This chapter shall be known as the "Zoning Ordinance and Subdivision Regulations, City of Ray, North Dakota."

(Ord. 2018-01, § 1, 4-9-2018)

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

Access means the way by which pedestrians and vehicles shall have safe and adequate ingress and egress to the property.

Accessory building means a subordinate building, the use of which customarily is incidental to the main building or the main use of the premises such as garages and tool sheds. A second dwelling on a lot zoned for a single-family residence is not considered a permitted accessory building. Structures defined as accessory buildings are limited to 12-foot zero-inch sidewalls as measured from the ground immediately adjacent to the exterior base of the wall vertically to the eave or, in the case of a gabled roof, from the exterior base of the wall to mid-span between the eaves and the peak.

Administrator means the administrative official, designated by the city commission, to administer and enforce the provisions of this article.

Advertising sign. See "Sign."

Aggregation of lots means the combination of two or more platted lots into fewer lots that does not involve the vacation of existing easements and does not involve lots with more than one zoning classification.

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

Amendment means any change, revision or modification of the text of the ordinance or to the official planning and zoning map.

Animal hospital or veterinary clinic means a place where animals are treated and accommodated by a veterinarian.

Apartment means a room or suite of rooms suitable for occupancy as a residence for one family.

Average daily traffic (ADT) means the average number of vehicles crossing a specific point on a roadway during a 24-hour period on the average working day. The projected or estimated ADT for a development shall be based on the most representative land use described in the manual entitled "Trip Generation" (latest edition) published by the Institute of Transportation Engineers, or a similar source.

Bed and breakfast establishment means a house in which the resident owner offers overnight accommodations and meal service to guests for compensation.

Block means a parcel of land abutting one street and surrounded by public streets, railroad rights-of-way, parks or the boundary line of the city.

Board of adjustment means a body empowered to hear zoning variances and appeals on the enforcement and interpretation of the provisions of this article. The city commission maintains the powers of a board of adjustment under this article.

Building means any structure intended for shelter and use of persons, animals or property.

Building height means the vertical distance from mean natural grade to the highest point on a building. The term "building height" excludes chimneys, vents and antennae.

Child care facility means less than 24-hour, out-of-home care for children.

Conditional use means any use to which the city commission may set specific conditions, all of which must be met prior to the approval of said use in the district.

Developer means the landowner or person or firm who proposes to develop land. The developer may appoint a representative for all proceedings by this article.

Development means the performance of any building, extraction, clearing, grading or excavating operation; the making of any material change in the use of a building, structure or land; and the division of land into two or more parcels.

Dwelling means any building or portion thereof intended for residential purposes on a permanent basis.

Dwelling, multiple-family, means a building having accommodations for and occupied exclusively by more than two families or households on a permanent basis, which may include apartments, townhouses or condominium buildings.

Dwelling, single-family, means a detached building designed for occupancy by one family or household. Also includes manufactured homes that:

(1)

Comply with the National Manufactured Home Construction and Safety Standards Act or the International Building Code at the time of production;

(2)

Are at least 600 square feet in size;

(3)

Are attached to a permanent foundation;

(4)

Are connected to public water and sewer where available;

(5)

Have a pitched roof, eaves and siding materials that are customarily used on site-built homes in the city; and

(6)

Have a minimum of 24 feet at the narrowest point of the first story.

(7)

Recreational vehicles, mobile homes and travel trailers are not single-family dwellings for the purposes of this chapter.

Dwelling unit means a space providing private living quarters for one household. A dwelling unit may include individual cooking and sanitation facilities. An apartment, single-family residence and travel trailer are examples of dwelling units.

Easement means a grant by the property owner to the public, a corporation, or persons, of the use of land for specific purposes.

Final plat means a plan or map prepared in accordance with the provisions of the subdivision regulations portion of this article which is prepared to be recorded in the register of deeds office.

Group home means an assisted living facility or nursing home; a residence for developmentally, mentally or disabled persons; a youth foster home, transitional living facility or the like; a halfway house, and a licensed adult foster care facility.

Height. See "Building height."

Home occupation means any occupation or profession carried out by members of a family residing on the premises, which is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof.

Improvements means street grading and surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, survey monuments and other facilities.

Large scale development means a large scale development is a project that will contain 50 or more residential lots or units, or is projected to generate 500 or more ADT.

Loading space means an off-street space on the same lot as the use for the temporary parking of a commercial vehicle, while loading or unloading merchandise or material, which has appropriate means of access.

Lot means a tract of land of at least sufficient size to meet minimum zoning requirements for use, area, and to provide such yards and other open spaces as are herein required.

Lot, corner, means a lot abutting upon two streets at their intersection.

