Adult entertainment centers are listed as conditional uses in certain zoning districts. They shall be subject to all of the following standards:

1.

An adult entertainment center shall not be located within 1,250 feet of any establishment that dispenses alcohol on-premises and is licensed in accordance with the Valley City Municipal Code.

2.

An adult entertainment center shall not be located within 1,250 feet of any other adult entertainment center.

3.

An adult entertainment center shall not be located within 1,250 feet of any pre-existing church, school or property zoned residential.

4.

An adult entertainment center must prohibit entrance by persons less than 18 years of age.

5.

An adult entertainment center may not display any signs visible from the exterior of the adult entertainment center, except for signs identifying it as an adult entertainment center, adult bookstore, adult entertainment facility, adult cinema or combination thereof.

6.

No materials depicting specified sexual activities or specified anatomical areas shall be visible from the exterior of an adult entertainment center.

7.

The business premises of an adult entertainment center that are generally open to its patrons are open equally at the same time to members of any law enforcement agency who may wish to enter thereon provided the entry is in the course of the discharge of the law enforcement officer's duties.

All bed and breakfast uses shall be subject to the following standards:

1.

Bed and breakfast uses shall be subject to a conditional use permit in accordance with section 11-05-02.

2.

Structures shall not be altered in a way that changes their general residential appearance.

3.

Parking requirements are set forth in section 11-06-02. If four or more off-street parking spaces are provided, a Type A buffer (Table 7) from adjacent residential uses shall be required.

4.

One sign shall be allowed, with a size limit of two square feet. Internally illuminated signs are not allowed.

5.

Receptions, private parties, or similar activities shall not be permitted unless expressly approved as part of the conditional use permit.

6.

No long-term rental shall be permitted. The maximum length of stay shall be 30 days.

7.

All guest rooms shall be located within the principal structure.

8.

Other than registered guests, no meals shall be served to the general public unless expressly approved as part of the conditional use permit.

9.

No cooking facilities shall be allowed in the guest rooms.

10.

All bed and breakfast establishments must comply with the Valley City Health Department Regulations.

11.

All bed and breakfast establishments shall comply with Fire Code Requirements.

All boarding house uses shall be subject to the following standards:

1.

All boarding houses shall be licensed by the city. As a part of that process, the owner of the boarding house shall appoint an agent who resides within Barnes County for the purpose of receiving notices from the city concerning the use of the boarding house. The owner shall provide the name, address, and telephone number of the agent. The agent shall be available to be contacted 24 hours a day, seven days a week, regarding the boarding house

2.

Structures shall not be altered in a way that changes their general residential appearance.

3.

Parking requirements are set forth in section 11-06-02.

4.

All rented rooms shall be located within the principal structure.

5.

All boarding houses must comply with the Valley City Health Department Regulations and comply with Fire Code Requirements.

All fuel tanks used for the storage or dispensing of petroleum or gas products shall be located at least 300 feet from all residential districts.

Car wash and vehicle wash establishments shall be permitted as a conditional use subject to the following:

1.

All washing activities must be carried on within a building with no overspray onto adjoining property.

2.

Sufficient space shall be provided to accommodate all vehicle queuing on the property, so no vehicles are required to wait on an adjoining street to enter the site.

3.

Vehicle wash establishments include car wash and truck wash facilities

1.

Crew camp permit.

a.

Possession of a crew camp permit does not authorize the holder to construct or operate a crew camp anywhere in the city the holder pleases. The city may limit its relinquishment of zoning authority over crew camps so as to retain authority to specify in which zoning district(s) crew camps are a permitted use or a conditional use.

b.

The crew camp permit is issued by the city as a conditional use permit. (See section 11-07-02)

c.

A crew camp permit does not exempt the holder from constructing, maintaining, and operating the crew camp in accordance with application law, rules, codes, and/or regulations; nor from obtaining building permits or regulatory inspections.

d.

A crew camp permit authorizes construction and operation of a crew camp not to exceed the design approved. After the permit is issued, any modification of the crew camp that would increase the bed capacity must first be approved by the City Commissioners. Failure to gain prior approval is a violation of this Zoning Ordinance.

e.

A crew camp permit is issued for 24 months. After the initial issue of a 24 month permit, the permit may be renewed by the City Commissioners a limit of two times with each renewal having a duration of 24 months. A holder must apply for renewal 90 days or more prior to the expiration of its permit. Failure to apply 90 or more days before expiration is grounds for denial of the request to renew or other sanction available under this Zoning Ordinance or remedy available by law. When, in the process of reviewing a request for renewal the City Commissioners determines the holder is failing or has in the past failed to satisfy the obligations imposed by this Zoning Ordinance, including but not limited to the obligation to abide by applicable law, code and regulation, the City Commissioners may deny the request for renewal. No crew camp may be permitted to construct and operate a total exceeding 72 months.

f.

