All buildings designated by the city council constructed after the original adoption of the ordinance from which this chapter is derived shall provide municipal sanitary and water supply before a zoning and use registration permit will be issued.

(Rev. Ords. 1986, § 16-410)

(a)

In residence districts, no building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum of 50 feet. In commercial and industrial districts, no building shall exceed 80 feet in height, provided that such height limits may be exceeded when authorized by the board of adjustment. Structures supporting utility facilities are exempted from the provisions of this section.

(b)

Residential buildings over two stories in height shall have a side yard setback of one foot plus the height of the building from the finish grade to the peak of the roof. No other building shall be constructed in the side yard setbacks.

(Rev. Ords. 1986, § 16-1120; Ord. No. 709, 7-18-1994)

(a)

Accessory building requirements in single-family or two-family residential districts.

(1)

Accessory buildings shall be located in the rear yard only and not exceed 40 percent of the rear yard lot. The rear yard lot is a yard extending the full width of the lot and situated between the rear line of the principal building and the rear lot line.

(2)

No more than two accessory buildings shall be allowed per lot.

(3)

For lots consisting of less than one acre, accessory structures shall not exceed 1,200 square feet and in no case shall an accessory building be larger than the first floor square footage of the main building that is on the property. The square footage is calculated by measuring the outside walls of the main building.

(4)

For lots consisting of one acre or more, accessory structures shall not exceed 2,500 square feet.

(5)

Accessory detached garages shall not exceed 15 feet in height at midpoint of the roof. Height is measured from the floor level of the structure.

(6)

Accessory buildings larger than 144 square feet shall be constructed of similar exterior materials and shall be the same color and exterior design as the main building on the property.

(7)

Accessory buildings with no rear yard access to public right-of-way shall have a minimum rear yard setback of five feet from the lot line.

(b)

Special exceptions (board of adjustment). Special exception to the accessory building square footage requirements may be authorized by the board of adjustment, as follows:

(1)

Accessory detached garages shall not exceed 20 feet in height at midpoint, height is measured from the floor level.

(2)

Accessory structures for lots consisting of not less than two acres shall not exceed 4,000 square feet.

(Ord. No. 913, § 16-1103, 10-6-2008; Ord. No. 1007, 8-5-2019)

(a)

Regulations. Fences or walls not exceeding 30 inches in height may be erected on any part of a lot in any "R" residential zone district except as further regulated on corner lots, between the front lot line and the front building line for structures, and on any other part of the lost may be erected to a height not exceeding six feet. The height of such walls or fences shall be determined by measurement from the ground level at the lowest grade level within three feet on either side of such fences or walls. Any fence or wall more than six feet in height shall be considered a structure. If an "R" residential lot faces into a "B" business or an "I" industrial zone district, the height of the fence or wall in front of the building line for structure may be four feet high.

(b)

Corner lots. On corner lots, that part of a backyard fence or wall which extends to the side property line may be five feet high.

(Rev. Ords. 1986, §§ 16-1141, 16-1142)

(a)

Accessory building. A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use. Such a building shall not include dwelling units or living quarters.

(b)

Accessory buildings shall not exceed 40 percent of the rear yard lot. The rear yard lot is a yard extending the full width of the lot and situated between the rear line of the principal building and the rear lot line.

(c)

No more than two accessory buildings shall be allowed per lot.

(d)

Accessory structures shall not exceed 1,200 square feet and in no case shall an accessory building be larger than the first floor square footage of the main building that is on the property. The square footage is calculated by measuring the outside walls of the main building.

(e)

Accessory detached garages shall not exceed 15 feet in height. Height is measured from the floor level of the structure to the peak of the roof.

(f)

Accessory buildings larger than 144 square feet shall be constructed of similar exterior materials and shall be the same color as the main building on the property.

(g)

Accessory buildings with no rear yard access to public right-of-way shall have a minimum rear yard setback of three feet.

(Ord. No. 888, § 16-300.1, 2-20-2007; Ord. No. 914, 8-18-2008)

All lots shall abut a public street for the required frontage in the district which it is located; one single-family dwelling may utilize a private easement of not less than 20-feet wide and abutting upon a public street, if approved by the zoning board of adjustment.

(Rev. Ords. 1986, § 16-450)

(a)

On any corner lot at a street intersection which has some form of traffic controls in all districts, there shall be no obstructions to traffic visibility within the clear sight triangle which is formed by the intersection of the centerline of two intersecting streets and a straight line joining the two said centerlines at points 55 feet distant from their point of intersection.

