Minto City Ordinances
ORDINANCE #182
AN ORDINANCE TO PROVIDE FOR PLANNING AND ZONING POLICIES AND GUIDELINES WITHIN THE CITY LIMITS OF THE CITY OF MINTO, WALSH COUNTY, NORTH DAKOTA.
ARTICLE 1 - Planning and Zoning
Planning Commission Created
There is hereby created a planning commission consisting of five members and two from City Council to be appointed by the City's chief executive officer, with the approval of the governing body. The chief executive officer, the engineer and the city attorney shall be ex-officio members thereof. (Source:
40-48-03)
Adoption of Code
The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, uses, height, area and maintenance of buildings or structures in the City of Minto shall meet the provisions of the rules and regulations of the North Dakota State Building Code and any future updates and amendments to that code, copies of which are on file with the City Auditor and are hereby made a part of this chapter by reference with exception of the sections hereinafter set forth affecting local conditions in the City which are amended, for use and application in the City, and the City hereby adopts said code as so modified.
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.(Source: North Dakota Century Code Section 40-47-06)
ARTICLE 2 - Definitions
For the purpose of this chapter, the following words and phrases shall have the meanings herein given:
1. "Accessory Use of Building" is a subordinate use or building customarily incident to and located on the same lot with the main use or building.
2. "Alteration" is 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 this 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 an occupied exclusively as the residence or 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 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 and billboards, but not including 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 from 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
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.
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 R-2 residential district until such classification has been changed by an amendment to the zoning ordinances as prescribed by law.
ARTICLE 4 - Application of Regulations
Application of Regulations
Except as provided in the 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 Private Garages. In a residential district, the floor area of a detached private garage erected as an accessory building shall not exceed 900 square feet, unless the lot area exceeds 7500 square feet, in which event the floor area may be increased in the ratio of 1 square foot for each 15 square feet of additional lot area. In no case may the floor area of a detached garage erected as an accessory building exceed the floor area of the residential structure(s) on the property.
In a residential or dwelling house district the floor area of a private garage attached to the primary structure shall not exceed the square footage of the main floor of said primary structure or 900 square feet, whichever is greater.
4. Conformity of Open Spaces. No yard, court of 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.
ARTICLE 5 - Non-Conforming Uses
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 this chapter, provided the following conditions are met:
Alterations. A non-conforming building or structure may be altered, improved or reconstructed provided such work is not to and extent exceeding in aggregate cost twenty-five percent (25%) of the assessed value of the building or structure, unless the building or structure is changed to a conforming use.
Extension. A non conforming use shall not be extended, but the extension of a 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.
Changes. No non-conforming building, structure or use shall be changed to another non-conforming use.
Abandonment. A non-conforming use of a building or premises which has been abandoned shall not thereafter be returned to such non-conforming use.
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.
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
The City is hereby divided into the following Use Districts to be known as:
R–1 Residential Districts, Single Family
R–2 Residential District, Two-Family
R-3 Residential Districts, Multi-Family
C Commercial
I Industrial
R–1 Residential Districts, Single Family
In a single-family district, the following buildings and uses are permitted:
Dwelling houses occupied by not more than one family.
Publicly owned and operated buildings.
Churches and parish houses.
Hospitals.
Nursing and Rest Homes.
Homes for the Aged.
Playgrounds and Parks.
Cemeteries.
R–2 Residential District, Two-Family
In a two-family district, the following buildings and uses are permitted:
Dwelling houses each occupied by not more than two families. Each family shall not be allowed more than two roomers or boarders per family.
All other uses permitted in a one-family district.
R-3 Residential Districts, Multi-Family
In a multi-family district the following buildings and uses are permitted:
All uses permitted and as regulated in a two-family district.
Multi-family dwellings.
Private clubs.
Lodges or social buildings.
Hotels, motels, tourist camps.
Accessory Uses in Residential Districts
The following accessory uses and buildings are permitted in residential districts:
Professional office for a physician, clergyman, architect, engineer, attorney or similar professional person residing in such main building.
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 is carried on.
Agricultural uses, gardens, poultry enclosures, beehives.
