Chapter 17 - Zoning

 

CHAPTER SEVENTEEN 

Z
ONING

LAND USE PLANNING

ARTICLE 1 - Planning and Zoning Commission

17.0101 Planning Commission Created

There is hereby created a planning commission consisting of the City Council and the Mayor.  The city superintendent and city attorney shall be ex-officio members thereof.

17.0102 Terms, Compensation, Meetings

The terms of the members, their compensation, and meetings shall be as provided by Chapter 40-48 NDCC.

17.0103 Ex-Officio Zoning Commission

The planning commission shall also serve as the zoning commission of the City to hold hearings, make reports and recommendations as to the boundaries of the various original districts and appropriate regulations to be enforced therein, and for changes in or supplements thereto.

ARTICLE 2 - Definitions

17.0201  Definitions

For the purpose of this chapter the following words and phrases shall have the meanings herein given:

       1.      "Accessory Use or Building" is a subordinate use or building customarily incident to and located on the same lot with the main use or building.

       2.      "Alterations" as applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

       3.      "Building" is a structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property, including tents, lunch wagons, dining cars, camp cars, trailers, and other roofed structure on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes.  For the purposes of this definition "roof" shall include an awning or other similar covering, whether or not permanent in nature.

       4.      "Building Line", is the line between which and the street line or lot line no building or other structure or portion thereof, except as provided in the Code, may be erected above the grade level.  The building line is considered a vertical surface intersection the ground on such line.

       5.      "Dwelling: is a building designed or used as the living quarters for one or more families.

       6.      "Dwelling House" is a detached house designed for and occupied exclusively as the residence of not more than two families each living as an independent housekeeping unit.

       7.      "Dwelling Unit" is one or more rooms providing complete living facilities for one family, including equipment for cooking, or provisions for the same, and including room or rooms for living, sleeping and eating.

       8.      "Dwelling, Multi-Family", is a dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities for both.

       9.      "Family" is a single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond as distinguished from a group occupying a board house, lodging house, club, fraternity or hotel.

      10.      "Garage, Private" is a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.

      11.      "Lot" is a parcel of land occupied or capable of being occupied by one building, and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.

      12.      "Non-conforming Use" is a building, structure or use of land existing at the time of the enactment of this chapter, and which does not conform to the regulations of the district in which it is located.

      13.      "Setback Building Line" is a building line back of the street line.

      14.      "Structure" is anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs, billboards, fences or walls used as fences.

      15.      "Use" is the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

      16.      "Yard" is an open space other than a court, on a lot. unoccupied and unobstructed form the ground upward, except as otherwise provided in this chapter.

      17.      "Yard, Front" is an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.

      18.      "Yard, Rear" is an open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

      19.      "Yard, Side" is an open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard.  Any lot line not a rear line or a front line shall be deemed a lot line.

ARTICLE 3 - Establishment of Districts

17.0301  Use and Area Districts Established

For the purposes of this Chapter, the City is hereby divided into use districts and area districts as provided hereafter.

17.0302  Maps and Boundaries

The City, by this ordinance, extends the application of a city's zoning regulations to any quarter quarter section of unincorporated territory the majority of which is located within the following distance of the city limits:  1 mile.

The boundaries of these districts are hereby established as shown on a map entitled "The Zoning Map of the City of Lakota" which is on file in the office of the city auditor which map with all explanatory matter thereon shall be deemed to accompany, be, and is hereby made a part of this Chapter.

17.0303  Annexed Property

Property which has not been included within a district and which has become a part of the City by annexation shall automatically be classified as lying and being in the Lakota residential district until such classification has been changed by an amendment to the Zoning Ordinances as prescribed by law.

ARTICLE 4 - Application of Regulations

17.0401  Application of Regulations

Except as provided in this Chapter:

      1.      Conformity of Buildings and Land.  No building, structure, or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district, as shown on the official map, in which it is located.

      2.      Conformity of Buildings.  No building, structure or premises shall be erected, altered or used so as to produce smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for such building, structure or premises for the district in which it is located.

      3.      Conformity of Open Spaces.  No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under this chapter.

 17.0405 BUILDINGS FOR HUMAN HABITATION

 Any building or structure to be used as a dwelling for human beings to be placed or constructed in the City of Lakota after passage of this ordinance shall meet the following criteria before a permit is issued.

 (A) The structure built to be used as a dwelling when completed will have at least (720) square feet of living area.  Living area shall be defined as enclosed area, exclusive of garage or unfinished portions.  The dwelling must be on a permanent foundation or blocks with footings with reinforced concrete with a depth of not less than 36 inches below the surface of the ground.

 (B)  No single wide mobile homes will be permitted to be moved inside the City Limits of the City of Lakota, North Dakota.

