedestrians.

(8)

Entrances. Main entrances to buildings shall face and be clearly visible from the street and define the entry point.

(9)

Historic preservation. Rehabilitation of existing historically significant buildings shall be in accordance with the Secretary of the Interior's Standards for Rehabilitation to the greatest degree practicable.

(10)

Display windows. The original size and shape of display windows on existing buildings shall be preserved. For nonresidential buildings, a minimum of 50 percent of first floor facades fronting the street shall be windows, doors and other transparent elements.

(11)

Rooftop equipment. Rooftop equipment shall be screened from ground level views with parapet walls or enclosures similar in form, material and detail to the primary structure.

(12)

Vacant buildings. Vacant and abandoned buildings shall be made to appear inhabited. Boarding up windows in vacant or abandoned buildings shall be prohibited. Window coverings shall be aesthetically pleasing.

(13)

Demolition and vacant lots. Any demolition shall be in accordance with the provisions of the building construction requirements of this Code. Any lots left vacant after demolition shall be treated to control fugitive dust. If the lot is to remain vacant for more than 180 days, said lot shall be landscaped. The lot shall be maintained and kept free of debris and litter.

(14)

Exposed common walls. If common walls are exposed due to demolition of adjoining buildings, the walls shall be treated to ensure that the walls do not become a visual eyesore. The treatment may be temporary or permanent depending on the potential for redevelopment of adjoining parcels. Temporary alternative treatments must be approved by the Mandan Architectural Review Commission. Permanent alternative treatments include architectural treatment that is similar to the front facade of the building or stucco. The wall treatment shall be in place within 90 days of the date of demolition, unless a longer period is authorized at the time of approval of the demolition plans, and shall be the financial responsibility of the owner of the property upon which the demolished building was located.

(15)

Work in public right-of-way. Any work within the public right-of-way must be approved by the Mandan Architectural Review Commission, shall be in accordance with any city guidelines and shall comply with the standards established by the city engineer.

(e)

Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the provisions of section 105-1-6. Off-street parking shall not be required for properties within the downtown parking district (section 105-3-12(12)).

(f)

Landscaping and screening. Landscaping and screening shall meet the approval of, and guidelines set forth by, the Mandan Architectural Review Commission. Development within the DC Downtown Core District, including the development of parking areas, shall be subject to the requirements of section 105-1-6. If decorative fencing or any other streetscape elements are used, they shall be consistent with, or complementary to, the designated downtown streetscape elements.

(g)

Signage. All signage in the DC Downtown Core District shall be installed and maintained in accordance with the city policy. Canopies used for signage shall be consistent with the architectural style of the building.

(Code 1994, § 21-04-17.1; Ord. No. 1013, § 2, 10-17-2006; Ord. No. 1107, 2-7-2012; Ord. No. 1296, § 1, 11-6-2018)

Sec. 105-4-2.2. - DF Downtown Fringe District.

(a)

General description. The purpose of the DF Downtown Fringe District is to strengthen and complement the city's downtown area by allowing uses not normally allowed in the DC Downtown Core District. The Downtown Fringe District also serves to provide a transitional area between the DC Downtown Core District and adjacent commercial and residential zoning districts. The uses allowed in this district usually require larger parcels and a greater emphasis on automobile access and parking.

(b)

Location. The following described property shall be included in the DF Downtown Fringe District:

(1)

In Mandan Proper Subdivision, Morton County, North Dakota in Section 27, Township 139 North, Range 81 West:

All of Blocks 1 and 2, 11-18, 24-34, 37-58; Lots 1-6, Block 23; Lots 1-6, Block 35; Lots 7-12, Block 36.

(2)

All of Albers-Neff First Addition, City of Mandan, Morton County, North Dakota

(3)

All of Collin's Court Addition, City of Mandan, Morton County, North Dakota.

(4)

In Meads Addition, City of Mandan, Morton County, North Dakota: All of Blocks 1 and 8-11; Lots 1-12 of Blocks 7 and 12; Lots 1-3, and 13, Block 15.

(5)

In Albers-Neff Second Addition, City of Mandan, Morton County, North Dakota:

Lot 1, Block 1; Lots 10-12, Block 4.

(6)

In First Northern Pacific Addition, City of Mandan, Morton County, North Dakota:

All of Blocks 59-74 and 81; Lots 4-9, Blocks 76-79 and 82; Lots 4-12, Block 80; Lots 7-9, Block 83.

(7)

In Don's Addition, City of Mandan, Morton County, North Dakota:

Lots 1-3 and 8, Block 3.

(8)

In Helmsworth and McLean's Addition, City of Mandan, Morton County, North Dakota:

All of Blocks 1-23; Lots 7-18, Blocks 24-29; Lots 7-12, Block 30 All of Koch Commercial Park.

(9)

All of Helmsworth's and McLean's Second Addition, City of Mandan, Morton County, North Dakota

(10)

All lands between 10th Avenue West and the Railroad overpass east of Mandan Avenue bounded on the north by Main Street and bounded on the south by the BNSF Railroad Trackage.

(11)

All lands bounded on the west by Mandan Avenue, bounded on the east by BNSF Railroad Trackage between 3rd Street NE and Main Street.

(c)

Dimensional standards. Each single-family, two-family, 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. Nondwelling development within the DF Downtown Fringe District is subject to the following dimensional standards:

(1)

Lot area. The minimum lot area is 2,500 square feet unless the lot is recorded to have less than 2,500 square feet prior to adoption of the ordinance from which this section is derived.

(2)

Lot width. The minimum lot width is 25 feet.

(3)

Lot depth. There is no lot depth requirement.

(4)

Front yard setback. There is no minimum front yard setback, unless the property is immediately adjacent to a residentially zoned property, in which case the minimum front yard setback shall be 15 feet. In no case shall a setback greater than 25 feet be allowed, and this area must be landscaped and/or incorporate streetscape elements.

(5)

Side yard setback. There is no minimum side yard setback, unless the property is immediately adjacent to a residentially zoned property, in which case the minimum side yard setback shall be five feet.