Transfer of the permit must be approved by the Planning and Zoning Commission. In order for the Board to authorize transfer, the transferee must exhibit to the Board that the transferee has satisfied or will soon satisfy all the applicable responsibilities of this Zoning Ordinance. The Board may approve transfer of the permit prior to satisfaction of the obligations if the Board reasonably ascertains the transferee is well prepared to satisfy all requirements in an acceptable amount of time. Should a transfer be approved on the understanding that shortcomings will be remedied promptly, failure of the transferee to promptly remedy the shortcomings is grounds for termination, suspension or other administrative under this Zoning Ordinance or action under the law in general.

2.

Application procedure.

a.

The application for a crew camp permit must be submitted to the city following the conditional use permit procedures. After a preliminary review to determine if the major obligations imposed by this Zoning Ordinance seem to have been satisfied, it will be forwarded to the Planning and Zoning Commission for review.

b.

A report of inspection documenting the preconstruction condition of the proposed crew camp site, adjoining properties, and the roads servicing the proposed crew camp will be made by the Building Inspector with assistance from other city staff if needed. This report shall serve as a basis to which the property shall be restored to following decommissioning of the crew housing facility. In the event that the property owner requests that improvements remain intact, approval must be granted according to local zoning ordinances prior to the decommissioning process.

c.

The Planning and Zoning Commission will hold at least one public hearing on the application. The Planning and Zoning Commission will make a recommendation for approval, denial, or any other appropriate action to the City Commissioners. An application will be approved only after the City Commissioners is satisfied all the conditions precedent in this Zoning Ordinance have been satisfied.

3.

Application contents. An application for a crew camp permit must be signed by the owner of the land, the lessor of the property, or an authorized representative and shall include the following information:

a.

The legal description of the property on which the crew camp will be located.

b.

A copy of the current lease for any real property involved.

c.

A copy of all required permits, or approval, including but not limited to those issued by the North Dakota State Health Department, Barnes County Water District, including fresh water.

d.

Plans drawn to scale showing, PMQs, structures, setbacks, utilities, drainage, ingress and egress, parking, screens, buffers, fencing, emergency service roads, names of streets, the number assigned to each structure and each PMQ, and the occupancy capacity of each PMQ and each common room. Plans must describe a facility numbering system for all structures that clearly identifies each structure and all roads in the facility for purposes of emergency responses. PMQs shall be numbered from low to high in proximity to the main entrance that is clearly and easily identified on the side of each structure using reflective lettering and/or numbering.

e.

A description of the PMQs, the common areas, and the appurtenant structures will be manufactured/constructed, and if anchored or how affixed to the earth.

f.

A statement of the total number of beds the facility will contain.

(i)

A breakdown of the types of PMQs.

(ii)

Floor plans for the various PMQs and the common areas.

(iii)

A summary of square footage of the entire facility's structures and PMQs.

g.

A site security plan that includes the following:

(i)

A statement of permission to enter and inspect the facilities at reasonable times for purposes of determining number of beds and compliance with this Zoning Ordinance with permission being given to the city, its officials, employees, and designees including but not limited to the Sheriff and deputies, the Building Inspector, the City Commissioners, Planning and Zoning Commission, the City Attorney and the City Auditor.

(ii)

A method of controlling entrance to the crew camp which includes construction and maintenance of a contiguous perimeter fence that is six feet high.

(iii)

A method for accounting for all residents and staff on premises at any given time by name.

h.

Crew camp rules and regulations regarding criminal or disorderly conduct, firearms or a dangerous weapon as defined at N.D.C.C. § 62.1-01-01, and alcohol consumption or possession on the premises.

i.

A statement describing adequate methods of providing these utilities and services:

(i)

Potable water supply.

(ii)

Power supply: If a camp is to be supplied with electricity through generators, the plan must describe how they will be housed or otherwise sound proofed.

(iii)

Effluent management, particularly sewage and grey water handling.

(iv)

Refuse disposal.

(v)

Fire and emergency evacuation.

j.

The applicant's name, address, phone number, and email address. When the applicant is a corporation or other business association, the applicant shall submit the names of the officers and directors of the corporation and satisfactory proof of the authority of the signatory to the application to bind the corporation as well as the name and address in the State of North Dakota for the agent for service of process.

k.

The on-site manger's name, address, phone number, and email address as well as the same for an alternate emergency point of contact

l.

Plans for site recovery, including the following:

(i)

What will be done with the PMQs, the common areas, and supporting structures and appurtenances?

(ii)

How the improvements will be removed.

4.

