For the purpose of this chapter, the city is hereby divided into the following types of districts:

(Rev. Ords. 1986, § 16-600)

(a)

Unless otherwise provided, zone district boundaries shall be on the municipal corporate lines, section lines, lot lines, natural boundary lines, or on the centerlines of highways, streets, alleys, railroad rights-of-way, or such lines extended. In cases where such lines are not used, the zone district line shall be as determined by using the scale of the official zoning district map.

(b)

Disputes concerning the exact location of any zoning district boundary line shall be decided by the board of adjustment according to the intent of this chapter.

(c)

Where a boundary line follows a stream, such boundary shall be deemed to be the centerline of said stream. For any lake, pond, reservoir, river, or other body of water, the regulations of the most restrictive adjacent district in which they are located shall apply.

(d)

Where a boundary line is shown as approximately parallel to a street, highway, stream, or railroad line, such boundary shall be construed as being parallel thereto and at such distance from the centerline thereof as is indicated on the zoning map.

(e)

Where a district boundary line divides a lot which was held in single ownership, and a matter of record, at the time the boundary line was established, the use regulations applicable to the least restricted district shall extend over the portion of the lot in the more restricted district, a distance of not more than 30 feet beyond the district boundary line.

(f)

Whenever any street, alley, or other public way is vacated and in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall be then subject to all regulations of the extended districts.

(Rev. Ords. 1986, § 16-620)

(a)

Scope. The provisions of this section apply to the Residence R-1a Single-Family Agricultural District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Single-family dwelling.

(2)

Churches and similar places of worship.

(3)

Public, parochial schools or general instruction.

(4)

Public libraries, museums, parks, playgrounds, and similar community facilities.

(5)

Governmental administration and services such as office, firehouse, police, first aid, civil defense and like uses; however, this section shall not be interpreted to permit such uses as warehousing, indoor and outdoor storage of vehicles, road building equipment and supplies.

(6)

Accessory uses incidental to any of the foregoing permitted uses.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Agriculture as a living, provided there is no display of products other than in growth visible from the street.

(2)

Public utility substations or pumping stations, upon a showing that such structure is essential to serve the immediate neighborhood, that it cannot be located in any other type of district, and that it is housed in buildings that harmonize with the character of the neighborhood and has adequate screening and landscaping and meets all other standards of this chapter.

(3)

Customary incidental home occupation which is carried on as an accessory use by one or more members of the family residing on the premises, and (a) which shall be carried on wholly within a completely enclosed building, and (b) in the activity, not more than one-half of the floor area of any one floor or basement shall be used, and (c) in the conduct of said activity not more than one person outside the family shall be employed, and (d) such customary home occupation must be in keeping with the character of the neighborhood in which located and must not materially depreciate property values in the immediate area. Such use must also satisfy the regulations prescribed in article IV, division 2 of this chapter, with regard to off-street parking, height limitations, signs and fences.

(4)

Swimming pool not operated for profit, meeting recognized construction and safety standards and all other requirements of this chapter.

(5)

Private schools of general instruction, whether or not operated for profit.

(6)

Nonmunicipal libraries, museums, art galleries and community centers, whether or not operated for profit; and noncommercial clubs, lodges, or fraternal organizations.

(7)

Hospitals, provided that the local health officer shall first certify that in the proposed location such use will not have a detrimental effect on the health of the surrounding neighborhood and further provided that a nurse's home as an accessory use is permitted only on the same lot as the hospital.

(8)

Removable roadside stands for the sale of farm products produced on the premises; provided, however, that any such stand shall be situated not less than 40 feet from the street right-of-way line or lot line and shall have a minimum of four off-street parking spaces. Such stands shall be removed during seasons when products are not being offered for sale.

(9)

Inspection and permits.

a.

All group day care homes or facilities and day care centers where care is provided to seven or more children other than the provider's own children, shall obtain an occupancy permit from the city building inspector's all state standards and be inspected by the city fire inspector. This permit will be available on a voluntary basis for family day care homes where care is provided to fewer than seven children. The occupancy permit shall be as established by resolution and is a one-time fee per location.

b.

Any family day care home may be required to comply with the recommendations of the city fire inspector, city building inspector or county health department should the safety or sanitation of the home appear to be questionable by the state licensing agency.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. A lot area of not less than 20,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 120 feet.

(2)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 50 feet in depth.

(3)

Side yard. There shall be two side yards on each lot, neither of which shall be less than 20 feet in depth.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 50 feet.

(e)

Supplementary regulations. See regulations prescribed in article IV, division 2, of this chapter.

(Rev. Ords. 1986, §§ 16-700—16-704; Ord. No. 754, 6-3-1996)

(a)

Scope. The provisions of this section apply to the Residence R-1b Single-Family District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

All uses allowed by right in Residence R-1a district except that there shall be no raising or pasturing of livestock, poultry or other commercial domestic animals or birds.

(2)

Boardinghouse, provided that not more than four such boarders shall be permitted without special exception by the board of adjustment.

(3)

Public utility substations or pumping stations.

(4)

Private schools or general instruction and day nurseries.

(5)

Accessory uses customarily incidental to any of the foregoing permitted uses.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

All uses allowed by special exception in the Residence R-1a District, except roadside stands and agriculture as a living.

(2)

Vocational or trade schools, whether or not operated for profit.

(3)

Retirement or nursing home.

(4)

Two-family dwelling.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. A lot area of not less than 12,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 80 feet.

(2)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 35 feet in depth.

(3)

Side yard. There shall be two side yards on each lot, neither of which shall be less than eight feet in depth.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 30 feet.

(e)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-710—16-714)

(a)

Scope. The provisions of this section apply to the Residence R-1c Single-Family District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Single-family dwelling, maximum main floor finished living space of 1,100 square feet.

(2)

Parks or playgrounds.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Churches or similar places of worship.

(2)

Child day care center home as required in subsection 46-142(c).

(3)

Two-family dwelling.

(4)

Single-family dwelling, with a maximum main floor finished living space in excess of 1,300 square feet.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. A lot area of not less than 5,000 square feet per family shall be provided for every building erected. Each lot shall have a building line frontage of not less than 50 feet.

(2)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 25 feet in depth.

(3)

Side yard. There shall be two side yards for each lot, neither of which shall be less than six feet in depth, as measured from the foundation wall.

(4)

Rear yard. There shall be a rear yard on each lot, such rear yard shall be not less than 20 feet in depth.

(e)

Supplementary regulations. See regulations prescribed in section 46-263.

(Rev. Ords. 1986, §§ 16-715—16-719; Ord. No. 772, 2-18-1997; Ord. 792, 12-7-1998; Ord. No. 884, 10-16-2006)

(a)

Scope. The provisions of this section apply to the Residence R-2 Two-Family District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

All uses allowed by right in the Residence R-1b District.

(2)

Two-family dwellings.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

All uses allowed by special exception in the Residence R-1b District.

(2)

Boardinghouse.

(3)

Multiple-family dwelling.

(4)

Lot area.

a.

A lot area less than 8,400 square feet not to be less than 5,000 square feet for a single-family residence;

b.

A lot area less than 10,000 square feet not to be less than 6,000 square feet for a duplex.