(6)

Rear yard setback. There is no minimum rear yard setback, unless the property is immediately adjacent to a residentially zoned property, in which case the minimum rear yard setback shall be ten feet.

(7)

Height limits. The maximum height is 75 feet, unless the property is immediately adjacent to a residentially zoned property, in which case the maximum height is 50 feet.

(8)

Lot coverage. The maximum lot coverage is 100 percent, unless the property is immediately adjacent to a residentially zoned parcel, in which case the maximum lot coverage shall be 70 percent.

(d)

Design standards. All development within the DF Downtown Fringe District is subject to the following design standards:

(1)

Intent. The intent of the design standards is to create and maintain a high visual quality and appearance for the DF Downtown Fringe District. The regulations are also intended to stimulate and protect investment through the establishment of high standards with respect to materials, details and appearance.

(2)

(3)

Building materials.

For nonresidential and multifamily residential buildings containing more than eight units, all walls visible from the street shall be primarily faced with brick, stone, architectural or pre-cast concrete, EFIS, stucco, or an equivalent or better. The use of plain surface concrete or block shall be prohibited (i.e., the surface must be dimensional). Nontransparent glass shall be prohibited from covering more than 40 percent of the exterior walls.

For residential buildings containing eight or fewer units, traditional residential building materials may be used.

All subsequent additions and related structures, constructed after the construction of an original building, shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming to the original architectural design and general appearance.

(4)

Height. The height of a new building should be within one-story/15 feet of any buildings on adjacent parcels. It is not the intent of this provision to regulate the height of a building that occupies one-quarter of a block or more as it is related to buildings on adjacent parcels.

(5)

Alignment. The setbacks and alignment of a new building should be similar to any buildings on adjoining parcels.

(6)

Entrances. Main entrances to buildings shall face and be clearly visible from the street.

(7)

(8)

Rooftop equipment. Rooftop equipment shall be screened from ground level views with parapet walls or enclosures similar in form, material and detail to the primary structure.

(9)

(10)

Demolition and vacant lots. Any demolition shall be in accordance with the provisions of this Code. Any lots left vacant after demolition shall be treated to ensure to control fugitive dust. If the lot is to remain vacant for more than 180 days, said lot shall be landscaped. The lot shall be maintained and kept free of debris and litter.

(11)

Exposed common walls. If common walls are exposed due to demolition of adjoining buildings, the walls shall be treated to ensure that the walls do not become a visual eyesore. The treatment may be temporary or permanent depending on the potential for redevelopment of adjoining parcels. Temporary alternative treatments must be approved by the Mandan Architectural Review Committee. Permanent alternative treatments include architectural treatment that is similar to the front facade of the building or stucco. The wall treatment shall be in place within 90 days of the date of demolition, unless a longer period is authorized at the time of approval of the demolition plans, and shall be the financial responsibility of the owner of the property upon which the demolished building was located.

(e)

(f)

(g)

Landscaping and screening. Landscaping and screening shall meet the approval of and guidelines set forth by the Mandan Architectural Review Commission. If decorative fencing or any other streetscape elements are used, they shall be consistent with, or complementary to, the designated downtown streetscape elements.

(h)

Signage. All signage in the DF Downtown Fringe District shall be installed and maintained in accordance with city policy. Canopies used for signage shall be consistent with the architectural style of the building.

(Code 1994, § 21-04-17.2; Ord. No. 1013, § 5, 10-17-2006; Ord. No. 1107, 2-7-2012; Ord. No. 1296, § 1, 11-6-2018)

Sec. 105-4-3. - Planned unit developments.

(a)

Intent. It is the intent of this section to encourage flexibility in development of lands within the jurisdiction of the city in order to:

(1)

Promote its most appropriate use;

(2)

Improve the design, character and quality of new developments;

(3)

Facilitate the adequate and economical provisions of streets and utilities; and

(4)

Preserve the natural and scenic features of open space.

(b)

Re-zone to planned unit development district (PUD) required. In order to take advantage of the flexibility provided by this section, an applicant shall be required to submit an application to create a PUD district. Each PUD district shall have a unique re-zone PUD district number that shall be recorded on the zoning map.

(c)

Approval; denial. All planned units shall be considered by the planning and zoning commission and the city commission in the same manner as a zoning change. The city commission may grant the proposed planned unit, in whole or in part, with or without modifications and conditions, or deny it.

(d)

Ordinance requirements. The ordinance establishing the new PUD district shall:

(1)

Specify the PUD re-zone ordinance number.

(2)

All land development standards that shall apply to the PUD district.

(3)

Specify findings of fact and conclusions of law that substantiate the benefit of any and all deviations from existing city land development regulations.

(4)

Shall specify that all land development shall be in compliance with the adopted PUD re-zone ordinance.

(e)

Changes; amendments.

(1)

Requested amendments or changes to an approved planned unit development shall be processed based on the nature, scope and magnitude of the requested change. Major changes to an approved PUD shall be processed as though it were a first or original PUD.

(2)

The following shall be considered major changes to an approved PUD:

A change in the land area of the PUD in excess of five percent of the approved land area.

A change in the residential density or number of residential dwelling units in excess of ten percent of the approved number of residential dwelling units.

A change in the aggregate square footage of nonresidential buildings in excess of ten percent of the approved aggregate square footage of nonresidential buildings.

Any change to a condition of approval that appears in the ordinance conditionally approving the PUD.

Any change in the location, type or size of a building located within 100 feet of a property line that abuts an existing or planned residential use or residential zoning district.

A significant departure from the approved alignment of a major through-street.

(3)

All other changes to an approved PUD shall be considered administrative and processed and acted upon by staff.

(f)

Review criteria. The proposed PUD must meet each of the following criteria:

(1)

The proposal conforms to the comprehensive plan of the city.

(2)

The character and nature of the proposal contains a planned and coordinated land use or mix of land uses which are compatible and harmonious with adjacent land areas. Any and all potential land use incompatibilities have been satisfactorily mitigated.

(3)

All existing and proposed streets and other transportation system improvements are designed to adequately accommodate the expected amount and type of traffic generated from the proposed PUD.