Unsuitable applicant or premises. The City Commissioners may at its discretion deny an application for a crew camp permit, or renewal thereof, when, the applicant's character or experience is insufficient or if the premises itself is geologically, ecologically, or practically unfit for a crew camp.

5.

Prohibited housing types. Use of recreational vehicles or mobiles homes as PMQs in a crew camp is prohibited.

6.

Prohibited activities.

a.

Conducting business on the premises, or allowing it to be conducted in a manner that causes a nuisance, public or private, see N.D.C.C. Ch. 42-01, or in a manner that constitutes a crime is prohibited.

b.

Failure of the holder, its officers or directors to maintain good standing is prohibited. Misdemeanor or felony conviction of the holder, or any of its officers or directors for conduct taking place on the crew camp premises or directly related to the holder's capacity to conduct affairs of the nature of a crew camp is prohibited.

c.

The holder must remain solvent. Filing for bankruptcy by the holder is prohibited.

d.

Transfer of responsibility for conduct of the operation, of the real property or lease providing the basis for the operation, or substitution of a substantial portion of officers, director or shareholders of the holding corporation without first gaining the City Commissioner's authorization to transfer the permit is prohibited.

e.

Failure to keep either the bond or the insurance policy required by this Zoning Ordinance in effect at the full amount required by this Zoning Ordinance is prohibited. Failure to replenish, replace, or otherwise reacquire a bond at the full amount required by this Zoning Ordinance, including but not limited to after all or a part of the bond has been assessed, seized, or otherwise collected by action of the city is prohibited.

f.

Adding to the total number of beds specified in the crew camp application without prior approval or authorization of the City Commissioners is prohibited.

g.

Failure to pay on time taxes, fees, Workforce Safety and Insurance premiums, or employees is prohibited.

h.

Failure to keep the service road open to 25 feet is prohibited.

7.

Mandated conditions.

a.

A crew camp must have a perimeter fence that is six feet high. All PMQs, emergency service streets, and appurtenant facilities such as resident parking, common areas, recreational areas, laundry, food preparation, dining, maintenance and storage facilities must be contained within the perimeter fence.

b.

A crew camp's perimeter fence must be set back 1,320 feet from every other property owner's occupied structure(s). A crew camp perimeter fence may be set back less than 1,320 feet when the applicant/holder has obtained waivers from any landowner directly affected and the applicant/holder provides them to the City Commission who then duly approves the exception. In the case of a platted subdivision and/or auditor's lot, the 1,320-foot setback must be from the exterior property line of the platted subdivision and/or auditor's lot to the nearest point on the perimeter fence.

c.

The building intensity inside the perimeter fence must be at least three square feet of open space for every one square foot of structure. For purposes of this calculation paved areas such as a parking lot, a covered picnic pavilion, a tennis court or a basketball court will not be considered a structure.

d.

At least one off street parking place must be provided for every bed in the facility as well as one for every employee. Parking stalls must be at least 8.5 feet wide and 18 feet long. Crew and employee parking must be contained inside the perimeter fence. In addition, another area must be provided for trailers and oversized vehicles.

e.

All PMQs and common areas will be within 200 feet of an emergency service street or parking area served by a road that is at least 25 feet wide. The 25-foot road must be kept passable and clear of debris and obstructions.

f.

The holder must implement and maintain a numbering system for all structures and PMQs that includes a durable easily readable reflective plate being affixed to each PMQ.

g.

The permit holder must maintain the premises and conduct the operation in accordance with the assertions, indications, and limits set out in its application, including but not limited:

(i)

Maintaining ownership or a leasehold interest in the property.

(ii)

Complying with all applicable federal, state, and local laws, rules, regulations and codes.

(iii)

Constructing and maintaining the premises and buildings as indicated in the plans and in a clean and orderly manner.

(iv)

Allow inspection by the city and its designees.

(v)

Operate the camp in accordance with the site security plan, camp rules and regulations and description of methods of providing services and utilities.

(vi)

Recover the site to pre-construction and pre-operation condition.

h.

The holder of the crew camp permit is responsible for satisfying all obligations imposed by the North Dakota Century Code on an owner of the "temporary work camp housing" including but not limited to the obligations of site recovery set out in N.D.C.C. § 54-21.3-04.3(3) and its successor versions.

i.

When this Zoning Ordinance establishes a higher standard of care for the holder than one set out by state statute, or other applicable law, code or regulations, the holder is legally bound to fulfill the higher standard in this Zoning Ordinance.

8.