(5)

Building frontage of less than 70 feet, to not less than 40 feet. Subsection (4) of this section and this subsection shall only be for plats approved by the city council before May 15, 1947.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width.

a.

Single-family structures. A lot area of not less than 8,400 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 70 feet.

b.

Two-family and multiple-family dwellings. A lot area of not less than 10,000 square feet per two-family dwelling units and a maximum of 12 dwelling units per acre with a minimum frontage of 100 feet of building line frontage for multiple-family dwelling units.

(2)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 25 feet in depth, which shall apply to all plats approved by the city council after March 15, 1947.

(3)

Side yard.

a.

There shall be two side yards on each lot, neither of which shall be less than seven feet in depth.

b.

The side yard for all plats approved by the city council before May 15, 1947, shall be a minimum of five feet.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 25 feet in depth.

(e)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-720—16-724; Ord. No. 723, § 1, 6-5-1995; Ord. No. 788, 4-20-1998)

(a)

Scope. The provisions of this section apply to the Residence R-3 Multiple-Family District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

All uses allowed by right in the residence R-2 district.

(2)

Multiple-family dwellings.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

All uses allowed by special exception in Residence R-2 District.

(2)

Conversion into two-family and multiple-family dwellings in accordance with section 46-30.

(3)

Mobile home park and single mobile home.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. A lot area of not less than 6,000 square feet per family shall be provided for every single-family dwelling hereafter erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 50 feet. For multiunit dwellings, that shall be a maximum of less than 24 dwelling units per acre and ten feet of building line frontage must be added for each dwelling unit up to 150 feet maximum.

(2)

Additions. For two-family dwellings, 2,400 square feet of area and 20 feet of building line frontage must be added for each additional dwelling unit.

(3)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 25 feet in depth which shall apply to all plats approved by the city council after March 15, 1947. Section 723.21 shall apply to plats approved before March 15, 1947.

(4)

Side yard. There shall be two side yards on each lot, neither of which shall be less than six feet in depth with a minimum aggregate of 16 feet.

(5)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 20 feet in depth.

(e)

Area regulations for mobile home parks. The area regulations shall be as follows:

(1)

Lot area and width. There shall be a lot area of not less than 3,000 square feet per mobile home. Each lot shall have a building line frontage of not less than 30 feet.

(2)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 20 feet in depth.

(3)

Side yard. There shall be two side yards on each lot, neither of which shall be less than five feet in depth with a minimum aggregate of 15 feet. Side yards adjacent to any other residential district shall not be less than 20 feet.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 15 feet in depth. No building shall be within 30 feet of any rear lot line which abuts any other residential district.

(f)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(g)

Establishing townhouse zoning. The provisions of this section apply only in the R-3 Zoning District.

(1)

Permitted uses. The permitted uses shall be as follows:

a.

One detached single-family dwelling unit per lot, in accordance with the R-3 District.

b.

Rowhouses or townhouses. Attached single-family dwellings in groups of not more than six units or less than three units.

(2)

Density. The maximum allowable density per acre shall be stipulated in each zoning district. The density for a townhouses shall be no more than 16 units per net acre. (This may be increased by the planning commission upon request).

(3)

Lot area. Lot and yard requirement regulations for townhouse use. Each attached single-family dwelling hereafter erected shall conform to the following minimums:

(4)

Height regulations. The maximum height of any principal building shall be 35 feet.

(5)

Safety provision. Townhouses shall have wall separations between each dwelling unit of at least a two-hour fire-rated wall which shall extend from the footing to and through the roof at least 30 inches except as may be allowed by chapter five of the state building code pertaining to area separation walls.

(6)

Roof and setback lines. No more than two consecutive townhouse units or rowhouses shall have the same roof line and no more than two consecutive units shall have the same setback from the street.

(7)

Floor area. Minimum floor area per unit of 850 square feet per unit. Minimum floor area for single-story units of 725 square feet per unit.

(8)

Public utility. Each unit shall have separate sewer and water service lines.

(9)

Lots. Each unit shall be located on a separate building lot that is separately recordable.

(10)

Access. All units shall have adequate access to a public street by means of an interior drive.

(11)

Access to rear yard. The required rear yard to each townhouse or row dwelling shall have an unobstructed access with a public walkway at least four-feet wide extending to an alley or street.

(12)

Off-street parking. Off-street parking spaces shall be provided for each dwelling unit in compliance with section 46-263.

(13)

Homeowners' association. Whenever possible, common open space shall be contiguous and shall be linked to any open space surrounding the development. Common open space shall be protected by covenants running with the land, which shall be drafted to the satisfaction of the city attorney. The covenants shall require that the homeowners' association be held responsible for the maintenance of the common open space, the accessory buildings and the exterior of the townhouse units. A copy of the covenant shall be kept on file in the office of the secretary of the planning commission.

(14)

Accessory uses.

a.

Home occupations in accordance with section 46-1.

b.

Maintenance, management or community recreation buildings incidental to the development.

c.

Off-street parking.

d.

Renting of rooms for not more than two roomers per dwelling unit.

e.

Signs.

(15)

Special uses. Multiple-dwellings, subject to the appropriate provisions of the R-3 Zoning District, provided that the density does not exceed 16 units per acre.

(Rev. Ords. 1986, §§ 16-730—16-736)

(a)

Scope. The provisions of this section apply to the Business RB-4 Neighborhood District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Any use allowed in the Residence R-3 District provided that such use conforms to the area and use requirements of that district.

(2)

Any local retail business or service establishment which supplies commodities or performs the following services primarily for residents of the surrounding neighborhood: grocery store, meat market, delicatessen, drugstore, barber and beauty shops.

(3)

Business or professional office; medical or dental clinic.

(4)

Any accessory use or a use of the same general character as subsections (b)(1) through (3) of this section.

(5)

Parking lot as a principal use.

(c)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. The minimum lot area shall be 5,000 square feet for each commercial area. The minimum lot width shall be 50 feet.

(2)

Front yard. The building line to establish a front yard for all buildings and structures shall conform to that required by the most restrictive adjacent use.

(3)

Side yard. There shall be a side yard adjacent to any residential district of not less than 20 feet.

(4)

Rear yard. No building shall be within 30 feet of the rear lot line.

(d)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-800—16-803)

(a)

Scope. The provisions of this section apply to the Business B-1 Central District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Retail or service store or shop.

(2)

Personal service shop or agency such as tailor, dressmaking, beauty, barber or shoe repair shop.

(3)

Medical or dental clinic or funeral home.

(4)

Business, professional and governmental office.

(5)

Hotels, apartment, second floor or above.

(6)

Eating and drinking establishments, except those offering in-car services.

(7)

Theaters, except those offering in-car services.

(8)

Public transportation passenger facilities.

(9)

Telephone exchanges.

(10)

Accessory uses incidental to any of the foregoing uses.

(11)

Parking lot as a principal use.

(12)

Assembling and packaging, freight handling, light manufacturing, storage and warehousing and similar operations with the approval and subject to the conditions of the city council.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Public and/or private schools of general instruction.