(4)

The PUD is in compliance with the following development standards:

Land use intensity. The maximum density of residential uses and the maximum intensity of nonresidential uses shall not exceed that allowed by the underlying zoning districts.

Mixed uses. A PUD may have a mix of land uses, provided that any one land use type shall not comprise more than 70 percent, nor less than 30 percent of the total land area and/or total square footage of the PUD; provided, further, that the PUD is designed to maximize the compatibility of all adjacent land uses, both within and outside the PUD.

(g)

Site plan, written statement and architectural drawings. The application must be accompanied by a site plan, a written statement and architectural drawings.

(1)

Site plan. A complete site plan of the proposed PUD prepared at a scale of not less than one inch equals 100 feet shall be submitted in sufficient detail to evaluate the land planning, building design, and other features of the PUD. The site plan must contain, insofar as applicable, the following minimum information:

The existing topographic character of the land;

Existing and proposed land uses;

The location of all existing and proposed buildings, structures and improvements;

A phasing plan for the PUD, including all public improvements, such as improvements to or new streets, water system infrastructure, sewer system infrastructure, parks and recreational facilities;

The maximum height of all buildings;

The density and type of dwelling;

The internal traffic and circulation systems, off-street parking areas, and major points of access to the public right-of-way;

Areas which are to be conveyed, dedicated or reserved as common park areas, including public parks and recreational areas and public roadway right-of-way;

Proposed interior buffer areas between uses, as well as landscape buffers, including the width and landscaping specifications for all buffer areas abutting adjacent properties;

Acreage of the PUD;

Utility service plan showing existing utilities in place and all existing and proposed utility easements;

Landscape plan, including the location, size, and type of all landscape buffer areas; and

Surrounding land uses, zoning and ownership.

(2)

Written statement. The written statement to be submitted with the application must contain the following information:

A statement of the present ownership (attorney's title opinion or title commitment) and a legal description of all the land included in the PUD, including any abutting or adjacent land owned by the applicant or others.

An explanation of the objectives to be achieved by the PUD, including the functional interaction of all proposed and adjacent existing land uses, and how potential land use incompatibilities will be successfully mitigated.

The designation of all common areas and assurances of how the common areas will be adequately maintained.

(3)

Architectural renderings. Architectural renderings of proposed buildings shall be submitted in sufficient detail to allow evaluation of building form, massing, and primary residential architectural features. The renderings shall be of the front and one side elevation of the proposed buildings.

(h)

Architectural review. All applications will require submittal to, and approval of, the Mandan Architectural Review Committee.

(Code 1994, §§ 21-13-01—21-13-03; Ord. No. 1146, 5-7-2013)

Sec. 105-4-4. - Floodplain management.

(a)

Statutory authorization, findings of fact, purpose, and objectives.

(1)

Statutory authorization. The Legislature of the State of North Dakota has in North Dakota Century Code, Chapters 40-05, 11-11, and 58-06, delegated responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of City Commissioners of the City of Mandan does ordain as follows in this section.

(2)

Findings of fact.

The flood hazard areas of the City of Mandan are subject to periodic inundation which can endanger life, result in loss of property, create health and safety hazards, disrupt commerce and governmental services, cause extraordinary public expenditures for flood protection and relief, and impair the tax base, all of which adversely affect the public health, safety, and general welfare.

Flood losses caused by the cumulative effect of obstructions in the special flood hazard areas cause increases in flood heights and velocities. Inadequately floodproofed, elevated or otherwise unprotected structures also contribute to the flood loss.

(3)

Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

To protect human life and health;

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in special flood hazard areas;

To help maintain a stable tax base by providing for the second use and development of special flood hazard areas so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in a special flood hazard area;

To ensure that those who occupy the special flood hazard areas assume responsibility for their actions.

(4)

Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(b)

Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this section or a request for a variance.

Base flood or 100-year flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the height of the base flood or 100-year flood usually in feet, measured in the same datum (either NAVD88 or NGVD29) as the FIRM.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Best available information (BAI) means water elevation information from any source used to estimate or determine a base flood elevation (i.e. high water mark).

Community means any political subdivision that has the authority to zone, or any Indian tribe or authorized tribal organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

Conveyance or hydraulic conveyance means a geometric characteristic of a river or watercourse at a given point that determines the flow-carrying capacity at that point.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the special flood hazard area.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood insurance rate map (FIRM) means the official map issued by the Federal Emergency Management Agency where special flood hazard areas are designated as Zone A, AE, AO, AH, A1—A30 or A-99.

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood insurance rate map, and the water surface elevation of the base flood.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or from the unusual and rapid accumulation or runoff of surface waters from any source.

Floodproofing (dry) means protection provided a structure, together with attendant utilities and sanitary facilities, which is watertight two feet above the base flood elevation with walls that are substantially impermeable to the passage of water.

Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

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

Lowest floor means the lowest floor of a structure including the basement.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle" but does include "mobile home."

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

New construction means structures for which the "start of construction" commenced on or after the effective date of this section.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Person means any person, firm, partnership, association, corporation, limited liability company, agency, or any other private or governmental organization, which includes any agency of the United States, a state agency, or any political subdivision of the state.

Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area, and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck;

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use; including, but not limited to;

(5)

Travel trailers, trailers on wheels, park-model trailers, and other similar vehicles.

Special flood hazard area (SFHA) means an area of land that would be inundated by a flood having a one percent chance of being equaled or exceeded in any given year.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building, including manufactured homes and gas or liquid above-ground storage tanks.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the building to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

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

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(1)

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

(2)

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

Watercourse means only the channel and banks of an identifiable watercourse, and not the adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the flood carrying capacity of the channel, except in the case of alluvial fans, where a channel is not typically defined. The definition of watercourse in N.D.C.C. § 61-01-06 is not applicable in this section.

Variance means a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.

Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by the community's floodplain management ordinance is presumed to be in violation until such time as that documentation is provided.

(c)

General provisions.

(1)

Lands to which this section applies. This section shall apply to all special flood hazard areas within the jurisdiction of the City of Mandan.

(2)

Basis for establishing the special flood hazard areas. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Mandan, dated April 19, 2005," with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file at 205 2nd Avenue Northwest, Mandan, North Dakota.

