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

Accessory use means a use subordinate to the main use of land or a building on a lot and customarily incidental thereto.

Adult bookstore means an establishment having as a substantial or significant portion (20 percent or more) of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

Adult entertainment centers includes adult bookstores, adult novelty stores, and adult video stores.

Adult novelty store means an establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing novelties, lotions and other items distinguished or characterized by their emphasis on or use for "specific sexual activities" or "specified anatomical areas" or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

Adult video store means any video store where the inventory, whether for sale or rental, is intended for patrons who are over 18 years old and such inventory occupies 20 percent or more of the store square footage.

Agriculture means an area which is used for the growing of the usual farm products, such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising, feeding or breeding thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory use for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include large scale commercial feeding of livestock.

Alley means minor ways which are used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alterations, structural, means any change in the load-bearing members of a building, such as bearing walls, partitions, columns, beams, or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration.

Apartment means a room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family, or any two or more people, located in a building containing more than eight such rooms or suites, or located in a building devoted primarily to nonresidential use.

Auto laundry means a building or portion thereof, where automobiles are washed commercially, or equipment is rented for the same purpose.

Automobile sales room means a building or portion thereof where automobiles and vehicles are sold by a franchised dealer either with or without storage, parts sales, and repair facilities providing all such repair activities are enclosed within a structure.

Basement means a story having part, but not more than one-half of its height, above grade. A basement is considered a story, for the purpose of height regulation if used for dwelling purposes other than by a janitor employed on the premises.

Boardinghouse means a building or place other than a fraternity or sorority house where lodging for no more than eight persons and boarding for no more than 20 is provided by prearrangement for definite periods of time for compensation, for no more than eight persons, and is not open to transient guests.

Building means any enclosed space for human use or activities, whether stationary or movable. When any portion of a building is completely separated from any other portion thereof by a division from any other openings or by a view wall, then each such portion shall be deemed to be a separate building. The term "principal building" means a building, including covered porches, carports and attached garages, in which is conducted the principal use of the lot on which it is situated. In any residence district the main dwelling shall be deemed to be the principal building on the lot on which the same is situated.

Building, height of, means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

Building line means an imaginary line parallel to the front lot line over which no portion of any building, excluding unenclosed steps, may extend and which is a distance from the front lot line equal to the depth of the front yard required for the district in which such lot is located. On a cul-de-sac the building line shall be measured at the nearest point of tangency between the front property line and the building line and shall also be equal to the front yard requirement for the district.

Carport means a form of private garage providing space for housing or storage of one or more automobiles and enclosed on not more than two sides by walls. The dimensions determining the overall size of the carport shall be measured from the extreme edge of any part of the building.

Centerline means the true centerline of a street which has been fully dedicated to its required width. Where all of the required width of public right-of-way has not been dedicated or such public right-of-way exists in an offset or angular manner, the city engineer shall determine the alignment of the centerline.

Clinic means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by physicians or dentists practicing medicine together.

Club or lodge means a nonprofit association of persons organized for the promotion of service to others, who are bona fide members paying annual dues which owns, hires or leases a building, or portion thereof, except a fraternity or sorority, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and beverages to members and their guests on such premises provided adequate dining room space and kitchen facilities and other services complimentary to the purpose of the club are available and are operated in compliance with the state and local municipal laws.

Dwelling means a building used exclusively for permanent residential occupancy, or a portion thereof, including one-family dwellings, two-family dwellings, and multiple-family dwellings. The term "dwelling" does not include a mobile home designed or used primarily for residential occupancy, or hotel, motel, apartments, boardinghouse, lodginghouse or roominghouse, tents, cottage camps or other structures designed or used primarily for transient residents.

(1)

Dwelling, single-family, means a detached building containing only one dwelling unit designed to be located on a permanent foundation and, if site built, constructed in accordance with the provisions of the applicable city codes governing construction; or, if manufactured off site, constructed in accordance with either the city codes governing construction or the HUD Manufactured Home Construction and Safety Standards (24 CFR 3280) and designed for occupancy or use exclusively by one family. All single-family dwellings shall be considered and taxed as real property as provided by law. Each single-family dwelling shall meet the following requirements:

a.