  1. No single wide mobile home that is currently placed in the City Limits of the City of Lakota may be moved to another location in the City Limits of the City of Lakota.  
  2. (C)  No manufactured home, double wide home or modular home which has been previously condemned may be moved inside the City Limits of Lakota, North Dakota.  No modular home or manufactured home that is older than 5 years may be moved inside the City Limits of Lakota, North Dakota. All modular homes double wide, and manufactured homes must be on a permanent foundation or blocks with footings with reinforced concrete with a depth of not less than 36 inches below the surface of the ground.  When requesting a permit, the applicant must bring in front of the City Council the following:
  1. A copy of the title to modular, double, or manufactured home, as record of year and model.
  1. Pictures of each side of modular, double, or manufactured home, pictures of all four sides (floor and ceiling) of each interior room.
  1. Plans for permanent foundations, blocks footings and anchoring, per current building code, with anticipated completion dates, not to exceed 90 days.
  1. If the modular, double, or manufactured home, permanent foundation, blocks, footings and anchoring is not completed in ninety days, owner must present plans again to the Lakota City Council to reevaluate and approve.
  1. Board may make a physical inspection of the modular, double, or manufactured home prior to approving permit.
  1. Documentation of the modular, double, or manufactured home (pictures, title, and plans) will be kept on file in City Hall, during and after the approval process.

(D) All ordinances and parts of ordinances or codes in conflict, hereafter is repealed.

(E) This ordinance shall be in full force and effective from and after its passage and approval by the Lakota City Council.

 

ARTICLE 5 - Non-Conforming Uses

17.0501  Non-Conforming Uses

The lawful use of any building, structure, or land existing at the time of the enactment of this Chapter may be continued, although such use does not conform with the provisions of the chapter, provided the following conditions are met:

       1.      Alterations.  A non-conforming building or structure may be altered, improved or reconstructed provided such work is not to an extent exceeding in aggregate cost 25 percent of the assessed value of the building or structure, unless the building or structure is changed to a conforming use.

      2 .      Extension.  A non-conforming use shall not be extended, but the extension of the lawful use to any portion of a non-conforming building or structure which existed prior to the enactment of this ordinance shall not be deemed the extension of such non-conforming use.

       3.      Changes.  No non-conforming building, structure or use shall be changed to another non-conforming use.

       4.      Abandonment.  A non-conforming use of a building or premises which has been abandoned shall not thereafter be returned to such non-conforming use.

       5.      Unlawful Use Not Authorized.  Nothing in this Chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this Chapter.

       6.      Certificate of Non-Conforming Use.  Upon the effective date of this Chapter the City shall issue a "Certificate of Non-Conforming Use" to all owners of property, the use of which does not conform to the provisions of the use zone in which the property is located.

            a.      In accordance with the provisions of this section no use of land, buildings or structures shall be made other than that specified on the "Certificate of Non-conforming Use," unless said use shall be in conformity with the provision of the use zone in which the property is located.

            b.      A copy of each "Certificate of Non-Conforming Use" shall be filed with the office of the City Auditor.  No permit or license shall be issued to any property for which a "Certificate of Non-Conforming Use" has been issued until said permit or license has been approved by Zoning Commission.

       7.      District Changes.  Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any non-conforming uses existing therein.

ARTICLE 6 - Use Districts

17.0601  Use Districts

The City is hereby divided into the following Use Districts to be known as:

R      Residential Districts

C      Commercial Districts

I      Industrial Districts

P     Public District

A      Agricultural District

17.0602  R - Residential Districts

In a Residential District the following buildings and uses are permitted:

1.  Dwelling houses occupied by not more than one family.

2.  Publicly owned and operated buildings.

3.  Churches and Parish Houses.

4.  Hospitals.

5.  Nursing and Rest Homes.

6.  Homes for the Aged.

7.  Playgrounds and Parks

8.  Dwelling houses each occupied by not more than two families.  Each family shall not be allowed more than two roomers or boarders per family.

9.  All other uses permitted in a one-family district.

10.  Multi-family dwellings.

11.  Private clubs

12.  Lodges or social buildings.

17.0603 Accessory Uses in Residential Districts

The following accessory uses and buildings are permitted in residential districts.

      1.      Professional office for a physician, clergyman, architect, engineer, attorney, or similar professional person residing in such main building.

      2.      Home occupation. Customary home occupation for gain carried on in the main building or a building accessory thereto requiring only home equipment and employing no non-resident help, and no trading in merchandise in carried on.