(2)

For all lots and tracts abutting the Burlington Northern and Sante Fe Railroad tracks from the Bois de Sioux River to 11 ^th Street, commercial and personal storage and/or warehouse buildings with all development standards, dimensional standards, design and aesthetic standards and lots splits subject to all of the terms and conditions as established by the planning commission, which is the body to approve such exception and to tailor such terms and conditions as closely as possible to the existing ordinances for the classification of the district. Such terms and conditions include but are not limited to height, drainage, setbacks, and any other conditions as determined by the planning commission.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Side yard. All buildings and incidental uses on lots adjacent to a residential district shall be located to provide a 20-foot side yard on the side abutting the residential district. When adjacent to other than residential district, no side yard is required; however, where side yards are provided for such a building, each such side yard shall be not less than six feet in width.

(2)

Lot area and width. The minimum lot area shall be 5,000 square feet for each commercial area. The minimum lot width shall be 50 feet.

(3)

Front yard. Each lot lying between Third Street and Seventh Street abutting Dakota Avenue shall have a building line frontage of zero with all of the buildings being constructed to the lot line.

(4)

Rear yard. No rear yard shall be required.

(5)

Variances. Not withstanding any other ordinance to the contrary, the city planning commission shall have the power to grant variances from the setback requirements of subsection (c)(2) of this section hereof and shall otherwise follow the procedures provided for in hearing and deciding applications for variances as set forth in article II of this chapter.

(e)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-810—16-813; Ord. No. 624, 9-17-1990; Ord. No. 918, 3-16-2009; Ord. No. 926, § 16-811.1, 3-15-2010; Ord. No. 983, 10-16-2017; Ord. No. 997, 10-15-2018)

(a)

Scope. The provisions of this section apply to the Business B-2 Heavy District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Any use allowed in business B-1 district.

(2)

Automobile sales.

(3)

Apartments (second floor only).

(4)

Wholesale business and related warehousing and storage; provided that all inventories located on the premises are stored within a completely enclosed structure.

(5)

Auto laundries, provided that their operative machinery is within an enclosed structure and adequate drainage is provided.

(6)

Grocery supermarket.

(7)

Furniture sales.

(8)

Other similar uses requiring open storage or off-street parking and loading areas.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Two-family dwellings.

(2)

Multiple-family dwellings.

(3)

Apartments (first floor).

(4)

Public and/or private schools of general instruction.

(5)

Any accessory uses incidental to the foregoing special exceptions.

(6)

For all lots and tracts abutting the Burlington Northern and Sante Fe Railroad tracks from the Bois de Sioux River to 11 ^th Street, commercial and personal storage and/or warehouse buildings with all development standards, dimensional standards, design and aesthetic standards and lots splits subject to all of the terms and conditions as established by the planning commission, which is the body to approve such exception and to tailor such terms and conditions as closely as possible to the existing ordinances for the classification of the district. Such terms and conditions include but are not limited to height, drainage, setbacks, and any other conditions as determined by the planning commission.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. A lot area of not less than 15,000 square feet shall be provided for every building hereafter erected or used. Each lot shall have a building line frontage of not less than 100 feet.

(2)

Buildings and incidental uses. All buildings and incidental uses on lots adjacent to a residential district shall be located to provide a 40-foot side yard on the side abutting the residential district.

(3)

Front yard. There shall be a front yard on each street which a lot abuts, which yard shall not be less than 25 feet in depth.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall be not less than 20 feet in depth.

(5)

Dakota Avenue setback. Each lot lying between 1st Street and 11th Street abutting Dakota Avenue and one-half block on all cross streets of Dakota Avenue shall be allowed a zero setback on the Dakota Avenue right-of-way and from the public rights-of-way on the first half blocks of all cross streets.

(e)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-820—16-823; Ord. No. 723, § 2, 6-5-1995; Ord. No. 918, 3-14-2009; Ord. No. 926, 3-15-2010; Ord. No. 997, 10-15-2018)

(a)

Scope. The provisions of this section apply to the Business B-3 Highway District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Any use allowed in business B-2 district.

(2)

Service stations.

(3)

Motels.

(4)

Restaurants.

(5)

Other similar uses which are highway oriented and dependent upon transient trade.

(6)

Parking lot as a principal use.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Outdoor amusements, such as drive-in theaters, amusement parks, bowling alleys, skating rinks, and commercial recreation areas.

(2)

Furniture sales.

(3)

Automobile sales.

(4)

Boat sales.

(5)

Camping trailer and mobile home sales.

(6)

Auto laundries, provided that their operative machinery is within an enclosed structure and adequate drainage is provided.

(7)

Kennels and/or dog pound.

(8)

Accessory uses incidental to the foregoing special exceptions.

(9)

Public and/or private schools of general instruction.

(10)

Sale of baby chicks.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width. There shall be a lot area of not less than 40,000 square feet per lot. Each lot shall have a building line frontage of not less than 200 feet.

(2)

Front yard. There shall be a front yard on each street which a lot abuts, which yard shall be not less than 50 feet in depth.

(3)

Side yard. There shall be two side yards on each lot, neither of which shall be less than 25 feet in depth. Side yards adjacent to any other residential district shall be not less than 35 feet.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 30 feet in depth. No building shall be within 40 feet of any rear lot line which abuts any other residential district.

(e)

Supplementary regulations. See regulations prescribed in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-830—16-832; Ord. No. 914, 8-18-2008; Ord. No. 926, § 16-832.1, 3-15-2010; Ord. No. 984, 10-16-2017)

(a)

Scope. The provisions of this section apply to the industrial districts.

(b)

Nonindustrial uses. In industrial districts, no building may hereafter be used in whole or in part for any of the following purposes:

(1)

Residential uses or any dwelling use, including hotels and motels.

(2)

Retail stores, service shop, theater or other place of commercial recreation or amusement, restaurant or tavern.

(3)

School, church, hospital, sanitarium, correctional institution or other institutional use.

(4)

Cemetery.

(c)

Prohibited uses. The prohibited uses shall be as follows:

(1)

Acid manufacture, or storage except on limited scale as an accessory to a permitted industry and under conditions specified by the zoning board of adjustment.

(2)

Slaughterhouse and stockyard.

(3)

Manufacture of fertilizers.

(4)

Garbage, waste materials, offal, dead animal, or refuse incineration or storage.

(5)

Manufacture or storage of gun powder, fireworks, or other explosives.

(d)

Required yards. The required yards shall be as follows:

(1)

Front yards. No building shall be constructed within 20 feet of the front lot line in the I-1 district and 40 feet in the I-2 district.

(2)

Side yards. On lots adjacent to a residential district, all buildings and incidental areas shall be located so as to provided a minimum side yard of 50 feet on the side adjacent to the residential district. All other side yards shall be a minimum of 20 feet.

(3)

Rear yards. No building shall be constructed within 20 feet of the rear lot line.

(e)

Off-street parking and loading requirements. Off-street parking and loading facilities shall be provided in accordance with sections 46-263 and 46-266.

(f)

Building height and sign regulations. See regulations prescribed in sections 46-235 and 46-286.

(Rev. Ords. 1986, §§ 16-900—16-905)

(a)

Scope. The provisions of this section apply to the Industrial I-1 District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Assembling and packaging, freight handling, light manufacturing, storage and warehousing and similar operations.

