(a)

A zoning use permit shall be issued for the principal building before one shall be issued for an accessory building.

(b)

Occupancy of an accessory building shall be allowed for a maximum period of one year only, prior to beginning construction of the principal building.

(Rev. Ords. 1986, § 16-420)

The board of adjustment may recommend a variance to permit the conversion of any building into a two-family or multiple-family dwelling in any permissible residential district; provided that the lot area per family shall not be reduced thereby to less than the lot area required for such conversion in each of the respective residential districts, and provided further that such conversion is in accordance with the applicable health code.

(Rev. Ords. 1986, § 16-430)

(a)

The purpose of this section is to protect children who may be attracted to these establishments and to prevent and control detrimental secondary effects including, but not limited to, increased crime, decreased property values, noise, and litter, upon neighboring properties and existing and proposed land uses in the general areas.

(b)

Permitted uses. The following adult entertainment uses shall be restricted to locations within the Industrial Zoning District under certain conditions and limitations:

(1)

Adult bookstore;

(2)

Adult entertainment center;

(3)

Adult novelty store; and

(4)

Adult video store.

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

In any district where permitted, a service station shall be subject to the following regulations:

(1)

The area for use by motor vehicles, except access drives thereto, as well as any structure, shall not encroach on any required yard area.

(2)

No fuel delivery pump shall be located within 20 feet from any side lot line nor within 35 feet of any right-of-way line and no fuel pump shall be located within 50 feet of the side or rear lot line which lies next to a residence.

(3)

All major repair work shall be done within a completely enclosed building.

(Rev. Ords. 1986, § 16-1150)

(a)

Minimum lot area. The minimum lot area shall be one acre and the access and egress shall be located not closer than 30 feet to the side lot lines. The setback of any structure shall be 50 feet from the front lot line on the street on which the property fronts.

(b)

Yard requirements. A minimum of 25 feet shall be provided for both side yards and a 30-foot rear yard shall be provided.

(c)

Lot area per unit. A minimum of 1,000 square feet shall be required for each bedroom unit on the ground floor and 500 square feet for each unit above the first floor level.

(d)

Parking, height and sign regulations. See sections 46-266, 26-286 and 26-235.

(Rev. Ords. 1986, § 16-1161)

In the case of a designed residential subdivision or group housing of two or more buildings to be constructed on a plot of ground, not subdivided into the customary streets and lots, and which will not be so subdivided or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual building units in such group housing, the application of the term of this chapter may be varied by the board of adjustment in a manner which will be in harmony with the character of the neighborhood; however, in no case shall the board of adjustment authorize a use prohibited in the district in which the housing is to be located, or a smaller area per dwelling unit than the minimum required in such district, or a greater height that the requirements of this chapter permit in such a district.

(Rev. Ords. 1986, § 16-1180)

(a)

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

Child day care center means as defined by chapter 75-03-10, North Dakota Administrative Code.

Preschool educational facilities means as defined by chapter 75-03-11, North Dakota Administrative Rules.

Residential family child day care home means as defined by chapter 75-03-08, North Dakota Administrative Rules.

Residential group child care home means as defined by chapter 75-03-09, North Dakota Administrative Code.

Registered child care provider means an occupied residence in which early childhood services are provided for no more than five children at any one time and may also be referred to as self-certified.

School age child care center means as defined by chapter 75-03-11.1, North Dakota Administrative Code.

(b)

Adoption requirements.

(1)

A child day care center, preschool educational facilities and/or a school age child care center shall comply with all of the following requirements:

a.

A special use permit shall be required for operation.

b.

A certificate of occupancy shall be obtained from the building official, who shall inspect each such building. This certificate of occupancy is on a one-time fee per location per operator basis for a fee as established by resolution adopted by the city council.

(2)

A residential family child day care home, residential group child care home or registered child care provider shall comply with all of the following additional requirements:

a.

A certificate of occupancy shall be obtained from the building official, who shall inspect each such building. This certificate of occupancy is on a one-time fee per location per operator basis for a fee as established by resolution by the city council.

b.

Any of the types of child care providers in this section which provide services for eight or more children shall obtain a special use permit.

(3)

Any certificate of occupancy and/or special use permit granted under this chapter shall be to the property and licensed operator only and are nontransferable to any other site or person.

(4)

The building official may, in the building official's discretion, call for further inspection by the city fire inspector, the county health department or county social service office if the safety or sanitation of the home appears to be questionable prior to the issuance of the certificate of occupancy.

(c)

Applicable classifications. The provisions of this section shall apply to all zoning classifications provided for in this chapter. Child day care centers, preschool educational facilities and school age child care centers are permitted uses in any district; residential family child day care homes, residential group child care homes and registered child care providers are permitted uses in any residentially zoned area.