      3.      Agricultural uses, gardens.

      4.      Private garages.

      5.      Any other accessory use customarily incident to use authorized in a residential district.

17.0604 C - Commercial District

The following buildings and uses are permitted in the commercial district:

      1.      All uses permitted for the Public District.

      2.      All uses permitted for the Residential District.

      3.       All wholesale, retail stores or businesses not strictly forbidden in Section B. of this article.

      4.      Professional and semi-professional offices.

      5.       Commercial and public parking lots.

      6.      Accessory buildings in uses customarily incident to the uses permitted in this district.

  B. Uses strictly forbidden

      1.      Automobile salvage, junk yards, scrap iron, hide firms and blacksmith shops.

      2.      Such other uses as the Planning commission may deem hazardous to the health, safety and general welfare of the city.

  C. Area Regulations

      1.      There shall be no minimum requirements.

17.0605 I - Industrial District

The following buildings and uses are permitted in the industrial district:

      The compounding, assembly, treatment, manufacture, processing and packing of articles or materials shall be permitted in the industrial district.

      1.      Uses permitted.  All uses permitted in a Commercial District.

      2.      Uses prohibited.  No dwelling or dwelling unit.

17.0606 P - Public District

The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to in this Article, are the District Regulations in the P-Public district.

      A.      Uses Permitted by Right:

            1.      Churches, schools, libraries, community centers, public parks and other public buildings and public or quasi-public recreational facilities.

            2.      Educational, religious, and philanthropic institutions, but not including penal or mental institutions.

            3.      Accessory buildings and uses customarily incident to the uses permitted in this district.

            4.      Hospitals, sanitariums, mental institutions and nursing homes.

            5.      Cemeteries and mausoleums.

            6.      Electric substations and gas regulator stations.

            7.      Fire stations, police stations and telephone exchanges.

            8.      Sanitary land fills.

            9.      Water reservoirs, water storage tanks, pumping stations and sewer lift stations.

            10.      Commercial and public parking lots.

           11.   Radio and Television Towers.

           12.      Airports.

17.0607 A - Agricultural District

      A.       Uses Permitted by Right

            1.      All uses permitted by right in the P-Public District.

            2.      Cultivation of farm lands.

            3.      Feed lots provided they meet the following requirements:

                  a.      No unusual amount of odor or noise shall be disseminated beyond the boundaries of the premises on which the use is located.

                  b.      Storage of manure shall not be permitted within one hundred fifty (150) feet of any lot line.

            4.      Auction Barns and livestock bins provided they meet the following requirements:

                  a.      The Planning Commission shall be provided with site development plans showing the proposed development or use and its relationship to adjacent      properties.

                  b.      The Planning Commission may in addition prescribe any additional conditions regarding the intensity or limitation of use, appearance, hours of  operation, setbacks or required open space, or other such conditions which the Planning Commission may deem necessary.

       B. Area Regulations

            The area regulations shall be the same as those for the P-Public District.

ARTICLE 7 - Area Districts

17.0701 Area Regulations - Residential Districts

      In any use district no residence building shall hereafter be erected, established or       altered on a lot having a lot area of not less then the square feet required as follows:

            1.      One-family - not less than 5000 sq. feet.

            2.      Two-family - not less than 5000 sq. feet.

            3.      Multi-family - not less than 5000 sq. feet.

and the following minimum lot widths:

            1.      One-family - not less than 50 feet of lot width measured along the front building line.

            2.      Two-family - not less than 50 feet of lot width measured along the front building line.

            3.      Multi-family - not less than 75 feet of lot width measured along the front building line.

ARTICLE 8 - Yard Regulations

17.0801 - Area Regulations

            The area regulations are as follows:

            1.      Front yard Set-Back Requirements:  

                  a.      In a block in the residential district in which less than twenty-five (25) percent of the total number of lots have permanent buildings erected upon them, no building shall be erected which is set back from the front line less than twenty-five (25) feet.  If more than twenty-five (25) percent of the lots in a block are built upon, no building shall be erected which is set back from a lot line less than a distance which shall be the average of the set-back observed by the adjoining houses on either side.  Reference to a "block" in this paragraph shall be construed to mean any one side of a street within two (2) intersection streets.

                  b.      In case of a corner lot, set-back requirements for the street upon which the lot fronts shall apply, and the set-back shall be twenty-five feet (25') except that when a building has been constructed on the adjoining lot less than that distance from the front lot line, the corner lot shall have a set-back not less than the average distance between twenty-five feet (25') and the set-back distance of the adjoining building.  Nothing herein shall prevent the construction of a building fronting on a street running parallel to the platting of the lot upon which it is to be constructed, but in that case there shall not be less distance from the front of the lot than it would be by fronting upon the proper street and shall have a similar set-back on the side street.

            2.      Rear Yard Requirements:

                  The rear yard shall have a depth of not less than twenty feet (20') from the dwelling to the lot line and not less than five feet (5') from any accessory building's furthest extenuation to the dwelling unity or accessory building to lot line.