(2)

Filling station (service station).

(c)

Special exceptions (board of adjustment). Special exception uses shall be as follows:

(1)

Gasoline, oil or alcohol storage above ground in excess of 500 gallons and other similar industrial uses not listed above.

(2)

Kennels and/or dog pound.

(3)

Transfer station.

(Rev. Ords. 1986, §§ 16-910—16-912; Ord. No. 897, 8-6-2007; Ord. No. 914, 8-18-2008)

(a)

Scope. The provisions of this section apply to the Industrial I-2 District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Any use permitted in Industrial I-1 District.

(2)

Manufacturing, fabricating and processing, provided that the proposed use will not constitute a fire hazard or emit objectionable smoke, noise, vibration, odor or dust.

(c)

Special exceptions (city council). Gasoline, oil or alcohol storage above ground in excess of 500 gallons, composting and storage of yard waste, and other similar industrial uses not listed in subsection (b) of this section granted by the city council.

(d)

Special exceptions (board of adjustment). Special exception uses shall be as follows:

(1)

Kennels and/or dog pound.

(2)

Transfer station.

(Rev. Ords. 1986, §§ 16-920—16-922; Ord. No. 897, § 16-922, 8-6-2007; Ord. No. 914, § 16-922, 8-18-2008; Ord. No. 970, 9-8-2015)

(a)

Scope. The provisions of this section apply to the Industrial I-3 District.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Any use permitted in Industrial I-1 District.

(2)

Slaughterhouse and meat processing.

(3)

Temporary storage of animal and slaughtering waste materials, within the limits set by the board of adjustment.

(c)

Special exceptions (board of adjustment). Special exception uses shall be as follows:

(1)

Kennels and/or dog pound.

(2)

Transfer station.

(Rev. Ords. 1986, §§ 16-930—16-932; Ord. No. 914, § 16-932, 8-18-2008)

(a)

Scope. All uses except farm residences generally associated and identified with agriculture including, but not limited to, the cultivation of the soil and production of crops and the raising of livestock except swine.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

Agricultural purposes such as crop production, raising of livestock except swine which purposes do not require a farm residence.

(2)

Public parks, playgrounds, private recreation, shooting range, campgrounds.

(3)

Dog pounds.

(4)

Landfills with the approval of the city council.

(5)

Sewage lagoons.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Open storage of materials.

(2)

Raising of swine.

(3)

Billboards.

(4)

Feed lots.

(5)

Fertilizer manufacture and storage.

(6)

Single-family residences.

(d)

Area regulations. There are no minimum area requirements except as required by this chapter or other chapters of this Code.

(Rev. Ords. 1986, §§ 15-1010—15-1014; Ord. No. 562, 5-4-1987; Ord. No. 629, 11-19-1990)

(a)

Scope. The provisions of this section apply to Extraterritorial Zoning District (ETZ-1).

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

All uses allowed by right in Residence R-1a District.

(2)

Home occupation as allowed by right and under the conditions imposed by subsection 46-142(c).

(3)

Daycare centers.

(4)

Agriculture as a living, limited to cultivation of soil and production of crops.

(c)

Special exceptions. The special exception uses shall be as follows if authorized by the planning commission:

(1)

Public utilities, substations, or pumping stations, upon showing that such structure is essential to serve the immediate neighborhood, that it cannot be located in any other type of district and that it is housed in buildings that harmonize with the character of the neighborhood and has adequate screening and landscaping and meets all of the other standards of this chapter.

(2)

Customary incidental home occupation which is carried on as an accessory use by one or more members of the family residing on the premises, and:

a.

Which shall be carried on wholly within a completely enclosed building;

b.

In the activity, not more than the floor area of any one floor or basement shall be used then permitted by the planning commission;

c.

In the conduct of said activity not more than the number of persons permitted by the planning commission in the special use permit from outside the family shall be employed;

d.

Such customary home occupation must be in keeping with the character of the neighborhood in which located and must not material depreciate the property values in the immediate area. Such use must also satisfy the regulations described in article IV, division 2 of this chapter with regard to off-street parking, height limitations, signs and fences, in the immediate area; and

e.

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.

(3)

Repair shops with inside storage only.

(4)

Mobile homes as residences.

(5)

Raising of livestock, including kennels, but excluding any breed or species of swine of any age.

(6)

Two-family and multifamily housing as defined in article III, division 2 of this chapter.

(7)

All of the special exceptions in this classification shall be subject to all of the terms and conditions as determined and established by the planning commission, which is to tailor such conditions as closely as possible to the existing ordinances for the type of district permitting the use allowed hereunder by special exception and such other conditions included, but not limited to, setting a termination date for the special use, restricting the working hours of a home occupation, setting the number of livestock permitted on the premises, and all other terms and conditions as the planning commission deems fit. All such terms and conditions are to be made a part of the special use permit.

(d)

Area regulations. The area regulations shall be as follows:

(1)

Lot area. A lot area shall not be less than one acre per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling.

(2)

Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 50 feet in depth.

(3)

Side yard. There shall be two side yards on each lot, neither which shall be less than ten feet in depth.

(4)

Rear yard. There shall be a rear yard on each lot, which yard shall not be less than 50 feet.

(5)

Regulated by planning commission. The area regulations for special exceptions shall be not less than those for permitted uses and as further conditioned by the planning commission.

(e)

Parking. Parking requirements shall be as provided for in the supplemental regulations set forth in article IV, division 2 of this chapter.

(Rev. Ords. 1986, §§ 16-10.1-1—16-10.1-5; Ord. No. 747, 12-18-1995)

(a)

Scope. The provisions of this section apply to the AV-1 and AV-2 Airport Districts.

(b)

Permitted uses. The permitted uses shall be as follows:

(1)

AV-1 District.

a.

Runways, landing strips, taxiways.

b.

Buffer zones.

c.

Agricultural.

d.

Airway facilities and equipment.

(2)

AV-2 District.

a.

Aircraft maintenance facilities whether or not operated for profit.

b.

Aircraft fueling and washing (outdoors).

c.

Public transportation passenger facilities.

d.

Agricultural aircraft operating facilities.

e.

Aircraft storage facilities whether or not operated for profit.

f.

Business and professional offices related to the aircraft or travel industry.

g.

Retail or service store or shop related to the aircraft industry.

h.

Museums, parks, playgrounds and similar community facilities.

i.

Governmental administration and services such as: weather station, control tower for air traffic, offices, firehouse, security, police, first aid and civil defense.

j.

Parking lot as a principal use.

k.

Automobile rental facilities and related services.

l.

Public utility substations or pumping stations.

m.

Assembling and packaging, freight handling, light manufacturing, storage and warehouse and similar operations related to airport uses.

n.

Accessory uses incidental to any of the foregoing airport permitted use.

o.

Aircraft wholesale business and related warehousing and storage, provided all inventories located on the premises are stored within a completely enclosed structure.

p.

Airway facilities and equipment.

q.

Buffer zones between runways, landing strips, taxiways and other uses.

(c)

Special exceptions. Special exception uses shall be as follows:

(1)

Nonmunicipal museums whether or not operated for profit; and noncommercial clubs and organizations.