(3)

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations.

(4)

Greater restrictions. This section is not intended to repeal, remedy, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(5)

Interpretation. In the interpretation and application of this section, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

(6)

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages: This section shall not create liability on the part of the City of Mandan, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(7)

Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force.

(d)

Administration.

(1)

Establishment of development permit. A development permit shall be obtained before construction or development begins within any special flood hazard area established in section 105-4-4(c)(2). Application for a development permit shall be made on forms furnished by the City of Mandan Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM, of the lowest floor of all structures;

Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in section 105-4-4(e)(2)b.; and,

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2)

Designation of the floodplain administrator. The floodplain administrator for the City of Mandan is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

(3)

Duties and responsibilities of the floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to:

Permit review.

Review all development permits to determine that the permit requirements of this section have been satisfied.

Approve or deny all applications for development permits required by adoption of this section.

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

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of section 105-4-4(e)(4) are met.

Use of other base flood data. When base flood elevation data has not been provided in accordance with section 105-4-4(c)(2), basis for establishing the special flood hazard areas, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available (known as best available information) from any other federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in the floodplain are administered in accordance with section 105-4-4(e)(2), specific standards.

Information to be obtained and maintained.

Obtain and record the actual elevation (in the same datum (either NAVD88 or NGVD29) as the FIRM), of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

For all new or substantially improved floodproofed structures:

Obtain and record the actual elevation (in the same datum (either NAVD88 or NGVD29) as the FIRM), to which the structure has been floodproofed;

ii.

Maintain the floodproofing certifications required in section 105-4-4(d)(1)c.

Maintain for public inspection all records pertaining to the provisions of this section.

Alteration of watercourses. The responsible person shall:

Notify nearby communities, water resource districts, and the North Dakota Department of Water Resources, as necessary, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; and,

Notify the appropriate water resource district prior to removal or placement of fill within 200 feet of the bank of a body of water during normal flow or stage.

Interpretation of flood insurance rate map (FIRM) boundaries. Make interpretation where needed as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 105-4-4(d)(4).

Encroachment analysis. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1—-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1—A30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for and receives a Conditional Letter of Map Revision (CLOMR) through FEMA.

(4)

Variance procedure.

Appeal board.

The board of appeals as established by the City of Mandan shall hear and decide appeals and requests for variances from the requirements of this section.

The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this section.

Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decision to the district court, as provided in N.D.C.C. §§ 40-47-11, 11-33-12, or 58-03-14.

In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section; and:

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

ii.

The danger to life and property due to flooding or erosion damage;

iii.

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

iv.

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

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

vi.

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

vii.

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

viii.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

ix.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

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

xi.

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

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre to less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items i—xi in section 105-4-4(d)(4)a.4. have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

Upon consideration of the factors of section 105-4-4(d)(4)a.4. and the purposes of this section, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The floodplain administrator shall maintain the records of all appeal actions and to report any variances to the Federal Emergency Management Agency upon request.

Conditions for variances.

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

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

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

Variances shall only be issued upon:

A showing of good and sufficient cause;

ii.

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

iii.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, cause fraud on or victimization of the public as identified in section 105-4-4(d)(4)a.4., or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation,

(e)

Provisions for flood hazard reduction.

(1)

General standards. In all special flood hazard areas, the following standards are required:

Anchoring.

All new construction and substantial improvements, including additions, shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new and substantial improvements shall be constructed using methods and practices that minimize flood damage.

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

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

(2)

Specific standards. In all special flood hazard areas where base flood elevation data have been provided as set forth in section 105-4-4(c)(2) basis for establishing the special flood hazard areas, or section 105-4-4(d)(3)b., use of other base flood data, the following provisions are required:

Residential construction.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above the base flood elevation.

Nonresidential construction. Construction and substantial improvement of any nonresidential structure shall either have the lowest floor, including basement, elevated to at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities shall:

Be floodproofed to at least two feet above the base flood elevation, so that below this elevation the structure is watertight with walls substantially impermeable to the passage of water.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 105-4-4(d)(3)c.2.

Manufactured homes.

Require all manufactured homes placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Require all manufactured homes placed or substantially improved within Zones A1—A30, AH, or AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision which has incurred substantial damage, be elevated on a permanent foundation so the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

Require that manufacture homes placed or substantially improved on sites in an existing manufacture home park or subdivision within Zones A1—A30, AH, or AE not subject to other requirements of this section be elevated so that either:

The lowest floor of the manufacture home is one foot above the base flood elevation, or

ii.

The manufacture home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36" in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

Recreational vehicles. In A1—A30, AH, and AE Zones, all recreational vehicles to be placed on a site must:

Be elevated and anchored to meet the requirements in section 105-4-4(e)(2)c.; OR

ii.

Be on the site for less than 180 consecutive days; AND

iii.

Be fully licensed and highway ready.

(3)

Reserved.

(4)

Floodways. Located within the special flood hazard areas established in section 105-4-4(c)(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. Any increase, as is used in this section, means any modeled impact greater than 0.00 feet.

If section 105-4-4(e)(4)a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction requirements of this section.

Under the provisions of 44 CFR Section 65.12 of the NFIP Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs, provided that the community first applies for and receives a Conditional Letter of Map Revision (CLOMR) through FEMA.

(5)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

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

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

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

(f)

Violations; penalties for violations.

(1)

Violation of the provisions of this section or failure to comply with any of its requirements, including violations on conditions and safeguards established in connection with grants or variances or conditional uses, shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be punished by a fine not exceeding $500.00 or by imprisonment not to exceed 30 days or by both such fine and imprisonment for each such offense, and in addition shall pay costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(2)

Nothing herein contained shall prevent the Mandan City Commission from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1994, § 21-04-15; Ord. No. 558, 1977; Ord. No. 728, § 1, 1987; Ord. No. 989, § 1, 5-5-2005; Ord. No. 1207, § 1(App. A), 8-4-2015; Ord. No. 1225, 1-19-2016; Ord. No. 1484, 3-17-2026)

Sec. 105-4-5. - Large-scale developments.