(d)

Grandfather clause. All child day care centers, preschool educational facilities, school age child care centers, residential family child day care homes, residential group child care homes and registered child care providers which are licensed by the state and/or county social services at the date of enactment of the ordinance from which chapter is derived are hereby grandfathered in so far as being required to obtain a special use permit.

(Rev. Ords. 1986, §§ 16-1190—16-1194; Ord. No. 846, 8-4-2003)

Child day care centers, preschool educational facilities, residential group child care homes and school age child care centers may be authorized by the board of adjustments as special exceptions in Business B-1 Central, Business B-2 Heavy, Business B-3 Highway, Industrial I-1, Industrial I-2, Industrial I-3 and Agricultural Districts. All such child care entities or structures shall be subject to the provisions set forth in subsections 46-142(c)(9) and 46-313(a) through (c).

(Ord. No. 857, 12-20-2004)

(a)

This type of development is designed to provide for the appropriate development of a modern, well-designed, integrated retail shopping center. The district is established as a district which the principal use of land is for commercial and service uses to serve surrounding trade area and in which traffic and parking congestion can be reduced to a minimum in order to preserve residential values and promote the general welfare of the surrounding area. Among other things, the shopping center shall be comprised of:

(1)

A group of integrated buildings within which retail trade and related service activities shall wholly be conducted;

(2)

Convenient, safe and adequate vehicular and pedestrian accessways; and

(3)

Safe and adequate off-street parking and loading facilities.

(b)

Consistent with the general purposes of this chapter, the specific intent of this article is to:

(1)

Encourage the construction of, and continued use of, land for neighborhood commercial and service purposes;

(2)

Prohibit residential and industrial use of the land, and any other use which would substantially interfere with the development and continuation of commercial structures and activities in the district;

(3)

Discourage any use which, because of its character, would interfere with the use of the land in the district as a shopping and service center for surrounding residential districts;

(4)

Ensure the safety and convenience of traffic movement, both within the shopping center included in the plan in relation to access streets; and

(5)

Ensure a harmonious and beneficial relationship between the shopping center and the contiguous land and adjacent neighborhoods.

(Rev. Ords. 1986, § 16-1170)

(a)

The city council, following review and recommendation by the city planning commission, may authorize as an amendment to the zoning map, the designation of an area as a shopping center district for the location of an integrated business center, subject to the regulations of this article and any other pertinent provisions of this chapter. The total area to be developed for commercial purposes and to be included in the proposed amendment shall be not less than five acres in size, and shall adjoin at least one major road.

(b)

Application requirements. The application for permit shall be accompanied by the following information:

(1)

A plan for the integrated development of the total area to be included in the shopping center which shall be drawn to scale and shall include, among other things:

a.

The location boundaries, dimensions, and ownership of the land to be included in the shopping center district.

b.

The location, use and ground area of each proposed building and existing structures.

c.

The location, dimensions, arrangement, and designation of all open spaces, yard, accessways, entrances, exits, off-street parking facilities, loading and unloading facilities, pedestrian ways, and buffer strips.

d.

The design of buffer areas and screening devices to be maintained, including the arrangement of all areas devoted to planting, lawns, tees, or similar purposes.

(2)

A description of the provisions made for sewage and waste disposal, water supply and storm water drainage, including a suitable contour map of the area.

(3)

Information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement to the highways adjoining the shopping center and to ensure proper circulation within the center. These arrangements may include provisions for necessary signalization, channelization, turn lanes, right-turn runoff lanes, added highway width, adequate warning signs, and adequate storage area and distribution facilities within the center to prevent backup of vehicles on public streets.

(4)

An economic study or marketing analysis sufficient to indicate the general economic feasibility of the proposed shopping center.

(5)

Sufficient data, in all instances, required by the city council and the planning commission to judge the effectiveness of the design and the character of the entire business center, its compliance with the requirements of this article, and to consider properly such things as its relationship to surrounding areas, anticipated traffic, public health, safety, and welfare.

(c)

Although portions of the project may be planned for completion in successive stages, a complete plot plan for the entire project shall be submitted to and approved by the city council prior to the issuance of zoning permits and the beginning of any construction.

(Rev. Ords. 1986, § 16-1171)

(a)

A building or combination of buildings may be erected or used, and the lot area may be used or occupied, for any of the following purposes and no other; provided that:

(1)

In no case shall dwelling, apartment, or other residential use be permitted, except for living quarters for watchmen or caretakers; and

(2)

In no case shall any processing activity be permitted unless such processing is located not less than 25 feet from the front of the building and is effectively screened from the front of the building and is effectively screened from the front portion of the building by a wall or partition.

