This is an ordinance regulating and restricting the location, construction and use of buildings, structures, and the use of land in the City of Valley City and its environs and for the purpose of dividing the City of Valley City into zoning districts.

This ordinance is entitled: Valley City Zoning Ordinance and may be cited as the "Zoning Ordinance" of the City of Valley City, North Dakota.

This Zoning Ordinance is designed to accomplish the following objectives:

1.

To promote the health, safety and general welfare of the inhabitants of the City of Valley City.

2.

To conserve the value of land and buildings.

3.

To strengthen the economic base of the city.

4.

To preserve the natural amenity of Valley City's setting.

5.

To achieve excellence and originality of design in all future development.

6.

To prevent overcrowding of land.

7.

To lessen congestion in the public right-of-way.

8.

To encourage individuals and families to engage in regular physical activity.

9.

To ensure the provision of adequate light, air, privacy and convenience of access to property.

10.

To protect against fire, smoke, explosion, noxious fumes, offensive noise, vibration, dust, odors, heat, glare, panic, and other hazards.

11.

To facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

12.

To encourage the most appropriate use of land and structures for the highest and best use in full consideration for the peculiar suitability for particular uses.

13.

To protect desirable development from the intrusion of incompatible uses.

The Zoning Ordinance is adopted pursuant to authority granted by N.D.C.C. Chs. 40-47, 40-48 and 40-50.

The regulations of this chapter apply to all land within the corporate limits of the City of Valley City, North Dakota, and to land within the extraterritorial jurisdiction of the city, which is hereby established pursuant to N.D.C.C. § 40-47-01.1 or as may otherwise be established by written agreement between the City of Valley City and Barnes County. The extraterritorial area shall automatically extend upon annexation of territory.

(Ord. No. 1109, § 1, 7-19-2022)

1.

In any interpretation and application of this Zoning Ordinance, its provisions are to be construed as the minimum requirements for the promotion of the public health, safety and general welfare.

2.

Where the conditions imposed by any provision of this Zoning Ordinance upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Zoning Ordinance or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) govern.

The provisions of this Zoning Ordinance shall be interpreted as the minimum requirements necessary to advance the Zoning Ordinance's stated purposes and apply uniformly to each class or kind of structure or land, and particularly, except as provided in this title, the following applies:

1.

A building, structure, or land may not be used or occupied, and a building or structure or part thereof may not be erected, constructed, and re-constructed, moved or structurally altered unless in conformity with all of the regulations established by this Zoning Ordinance for the zoning district in which the building, structure or land use is located.

2.

A building or other structure may not be erected or altered: a) to exceed the height, b) to accommodate or house a greater number of families, c) to occupy a greater percentage of lot area, or d) to have narrower or smaller rear yards, front yards, side yards or other open spaces; than authorized by this ordinance.

3.

A yard or lot existing at the time of passage of this Zoning Ordinance may not be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance must meet at least the minimum requirements established by this Zoning Ordinance.

This Zoning Ordinance is in full force and effect from and after its passage by the City of Valley City and publication and posting as required by law.

If a chapter, section, subsection, sentence, clause or phrase of this Zoning Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.

1.

Conflict with State or Federal Regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.

2.

Conflict with other city regulations. If the provisions of this Zoning Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control.

3.

Conflict with private restrictions. It is not the intent of this Zoning Ordinance to interfere with, abrogate, or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Ordinance, the provisions of the private agreement will control. The city does not enforce private agreements or maintain a record of such agreements.