It is the intent of this section to permit, in a large-scale development, a more flexible placing of buildings on the land, the grouping of open space, and accessory facilities as garages or parking spaces, and flexibility in architectural design, including multifamily dwellings of the row house or garden-apartment type of construction. The owner of such proposed large-scale development may apply for a special permit to vary from the requirements of this chapter in accordance with the following provisions:

(1)

Size, location and ownership of area.

The area proposed shall be in one ownership, or, if in several ownerships, the application for the special permit shall be filed jointly by all of the owners of the properties included in the plan.

The plan shall cover an area of not less than 20 acres.

Not less than 90 percent of the area shall be in one or more residential or agricultural districts. Not more than ten percent of the area may be in a commercial district. No part of the area shall be in an industrial district.

(2)

Data to accompany application. Each application for a special permit for a large-scale development shall be submitted with a preliminary overall development plan which shall include:

Topography, including contours at no greater vertical interval than two feet.

Proposed street system.

Proposed lot layout.

Proposed reservation for parks, playgrounds, school sites, and other open spaces.

Proposed location of commercial development and off-street parking space therefor.

Types of dwellings and site locations therefor.

Proposed locations of garages and parking spaces.

Preliminary plans and elevations of dwellings and commercial buildings.

Tables showing total number of acres in the proposed development and the percentage designated for each of the proposed dwelling types, commercial structures and other nonresidential uses, including off-street parking, streets, parks, playgrounds and schools.

Tabulations of the overall density for residential uses and other data that the planning and zoning commission or board of adjustment may require.

(3)

Specific requirements. Any large-scale development for which a special permit is granted shall meet the following requirements:

The overall density of residential development shall not exceed the average density that would have been permitted if the area had been developed conventionally under the regulations covering the districts in which the property was located. For the purposes of calculating this density, and for no other purposes, the density permitted in any agricultural zone shall be considered to be 5.0 families per acre.

No less than ten percent of the gross area of the project shall be devoted to parks or playgrounds and such parks or playgrounds shall be dedicated to the public use; provided, further, that except with the written approval of the park district of the city no dedicated park or playground shall contain less than 2.0 acres.

All buildings, when completed, shall be served by public sewers and public water supply.

No single buildings shall contain more than eight dwelling units.

No building shall exceed 2.5 stories or 35 feet in height.

The minimum distance between two buildings which face each other shall be 2.5 times the average height of the two buildings.

The front of no residential building shall face the rear of another building.

Where the front of one building faces the side of another building, the minimum distance between the two buildings shall be 1.5 times the average height of the two buildings.

No two residential buildings shall, at any point, be less than 20 feet apart.

Whenever the project is adjacent to, or on the opposite side of, a street from a residential or agricultural district, then, for such portion of the development adjacent to, or across the street from, such residential or agricultural district, all yard and setback regulations pertaining to the adjacent or opposite district shall be applied to that portion of the large-scale development.

The plan shall be approved by the planning and zoning commission prior to the review of the application by the board of adjustment. The commission shall review the plan to determine its compliance with any portion of the master plan that shall have been adopted or any portion of any other plans adopted or under study by the commission, including, but not limited to, plans for parks, playgrounds, public utilities, streets and schools.

(4)

Board of adjustment review. Upon receipt of the application for a special permit for a large-scale development, together with the plan meeting the requirements of this section, the application shall be reviewed by the board of adjustment. The board of adjustment shall handle such application for a variance in the manner provided in this chapter for handling variances.

(Code 1957, § 14-0221; Code 1994, § 21-04-16)

Sec. 105-4-6. - Gateway Overlay District and Memorial Highway Overlay District.

(a)

General description.

(1)

The Gateway Overlay District provides a higher standard of appearance for corridors that serve as the main entrances to the community. The Gateway Overlay District includes properties partially or fully within 200 feet of the rights-of-way of the following corridors: I-94 and its ramps within Mandan's city limits and extraterritorial jurisdiction. Main Street west from 10th Avenue West to the western edge of the extraterritorial jurisdiction and from Mandan Avenue east to I-94; Highway 6 south from Main Street to the edge of the extraterritorial jurisdiction; Highway 1806 south from Main Street to the edge of the extraterritorial jurisdiction and north from Old Red Trail to the edge of the extraterritorial jurisdiction and Sunset Ave NW north from Old Red Trail to Highway 1806 or County 38th Street North and within the extraterritorial jurisdiction to the City of Mandan, Morton County, North Dakota.

(2)

The Memorial Highway Overlay District provides a higher standard of appearance for heavily traveled and highly visible areas of the community. The Memorial Highway Overlay District includes properties partially or fully within 200 feet of the rights-of-way of the following corridors: Memorial Highway, McKenzie Drive, 40th Avenue SE from Memorial Highway to McKenzie Drive, and 46th Avenue SE from Memorial Highway to McKenzie Drive to the City of Mandan, Morton County, North Dakota.

(b)

Applicability. New buildings, additions and renovations to existing buildings within the Gateway Overlay District shall meet the requirements established in this section. The city reserves the right to reject projects that do not meet the intent of this section.

(c)

Accessory uses. Accessory uses are limited to those in the underlying zoning districts. Accessory uses shall meet the yard requirements set forth in subsection (e) of this section.

(d)

Special uses. Special uses included in the underlying districts are allowed as long as they meet the provisions outlined in section 105-1-5.

(e)

Lot requirements and setbacks. The following minimum requirements shall apply in the Gateway Overlay District. Where additional requirements, exceptions and modifications are set forth in this chapter for the underlying districts, the more restrictive shall apply.

(1)

Lot area. Requirements specified in the underlying district shall apply.

(2)

Lot width. Requirements specified in the underlying district shall apply.

(3)

Building setbacks for yards directly abutting Interstate 94. For properties separated from the interstate by frontage roads, setbacks established in the underlying zones shall apply. Building setback for yards directly abutting Interstate 94 and its ramps are as follows:

Commercial/industrial uses. Commercial/industrial uses shall be 45 feet.