Surety bond. Initial issue, retention, and/or any subsequent renewal of a crew camp permit is conditioned on the applicant/holder providing documentary proof that it has acquired and holds a surety bond in the amount of $1,000,000.00 payable to Barnes County. The bond must be structured to require payment from the surety to the city for any failure of the applicant/holder to uphold an obligation whether mandated or prohibited, set out in this Zoning Ordinance or other law. The bond must assure the applicant/holder will conduct its construction and operation in conformity with this Zoning Ordinance and that the holder of a crew camp permit will satisfactorily restore the site prior to the expiration of the temporary crew camp permit. The holder of the crew camp permit must keep in place this $1,000,000.00 bond at all time from the initial issuance of the permit, through operation, during any and all renewals of the crew camp permit, and through final city approval of restoration.

9.

Liability insurance. Initial issue, retention, and/or any subsequent renewal of a crew camp permit is conditioned on the applicant/holder obtaining and keeping in place at all time from issuance of the permit through any renewal of the permit and the county's approval of site recovery a $2,000,000.00 general premises and activities liability insurance policy. This policy is distinct from and in addition to the previously mentioned surety bond.

10.

Administration fee. An annual $300.00 per bed administrative zoning fee must be paid by the permit holder to the city and is due at the time the permit is issued. The annual fee must be paid within 12 months of the initial issuance of the crew camp permit and submitted at the time any application for renewal is advanced. The administrative fee does not relieve the holder/applicant or owner of the land from the obligation to pay property tax on the earth but does relieve the holder/applicant or owner from paying tax on the improvements on the land made for the purposes of the crew camp operation and only so long as there is a crew camp permit.

11.

Revocation, suspension and administrative sanctions.

a.

Obligations of the holder, prohibited conduct and conditions are expressed through this Zoning Ordinance. In some instances a statement to the effect that failure to fulfill the obligation or commission of the prohibited act is grounds for termination is included in the same paragraph as the obligation or prohibition. Whether or not that warning is specified in close proximity to the obligation or prohibition, failure to accomplish any obligation expressed in this Zoning Ordinance or commission of any conduct prohibited under this Zoning Ordinance constitutes grounds for termination or any other applicable dispositional alternative specified in this Zoning Ordinance. Failure to satisfy or implement either the conditions listed in the "prohibited activities" section 11-05-06(6) or the "mandated conditions" section 11-05-06(7) are grounds for termination, suspension or sanction, but they are not the exclusive grounds. Failure to comply with any obligation in this Zoning Ordinance constitutes grounds for revocation, suspension and/or administrative action.

b.

Upon cause and due process as specified in this Zoning Ordinance, the City Commissioners may in addition to other legal options provided by the law of the State of North Dakota impose an administrative sanction on the holder and/or suspend or revoke the crew camp permit. The $50,000.00 ceiling on administrative sanctions for purposes of crew camp violations.

c.

When any permit is revoked or suspended for any reason, no portion of the permit fee shall be returned to the applicant.

d.

The surety bond must remain in place until the site is recovered, even if the permit is revoked, suspended, expires or is not renewed.

When the removal and processing of topsoil, stone, rock, sand, gravel or other soil or mineral resources are permitted as a conditional use, the city shall not approve such use until the following information is provided and the City Commission finds that the proposed use will not adversely impact surrounding properties and the city in general, in accordance with the following:

1.

The size of the property from which such topsoil, sand, gravel or other such materials are to be removed.

2.

The amount of topsoil, sand, gravel or other such materials which is to be removed.

3.

The purpose of such removal.

4.

The effect of such removal on adjoining property; all removal activities shall be set back a minimum of 200 feet from any adjoining residential district or use.

5.

The effect of such removal in causing a safety hazard or creating erosion problems.

6.

Potential traffic congestion and problems because of trucks or other vehicles or means utilized to haul and transport the materials removed.

7.

Any change of the natural contour of the land, both during mining operations and at the time of abandonment, shall be maintained in a safe condition.

8.

No storage or truck parking shall be located within 200 feet of any adjacent residence or within 50 feet of any other adjacent property.

9.

All of the operation shall be screened with a planting plan approved by the city on any side adjacent to a residential district or use or occupied property.

10.

As removal activities are completed that portion of the property shall be restored by the placement of topsoil where feasible.

11.

All excavations shall be contoured to blend as nearly as possible with the natural surroundings.

12.

All truck operations shall be directed away from residential streets.

13.

The city may require such performance guarantee as deemed necessary to ensure that requirements are fulfilled, and may revoke permission to operate at any time specified conditions are not maintained.

14.

The applicant shall secure all necessary permits.

These early childhood services are provided for no more than seven children at any one time, except that the term includes a residence providing early childhood services to two additional school-age children during the two hours immediately before and after the school day and all day, except Saturday and Sunday, when school is not in session during the official school year.

All guest inn uses shall be subject to the following standards:

1.