            3.      Side Yard Requirements:

                  There shall be a side yard on each side of the dwelling house having a depth of not less than five feet (5') from the furthest extenuation of the dwelling unit or accessory building to the lot line.

To construct a fence or wall used as a fence, the side yard depth requirement is changed to not less than two and a half feet (2 1/2') from the furthest extenuation of the dwelling unit or accessory building to the lot line.

ARTICLE 9 - Enforcement

17.0901 Administrative Official

            1.       Administrative Official shall be the City Superintendent.  Except as otherwise provided herein the zoning administrator shall administer and enforce the provisions of this chapter, including the receiving of applications, the inspection of premises and the issuing of building permits.  No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter have been complied with.

            2.      Building Permit Required.  No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the City Superintendent.  All applications for such permits shall be in accordance with the requirements herein and, unless upon written order of the Board of Adjustment, no such building permit or certificate of occupancy, shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.

                  a.      Matter Accompanying Application.  There shall be submitted with all applications for building permits two copies of a layout or plot drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this ordinance.

                  b.      Payment of Fee.  One copy of such layout or plot plan shall be returned when approved by the zoning administrator together with such permit to the applicant upon the payment of a fee as set by the City Council.

ARTICLE 10 - Board of Adjustment

17.1001 Creation of Board

      A.      Creation Appointment and Organization.  A Board of Adjustment is hereby created.  Said Board shall consist of the City Council and Mayor.

      B.      Powers and Duties.  The Board of Adjustment shall have all the powers and duties prescribed by law and by this Chapter, which are more particularly specified as follows:

            1.      Interpretation.  Upon appeal from a decision by an administrative official, to decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

            2.      Variances.  To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.  In granting any variance, the Board of Adjustment shall prescribe any conditions that it deems to be necessary or desirable.  However, no variance in the strict application of any provision of this chapter shall be granted by the Board of Adjustment unless if finds:

                  a.      That there are special circumstances of conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.

                  b.      That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.

                  c.      That the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or other wise detrimental to the public welfare.  In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its finding, shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.

      C.      Procedure.  The Board of Adjustment shall act in strict accordance with the procedure specified by law and by this chapter.  All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board.  Every appeal or application shall refer to the specific provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.  Every decision of the Board of Adjustment shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.  Each such resolution shall be filed in the office of the city auditor.

      D.        Notice and Hearing.  No action of the Board shall be taken on any case until after due notice has been given to the parties and public hearing has been held.

17.1002 Amendments

      The governing board may, from time to time, amend this article by supplementing, changing, modifying or repealing any of the regulations, restrictions or other provisions thereof, or of the district map, or the districts on said map, or of the boundaries of such district.  A proposed amendment may be initiated by the said Board upon its own motion, or upon receipt of a request therefor from the city zoning commission or upon receipt of a petition therefor from any interested person or persons or their agents.

      1.      Report by City Planning Commission - Public Hearing.  The governing body shall require a report form the city zoning commission on a proposed amendment before taking final action thereon.  The city zoning commission shall thereupon make a tentative report and hold a public hearing thereon with notice the same required for a public hearing by the governing body, before submitting its final report.  Such final report shall be submitted with 90 days after the time of referral of the proposed amendments to the city zoning commission unless the governing body is agreeable to an extension of time.

      2.      Action by governing body - Public Hearing.  After the receipt of the required final report on any amendment form the city zoning commission, or in the event of the failure of the city zoning commission to so report within 90 days following the time of referral of the proposed amendment to the city zoning commission, the governing body shall hold a public hearing , after which the proposed amendment may be passed.  Not less than 15 days' notice of the time and place of holding such public hearing shall first by published in the official newspaper.  A hearing shall be granted to any persons interested, and the time and place specified.

      3.      Vote After Protest.  If a protest against a change, supplement, modification, amendment or repeal is filed and signed by owners of 20 percent or more:

            a.      Of the area of the lots included in such proposed change; or

            b.      Of those immediately adjacent in the rear thereof extending 150 feet therefrom; or

            c.      Of those directly opposite thereto extending 150 feet from the street frontage f such opposite lots.

The amendment shall not become effective except by the favorable vote of three-fourths of all the members of the governing body.

17.1003 Enforcement

      The erection, construction, reconstruction, alteration, repair, conversion or maintenance of any building or structure, or the use of any building, structure or land, in violation of this article, or of any regulation, order, requirement, decision or determination made under authority conferred by this article, shall constitute the maintenance of a public nuisance and any appropriate action or proceeding may be instituted by the city, through any administrative officials, department, board or bureau charge with the enforcement of this article:

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

            2.      To restrain, correct or abate such violation;

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

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

A violation of any provision of this article or a violation of or refusal or failure to comply with any regulation, order, requirement, decision or determination made under authority conferred by this article shall be punishable as provided in the chapter entitled "Ordinances."