Residential uses. Residential uses shall be 45 feet. Four buffer points shall be provided within the setback between residences and the interstate. Buffer points must be satisfied as indicated in subsection (l) of this section.

Exception. Buildings initially constructed prior to January 1, 2006, are exempt. If necessary, residential properties will be allowed to rebuild within their existing setbacks.

(4)

Impervious surface setbacks. For multifamily residential, commercial and industrial properties abutting either a gateway or a frontage road abutting a gateway, hard surfaces visible from the gateway used for parking, loading, storage and display shall be set back a distance sufficient to provide green space of a minimum of ten feet wide between the edge of the roadway/sidewalk and the hard surface. The green space may be located in the public right-of-way when space is available. Any planting in the public right-of-way must meet all related city regulations. Only five feet or less of private land will be required for setback, with remaining setback accommodated in the right-of-way or optionally on private land. Total impervious surface setbacks may be reduced to five feet, where a berm (3:1 slope), a wall (brick, stone or concrete), or a decorative railing of at least 2.5 feet in height and approved by the Mandan Architectural Review Commission is provided. Setbacks shall be landscaped with trees and shrubs, where possible, that may be included as part of the plant units required as follows: The minimum plant units for each 1,000 square feet of lot area or fraction thereof shall be four in commercial and multifamily residential districts, and 2.5 in industrial districts. Where hardship is proven, the MARC retains the option to relocate the green space requirement to another part of the lot or to dismiss the requirement in extreme situations.

(5)

Impervious surface coverage. Requirements of the underlying districts shall apply.

(f)

Site requirements. Multifamily, commercial and industrial properties abutting gateways or their frontage roads shall meet the following site standards:

(1)

Landscaping and buffer yards. Plantings used to fulfill the requirements of the Mandan Architectural Review Commission and city guidelines shall be grouped for visual impact from the gateways, located to accentuate the building and maximize environmental benefits.

(2)

Lighting. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes, such as combustion or welding, shall not be directed into any adjoining property. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights, which casts light on residential property, shall not exceed four foot-candles (meter reading) as measured from said property. This subsection shall not apply to sports stadiums and athletic fields or to public recreational facilities.

(3)

Storage and display. Storage and display shall be consistent with subsection (k) of this section. In addition:

No required setback abutting a gateway shall be used for outdoor storage. Outdoor storage of materials and large equipment shall be screened from gateways by two buffer points, including at least one point of fencing and/or plantings.

Distinctive examples of large-scale construction equipment, RVs, trucks, cars and agricultural equipment may be displayed within a landscaped yard abutting a gateway, if approved by the Mandan Architectural Review Commission. Rows of product whose individual differences cannot be distinguished from public right-of-way shall not be located in yards abutting Interstate 94.

All refuse and refuse handling equipment, including, but not limited to, garbage cans, dumpsters and recycling containers, must be stored within the principal structure, within an accessory building or in a screened enclosure, except for the following:

Single-family dwellings.

Two-family dwellings.

Screened enclosures must meet the following:

Screened enclosures must be located in a rear or side yard and must meet all applicable setback requirements and easements.

The screened enclosure must be in an accessible location for sanitation vehicles.

Screened enclosures must consist of a fence or wall at least six feet in height and a minimum opaqueness of 80 percent.

(4)

Signs. Signs shall be consistent with city policy and subject to the approval of the Mandan Architectural Review Commission, with these additional standards:

Freestanding signs in the yard adjoining the highway shall be clustered in an area landscaped with ornamental trees, shrubs and/or flowers.

(g)

Building design and construction. Multifamily residential, commercial and industrial buildings in the Gateway Overlay District shall meet the following standards, unless specifically exempted:

(1)

Buildings shall be attractive and constructed of materials that will maintain their appearance over the long term.

(2)

All exterior walls exposed to public view shall be of consistent quality and characteristics.

(3)

Main entrances shall be emphasized by distance recessed or projected, by accent materials, change of grade or by pedestrian-scale lighting and other pedestrian amenities.

(4)

Exterior building walls greater than 60 feet in length shall be divided visually into sections or bays to break up the mass.

(5)

Architectural elements, approved by the Mandan Architectural Review Commission, shall be combined with landscaping to add interest to buildings, and especially to break up long expanses. Standards for architectural elements include:

Exteriors of industrial buildings shall be comprised of at least 30 percent quality materials other than steel and fiberglass. Commercial and residential building exteriors shall be comprised of at least 50 percent quality materials other than steel and fiberglass.

Exterior building walls shall incorporate no fewer than three architectural elements comparable to those listed in this subsection. Architectural elements contributing to this requirement shall have sufficient visual impact to be noticeable from the gateway and may include, but are not limited to:

Accent materials.

Public art, subject to approval of Mandan Architectural Review Commission.

Architectural details, such as tile work and moldings integrated into the building facade.

Windows.

Recesses/projections.

Roof overhang.

Varied rooflines.

Articulated cornice line.

Canopies/awnings/porticos.

(6)

Rooftop mechanical equipment shall be screened in a manner that is incorporated in the architectural form of the building.

(h)

Overhead doors and loading docks for multifamily residential, commercial and industrial uses. Overhead doors and loading docks for multifamily residential, commercial and industrial uses shall:

(1)

Not face gateways, other arterial or collector streets, unless architectural in nature and approved by the Mandan Architectural Review Commission;

(2)

Not be located in required front yards; and

(3)

Meet the requirements of section 105-1-6.

(i)

Maximum building height; principal building. Requirements specified in the underlying district shall apply.

(1)

Principal building. Requirements specified in the underlying district shall apply.

(2)

Accessory buildings. Requirements specified in the underlying district shall apply.

(j)

View from gateways and memorial highway areas. Development plans for property adjacent to the overlay districts or their frontage roads shall include both building elevation and vista drawings. Context and compatibility with neighboring buildings shall be considered in the plan review.