(b)

The permitted uses are as follows:

(1)

Store for retail purposes only, including retail outlet or showroom for uses permitted in this district, provided that no goods shall be displayed on the exterior of the premises.

(2)

Restaurant or tea room.

(3)

Professional, business, administrative, finance, insurance and governmental offices.

(4)

Bank.

(5)

Personal service shops, dealing directly with customers: beauty parlor, barbershop, clothes cleaning or pressing agency (not to include cleaning and dyeing plant); shoe repair shop, dressmaking, millinery, automatic self-service laundry, or similar shop.

(6)

Indoor theater, radio, and television studios.

(7)

Assembly hall or community building; indoor recreational establishment; library, child day center; municipal use.

(8)

Bakery, pastry, candy, confectionery, ice cream, or custom shop, provided that all products are sold at retail on the premises.

(9)

General servicing or repair shop, such as: watch or clock repair, radio or television repair, or home appliance repair.

(10)

Manufacturing display room, or retail outlet.

(11)

Frozen food locker, for storage only.

(12)

Passenger station, electric substation, telephone and telegraph office.

(13)

Accessory use customarily incidental to any of the uses listed in subsections (b)(1) through (12) of this section.

(14)

Motor vehicle service station and any use of the same general character as any of the above permitted uses, when authorized as a special exception by the board of adjustment, provided that such use shall be permitted subject to such reasonable restrictions as the board may determine.

(15)

Signs when erected and maintained in accordance with provisions of article IV, division 3 of this chapter.

(Rev. Ords. 1986, § 16-1172)

(a)

The proposed development shall be constructed in accordance with an overall plan, shall be designed as a single architectural scheme with appropriate landscaping, and shall provide initially for the construction of either a minimum of 8,000 square feet of ground floor area; or a minimum of six of the permitted uses listed in subsection 46-336(b).

(b)

The total site size shall be not less than five acres.

(c)

All buildings shall be arranged in a group, and the distance at the closest point between any two buildings, groups of attached buildings, shall be not less than 15 feet.

(d)

No building shall exceed 35 feet in height.

(e)

No building, or permanent structure other than a permitted freestanding sign, shall be erected within 75 feet of a major road, or within 50 feet of any other street or property line.

(f)

No more than 20 percent of the lot area shall be occupied by buildings.

(g)

Not less than three square feet of automobile parking space, exclusive of driveways and maneuvering areas and with suitable access shall be provided for each square foot of floor area devoted to selling and patron use.

(h)

Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines of the shopping center, shall be physically separated from public streets by a buffer strip or other effective and suitable barrier against unchanneled motor vehicle access or egress, and shall have not more than two accessways to any on public street, unless unusual circumstances demonstrate the need for additional access points. All such areas shall be arranged to facilitate proper and safe internal circulation and shall be paved with dust-free all-weather surface.

(i)

All accessways to a public street or highway shall be located at least 200 feet from the intersection of any street lines, and shall be designed in a manner conducive to safe ingress and egress. Where practicable, exits shall be located on a major rather than a minor street.

(j)

Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel, and other service vehicles shall be adequate in size, and shall be so arranged that they may be used without blockage, or interference with the use of accessways or automobile parking facilities.

(k)

Along each side or rear property line which adjoins existing residences or a residence district, a buffer planting strip shall be provided which shall be not less than 30 feet in width, and on which shall be placed shrubbery, trees, or other suitable plantings sufficient to constitute an effective visual screen. Along each street line bounding the district, a 20-foot buffer strip shall be provided, suitably landscaped except for necessary sidewalks and accessways. Nothing herein provided shall prohibit the erection of a suitable fence or wall on the required buffer area.

(l)

All parking, loading, access and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway and adjoining property from direct glare or hazardous interference of any kind. All utility lines servicing the area shall be placed underground.

(m)

The proposed shopping center shall be served by public water and sanitary sewer facilities if available within a reasonable distance to the site.

(n)

The city council may prescribe more restrictive conditions, or any further reasonable conditions deemed appropriate with respect to the suitability of the shopping center in the neighborhood. Adequate guarantee shall be given prior to approval of the plan, to ensure that the minimum conditions enumerated in this section are, or will be, fully complied with.

(o)

Pedestrian safety islands shall be required at the end of alternate parking bays if such bays are more than 200 feet in length. Such islands shall be landscaped and designed in such a manner as to provide a safe area for pedestrians to wait prior to crossing vehicular traffic lanes. Each safety island shall be at least 300 square feet in area.

(Rev. Ords. 1986, § 16-1173)

Permits issued pursuant to this article shall automatically expire one year from the date of issuance thereof unless construction other than excavation has commenced within such one-year period.

(Rev. Ords. 1986, § 16-1174)