(2)

Vocational or trade schools, whether or not operated for profit.

(3)

Hotels, motels and other accommodations for the traveling public.

(4)

Eating and drinking establishments, except those offering in-car services.

(5)

Gasoline and oil storage above ground in excess of 500 gallons.

(6)

Manufacturing, fabricating and processing, provided that the proposed use will not constitute a fire hazard or emit objectionable smoke, noise, vibration, odor or dust.

(7)

Agriculture as a living, provided there is no dwelling or display of products other than in growth visible from the street.

(8)

Other aircraft related uses not listed in subsections (c)(1) through (c)(7) of this section.

(9)

Single-family dwelling units.

(10)

Any accessory uses incidental to the foregoing special exceptions.

(d)

Prohibited airport uses. The prohibited airport uses shall be as follows:

(1)

Church, hospital, sanitarium, correctional institution or other similar institutional uses.

(2)

Cemetery.

(3)

Slaughterhouse or stockyard.

(4)

Manufacture or storage of acid, gun powder, fireworks or other explosives.

(5)

Landfill and/or dump grounds.

(6)

Sewage treatment plants.

(e)

Area regulations. The area regulations shall be as follows:

(1)

Lot area and width.

a.

A lot area of not less than 20,000 square feet for commercial operations and not less than 3,000 square feet for private hangar shall be provided for every building hereafter erected.

b.

Each lot shall have a building line frontage of not less than 200 inches for commercial lots and not less than 60 inches for private lots.

(2)

Front yard. No front yard shall be required.

(3)

Side yard. Seven feet.

(4)

Rear yard. No rear yard shall be required.

(Rev. Ords. 1986, §§ 16-1400—16-1404; Ord. No. 632, 12-17-1990)

(a)

Scope; statement of intent. This section applies to the PUD Districts. The provisions of the PUD District are established to provide comprehensive procedures and standards designed to allow greater flexibility, uniqueness, innovative design and energy conservation in the development or redevelopment of areas of the community by developing adjacent to, or by incorporating within a mixture of densities/intensities or use types. The benefits of the PUD are intended to be significant as to warrant modifications of the standards required under other district regulations. These provisions are further intended to promote conservation and more efficient use of land, higher standards of site and building design and the preservation and enhancement of desirable site characteristics such as natural topography, scenic features and open spaces. It is also intended that these provisions will give the developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence.

(b)

Permitted uses. Any use which is permitted by this chapter within the residential, commercial or industrial districts shall be considered as potentially allowable within a PUD District.

(c)

Who may apply; ownership requirements. An application for approval of a PUD shall be filed in the name of the recorded owner of property included in the development. However, the application may be filed by a holder of an equitable interest in such property. Before approval of a plan can be obtained, the applicant must show evidence of full ownership interest in the land (legal title or the execution of a binding sales agreement). The entire project must be in single ownership by the time the final development plan can be approved.

(d)

Minimum areas generally required. The tract of land for which a PUD project is proposed shall be a minimum of three acres. Areas of less than three acres may qualify as a PUD project if the applicant can show that the waiving of this requirement is in the public interest and that at least one of the following conditions is met:

(1)

Unusual physical features of the site or the surrounding neighborhood are such that development under a different zoning district would not conserve the unique physical features of the site or would not allow functional or environmental compatibility with the surrounding neighborhood.

(2)

The site is adjacent to an area which has been developed under the provisions of a Planned Unit Development District and will contribute to the amenity and functionality of the neighborhood.

(3)

The site is part of an urban redevelopment and/or spot renewal program, provided it does not conflict with the nature of the surrounding neighborhood.

(e)

Coordination with subdivision regulations. It is the intent of this article that subdivision review be carried out simultaneously with the review of a planned unit development and that the development plans submitted under this article be submitted in a form which will satisfy the requirements of the subdivision control regulations for preliminary and final plats.

(f)

Administrative procedure generally. Administrative approval is to be obtained for a PUD project at two stages:

(1)

The planning commission is to review and give preliminary approval to a concept development plan for the total area of the proposed PUD District; and

(2)

Final approval is to be given to a detailed development plan by the planning commission and the city council for the total site development or for sub-areas of the proposed PUD District.

Prior to these two steps, the prospective applicant should submit to the director of public works and city staff, preliminary plans and sketches and basic site information for consideration and advice as to the relation of the proposal to general development objectives to be attained in the area and as to the policies of the planning commission with reference thereto.

(g)

Preliminary approval of a planned unit development project.

(1)

The proponents of a PUD project shall submit a concept development plan to the planning commission.

(2)

The concept development plan shall consists of the following:

a.

A legal description of the property.

b.

A statement describing the general character of the intended development.

c.

An accurate map of the project area showing the proposed site and its proposed land uses, and the adjacent properties and their present urban or projected land uses.

d.

The pattern of proposed land uses including the shape, size and arrangement of proposed use areas, density acreage, and environmental character.

e.

The internal traffic and circulation systems, off-street parking areas, and major points of access to public right-of-way.

f.

Proposed open space and public areas.

g.

Preliminary number, size and concept of the proposed structures within each area.

h.

Proposed interior buffer areas between uses.

i.

An outline for the anticipated schedule and sequence of development in terms of sub-areas for the total PUD District.

j.

Preliminary subdivision plat.

(3)

Referral and hearing.

a.

Upon receipt and review by the director of public works of the application and the concept development plan, the planning commission and its staff shall study the proposal to determine conformity with the city's comprehensive plan and the above requirements.

b.

In reviewing the plan, the planning commission shall determine if the proposed development is consistent with the intended purposes of the PUD District, with the comprehensive plan, and with the overall development of the city. The design may provide for the modification of yards, setbacks, and height requirements, but the density, intensity of use, and lot coverage requirements for residential developments for the district as a whole shall not be reduced below that required in the underlying district.

c.

The planning commission will hold a public hearing on the concept development plan, after notification of the surrounding property owners within 300 feet excluding right-of-way, and will notify the applicant of its decision to approve, approve with modifications, or disapprove the plan.

d.

Approval of the rezoning and the related concept development plan shall establish the basic right to use the area in conformity with the plan as approved, and shall be recorded as an integral component of the district regulations, but such plan is conditioned upon approval of a detailed development plan, and shall not make permissible any of the uses as proposed until a detailed development plan is submitted and approved for all or a portion of the concept development plan.

(h)

Final approval of a planned unit development project.

(1)

In order to secure final approval and designation as a PUD District for a proposed site, the applicant will submit to the city planning commission a detailed development plan of any or all of the agreed-to site sub-areas.

(2)

The detailed development plan for any or all PUD District shall consist of the following:

a.

A final subdivision plat including lot lines, easements, public rights-of-way, etc.

b.

A map of the site illustrating the following:

1.

Size, location and arrangement of buildings including building spacing, setbacks, yards, etc.

2.

Parking areas, private and public streets, sidewalks, and other transportation facilities.

3.

Landscaping, screening and final ground contours.

4.

Common open spaces and/or recreation areas.

5.

Sewer, water and other utility lines.

c.

Where applicable, a written statement outlining the ownership and maintenance responsibility of the common open spaces and recreation areas and documentation of this responsibility.

d.