(k)

Screening and buffering standards; fencing and screening; business/industrial, multifamily. Where any business, industrial use, or multifamily building of four or more units (i.e., structure, parking or storage) abuts property zoned for residential use, that business, industry or multifamily building shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, industry or multifamily building of four or more units is across the street from a residential zone, but not on that side of a business, industry or multifamily building considered to be the front yard; provided, however, that the provisions of this section will not apply where a multifamily building abuts property also zoned for multifamily use. All fencing and screening specifically required by this chapter shall be subject to city regulations and shall consist of either a fence with plantings or a greenbelt planting strip as provided for in this subsection:

(1)

A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six feet. Earth mounding or berms may be used, but shall not be used to achieve more than three feet of the required screen. The planting plan and type of plantings shall require the approval of the Mandan Architectural Review Commission.

(2)

A required screening fence shall be constructed of masonry, brick, wood, decorative metal or other materials upon approval. Such fence shall provide a solid screening effect six feet in height for multifamily uses and at least six feet in height for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the Mandan Architectural Review Commission. Fences in excess of eight feet in height shall require a conditional use permit. If a screening fence is utilized to satisfy the requirements of this section, a minimum of one plant unit per five linear feet of fencing is also required. Plant unit equivalencies shall be measured as follows:

Type of Plant Material	Minimum Size at Time of Planting	Equivalent Plant Units
Large, mature deciduous tree	1.5-inch to 3-inch caliper	10
Large, mature evergreen tree	4 feet to 8 feet in height	10
Small, mature deciduous tree	1.5-inch to 3-inch caliper	5
Small, mature evergreen tree	3 feet to 6 feet in height	5
Mature shrub	2 gallon	2.5
Perennials	1 gallon	1

(l)

Buffer yards. Buffer yards shall be provided consistent with the following standards:

(1)

Land uses, existing or zoned, shall be assigned the following values:

1	Single-family/two-family
2	SF attached (more than 2 units)
3	Multifamily (3-15 units)
4	Multifamily (more than 15 units)
5	Church/school
6	Neighborhood commercial
7	Other uses

(2)

In determining the required buffer yard, the following formula shall be used:

Value of proposed use (as specified in this section) less the value of adjacent use (as specified in this section) = Required buffer points (see subsection (l)(4) of this section).

(3)

Should the formula produce a negative value, said value shall be converted into a positive value in instances where such use is located adjacent to an existing use which has not met the applicable buffering standards.

(4)

Buffer points must be satisfied through a combination of the following:

One point for each 25 feet of separation between buildings.

One point for a single row of conifers, six feet in height, 15 feet on center (e.g., two points for double row, three points for a triple row, etc.).

One point for a solid fence or wall at least six feet in height, provided that landscaping is installed between said fence or wall and the adjacent property lines.

One point for a berm at least three feet in height (e.g., two points for a 12-foot berm).

One-half point for overstory trees, 30 feet on center.

One-half point for a hedge or shrub at least four feet in height and 75 percent opaque.

(Code 1994, § 21-04-18; Ord. No. 1012, 10-17-2006; Ord. No. 1027, 6-19-2007; Ord. No. 1144, §§ 1, 13, 4-26-2013)

Sec. 105-4-7. - Levee Buffer and Overlay District.

(a)

General description.

(1)

The Levee Buffer and Overlay District provides additional criteria for development activities and improvements in areas adjacent to or within the vicinity of the Lower Heart River Levee System.

(b)

Applicability.

(1)

New buildings, development review activities, property improvements and utility dig requests shall meet the requirements established in this section.

(c)

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.

Centerline means the central point of the levee structure.

Clear zone means the area used for levee operations, maintenance and flood fighting activities. This area is fifteen feet from the landward levee toe.

Landward side means areas on the land side of the levee infrastructure.

Levee means the embankment built to prevent the overflow of the Heart River during high water events.

Levee toe means the edge of a levee where the base meets the natural ground elevation.

Lower Heart River Water Resource District means the local sponsor of the Lower Heart River Levee System, including the Sunny, Mandan and Lower Units of the levee system. Also referred to as LHRWRD.

Riverward side means areas on the river side of the levee infrastructure.

(d)

Existing uses. The following language shall apply to existing structures or improvements that exist as encroachments within the levee clear zone.

(1)

Encroaching structures that do not have a permanent foundation shall be removed or relocated by the property owner to a location outside the levee right-of-way and/or clear zone.

(2)

Encroaching structures that have a permanent foundation should not be removed or relocated.

No additional improvements may be made to the structures without approval from LHRWRD. This includes all external improvements and internal improvements that would modify the basement or the way the structure is connected to external features.

(e)

Development and property improvements.

(1)

No improvements or structures, including gardens, fences, trees, decks, sheds, landscaping, sidewalks, or yard storage, shall be made within the levee clear zone.

(2)

All applicable building permits, site plan review, and development review activities coordinated by the city shall be provided to LHRWRD for review for interference with operation or safety of the levee.

This restriction applies within 500 feet landward and 300 feet riverward of the levee centerline.

Any work proposed within the levee clear zone or right-of-way (whichever is greater) or proposed private infrastructure that would intersect with the levee in any way requires the applicant to meet with LHRWRD and a memorandum of understanding between the applicant/owner and LHRWRD.

(3)

Utility dig requests within the levee clear zone shall require the contractor to meet with LHRWRD to review potential interference with operation and safety of the levee.

(Ord. No. 1407, § 5, 7-19-2022)

Mandan City Zoning Code

ARTICLE 4

- SPECIAL PURPOSE DISTRICTS

Sec. 105-4-1. - A Agricultural District.

In any A Agricultural District, the following regulations shall apply:

(1)

To encourage the continued use of the land for agricultural uses.

(2)

Uses permitted.

The following uses are permitted:

Single-family dwelling.

Church.

Education group.

Public recreation group.

Fire station.

Railroad line trackage.

General farming group, as defined in section 105-1-4.

Truck farming group, as defined in section 105-1-4.

Utility service group.

10.

Airport.

11.

Golf course.

12.

Oil and gas well.

13.

Radio or television transmitting station.

14.

Sand or gravel extraction.

15.

Sewage treatment plant.

16.

Fireworks stand.

Single-family dwelling.

Church.

Education group.

Public recreation group.

Fire station.

Railroad line trackage.

General farming group, as defined in section 105-1-4.