Guest inn uses shall be subject to a conditional use permit in accordance with section 11-07-02. Structures shall not be altered in a way that changes their general residential appearance.

2.

A minimum of one off-street parking space shall be provided for each guest bedroom. Additional parking shall be required if reception or party space is available. If four or more off-street parking spaces are provided, visual screening from adjacent residential uses shall be required.

3.

One sign shall be allowed, with a size limit of two square feet. Internally illuminated signs are not allowed.

4.

Receptions, private parties, or similar activities shall not be permitted unless expressly approved as part of the conditional use permit.

5.

No long-term rental shall be permitted. The maximum length of stay shall be 30 days.

6.

All guest rooms shall be located within the principal structure.

7.

Other than registered guests, no meals shall be served to the general public unless expressly approved as part of the conditional use permit.

8.

No cooking facilities shall be allowed in the guest rooms.

9.

All guest inn uses must comply with the Valley City Health Department Regulations.

10.

All guest inn uses shall comply with Fire Code Requirements.

Many types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this section are intended to permit residents to engage in home occupations, while ensuring that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations require that home occupations (an accessory use) remain subordinate to the allowed principal use (household living) and that the residential viability of the dwelling unit is maintained.

1.

A conditional use permit is required.

2.

The use of the dwelling unit for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling shall be used in the conduct of the home occupation.

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one small announcement of professional sign not exceeding two square feet in area, and provided that no such sign shall be illuminated.

4.

A maximum of one nonresident employee is allowed.

5.

Customers may visit the site only during the hours of 7:00 a.m. to 9:00 p.m.

6.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in live voltage off the premises.

7.

No home occupation shall be conducted in any accessory buildings except in the AG Agriculture Zoning District.

8.

There shall be no full time retail sales in connection with such home occupation.

9.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

10.

Deliveries or pick-ups of supplies or products associated with business activities are allowed only between 8:00 a.m. and 6:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods.

11.

Prohibited uses include:

a.

Vehicle and large equipment repair.

b.

Dispatch centers.

c.

Mortuaries.

d.

Animal care, grooming, or boarding facilities.

e.

Adult entertainment center.

1.

An application for the establishment of a mobile home park shall be filed with the Building Inspector.

2.

The application shall be accompanied by a Health Department permit and complete site plan complying with the provisions of chapter 8-07 of the Valley City Municipal Code and the following requirements:

a.

The minimum area of a mobile home park shall be 50,000 square feet.

b.

The minimum site for each independent mobile home shall be 4,000 square feet.

c.

Each mobile home park shall have direct access to a major street.

3.

The park shall be extensively landscaped and maintained in good condition. Each home site shall be accompanied by an earthen berm on at least two sides and suitable landscape material to screen the underside of the units. A heavily planted landscaped strip of land not less than 20 feet in width shall be established within the park along its exterior boundaries.

4.

There shall be provided within each park an adequate site for recreation for the use of park occupants. Such site or sites shall have a minimum area of 4,000 square feet + 100 square feet for each home site. The recreation sites shall be provided with suitable equipment.

5.

In addition to the foregoing, the Planning and Zoning Commission may impose such other procedures, conditions, requirements or limitations concerning the design, development and operation of such mobile home park as it may deem necessary for the protection of adjacent properties and the public interest.

6.

A subdivision plat shall be prepared.

(Ord. No. 1085, § 2, 7-6-2021)

This section applies to outdoor storage in property with commercial and industrial zoning:

1.

All contractors' yards whose materials are stored for later use to include electrical, plumbing, heating, sand and gravel piles, shall be screened on all sides.

2.

Any outdoor storage area construction materials including building trade contractors and related outdoor storage yards shall be completely enclosed by a fence or wall at least six feet in height constructed of a sturdy, durable material. Said fence or wall shall be continuously maintained in good condition. In no case shall material be stored at a height exceeding the height of the storage area fence or wall.

3.

In the industrial zoning districts, storage of materials necessary for production of finished goods and materials that result from the manufacturing process shall be screened from public view.

4.

No screening is required for outdoor storage and display of new or used boats, cars and other vehicles.

In the Agricultural (AG), Residential (R-1 thru R-4) and Open Space (0) zoning districts, all materials and equipment shall be stored within a building or fully screened (so as not to be visible) from adjoining properties, except for the following: laundry drying and recreational equipment, equipment temporarily being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises. For regulations for residential area storage of passenger automobiles and pick-up trucks, see section 11-06-16.

1.

Unless stated otherwise, this section applies to all residential zoning districts (R-1, R-2, R-3, R-4).

2.

Use restrictions. Accessory buildings shall be for private use of the owner(s) or occupant(s) of the principal building only. Accessory buildings are not permitted on a lot prior to the construction of the principal building, and at no time may be used for dwelling purposes.