The main entrance shall face the street;

b.

Each unit shall have no less than two entrances;

c.

The roof pitch shall not be less than 4/12 ratio;

d.

The roof shall have an overhang of not less than 24 inches;

e.

Each unit shall have space for a least a single stall attached garage;

f.

Modular homes and site built homes meet the requirements of the state building code;

g.

Manufactured homes meet HUD Code;

h.

Each unit shall have at least 900 square feet of living space with a minimum width of 24 feet, excluding the garage;

i.

Each unit shall have appearance comparable to conventional site built homes and have roofing and siding similar to the surrounding dwelling units; and

j.

All moving devices, such as wheels and hitches, if any, must be removed.

(2)

Dwelling, two-family, means a building designed or used exclusively for occupancy by two families.

(3)

Dwelling, multiple-family, means a building, or portion thereof, containing three or more dwelling units.

(4)

Dwelling unit consists of one or more rooms in a dwelling which are arranged, designed, used or intended for use as living quarters for one family. This includes permanent kitchen and bathroom facilities.

Family or household means one or more persons related by blood, marriage or adoption, or one family plus two unrelated persons or no more than four unrelated persons occupying a dwelling unit as an individual housekeeping entity.

Feedlot means a commercial venture under corporate partnership, or individual ownership involving the assemblage of livestock for the express purpose of preparation for market in the least time possible, purchasing over 75 percent of its feed, and characterized by rapid turnover of livestock; the absence of dwelling unit or structure for housing livestock, and presence of other uses normally associated with a farm.

Floor area means the total number of square feet of floor space as determined by the outside dimensions of the building, not including space in basements; however, if the basement is used for business or commercial purposes, excluding storage space, it shall be counted as floor area in computing off-street parking requirements.

Garage, private, means an enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than two licensed cars is rented to a nonresident of the premises.

Garage, repair, means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, parts sales and adjusting or equipping of automobiles or other motorized equipment.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building. When any wall approximately parallels and is not more than five feet from a street line, the grade shall be measured from the top of the curb.

Home occupation means an occupation or a profession which:

(1)

Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit;

(2)

Is carried on by a member of the family residing in the dwelling unit for residential purposes;

(3)

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

(4)

Which conforms to the following additional conditions:

a.

The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto, and shall not occupy more than 50 percent of the floor area of one story.

b.

Not more than one person outside the family shall be employed in the home occupation.

c.

There shall be no exterior display, nor exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building except as permitted by of this chapter.

d.

No noise vibration, smoke, dust, odors, heat or glare shall be produced which is detrimental to the residential character of the zoning district in which it is located.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, and in which there are more than 20 sleeping rooms usually occupied independently.

Junk yard means an area of land with or without buildings used for or occupied by a deposit, collection, or the storage, outside of a completely enclosed building, for used and/or discarded materials such as waste paper, rags or scrap metal, seed, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

Kennel means any lot or premises on which four or more domestic animals or pets, at least four months of age, are harbored.

Lot means a piece, plat or parcel of land, or assemblage of contiguous parcels of land, as established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings, and accessory buildings thereto, together with such open spaces as are required under this chapter, and having its frontage on a dedicated public right-of-way.

(1)

Lot area means the area of land enclosed with the boundaries of the lot.

(2)

Lot, corner, means lots conforming to the requirements of the following specified conditions:

a.

A lot fronting on two intersecting streets from which form an interior angle of 135 degrees or less and which lot has a frontage or not less than 25 feet on each of such streets.

b.

A lot located at the angle in a street where the interior angle formed by the intersection of the street lines is not 135 degrees or less and which lot has a frontage of not less than 25 feet on each leg or such angle.

(3)

Lot line means a boundary line of a lot.

(4)

Lot line, front, means that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. On a corner lot, the shorter street frontage shall be considered the front lot line.