Lot area means the total area within the boundary lines of the lot or parcel of land not including the public right-of-way.

Lot line adjustment means a change of an existing platted boundary line between fewer than five adjoining lots that meets the following criteria:

(1)

Does not involve lots within more than one zoning classification;

(2)

Is not one lot line adjustment in a series of lot line adjustments proposed as a way to circumvent the subdivision process; and

(3)

Where both of the resulting parcels conform to the minimum lot area and width for zoning purposes.

Lot line adjustments that do not meet those criteria are reviewed as subdivisions.

Lot of record means a lot, the description of which is recorded in the office of the register of deeds at the time of adoption of this article.

Material (as in a material change to an application or plat) means significantly, substantially altering the proposal or having an impact on any of the review criteria, bringing the proposal out of compliance, or impacting the public's ability to have meaningful participation and comment.

Minor change of occupancy means a change in the use of a lot or primary structure on a lot. A minor change is one that has identical or lesser parking requirements, similar traffic generation potential, creates no additional signage (measured by square footage), and has, as determined by the zoning administrator, similar or lesser impacts on neighboring land uses.

Mobile home means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or in a trailer arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary supports, connections to utilities and the like.

Mobile home park means a tract of land designed and developed to accommodate mobile homes on lots on a lease or rental basis.

Nonconforming use means a building, structure or use of land existing at the time of enactment of this article which does not conform to the provisions of this article.

Official planning and zoning district map means the map showing the zoning districts of the city officially adopted by the city commission.

Ordinance permit means any permit issued under this article including a permit customarily called a zoning conformance permit, preliminary or final plat approval, rezoning, certification, amendment, variance, demolition or other action having the effect of permitting development.

Parking space means an area surfaced for the purpose of, and sufficient area within, for storing one parked automobile and which accesses onto a street or alley. A typical parking space is nine feet by 20 feet.

Plat means a map of subdivision recorded in the office of the register of deeds.

Setback means the shortest distance between the lot line and the building line, at grade, or any above grade extension that projects more than three feet from the outer wall at grade, of any building.

(1)

The front setback is measured from the lot line paralleling the public street on which the building is addressed to the nearest principal or accessory building. However, where a corner lot abuts Highway 2, the yard on Highway 2 shall be the front for the purpose of measuring setbacks, regardless of where the lot is accessed.

(2)

The rear setback is measured from the rear lot line to any building. The rear lot line is generally parallel to the street. Corner lots have two rear yards, but, except as provided in subsection (a) of this section, may treat either as side yards for the purpose of measuring setbacks.

(3)

The side setback is measured from the side lot line to the closest building.

Sign means any outdoor advertising having a permanent location on the ground or attached to or painted on a building, including bulletin boards, billboards and name plates.

Street means a right-of-way, dedicated to public use, providing vehicular and pedestrian traffic.

Structure means anything built, constructed, or erected which requires a permanent location on the ground, but not including fences.

Subdivision means the division of a tract or parcel into two or more lots for the purpose, whether immediate or future, of sale or lease for building development, and any plat or plan which includes the creation of any part of one or more streets, public easements, or other rights-of-way, whether public or private, for access to or from such lots, and the creation of new or enlarged parks, playgrounds, plazas, or open spaces.

Temporary workforce housing facility means (man camp, work camp, crew housing facility) means a facility serving more than two workers designed and intended to be used on a temporary basis for a specified period of time to house a variety of workers. Temporary housing facilities may include the use of skid units, travel trailers, recreational vehicles, campers, mobile homes or a combination of these.

Travel trailer means any portable unit designed to be used as a temporary dwelling for travel or recreational purposes. The term "travel trailer" includes those units that contain toilet and lavatory facilities and those that do not. The term "travel trailer" is synonymous with the term "recreational vehicle."

Un-subdivided land means improved or unimproved land not divided into lots or parcels on any map of record.

Variance means a relaxation of the provisions of this chapter so that it will not be contrary to the public interest and the purpose and intent of this chapter.

(Ord. No. 2018-01, § 1, 4-9-2018; Ord. of 10-8-2018(1); Ord. of 7-11-2022(1))

This chapter is adopted under the authority granted by N.D.C.C. chs. 40-47 and 40-48.

(Ord. 2018-01, § 1, 4-9-2018)

The purpose of this chapter is to promote the public health, safety and general welfare; to lessen congestion in the streets; to provide for emergency management; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewage, schools, parks and other public requirements; to secure the orderly development of the city; to encourage the use of community resources in a socially and economically desirable manner; and to provide a mechanism by which the city can establish and carry out its development policies.

(Ord. 2018-01, § 1, 4-9-2018)

State Law reference— Zoning ordinance purposes, N.D.C.C. § 40-47-03 et seq.

This chapter shall apply to all land, buildings, structures, and uses thereof located within the city and any land outside its boundaries over which the city is authorized to exercise subdivision and zoning powers, and as shown on the official planning and zoning map of the city. When development is exempt from the requirements of this article, this article shall be used as a non-binding guideline.

(Ord. 2018-01, § 1, 4-9-2018)

The provisions of this chapter are the minimum requirements necessary to protect the public health, safety, and general welfare, and to implement the comprehensive plan.

(Ord. 2018-01, § 1, 4-9-2018)

If any section, provision or portion of this chapter is adjudged invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.

(Ord. 2018-01, § 1, 4-9-2018)

The September 27, 2010 Zoning Ordinance and Subdivision Regulations, City of Ray, North Dakota are repealed and replaced with this chapter.

(Ord. 2018-01, § 1, 4-9-2018)

If the provisions of this chapter are inconsistent with those of the state or federal government, or if the provisions of this chapter are inconsistent with one another, the more restrictive shall control.

(Ord. 2018-01, § 1, 4-9-2018)

(a)

A vested right is the right to proceed with development in compliance with the previous zoning and subdivision regulations. Such vested rights are established only by:

(1)

Having obtained a permit in compliance with the previous ordinance. Such vested rights expire with the permit;

(2)

For subdivisions in the preliminary plat review stage, when the administrator issues notice that the subdivision application is complete and sufficient for review; or

(3)

Having recorded a final plat or obtained approval of a preliminary plat in compliance with the previous ordinance.

(b)

Vested rights are established for a development only as it was approved. Any material change must be in compliance with the current chapter.

(Ord. 2018-01, § 1, 4-9-2018)

This chapter is not intended to revoke or repeal any easement, covenant or other private agreement. However, where this chapter is more restrictive or imposes higher standards than such easement, covenant or private agreement, the requirements of this chapter shall govern. In no case shall the city be obligated to enforce the provision of any easement, covenant or agreement between private parties. The city may enforce private restrictions if it is a party to such restrictions, if such restrictions were required by the city during the land permitting and development process, in order to meet the requirements of this chapter.

(Ord. 2018-01, § 1, 4-9-2018)

The language of this chapter must be read literally. This chapter is no more or less strict than stated. Words and terms expressly defined in this article have specific meanings assigned, unless the context expressly indicates another meaning.

(Ord. 2018-01, § 1, 4-9-2018)

In the event that a question arises concerning any provision or the application of any provision of this chapter, the administrator, acting on behalf of the city and in consultation with the city attorney as may be necessary, shall be responsible for such interpretation and shall look to the city comprehensive plan and the overall purpose and intent of this chapter for guidance. The administrator shall provide such interpretations in writing upon request and keep a permanent record of said interpretations. Any person who disputes the administrator's interpretation may appeal to the city commission as provided in section 34-74.

(Ord. 2018-01, § 1, 4-9-2018)

No land shall be divided, subdivided or developed for a use which is held unsuitable by the planning and zoning commission for reasons of soil limitations, designated flood hazard, incompatible land use or any other condition deemed likely to be harmful to the health, safety and welfare of the future residents of the area or harmful to the community unless the conditions and hazards can be eliminated or overcome by approved construction techniques or other mitigation measures. Subdivisions for building purposes shall not be located within the floodway of a flood of 100-year frequency.

(Ord. 2018-01, § 1, 4-9-2018)

Upon submittal of a subdivision pre-application or application, or another land use permit application, the developer or any subordinate shall not engage in construction or demolition of improvements prior to approval of the application. The administrator, planning and zoning commission and city commission are not bound to accept or approve any on-site improvements that exist prior to submittal of a permit application. The city shall not be responsible if improvements have to be eradicated, moved or rebuilt due to a developer making improvements prior to and/or not in conformance with this chapter or any condition of approval.

(Ord. 2018-01, § 1, 4-9-2018)

The responsibility for demonstrating compliance with this chapter is the developer's.

(Ord. 2018-01, § 1, 4-9-2018)

An application is not considered to be officially submitted until it is determined to be complete and sufficient for review. When a time period is specified in this chapter, the first day shall be the day after the event that triggers the time clock to start. For example, if an action is to be taken within 30 days of the date an application is deemed to be officially submitted, the time clock starts on the day after the date the application is deemed sufficient for review.

(Ord. 2018-01, § 1, 4-9-2018)

To protect public health, abate nuisance and odor conditions, and to control water pollution, construction of private sewage disposal systems shall be prohibited except in the agricultural zoning district. All other development shall be connected to the city sanitary sewer system.

(Ord. 2018-01, § 1, 4-9-2018)