(b)

On any corner lot at a street intersection which does not have any form of traffic control in all districts, there shall be no obstructions to traffic visibility within the clear sight triangle which is formed by the intersection of the centerline of two intersecting streets and a straight line joining the two said centerlines at points a given number of feet distant from their point of intersection. The distance from this point of intersection are given on the following table for various speeds in miles per hour of enforced speed limit:

DISTANCE MEASUREMENT
FOR CLEAR SIGHT TRIANGLE

(Rev. Ords. 1986, § 16-460)

The side yard facing the street shall be the same as the front yard requirements for those lots to the rear of said corner lot abutting on the intersecting street.

(Rev. Ords. 1986, § 16-470)

No lot shall be sold, divided or set off in such a manner that either the portion sold, divided or set off, or the portion remaining, shall be less than the minimum size prescribed by the regulations relating to the district in which it is situated.

(Rev. Ords. 1986, § 16-480)

Notwithstanding anything in this chapter to the contrary, an adult entertainment center shall be permitted only in the industrial zoning district and in no other district, and then only if the adult entertainment center meets the following conditions:

(1)

The adult entertainment center is located no closer than 500 feet from any pre-existing church, school, residential zoning district, nursery, preschool, place of worship, park, swimming pool, any child daycare facility, recreation center, bike paths excluded, or youth athletic facility.

(2)

The adult entertainment center excludes from its premises those persons less than 18 years of age.

(3)

The adult entertainment center displays no signs visible from the exterior of the center, except for signs identifying the center as an adult store and hours of operation.

(4)

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

(5)

The manager and the owners of the center are registered with the chief of police and have provided the chief of police with their complete name, address, date of birth, social security number, driver's license number, and any prior criminal offenses within the last five years that consist of the following crimes:

a.

Section 26-34, sexual assault.

b.

Section 26-208, fornicating.

c.

Section 26-209, indecent exposure.

d.

Section 26-181, disorderly conduct.

e.

Section 26-233, prostitution.

f.

Section 26-37, window peeping.

g.

N.D.C.C. § 12.1-27.1-03.1, objectionable materials or performance-display to minor.

(6)

The business premises of the adult entertainment center which are generally open to its patrons are equally open at the same time without charge to members of the city police force who may wish to enter thereon provided the entry is in the court of the discharge of the police officer's duties.

(Ord. No. 878, 4-17-2006)

In conjunction with any principal building hereafter erected or any use of land hereafter established, there shall be provided on the same lot therewith sufficient parking spaces to meet the minimum requirements specified herein with the exceptions of those uses occurring in the B-1 central business district zone.

(1)

Auditorium, assembly halls, dance halls, theaters, gymnasiums, and skating rinks: one space for each four seats or bench seating capacity.

(2)

Automatic car wash: ten spaces for each washing bay. Five spaces for do-it-yourself car wash.

(3)

Boardinghouse, roominghouse or lodginghouse: one space for each sleeping room.

(4)

Bowling alleys: four spaces per each lane.

(5)

Church: one space for each five seats in the main seating area.

(6)

Community center, library, museum or art gallery: ten spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.

(7)

Dwellings.

a.

One- and two-family dwellings: one space for each dwelling unit.

b.

Multiple-dwellings and apartments: two spaces for each dwelling unit.

(8)

Fraternity or sorority: one space for each bed or one space for each student and advisor maintaining overnight accommodations.

(9)

Home occupation: one space per dwelling unit plus three spaces for each 200 feet of floor area devoted to said home occupation.

(10)

Hospital, sanitarium, home for the aged, nursing home or similar institution: one space for each three beds, plus one for each two employees.

(11)

Hotel: one space for each three sleeping rooms or suites, plus one space for each 200 square feet in commercial floor area contained therein.

(12)

Industrial and/or manufacturing: one space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles use in connection therewith.

(13)

Motel, tourist home or cabin court: one space for each sleeping room or unit.

(14)

Offices, professional agencies, banks, medical or dental clinics: three spaces plus one additional parking space for each 400 square feet of floor area over 1,000 square feet.

(15)

Private club or lodge: one space for every 200 square feet of building area.

(16)

Restaurant, night club, cafe or similar recreation or amusement establishment: one space for each 100 square feet of floor area.

(17)

Retail store establishment: one space for each 200 square feet of floor area.

(18)

Personal service establishment: one space for each 400 square feet of floor area.

(Rev. Ords. 1986, § 16-1100)

(a)

The parking space requirement for a use not specifically mentioned herein shall be the same as required for use of a similar nature.

(b)

Whenever a building erected or established after the effective date of the original ordinance from which this chapter is derived is enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing spaces, such spaces shall be provided on the basis of expansion or change.

(c)

Whenever a building existing prior to the effective date of the original ordinance from which this chapter is derived is enlarged to the extent of 50 percent or more in floor area, said building or use shall then and thereafter comply with the parking requirements set forth herein.

(d)

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by change or enlargement or use, or where such spaces are provided collectively or used jointly, by two or more buildings establishment of the required spaces may be located not to exceed 400 feet therefrom.