(5)

Lot line, rear, means that boundary of a lot which is most distant from and is, or is most nearly parallel to, the front lot line.

(6)

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

(7)

Lot width means the straight line distance between points on opposite side lot lines at the building line.

Manufactured home means a factory built dwelling unit, with at least 900 square feet of living space, to be placed on a permanent foundation or basement and is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to be placed on a permanent site and bears a label certifying that it was built in compliance with the latest standards adopted by the U.S. Department of Housing and Urban Development for a manufactured home and the state building code for a modular home.

Mobile home means a manufactured unit, transportable in one or more sections and has at least 900 square feet of living space and is designed as a year-round dwelling unit and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974 (24 CFR 3280), which became effective June 15, 1976. The term "mobile home" does not include a recreational travel trailer.

Mobile home park means any premise where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public parking space for one or more mobile homes for living or sleeping purposes, and which includes any buildings, structure, vehicles or enclosure used or intended for use as a part of the equipment of such mobile home park.

Motel, motor court, motor lodge or tourist court means any building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of this chapter or amendment thereto which does not conform after the passage of this chapter or amendment thereto, with the use regulation of the district in which it is situated.

Nursing home means a home for the aged or infirm, in which three or more persons not of the immediate family are received, kept, provided with food and shelter or care, for compensation; but not including, hospitals, clinics or similar institutions.

Parking space means an off-street space accessible and available for the parking of one motor vehicle and having an area of not less than 200 square feet, together with a driveway connecting the parking space with a street, road or alley, and permitting ingress and egress of an automobile.

Permanent foundation means an extension of the outer walls of a building or structure made of solid materials such as brick, concrete or treated wood and extended below the ground surface through the frost zone, or other depths as required by the city. See attached exhibit A which is by reference thereto incorporated into this chapter and on file in city hall as the required exterior footings and foundation and cross footings and foundation required by double-wide manufactured homes.

Public right-of-way means all streets, roadways, sidewalks, alleys, and other areas reserved for present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel or utility installation.

Screen orfence means a manmade enclosure or barrier regardless of material, extending above ground level, including walls, earthen beams or free standing objects.

Sign means any structure or part thereof or device attached thereto or painted or represented thereon which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of any announcement, direction or advertisement. The term "sign" includes the term "billboard."

Specific sexual activities means:

(1)

Human genitals in the state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, public region, buttock or female breasts.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals;

b.

Pubic region;

c.

Buttock; and

d.

Female breasts below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernable turgid state, even if completely and opaquely covered.

Service station means any area of land, including structures thereon, that is used or designed to be used primarily for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing such motor vehicles.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Street means the traveled portion of the public right-of-way between curb faces, if curb exists, which affords the principal means of access to abutting property.

Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. The term "structure" does not include fences or walls used as fences less than six feet in height, poles, lines, cables, or other transmission or distribution facilities of public utilities.

Transfer station means a cite or building used to transfer solid waste from a vehicle or container, such as a roll-off box, into another vehicle or container for transport to another facility.

Use, principal, means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

Yard means the space on a lot extending along a lot line between such lot line and a principal building or buildings, or non-building use occupying such lot. Yard measurements shall be taken from the building wall to the lot line.

(1)

Front yard means a yard extending the full width of the lot and situated between the front lot line and the building line. The depth of front yard shall be measured between the building line and the front lot line. Covered porches and garages, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

(2)

Rear yard means a yard extending the full width of the lot and situated between the rear line of the principal building and the rear lot line. Accessory buildings or non-building uses may be located within the rear yard only.

(3)

Side yard means a yard situated between the building and the side lot line and extending from the front yard lot line to the rear lot line.

(4)

Rear yard setback for private detached garages means where there is a drive-in door which opens to the alley or to a lot line which abuts street, there shall be 20 feet setback from such lot lines, if the garage doors are parallel with the alley, setback on the alley lot line shall be three feet.

(Rev. Ords. 1986, § 16-300; Ord. No. 623, 10-15-1990; Ord. No. 824, 1-16-2001; Ord. No. 878, § 1, 4-17-2006)

For each and every violation of the provisions of this chapter, the owner, contractor, or other person interested as general agent, architect, engineer, land surveyor, building contractor, owner, tenant, or any other persons who commit, take part, or assist in any violation of this chapter or who maintain any building or premises or uses of any land in violation of this chapter shall be guilty of a misdemeanor. Whenever such person shall have been officially notified by the zoning officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by like fine or penalty.

(Rev. Ords. 1986, § 16-520)

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure, or land is used in violation of this chapter, the proper zoning officer, in addition to other remedies, may institute any appropriate action or proceeding:

(1)

To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(2)

To restrain, correct, or abate such violation;

(3)

To prevent the occupancy of the building, structure, or land; or

(4)

To prevent any illegal act, conduct, business, or use in or about such premises.

(Rev. Ords. 1986, § 16-521)

State Law reference— Similar provisions, N.D.C.C. § 40-47-12.

(a)

The map herein referred to, identified by the title "Zoning District Map, Wahpeton, North Dakota," December 16, 2010, is the official zoning map of and for the city for all lands lying within the city limits and the city's extraterritorial zoning area and that the mayor and finance director/city auditor of the city are authorized and directed to execute said zoning map.

(b)

A copy of the official updated city's zoning map of December 16, 2010, is filed and maintained in the office of the director of public works.

(c)

That the director of public works shall promptly update the city's official zoning map each time the zoning classification of any lot, block and/or tract of land lying within the city's zoning jurisdiction is amended.

(Rev. Ords. 1986, § 16-110; Ord. No. 912, 8-4-2008)

(a)

The zoning regulations and district herein set forth are made in accordance with a comprehensive plan. They are designed to lessen congestion in the streets; secure safety from fire, flood, panic and other dangers; to promote health and general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population, to facilitate the adequate provisions of transportation, water sewerage, schools, parks and other public requirements.

(b)

They are made with reasonable consideration, among other things, to the character of the area of each district and the particular suitability of such area of particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(c)

For the purpose of promoting the health, safety, morals, or the general welfare of the community, the city council is hereby empowered to regulate and restrict the height, number of stories, the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.

(Rev. Ords. 1986, § 16-120)

(a)

It shall be the responsibility of any person erecting a structure within the area outside of the city limits but within the areas for which zoning has been established and controlled by the city pursuant to the state law, to obtain a zoning permit from the building official of the city. Such zoning permit shall certify as to the zoning for the area for which the permit is applied; shall be signed by the building official.

(b)

The request for zoning permit shall include a description of the property for which the permit is sought; the signature of the owner or contractor; a sketch or drawing of the contemplated structure; and such other information as requested by the building official, including cost, construction materials to be used and the contractor's name.

(c)

Fees. There shall be a fee in the amount established by resolution for the issuance of each zoning permit as described herein. Said fee shall be payable to the city and shall be paid at or before the zoning permit is issued herein.

(d)

Building permits. It shall be the responsibility of any person erecting a structure within the area outside of the city limits within the areas for which zoning has been established by the city pursuant to state law, to obtain a building permit from the building official of the city in the manner as provided by the ordinances of the city.

(e)

Application of city's zoning regulations. The application of the city's zoning regulations is hereby extended to all unincorporated territory located outside the limits of the city for a distance of one mile from the city limits as permitted by N.D.C.C. § 40-47-01.1. The application of the city's zoning regulations contained herein and elsewhere shall extend to each quarter section of unincorporated territory the majority of which is located one mile of its limits in any direction.

(Rev. Ords. 1986, § 16-130)

Wherever the regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions or the regulations made under authority of this chapter shall govern. Wherever the provisions or any other statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of N.D.C.C. ch. 40-47, the provisions of such statute or local ordinance or regulation shall govern.

(Rev. Ords. 1986, § 16-200)

State Law reference— Similar provisions, N.D.C.C. § 40-47-13.