3.

Limit to number of accessory buildings. Lots with single-family dwellings are limited to three accessory buildings.

4.

Limit on type of accessory building. Lots with multiple-family dwellings are limited to accessory garages and carports.

5.

Building area. Accessory buildings must be included in the calculation of maximum building coverage and maximum impervious area of a lot, and must not exceed the lot coverage of the principal building.

6.

Setbacks. Accessory buildings 120 square feet and larger must meet the yard setback requirements for the applicable zoning district. Accessory buildings less than 120 square feet must be a minimum of five feet from side and rear lot lines. Accessory buildings must be a minimum of six feet from other buildings on the lot. Accessory buildings shall not occupy the applicable front yard or secondary front yard setback. Accessory buildings must be a minimum of ten feet from all public and private rights-of-way, and must not be located within any recorded public or utility easement unless authorized by a written encroachment agreement or license from the City.

7.

Design. Accessory buildings 120 square feet and larger must be constructed with a pitched roof as well as building materials and exterior design elements that are complementary to the principal building. The maximum sidewall height of any accessory building is 12 feet.

(Ord. No. 1131, § 1, 5-2-2023)

1.

Retail sales of produce grown on the premises, including "U-pick" operations, are permitted when conducted as an accessory use to a farm. Up to two off-premises signs may be permitted for each such use, provided that such signs are no greater than 16 square feet in area, are not placed within the right-of-way, and written permission for their display has been obtained from the property owner on whose property the sign is placed.

2.

Any building, structure or stand utilized for such use shall be set back a minimum of 25 feet from a public right-of-way line, and no closer than ten feet to any other lot line.

3.

Adequate off-street parking and safe ingress and egress to the adjacent street shall be provided.

1.

All walls visible from the street shall be finished with architectural materials such as brick, glass, stone, ceramic, stucco, precast panels, exterior insulation finish systems or curtain walls. The following material shall not be used on walls that are visible from the street: metal panels; non-residential-grade metal siding; non-residential grade wood-based materials; non-residential grade composition materials, such as plastic or asphalt; concrete blocks or cinder blocks. Concrete block may be used only if it is burnished, standing flute or sculptured.

2.

In the alternative, all walls visible from the street shall be screened with a Type B buffer. (See Table 8)

All telecommunications facilities shall comply with the standards of this Zoning Ordinance, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration. Freestanding non-commercial support structures in any other zoning district shall be considered telecommunications support structures and shall meet the requirements of this section.

Provisions authorizing temporary uses are intended to permit occasional, temporary uses and activities within the city when consistent with the purposes of this Zoning Ordinance and when compatible with other nearby uses.

1.

Exemptions. The following shall be permitted as temporary uses without complying with the permit requirements of this section:

a.

Garage sales conducted in residential areas by the owner of such premises for no more than three days total in any 180-day period.

b.

Outdoor seating and serving area at a restaurant (must include an alternative parking plan if onsite parking area is affected).

c.

On-site storage tents, trailers, or other shelter to house inventory during construction or other unusual business interruptions.

d.

Plant and produce stands.

e.

Merchants or vendors participating in a farmers market, flea market, fair, carnival, circus or other similar activity.

f.

Mobile businesses and transient merchants who are invited to events approved by the city, or that are organized and managed by a fair association, convention bureau or other political subdivision.

g.

A motor vehicle in which prepackaged or pre-wrapped ice cream, frozen yogurt, frozen custard, frozen or soft-serve dairy products or similar frozen dessert products are carried for purpose of retail sale on public streets, as long as the following conditions are met:

i.

The vehicle must be registered in North Dakota.

ii.

The vehicle must be approved by the health department.

iii.

The vendor must collect the applicable city sales tax.

iv.

All sales must take place between 10:00 a.m. and 9:00 p.m.

v.

Advertising on the vehicle is limited to decals that identify the name of the vendor, the types of frozen desserts for sale, and the price list of said desserts.

vi.

The driver of the vehicle must obey all applicable traffic and vehicle safety laws, regulations and restrictions.

vii.

The vehicle may not stop for the purpose of making sales:

1.

On Central Avenue from Main Street to 5th Street, or on Main Street from Central Avenue to 5th Ave, Southeast, or within one block of the foregoing locations.

2.

Within 30 feet of any intersection.

3.

Within 30 feet of any stop sign, flashing beacon, yield sign, or other traffic control device located on the side of the roadway.

4.

On any street where the speed limit exceeds 25 miles per hour.

5.

In any manner that impedes the flow of vehicle or pedestrian traffic on any public street or sidewalk.

viii.

The vehicle must be parked as close as practical to the side of the roadway when stopped to make sales.

ix.

When making sales, the vehicle must not park in one location for more than one hour a day without moving the vehicle at least 500 feet.

x.

The vehicle must be equipped with a trash container accessible to the public and any litter associated with the vehicle must be removed from the area before the vehicle leaves a location where sales are made.

xi.

The vendor must have adequate public liability insurance on the business and/or vehicle to cover injuries to persons and property caused by vendor's use of the vehicle

xii.

Before making any sales as set forth in this subdivision, a vendor shall apply for a license on a form approved by the City Auditor, which shall include satisfactory evidence that the vendor will comply with the provisions herein. A non-refundable fee of no more than $25.00 may be assessed. All licenses issued under the provisions of this subdivision, unless otherwise specifically provided, terminate on December 31 following the date of issuance. Failure to comply with the requirements of this subdivision may result in the suspension of the license following notice to the vendor and a hearing if requested by the vendor, or may result in non-issuance of additional licenses.

2.

Temporary uses are prohibited, except that the Building Inspector shall have the authority and responsibility to grant permits for certain temporary uses as provided in this Zoning Ordinance. This section allows for the administrative review of temporary uses and structures, which have seasonal or temporary durations.

3.

Before establishing a temporary use and/or structure, an application must be filed with the Building Inspector who has authority to review, and approve or deny the application. No application will be processed until it is completed in full and the applicant has paid a non-refundable fee the amount of which must be set by the City Commission by resolution. Temporary uses and/or structures may be subject to additional permits, licenses, inspections, and interdepartmental review as needed.

a.

Application requirements:

i.

Completed application form.

ii.

Address and/or legal description of the property where the temporary use or structure is to be located.

iii.

A site plan or drawing of the property illustrating the lot, all existing structures, parking spaces and where such temporary use or structure is to be located.

iv.

A complete description of the proposed temporary use or structure, including hours of operation, proposed method of merchandise display, proposed signage, list of all goods to be sold and material or equipment to be used in the proposed operations.

v.

Permission from property owner which pertains to the authorization for the use of the site and other facilities or services necessary to provide for the safe operation of the temporary use.

vi.

Copy of applicant's state sales and use tax permit.

vii.

Copy of the applicant's state transient merchant's license, if required pursuant to N.D.C.C. Ch. 51-04, or a statement from the attorney general that a transient merchant's license is not required.

viii.

Copy of the applicant's certificate of insurance from a company licensed by the State of North Dakota, evidencing that the permit holder has general liability insurance policies in effect for any business conducted pursuant to this section and under which the city is named as an additional insured.

ix.

For mobile food vendors, a copy of the applicant's State Health Department license.

x.

An affidavit of the applicant as to the truth of the matters set forth in the application, along with a statement holding the city harmless against claims and litigation for issuing a license.

b.

Findings. The Building Inspector may issue a temporary use permit upon finding the following:

i.

That the operation of the requested temporary use or structure at the location proposed will not jeopardize, endanger or otherwise constitute a nuisance to the public health, safety or general welfare or be injurious or detrimental to properties served, adjacent to, or in the vicinity of the nearby area with respect to the existing land use and zoning designation;

ii.

That the proposed site is adequate in size and shape to accommodate the temporary use or structure;

iii.

That adequate parking to accommodate vehicular traffic to be generated by such use will be available on site and not take away from the minimum parking requirement established for the existing uses;

iv.

That the proposed egress and ingress for the site is adequately served by unobstructed fire lanes, driveway aisles, streets, or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use or structure could reasonably generate;

v.

That the proposed location of setup and operation is not located in the public right-of-way;

vi.

That the proposed signage for the temporary use or structure is limited to one sign, not to exceed 32 square feet. The sign must be attached to the vehicle or structure associated with the temporary use. No off-premises signs, flashing signs, high impact signs or motion signs, as defined by V.C.M.C. Ch. 7-02, are allowed;

vii.

That the proposed temporary use or structure is limited to one temporary use or structure per site; and

viii.

In approving an application for a temporary use permit, the Building Inspector may impose such conditions as are deemed necessary to ensure that the permit will be in accord with the intent and purpose of this title.

4.

Temporary use permits will be issued for a limited time, per event or temporary occupation of a premises. Re-application is permitted for any additional temporary use and requires completion of another application and payment of the required fee.

5.

The following described temporary uses may be permitted in the AG and B-2 zoning districts within the city provided such uses meet a minimum three-foot setback from property lines unless otherwise specified:

a.

Greenhouses.

b.

Mobile businesses, mobile food vendors, and transient merchants.

c.

On-site storage tents and/or trailers to house inventory during construction or other unusual business interruptions.

d.

