CHAPTER 4-01
GENERAL PROVISIONS CHAPTERS:
4-0101. General Definitions.
4-0102. List of Definitions.
4-0103. Jurisdiction.
4-0104. Compliance.
4-0105. Interpretations.
4-0106. Lot of Record.
4-0107. Residential Development.
4-0108. Sewer and Water Regulations.
4-0109. Sight Distance at Intersections.
4-0110. Lot of Record.
4-0111. Fences, Walls and Hedges.
4-0112. Easement.
4-0113. Building Permit.
4-0114. Certification of Compliance.
4-0115. Regulation of Location and Size of Culverts and Regulation of Drainage.
4-0116. Fee Schedule.
4-0117. Building Permit Violations, Remedies and Enforcement.
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4-0101. GENERAL DEFINITIONS.
1. Title. This Ordinance shall be known, cited and referred to as the "Harwood City Land Use Ordinance." It and all subsequent amendments to it may be referred to in this document as "this Ordinance".
2. Authority. This Ordinance is enacted pursuant to authority granted in North Dakota Century Code Chapters 40-47, 40-48, and 40-50.1; and all subsequent Laws or amended Laws as provided for in the North Dakota Century Code.
3. Jurisdiction. This Ordinance shall be effective throughout the City's land use jurisdiction. The City's land use jurisdiction shall include all areas within its corporate boundaries as well as any area which is or shall subsequent to the adoption of this ordinance be described by City ordinance as a part of the City's extraterritorial subdivision or zoning jurisdiction.
4. Severability. Should any section, paragraph, sentence, clause, or phrase in this Ordinance be declared invalid by any court of competent jurisdiction in a valid judgment or decree, such invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance.
5. Repeal. All other ordinances or parts of ordinances of the City of Harwood, North Dakota, inconsistent or in conflict with this ordinance, to the extent of inconsistency or conflict only, are hereby repealed.
6. Purpose. The purpose of this Ordinance is to: (1) protect the health, safety, morals, comfort, and general welfare of City of Harwood residents;(2) conserve, protect, and manage the use of natural resources within the Harwood land use jurisdiction; (3) promote well-managed and staged development of residential, commercial, recreational, public, and other areas; and (4) exercise any or all of the powers granted to the City of Harwood under state law.
7. Effective Date. This Ordinance and all subsequent amendments to it shall be effective upon appropriate passage by the City of Harwood's governing body.
8. Interpretation The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses, and the future the present.
C. The word "shall" is mandatory, and the word "may" is permissive.
D. The masculine gender includes the feminine and neuter genders.
E. If no set definition is given in the Ordinance, the City's governing body shall interpret and define any word or section of the Ordinance after obtaining advice from the City Planning Commission. Any definition constructed, defined, and interpreted by the City's governing body shall be added to the definitions included in this ordinance, in order to assist consistent future application of the ordinance.
F. All measured distances expressed in feet shall be to the nearest tenth of a foot.
G. In event of conflicting provisions, the more restrictive provisions shall apply.
H. The provisions of this land use ordinance are to be interpreted as the minimum requirements necessary within the City of Harwood's land use jurisdiction. No building or structure may be erected, moved, converted, enlarged, reconstructed or altered , and no land use may occur except in accordance with all of the regulations established by this land use ordinance.
4-0102. LIST OF DEFINITIONS. The following words and terms, whenever they occur in this Ordinance are defined as follows:
1. Accessory Use or Accessory Structure. A use or structure incidental and subordinate to the main use of the property and located on the same lot as the main use, such as a garage or tool shed.
2. Agriculture. The use of land for agriculture purposes, including necessary buildings and structures which shall be used for agricultural including, but not limited to, farming, dairying, pasturage, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
3. Amendment. Any change, revision, or modification of the text of this ordinance or the zoning district map.
4. Animal Feeding Operation or Feedlot. The care and keeping of livestock or other animals which has been defined as an animal feeding operation by the North Dakota Century Code and the North Dakota Department of Health.
5. Auditor's Lot. A lot of record which was established and classified by the Cass County Auditor.
6. Auto Body Work. Major automotive repair including, but not limited to, the straightening of frame, sanding, puttying and painting activities, and other activities which involve changes to the frame or exterior of a vehicle, except for automobile (van) conversion.
7. Automobile (Van) Conversion. Where changes are made to the exterior or interior of an automobile or van for the purpose of sale. Such changes may include cutting holes for windows or redoing the interior; however, such changes would not include activities as defined in “Auto Body Work.”
8. Block. A segment of the City bounded by right-of-ways, intersecting streets and/or railroads.
9. Buildable Area. The portion of a lot remaining after required yards have been provided.
10. Building. Any structure which has a footprint greater than 144 square feet.
11. Building Footprint. The area established by the perimeter of a building's anchor or contact points with the ground.
12. Certificate of Compliance. A certificate stating compliance with the provisions of this ordinance.
13. Child Care Center. Any facility which is licensed as a “group child care home” or “group child care facility” by the Department of Human Services to provide early childhood services on a regular basis, and which facility has eight or more children present, including sons, daughters, related children, and others as determined by the Department of Human Services, or a facility, other than an occupied private residence, which services fewer than eight children.