A written agreement with the city providing that should the improvements set forth in the illustration above fail to be completed within 18 months after the initiation of construction, as provided for in subsection (h)(5) of this section, then and in that event the city shall be authorized to provide for the installation of said improvements. The installation of such improvements shall be paid for by utilization of the special assessment process, for such cases made, and the developer so involved shall, as a part of the agreement waive any rights the developer might otherwise have to protest said special assessments.

(3)

The proponents of the PUD project shall secure the final approval for the designated section of the PUD area from the planning commission and the city council.

(4)

Upon approval of the planning commission and the city council, the detailed development plan is attached to and is part of the ordinance establishing the zoning designation of the land. The detailed development plan is the document on which building permits and other city development approvals are issued. The city building official is not authorized to issue permits for improvements which are not indicated on the approved plan.

(5)

Construction of the PUD shall be started within two years from the effective date of approval of the plan by the city council. Failure to begin the development within two years shall automatically void the development plan and another detailed development plan must be submitted and approved prior to any development of the property.

(i)

Amendments. Any change in the detailed development plan shall first be submitted for approval to the city planning commission, and if, in the opinion of the planning commission, such change constitutes substantial alteration of the original plan, especially with regards to a change in land use or an increase in development density or intensity, the procedure provided in subsections (g) and (h) of this section shall be required.

(Ord. No. 928, §§ 16-1501—16-1506, 5-3-2010)

(a)

Amendment.Section 46-216 is hereby adopted to rezone the following described property from R-3 multi family residential to planned unit development district—PUD for Riverpointe Acres and to read as follows:

The following property shall be excluded from other zoning and shall instead be included within a planned unit development district which shall cover the property described as follows:

Lots 1—15 Block 1 and Lots 1—6 Block 2 all in Riverpointe Acres, Wahpeton, Richland County, North Dakota.

This PUD is subject to the following development standards:

(1)

Uses permitted. The following uses are permitted within this PUD:

a.

Personal storage buildings and personal shops;

b.

Seasonal urban vegetable gardens;

(2)

Special exceptions: As authorized by the board of adjustment:

a.

Service shops.

(3)

No lot splits are allowed.

(b)

Dimensional standards.

(1)

Refer to attachment #1 for drainage and setback location.

(2)

Height. The minimum building sidewall shall be ten feet from the top of the interior finished floor to the bottom of rafters at the top of the sidewall. The maximum sidewall height shall not exceed 16 feet measured from the top of interior finished floor to the bottom of the rafters at the top of the sidewall. The maximum height of the building shall be determined by the construction of the roof. Roof pitch shall be four to 12 no more or no less. Eave and gable ends must have a minimum/maximum overhang of 24 inches. Lots 13, 14 and 15 shall have a sidewall of no more or no less than ten feet in height.

(3)

Lot coverage. The minimum building size on the ground floor shall be at least 960 square feet of fully enclosed shop or storage area and may not exceed 3,600 square feet or shop or storage area. Open terraces, patios, enclosed porches, atriums, breeze ways and similar areas are not considered fully enclosed for purposes of defining fully enclosed area. All buildings must be centered upon each lot.

(4)

Lots 1—6 Block 2 shall have a maximum building width of 60 feet.

(5)

All buildings must have a two tone color scheme. The bottom four feet of one color. The upper portion of the walls of one color and the roof of the same color as the bottom four feet. Colors must be chosen from the Metals Sales brochure labeled # 25, 29, 17, 74, or 49. All over head doors, walk in doors and windows shall be of bright white (39).

(c)

Use standards. All uses within this planned unit development shall conform to the following requirements:

(1)

There is no unusual fire, explosion or safety hazard.

(2)

There is no production of noise at any boundary of this district in which such use is located in excess of the average intensity of street and traffic noise at that point.

(3)

There is no emission of smoke in excess of any density described as No. One as measured by a standard Ringelmann Chart as prepared by the United States Bureau of Mines; provided, however, that smoke of a density not in excess of No. Two on a Ringelmann Chart will be permitted for a period not in excess of four minutes in any 30-minute period.

(4)

There is no emission of dust, dirt or toxic or offensive odors or gas.

(5)

There is no activity which produces electrical, electronic or radio frequency interference beyond the boundaries of the property on which the activity is located.

(6)

No livings quarters are allowed.

(d)

Design and aesthetic standards.

(1)

Intent. It is the intent of the design standards and the restrictive covenants as adopted by the owner and developer to create a visual quality and appearance that is not offensive to the public and adjoining owner. To maintain this visual quality and appearance the following standards shall apply:

(2)

Only a one story building shall be allowed on each lot.

(3)

The roof pitch shall be at a four to 12 slope.

(4)

Each structure is to be located upon a permanent foundation and constructed in accordance with the provisions of the applicable city codes governing construction of footings and foundations. Not more than 12 inches of foundation shall be exposed.

(5)

The finished floor of each structure shall be at an elevation of 18 inches above curb, measured at the middle of each lot.

(6)

Exterior finish. All buildings shall have a permanent exterior finish which must be permanently painted metal clad code approved siding exterior. Color shall be of # 25, 29, 17, 74, or 49 from the Metal Sales brochure MS Colorfast 45 or equivalent.

(7)

Enclosed building requirement. All storage, mechanical and shop work must be conducted within a completely enclosed building except for gardening.

(8)

Outdoor storage areas. No outdoor storage allowed.

(9)

City water and sewer connections. All buildings must connect to the City of Wahpeton's water and sewer services upon completion.

(10)

Driveway locations. Driveway locations will be determined by the City of Wahpeton for each lot. Each driveway must be at least the width of the overhead door. Driveways must be concrete.

(e)

Development standards.

(1)

Lots 13, 14 and 15 Block one must be of the same color coordination. Bottom four feet, top six feet and roof. Setbacks must be uniform on these lots.

(2)

Accessory buildings. Accessory buildings are not allowed within this planned unit development.

(3)

Parking and loading. Parking and loading areas shall be provided and must be of concrete.

(4)

Signage. No signs of any kind shall be displayed to the public view on any lot except as follows.

(5)

One sign not more than four feet square identifying the owner.

(6)

One sign not more than six feet square advertising property for sale or rent.

(7)

One sign not more than 25 square feet used by a developer to advertise property during the construction and sale.

(8)

No exterior dumpsters are allowed. Property owners must contract for any waste material services.

(9)

No kennels allowed.

(f)

Changes. This PUD may not be amended except when authorized by the city council.

(Ord. No. 990, 4-16-2018)

Editor's note— Ord. No. 990, adopted April 16, 2018, added provisions intended as § 46-216.1. In order to maintain the numbering style of the code, and at the editor's discretion, said provisions have been added as § 46-216.
Additionally, attachment #1 mentioned herein is not setout. Copies are available at the offices of the city clerk.

(a)

The following property shall be excluded from other zoning, except as otherwise specifically incorporated herein by reference thereto and shall instead, be included within the planned unit development district (PUD) which shall cover the property described as follows:

Lots 1—12, Block 1 and Lots 3—13, Block 2 of Prairie Flats Addition, City of Wahpeton, Richland County, North Dakota.

This PUD is subject to the following development standards:

(1)

Uses permitted. The following uses are permitted within this PUD:

a.

Single family dwelling;

b.

Twin homes.

c.

Multi family dwelling (2—8 units senior housing) on Lots 2 and 3 Block 1 and Lots 3 and 4 Block 2;

d.

Garages and accessory structures;

(2)

Special exceptions: As authorized by the board of adjustment:

a.

Additional driveways.

(b)

Dimensional standards.

(1)

Front yard setback. The minimum front yard setback is 35 feet from the property line.

(2)

Side yard setback. The minimum side yard setback is eight feet. There shall be two side yards on each lot, the residence and garage shall be centered on the lot allowing for equal side yards. Lots 8 and 13 of Block 2 shall be set back 35 feet from both streets.

(3)

Rear yard setback. The minimum rear yard setback is 25 feet.

(4)

Height. The maximum height of the dwelling shall be 35 feet at the roof peak.

(5)

Area regulations. The area regulations shall be as follows;

a.

No subdividing. Except as stated hereafter with the respect to twin homes, no lots may be subdivided nor may a partial transfer of lots be made.

b.

Twin homes. If a twin home is constructed the lot or lots upon which it is located may be subdivided to allow the transfer of ownership.

c.

Orientation of improvements. All improvements consisting of the residence and garage shall be oriented towards the street. All driveways located upon lots shall enter and exit only onto the street in the same direction as the respective improvement.

(c)

Drainage. To provide grading which will divert water away from buildings and prevent standing water and soil saturation detrimental to structures and lot use, the following elevation and grade standards are required:

(1)

Building foundation height: The top of all foundations shall be 27 inches (no more no less) above the street curb located at the front of the property.

(2)

Grade requirements:

a.

Front yard. A straight-line grade shall be maintained from six inches (no more, no less) below the top of the improvement foundation to the street.

b.

Side yard. A straight-line grade shall be maintained from six inches (no more, no less) below the top of the improvement foundation to the side property line.

c.

Rear yard. A straight-line grade shall be maintained from six inches (no more, no less) below the top of the improvement foundation to the rear property line.

d.

Site drainage plan. Grades, elevations, and drainage patterns shall be adhered to as specified in the grading and drainage plan approved by and on file with the City of Wahpeton. Obstructions, encroachments, or violations shall be remedied at the expense of each property owner within 30 days of notification of violation.

(d)

Building size, type, and construction standards.

(1)

Lots. Except as stated hereafter with respect to twin or multi-family homes, each lot shall be restricted to one single family residence with either a two or three car attached garage. Lots shall not be subdivided or combined.

(2)

Building size and type. The following requirements for ground-floor space, not including basements, porches, decks, or garages:

a.

One story. A single-family dwelling with a main floor finished living area of at least 1,400 square feet.

b.

Two story. A single-family dwelling with a finished living area of at least 1,500 square feet, with a main floor finished area of at least 1,000 square feet.

c.

Bi-level/split entry. A single-family dwelling with a finished living area of at least 1,100 square feet on the lowest level.

d.

Split-level/tri-level. A single-family dwelling with at least 700 square feet of finished living area on all levels and 750 square feet of finished living area on the upper level.

e.

Twin home. Twin homes must adhere to the building size and type requirements stated above.

(3)

Construction requirements.

a.

Building type. No solar homes, manufactured homes, geodesic dome homes, log homes, mobile homes, or earth shelter home designs are permitted.

b.

Siding. No log siding, sheet siding, rolled siding or asphalt siding shall be permitted.

c.

Roof pitch and material. Roof pitch shall be at least four to 12, with no rolled roofing material permitted.

d.

No used homes. No dwelling previously occupied at another location shall be moved onto any lot within the subdivision.

e.

Garages. All residences shall include an attached two or three car garage having a minimum width of 22 feet to a maximum width of 38 feet.

f.

Occupancy. No improvement shall be constructed for temporary residential purposes and no portion of the improvement shall be used for residential purposes unless and until full completion of the exterior of the primary structure and a certificate of occupancy is issued by the building official. All exteriors of dwellings including garages and yards shall be substantially completed within six months of the completion of the foundation. No temporary house, garage, outbuilding, trailer home, or other temporary structure shall be erected upon any lot.

(e)

Accessory buildings, landscaping and yard maintenance standards.

(1)

Accessory buildings. Not more than two accessory buildings are allowed on a parcel within this planned unit development.

a.

Location. Accessory structures are not permitted in the front or side yard. Placement shall be a minimum of 12 feet from the rear yard and or eight feet from the side yard property line.

b.

Size. Accessory structure shall not exceed 3,200 square feet in size. The height shall be limited to 25 feet.

c.

Construction. An accessory structure greater than 144 square feet shall be constructed of materials of a similar and complementary color intended to match those of the residence. No construction of an accessory structure may begin until the residence to be located on the same lot is completed. Such a building shall not include dwelling units or living quarters.

(2)

Fences and walls. Fences or walls not exceeding 72 inches in height may be erected between the front building line and rear property line. The top grade of each fence or wall shall be a straight line, point to point, with the finished side of the fence or wall facing out from the subject property improvements.

(3)

Lawns and exterior maintenance. All yards shall be sodded or seeded as soon after completion of construction as weather permits.

a.

Structure exteriors, fences, screening, landscaping, furnishings, and recreational amenities shall be maintained in orderly condition and appearance.

b.

Unobstructed views: Decks, patios, tanks, solar devices, clotheslines, swing sets, towers, structures, dishes or free-standing antenna, wood piles and storage piles shall not be permitted in any front or side yard areas visible from the street.

c.

Vehicle storage. No motor vehicle not in regular use, commercial vehicle, construction or like equipment, recreational vehicle including without limitation: motorhomes, campers, boats, snowmobiles, or motorcycles shall be left parked or trailered on the street or in any driveway or yard unless aesthetically concealed to prevent view from the street.

(4)

Driveways. Driveways shall have a minimum width of 22 feet to a maximum width of 38 feet. Driveways shall be constructed only of concrete or asphalt pavement and no other material. Lots 8 and 13 of Block 2 shall be allowed to have a second driveway.

(5)

Signage. No commercial signs of any kind shall be displayed to the public except one professional sign of not more than 32 square feet advertising the property for sale or rent, or signs used by developers and or real estate professional for the purpose of advertising the property for sale or rent.

(f)

Supplementary regulations.

(1)

Infrastructure and utilities. Property owners are responsible for the construction, installation, and maintenance of all utility services from the property line or utility point of connection to the structure. Utility easements shall be recorded on each lot. Temporary lines are permitted only for construction or emergency repairs.

(2)

Animals. No animals, livestock or poultry of any kind are to be raised, bred, or kept on any lot except dogs, cats and other household pets or service animals as allowed by Ordinance 4-197. No kennels or animal boarding of any kind shall be allowed.

(3)

Prohibited activities. No noxious or offensive trade or activity that may become an unreasonable annoyance to the neighborhood.