Private garages.
Any other accessory use customarily incident to a use authorized in a residential district.
C Commercial District
The following buildings and uses are permitted in the commercial district:
Retail stores and shops.
Service establishments.
Business and professional offices.
Eating establishments.
Funeral homes and mortuaries.
Transportation services.
Amusements and recreation.
Wholesale businesses.
Storage buildings and warehouses.
Any other building or use similar to the uses herein listed in th type of services or goods sold.
Any accessory use customarily incident to a use herein listed.
I Industrial
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.
Uses permitted. All uses permitted in a C – Commercial District.
Uses prohibited. No dwelling or dwelling unit.
ARTICLE 7 –
Rules and regulations regarding mobile and modular homes shall comply with Ordinance numbers 130, 161, 166, 169 including future amendments.
ARTICLE 8 – Yard Regulations
A building shall not be placed within 6 feet of a property line and front and rear yards shall be in conformity with adjoining properties. Trees or a fence shall be 4 feet from a property line unless agreed with adjoining property owners to be placed on the property line.
ARTICLE 9 – Enforcement
Administrative Official
Administrative Official. Except as otherwise provided herein the zoning administrator shall administer and enforce the provisions of this chapter, including the receiving of application, the inspection of premises and the issuing of building permits. No building permit or certificate of occupancy shall be issued except where the provisions of this chapter have been complied with.
Building Permit Required. No building or structure shall be erecter, added to or structurally altered until a permit therefore has been issued by the zoning administrator. All applications for such permits shall be in accordance with the requirements herein and, unless upon written order of the Planning and Zoning Board, 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. Plans shall be submitted with all applications for building permits larger than 250 square feet or costing $5000 or more. 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 of $2.00.
c. Permit expires one year from the date of issuance. If work has not been substantially completed, a new permit must be applied for.
ARTICLE 10 – Planning and Zoning Board
Creation of Board
Creation, Appointment and Organization. A Planning and Zoning Board, to be appointed by the City governing body, is hereby created. Said Board shall consist of 7 members with 2 of the members from City Council. The Board shall elect a chairman from its membership, shall appoint a secretary and shall prescribe rules for the conduct of its affairs.
Powers and duties. The Planning and Zoning Board shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
a. Interpretation. Upon appeal from a decision by an administrative official, to decide any question 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.
b. 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 Planning and Zoning Board 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 Planning and Zoning Board unless it finds:
1) That there are special circumstances or 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.
2) That, for reasons fully set forth in the findings, the granting or the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose.
3) That the granting of this variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise 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.
Procedure. The Planning and Zoning Board 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 Planning and Zoning Board 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.
Notice of 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.
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 therefore from the City Zoning commission or upon receipt of a petition therefore from any interested person or persons or their agents.
Report by City Zoning Commission – Public Hearing. The governing body shall require a report from 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 within ninety (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.
Action by Governing Body – Public Hearing. After the receipt of the required final report on any amendment from the City zoning commission or in the event of the failure of the City zoning commission to so report within ninety (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 fifteen (15) days notice of the time and place of holding such public hearing shall first be published in the official newspaper. A hearing shall be granted to any person interested, and the time and place specified.
Vote after Protest. If a protest against a change, supplement, modification, amendment or repeal is filed and signed by owners of twenty percent (20%) or more:
c. Of the area of the lots included in such proposed change; or
d. Of those immediately adjacent in the rear thereof extending 150 feet there from; or
e. Of those directly opposite thereto extending 150 feet from the street frontage of such opposite lots.
The amendment shall not become effective except by the favorable vote of the majority of all the members of the governing body.
ARTICLE 11 - 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 of bureau charged with the enforcement of this article:
To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
To restrain, correct or abate such violation;
To present the occupancy of the building, structure or land; or
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 ordinance shall be punishable as provided in N.D.C.C. 40-05-06.
This ordinance shall be in force and effect from and after its passage and its approval by the City Council for the City of
__________________________________
Mayor
Attest: _______________________________________
Auditor
Passed on its first reading:
Passed on its second reading:
