Zoneomics Logo
search icon

Rugby City Zoning Code

CHAPTER 19

06 - DISTRICTS AND BOUNDARIES

Sections:


19.06.010.- District classifications.

In order to effectively carry out the provisions of these regulations, the land within the corporate limits and the land within one-half mile of the corporate limits of the city to the extent permitted by Section 40-47-01.1 shall be divided into the following zoning districts:

A agricultural district

R-l single-family district

R-2 two-family and multi-family district

R-3 mobile home park district

R-4 mobile home district

C-l central business district

C-2 general commercial district

I-1 light industrial district

I-2 heavy industrial district

I-3 industrial park district.

(Ord. 304, Art. 5, § 1, 1990)

19.06.020. - Official zoning map.

(a)

The city and adjoining unincorporated territory is divided into zones at districts, as shown on the official zoning map, which together with all explanatory matter thereon is adopted by reference and declared to be a part of this title.

(b)

The official zoning map shall be identified by the signature of the mayor, attested by the city auditor, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Article 5 of Ordinance Number 304 of the City of Rugby, North Dakota," together with the date of the adoption of the ordinance codified in this title.

(c)

If in accordance with the provisions of this title and Chapter 40-47, North Dakota Century Code, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly by the building official after the amendment has been approved by the city council with an entry on the official zoning map as follows: "On (date), by official action of the City Council the following change (changes) were made in the official zoning map: (brief description of nature of change)," which entry shall be signed by the Mayor and attested by the city auditor. No amendment to this title, which involves matter portrayed on the official zoning map, shall become effective until after such change and entry has been made on said map.

(d)

No changes of any nature shall be made in the official zoning map, or matter shown thereon, except in conformity with the procedures set forth in this title. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided under Chapter 19.44.

(e)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the city auditor shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

(Ord. 304, Art. 5, § 2, 1990)

19.06.030. - Replacement of official zoning map.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city auditor, arid bearing the seal of the city under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance Number 304 of the City of Rugby, North Dakota." Unless the prior Official Zoning Map has been lost, or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. 304, Art. 5, § 3, 1990)

19.06.040. - Annexation rule.

All territory which may hereafter be annexed to the city shall be annexed as the R-1 single family district until or unless otherwise changed by ordinance.

(Ord. 304, Art. 5, § 4, 1990)

19.06.050. - Resolution of boundary conflicts.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map accompanying and made a part of this title, the following rules apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

Boundaries indicated as parallel to, or extensions of, features indicated in subsections A through D of this section shall be so construed;

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the city council shall interpret the distance boundaries;

(7)

Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance codified in this title, the city council may permit, as a special exception, the extension of the regulations for either portion of the lot shall not exceed fifty feet beyond the district line into the remaining portion of the lot;

(8)

Distances not specifically indicated on the official zoning map shall be determined by the use of the scale or dimensions appearing on the map.

(Ord. 304, Art. 5, § 5, 1990)

19.06.060. - Applicability of district regulations.

The regulations set by this title within each district shall apply uniformly to each class or kind of structure or land, and particularly, except as herein provided:

(1)

No land shall be used for any use other than those specified as a permitted use or a conditional use for which a conditional use permit has been obtained for the district in which it is located.

(2)

No structure shall hereafter be erected, reconstructed, structurally altered, enlarged, added to, or moved so as to cause a use other than those uses permitted in the district in which such structure is located.

(3)

No structure shall hereafter be erected, reconstructed, structurally altered, enlarged, or moved so as to exceed the building height limit established for the district in which such structure is located, except as otherwise provided.

(4)

No lot shall be so reduced or diminished nor shall any structure be so enlarged or moved as to reduce or diminish the yards, lot area, or open space required in the district where located. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title.

(5)

Every building hereafter erected shall be located on a lot, as defined herein, and in no case shall there be more than one main building on one lot except as may be otherwise provided.

(6)

No part of a yard, other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with this title shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other building.

(7)

Any uses which are not listed in a district as either a permitted use or a conditional use shall be considered a prohibited use and not allowed in that zoning district.

(Ord. 304, Art. 5, § 6, 1990)