(4)

Additional uses: Customary incidental home occupation which is carried on as an accessory use by one or more members of the family residing on the premises, and (a) which shall be carried on wholly within a completely enclosed building, and (b) in the activity, not more than one-half of the floor area of any one floor or basement shall be used, and (c) in the conduct of said activity not more than one person outside the family shall be employed, and (d) such customary home occupation must be in keeping with the character of the neighborhood in which located and must not materially depreciate property values in the immediate area. Such use must also satisfy the regulations prescribed in this PUD.

(g)

Changes. This PUD shall only be amended in accordance with section 46-27 and other applicable ordinances of the City of Wahpeton.

(Ord. No. 1025, 6-7-2021)

(a)

The following property shall be excluded from other zoning, except as otherwise specifically incorporated herein by reference thereto and shall instead, be included within the planned unit development district (PUD) which shall cover the property described as follows:

Lots 1-14, Block 10 of Original Townsite, City of Wahpeton, Richland County, North Dakota.

This PUD is subject to the following development standards:

(1)

Uses permitted. The following uses are permitted within this PUD:

a.

Single family dwelling;

b.

Twin homes.

(2)

Special exceptions: None

(b)

Dimensional standards.

(1)

Front yard setback. The minimum front yard setback is 25 feet from the property line.

(2)

Side yard setback. The minimum side yard setback is five feet. There shall be two side yards on each lot, the residence and garage shall be centered on the lot allowing for equal side yards.

(3)

Rear yard setback. The minimum rear yard setback is 25 feet.

(4)

Height. The maximum height of the dwelling shall be 1½ story (max. 18 feet from top of foundation to the roof peak).

(5)

Area regulations. The area regulations shall be as follows;

a.

No more than two lots may be combined or subdivided to form a larger lot or lots unless it is for the construction of a twin home.

b.

Orientation of improvements. All improvements consisting of the residence shall be oriented towards the street.

c.

Parking and garages shall be oriented towards the alley. All garages shall contain at least two stalls and shall be used only for parking vehicles owned and or leased by the owners, occupants and their guests.

(c)

Drainage. To provide grading which will divert water away from buildings and prevent standing water and soil saturation detrimental to structures and lot use, the following elevation and grade standards are required:

(1)

Building foundation height: The top of all foundations shall be 18 inches (no more no less) above the top of the street curb located at the front of the property.

(2)

Grade requirements:

a.

Site drainage plan. Grades, elevations, and drainage patterns shall be adhered to as specified in the grading and drainage plan approved by and on file with the City of Wahpeton. Obstructions, encroachments, or violations shall be remedied at the expense of each property owner within 30 days of notification of violation.

(d)

Building size, type, and construction standards.

(1)

Lots. Except as stated hereafter with respect to twin homes, each lot shall be restricted to one single family residence with a two car garage. Lots shall not be subdivided or combined.

(2)

Building size and type. The following requirements for ground-floor space, not including basements, porches, decks, or garages:

a.

One story. A single-family dwelling with a main floor finished living area of at least 1,200 square feet.

b.

One and one-half story. A single-family dwelling with a finished living area of at least 1,500 square feet, with a main floor finished area of at least 1,000 square feet and upper floor area of at least 500 square feet.

c.

Twin home. Twin homes must adhere to the building size and type requirements stated above.

(3)

Construction requirements.

a.

Building type. No solar homes, manufactured homes, geodesic dome homes, log homes, mobile homes, or earth shelter home designs are permitted.

b.

Siding. No log siding, sheet siding, rolled siding or asphalt siding shall be permitted.

c.

Roof pitch and material. Roof pitch shall be at least six to 12, with no rolled roofing material permitted.

d.

No used homes. No dwelling previously occupied at another location shall be moved onto any lot within the block.

e.

Garages. All residences shall include a two car garage having a minimum width of 22 feet.

f.

Occupancy. No improvement shall be constructed for temporary residential purposes and no portion of the improvement shall be used for residential purposes unless and until full completion of the exterior of the primary structure and a certificate of occupancy is issued by the building official. All exteriors of dwellings including garages and yards shall be substantially completed within six months of the completion of the foundation. No temporary house, garage, outbuilding, trailer home, or other temporary structure shall be erected upon any lot.

(e)

Accessory buildings, landscaping and yard maintenance standards.

(1)

Accessory buildings. Not more than one accessory building is allowed on a parcel within this planned unit development.

a.

Location. Accessory structures are not permitted in the front or side yard. Placement shall be a minimum of three feet from the rear yard and or five feet from the side yard property line.

b.

Construction. An accessory structure greater than 144 square feet shall be constructed of materials of a similar and complementary color intended to match those of the residence. No construction of an accessory structure may begin until the residence to be located on the same lot is completed. Such a building shall not include dwelling units or living quarters.

(2)

Fences not exceeding 72 inches in height may be erected between front building line and rear property line. The finished side of the fence or wall facing out from the subject property improvements.

(3)

Lawns and exterior maintenance. All yards shall be sodded or seeded as soon after completion of construction as weather permits.

a.

Structure exteriors, fences, screening, landscaping, furnishings, and recreational amenities shall be maintained in orderly condition and appearance.

b.

Unobstructed views: Decks, patios, tanks, solar devices, clotheslines, swing sets, towers, structures, dishes or free-standing antenna, wood piles and storage piles shall not be permitted in any front or side yard areas visible from the street.

c.

Vehicle storage. No motor vehicle not in regular use, commercial vehicle, construction or like equipment, recreational vehicle including without limitation: motorhomes, campers, boats, snowmobiles, or motorcycles shall be left parked or trailered on the street or in any driveway or yard.

(4)

Driveways. Driveways shall have a minimum width of 22 feet to a maximum width of 32 feet. Driveways shall be constructed only of concrete or asphalt pavement and no other material.

(5)

Signage. No commercial signs of any kind shall be displayed to the public except one professional sign of not more than 32 square feet advertising the property for sale or rent, or signs used by developers and or real estate professionals for the purpose of advertising the property for sale or rent.

(f)

Supplementary regulations.

(1)

Infrastructure and utilities. Property owners are responsible for the construction, installation, and maintenance of all utility services from the property line or utility point of connection to the structure. Utility easements shall be recorded on each lot. Temporary lines are permitted only for construction or emergency repairs.

(2)

Animals. No animals, livestock or poultry of any kind are to be raised, bred, or kept on any lot except dogs, cats and other household pets or service animals as allowed by Ordinance 4-197. No kennels or animal boarding of any kind shall be allowed.

(3)

Prohibited activities. No noxious or offensive trade or activity that may become an unreasonable annoyance to the neighborhood.

(4)

Additional uses: Customary incidental home occupation which is carried on as an accessory use by one or more members of the family residing on the premises, and (a) which shall be carried on wholly within a completely enclosed building, and (b) in the activity, not more than one-half of the floor area of any one floor or basement shall be used, and (c) in the conduct of said activity not more than one person outside the family shall be employed, and (d) such customary home occupation must be in keeping with the character of the neighborhood in which located and must not materially depreciate property values in the immediate area. Such use must also satisfy the regulations prescribed in this PUD.

(g)

Changes. This PUD shall only be amended in accordance with this chapter and other applicable ordinances of the City of Wahpeton.

(Ord. No. 1026, 8-16-2021)