(e)

(1)

Not more than 50 percent of the parking spaces required for theaters, bowling alleys, dance halls, night clubs or cafes; and

(2)

Up to 100 percent of the parking spaces required for a church or school auditorium;

may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments, and other similar uses not normally open, used or operated during the same hours as those listed in subsections (e)(1) and (e)(2) of this section.

(f)

Front yard parking. No off-street parking shall be permitted in the required minimum front yard of any residential district on a seasonal basis between April 1 and October 31 of each year, as well as at any additional times dependent on weather as determined by the chief of police in his sole discretion.

(1)

Exceptions. Lots with 50 feet or less of street frontage and no alley access or on-street parking may install one additional improved parking space in the front yard in a residential district in accordance with the city's policy for design and placement of residential driveways.

(g)

Off-street parking spaces provided on other than same property as the use is located shall be permitted only in such district permitting parking as a use. Such separate parking spaces shall be maintained as long as the principal building or uses are maintained.

(Rev. Ords. 1986, § 16-1101; Ord. No. 1006, 10-7-2019)

(a)

In business districts, no parking space or access thereto, except entrance or exit drives as limited in this section, shall be within five feet of a street or lot line. Entrance or exit drives connecting the parking area and the street shall be permitted within the five foot strip required by this subsection; provided:

(1)

Such drives shall not exceed 15 feet in total aggregate width for each 50 feet of street line abutting such lot, but in no case exceeding 40 feet in total aggregate width for each street line upon which a lot abuts.

(2)

Such drives shall have at least 60 feet of unobstructed vision in both directions along the street unto which the drive enters measured from the centerline of the drive at the point where it enters the street, and the centerline of such drive shall be at least 60 feet from the centerline of any street intersecting the street onto which the drive enters.

(3)

Such drives shall have on each side a triangular area formed by the intersection of the driveway line, the street line and a straight line joining said lines at points 30 feet distant from their point of intersection. Within such triangular area, no parking or loading or unloading shall be permitted, nor shall there be any obstruction to traffic visibility.

(b)

In industrial districts, no parking space or access thereto, except entrance or exit drives as limited in this section, shall be within five feet of any lot line. Entrance or exit drives connecting the parking and the street shall be permitted within the five-foot strip required in subsection (a) of this section; provided these drives meet the requirements as specified in subsections (a)(1) through (a)(3) of this section.

(Rev. Ords. 1986, § 16-1102)

Off-street loading and unloading space with proper access from a street or alley, and with at least 14 feet of vertical clearance shall be provided, either within or outside the building to adequately serve the use on the lot. All off-street loading and unloading spaces shall have an all-weather surface to provide safe and convenient access and use during all seasons.

(Rev. Ords. 1986, § 16-1110)

The city council shall adopt regulations which shall be considered an extension of this article and shall, after approval as hereafter provided, have the full force and effect as if included herein in its entirety. Such regulations shall be known as the city sign code which shall not be effective until approved by the city council after a public hearing shall be conducted by the city council, which notice thereof shall have been published in the official newspaper of the city at least ten days prior to the date of the hearing. Amendments of the city sign code shall be accomplished in the same manner as the adoption of the initial code. The city council may also submit the original code and any amendments proposed thereto to the planning commission for its recommendation. A copy of the sign code and the amendments thereto shall be kept in the office of the city building inspector and be made available for public inspection at any reasonable time.

(Ord. No. 902, § 16-1130.1, 12-3-2007)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign structure in the city's zoning and extra territorial zoning area and jurisdiction, or cause the same to be done, contrary to or in violation of any of the provisions of this Code.

(1)

The failure to purchase a permit before placing a sign.

(2)

The failure to affix permit tag to sign.

(3)

The failure to remove a sign when permit has expired.

(4)

The failure to follow through with annual permit requirements.

(5)

The failure to have sign permanently marked with the name and address of the sign owner.

(6)

The failure to maintain sign in good condition.

(7)

The failure to comply with electrical requirements of this Code.

(8)

The failure to remove a sign not displaying copy.

(9)

The placement of a sign on public right-of-way.

a.

Any violation of this division shall be an infraction for which a maximum fine of $100.00 per day of the sign is in violation, not to exceed $500.00. A second and subsequent violation and/or a violation exceeding five days shall be a misdemeanor punishable by a fine not exceeding $1,000.00, imprisonment of 30 days or both such fine and imprisonment and each such person violating this division shall be deemed guilty of a separate offense for each and every day during which any violation under the provisions of this division is committed, continued or permitted.

b.

The city may seek such other city remedies as are permitted by the city's ordinances and state law including abatement and injunctive relief for enforcement of this division.

This division is being adopted pursuant to article 3 of the Charter.

(Ord. No. 902, § 16-1130.2, 12-3-2007)