Truck farming group, as defined in section 105-1-4.

Utility service group.

10.

Animal hospital.

11.

Oil or gas well.

12.

Fireworks stand.

And on a similar lot having an area of less than the 20,000 square feet but not less than 5,000 square feet, the following uses are permitted:

Single-family dwelling.

Church.

Fire station.

Railroad line trackage.

Truck farming group.

Utility service group.

(3)

(4)

(5)

Front yard. Each lot shall have a front yard not less than 25 feet in depth.

(6)

(7)

Rear yard. Each lot shall have a rear yard not less than 20 feet in depth.

(8)

(Code 1957, § 14-0220; Code 1994, § 21-04-14; Ord. No. 722, § 2, 1987; Ord. No. 884, § 1(2), 3-2-1999; Ord. No. 1291, § 3, 3-5-2019)

Sec. 105-4-2. - Downtown districts.

(a)

Districts established. The following downtown zoning districts are hereby established:

(1)

DC Downtown Core District; and

(2)

DF Downtown Fringe District.

(b)

Use table. The table contained herein lists the uses allowed within the downtown zoning districts.

(1)

(2)

Use standards. An "X" in the third column of the use table indicates that the use is subject to use-specific standards.

(3)

(4)

Special uses. An "SUP" indicates that the use is allowed only if reviewed and approved as a Special Use and is subject to all other applicable regulations in this chapter.

(5)

Uses not allowed. An "—" indicates that the use is not allowed in the respective zoning district.

(6)

Uses requiring administrative approval. An "A" indicates that the use requires administrative approval in the respective zoning district.

Use Table

Proposed Use Category	Definition	Use Standard	District
Proposed Use Category	Definition	Use Standard	DC	DF
Residential Uses
Group Dwelling	Residential occupancy of a structure by a group of people who do not meet the definition of household.		P	P
Household dwelling	Residential occupancy of a dwelling unit by a household (related or up to four unrelated).
Single-family, detached				P
Duplex/single-family attached (2)				P
Single-family, attached (3-8)	e.g., condos			P
Multifamily structure			P	P
Residences on 2nd floor & above			P	P
Commercial Uses
Drive-through facilities	Drive-through facilities in conjunction with a permitted principal use.	X	SUP	SUP
Entertainment event, major	Activities and structures that draw large numbers of people to specific events or shows. This category does not include outdoor recreation and entertainment uses, such as golf driving ranges and racetracks.		P	P
Office group	Activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services.		P	P
Parking, accessory	Parking that is an accessory to a specific use, but not located on the same parcel as the use - use standards for accessory parking that is adjacent to a residential use.	X	SUP	SUP
Parking, commercial	Parking that is not an accessory to a specific use - fees may or may not be charged.	X	P	SUP
Retail sales and services Retail group A Service group A Service group B Commercial recreation group Groups are modified by description of this item and other items in this table.	Establishments involved in the sale, lease or rental of any new or used products to the general public - they may also provide personal services or entertainment or provide product repair or services for consumer and business goods — use standards for convenience store/gas stations, mortuaries/funeral homes. This category does not include self-service storage uses, adult entertainment centers, animal hospitals or kennels, or off-premises advertising signs.	X	P	P
Microbrew pub	A facility that manufactures no more barrels of fermented malt beverage than outlined in North Dakota Century Code section 5-01-21 per year for wholesale, sale directly to consumer, or consumption on the premises. A brewer taproom may be co-located within a restaurant or a separate stand-alone facility.	X	SUP	SUP
Brewer taproom	A facility that manufactures no more barrels of fermented malt beverage than outlined in North Dakota Century Code section 5-01-21 per year for wholesale, sale directly to consumer, or consumption on the premises. A brewer taproom may be co-located within a restaurant or a separate stand-alone facility.	X	—	SUP
Domestic distilleries	A facility that manufactures no more gallons of spirits than outlined in North Dakota Century Code section 5-01-19 per year produced on-site and available for wholesale, for sale directly to consumers on-site or for consumption on the premises, or for sale to other domestic distilleries on-site. A domestic distillery may be co-located within a restaurant or a separate stand-alone facility.	X	SUP	SUP
Winery	A facility that manufactures no more cases of wine than outlined in North Dakota Century Code section 5-01-17 per year produced on-site and available for wholesale, for sale directly to consumers on-site, or for consumption on the premises. A winery may be co-located within a restaurant or a separate stand-alone facility.	X	SUP	SUP
Retail group B	Auto, truck, motor cycle, off-road, and boat sales; Feed, grain, and farm supply sales.	X	—	SUP
Auto repair garage	Service to passenger vehicles, light trucks and other consumer motor vehicles generally, the customer does not wait at the site while the service or repair is being performed.	X	SUP	P
Auto service, limited	Direct services to motor vehicles where the driver generally waits in the car or nearby while the service is performed.	X	SUP	P
Institutional Uses
Child Care Center	Care, protection and supervision for children and adults on a regular basis away from their primary residence for less than 24 hours/day.	X	SUP	SUP
Colleges	Colleges and institutions of higher learning.		P	P
Community services	Public, non-profit or charitable uses, generally providing a local service to the community.	X	P	P
Health care facilities	Medical or surgical care to patients, with overnight care.		P	P
Parks and open areas	Natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, etc.		P	P
Religious institutions	Meeting area for religious activities	X	P	P
Safety services	Public safety and emergency response services.		P	P
Schools	Schools at the primary, elementary, middle, junior high or high school level.	X	—	P
Other Uses
Detention facilities	Government-operated facilities for the detention or incarceration of people.	X	—	—
Moving of buildings/structures	Moving in of a building or structure that has been previously occupied in another location.	X	—	SUP
Passenger terminals	Passenger terminals for regional bus and rail service.	X	P	P
Public/community events	Planned gathering on public property consisting of 50 or more people or any sized event which blocks, or otherwise reserves, access to public property/right-of-way ¹ .	X	A	A
Wireless communication facilities	Devices and supporting elements necessary to provide telecommunication services.		SUP	SUP
Utilities and essential services	Infrastructure services that need to be located in or near the area where the service is provided.		P	P