Seasonal sales, ex. Christmas trees and pumpkin patches.

e.

Temporary office trailers are allowed if a building permit for a permanent structure on the site is submitted to the city within 90 days of siting the temporary office trailer. A temporary office trailer may remain on the development site until the construction is completed.

f.

Temporary uses will be permitted for specific uses based on Table 3. A combination of uses is allowed and can extend permitted time up to a total of eight months of any calendar year. Greenhouses will be allowed for two consecutive four-month periods reliant upon proof of necessity. Time limit for storage containers will be from January 1 to December 31 and must be renewed yearly. With the exception of storage containers, upon expiration of a temporary use permit, another permit may not be acquired for the same premises for 30 days.

g.

Notwithstanding any other provisions of this title temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency.

6.

Additional conditions of temporary uses.

a.

Structures or vehicles in which temporary use is to be conducted must meet state and local requirements regarding sanitation, safety, traffic, and motor vehicles.

b.

No temporary use may be conducted on the public right-of-way, or within 30 feet of an intersection except as otherwise authorized by the Planning and Zoning Commission.

c.

No temporary use may be conducted in such a manner as to create a traffic hazard to vehicles, bicyclists or pedestrians.

d.

Operators of a temporary use must provide proper containers or some other means for the collection of waste, trash and litter generated by the temporary use or its patrons. The operator must keep the immediate area around the temporary use or structure clean of waste, trash and litter. The operator is responsible to remove garbage, spills, or stains, and repair any damage to the designated area resulting from the temporary use.

e.

No person may make unreasonably loud noises or use any sound amplifying device to attract patrons.

7.

Revocation of permit.

a.

Temporary use permits may be revoked by the Building Inspector upon finding that one or more of the following conditions exist:

i.

Circumstances have changed to such a degree that one or more findings of fact set forth in subsection 3.b. can no longer be made in a positive manner.

ii.

The temporary use permit was obtained in fraudulent manner.

iii.

One or more conditions of the permit or this section have not been complied with.

b.

The Building Inspector must provide the permit holder with a written notice of revocation, stating that the permit is revoked immediately, and the reason(s) for the revocation. The permit holder may request a hearing before the City Commission to review the revocation by filing a written request within ten days of receiving notice of the revocation. The City Commission will hear from the permit holder at the next regularly scheduled City Commission meeting and thereupon issue a final decision regarding the permit.

8.

Violations. It is unlawful for any person, firm, corporation, partnership, or similar entity to operate or maintain a mobile business, transient business, mobile food vendor, or other temporary use or structure in the city without obtaining a permit or meeting one of the exemptions set forth in subsection 1. Any such violation is punishable as a class B misdemeanor.

9.

Temporary use of residential home as sales and construction office. In a subdivision of at least ten lots in number, one residential dwelling may be used on a temporary basis as a sales office and/or construction office for other lots and/or new homes within the subdivision. A permit for such temporary use must be obtained from the city. The temporary use as such sales office and/or construction office shall be permitted until such time as 90 percent of the lots in the subdivision have been sold to persons, firms or entities other than the permittee, upon which event said temporary use must be terminated within 90 days of such event. In no event, however, shall such temporary use be allowed for more than three years from the date of approval of the subdivision unless an extension of the permit is granted as a conditional use, in accordance with the conditional use review procedures of section 11-07-02.

10.

Definitions.

Mobile business means a mobile motorized or non-motorized vehicle or trailer, not being operated as an accessory component to an existing permanent business establishment, whose business operation is conducted outside of a permanent building and entirely within the mobile unit, for the sales of goods, merchandise or services to the general public.

Mobile food vendor means a motorized or non-motorized vehicle or trailer including a pushcart, which is readily movable, from which prepared food or drink is available for sale to the public.

For purposes of this section, transient merchant has the same meaning as set forth in V.C.M.C. § 8-05-02.

(Ord. No. 1060, § 2, 7-7-2020; Ord. No. 1153, § 1, 5-21-2024)

In a subdivision of at least ten lots in number, one residential dwelling may be used on a temporary basis as a sales office and/or construction office for other lots and/or new homes within the subdivision. A permit for such temporary use must be obtained from the Building Inspector. The temporary use as such sales office and/or construction office shall be permitted until such time as 90 percent of the lots in the subdivision have been sold to persons, firms or entities other than the permittee, upon which event said temporary use must be terminated within 90 days of such event. In no event, however, shall such temporary use be allowed for more than three years from the date of approval of the subdivision unless an extension of the permit is granted as a conditional use, in accordance with the conditional use review procedures of section 11-07-02.

Refer to Title 15—Public Works.

Refer to Title 7—Buildings, Signs, Streets, Sidewalks, Curbs, and Boulevards.