14. Commercial Agriculture. The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income, including but not limited to the following:
a. Field crops, including: barley, soybeans, corn, hay, oats, potatoes, rye, wheat, sunflowers, and sugar beets.
b. Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, and other animals, including dogs, ponies, and
rabbits.
c. Livestock products, including: milk, butter, cheese, eggs, meat, fur, and honey.
15. Conditional Use. A use which is not appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses are allowed in a zoning district as a conditional use if specific provision for such use is made in the zoning district regulations.
16. Condominium. Individual ownership of a unit in a multiple dwelling structure or area.
17. Convenience Establishments. Small establishments designed and intended to serve the daily or frequent trade or service needs of immediately surrounding medium to high density population. Such establishments include groceries, coin-operated laundry and dry-cleaning agencies, tailoring and dressmaking shops, beauty shops, barber shops, and the like. Specifically excluded are filling stations and repair garages, drive-in eating and drinking establishments, and liquor establishments.
18. Dwelling. A building or portion of a building occupied exclusively as living quarters for one or more families. This does not include mobile recreational vehicles.
19. Dwelling, Manufactured Home. A factory built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with the Manufactured Home Construction and Safety Standards Act of 1974 (24 CRF 3280) which became effective June 15, 1976, promulgated by the United States Department of Housing and Urban Development.
20. Dwelling, Mobile Home. A factory built structure, transportable in one or more sections, which in the traveling mode is eight body feet (8') or more in width or forty body feet (40') or more in length, or when placed on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a year-round dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein and which bears a label certifying that it was built in compliance with the Manufactured Home Construction and Safety Standards Act of 1974 (24 CRF 3280), which became effective June 15, 1976, promulgated by the United States Department of Housing and Urban Development.
21. Dwelling, Modular. A manufactured dwelling which is not a mobile home dwelling in accordance with these regulations, and which meets the following criteria:
(a) is not constructed on a pier foundation;
(b) is constructed on a permanent foundation which provides a basement or crawl space which complies with the Uniform Building Code and the City's Building Code;
(c) has a minimum front width of 24 feet and a minimum depth of 20 feet;
(d) has a predominantly double-pitched roof with a minimum vertical rise of 4 inches for every 12 inches of horizontal run and a minimum eave projection and roof overhang of 10 inches on at least two sides. Gutters shall be counted in calculating roof overhang;
(e) uses siding and roofing materials customarily used on site-built homes with in the City;
(f) has a minimum gross floor area of 960 square feet;
(g) has a minimum ceiling height of 8 feet, unless otherwise allowed by UBC; and
(h) does not have a permanent hitch.
22. Dwelling, Multi-Family. Any building designed to be occupied by more than one housekeeping unit.
23. Dwelling, Single Family (One Family). See “Residence, Single Family.”
24. Dwelling, Two-Family. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
25. Dwelling Unit. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. This does not include vehicles designed for camping or other forms of temporary occupancy.
26. Essential Services. The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead telephone, gas, electrical, steam, communication, or water transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such public utilities or municipal departments or commissions to the residents of Harwood.
27. Extraterritorial Zoning Jurisdicition. Unincorporated lands outside the city limits of Harwood over with the City has the zoning authority.
28. Family. One or more persons living together as members of a single housekeeping unit, related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage living together in a dwelling unit.
29. Family Child Care Home. An occupied private residence in which early childhood services are provided for no more than seven children at any one time, except that the term includes a residence providing early childhood services to two additional school-age children during the two hours immediately before and after the school day and all day, except Saturday and Sunday, when school is not in session during the official school year.
30. Feedlot: A confined area or structure used for feeding, breeding, or holding livestock, including poultry, horses, cattle, swine, goats, sheep, or other animals of domestic husbandry, for eventual sale in which animal waste may accumulate, but not including barns, pens, or other structures. Source: Sec. 1, Ord. 2007-2 (2007).
31. Floor Area, Gross. The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches, and balconies.
32. Grade. The horizontal elevation of the finished surface of the ground, paving or sidewalk adjacent to a building line.
33. Group Home. Any community residential facility, foster home, family care facility, or other similar home for developmentally disabled persons.
34. Height, Building. The vertical distance from the established grade to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the average height between eaves and ride for a gable, hip shed, or gambrel roof. Where a building is located on a slope, height shall be measured from the average grade level adjacent to the building.
35. Home Occupation. An activity secondary to the primary function of a dwelling unit which does not involve any exterior storage, does not require off-street parking, not including vehicles exceeding 1 ton, and controlled by noise ordinance. Exception: Daycare limited to 7 children or less with fenced yard.
36. Junk Yard. Any area used for the storage, keeping or abandonment of junk, including scrap metals, or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
37. Kennel. Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding, care, or breeding, for which any fee is charged.
38. Land Use Jurisdiction. The land area within the municipal boundaries and in extraterritorial areas over which the City of Harwood has established zoning or subdivision controls by ordinance.
39. Landfill. A site where garbage, junk, building materials, demolition materials, trash, rubbish, or hazardous waste is placed in the ground for disposal or for fill purposes.
40. Loading Space. A space or berth on the sale lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
41. Lot. Any separately described parcel of land which has a separate legal description as defined by metes and bounds, plat, or auditor's lot. It does not include a parcel which is an easement.
42. Lot Area. The horizontal area within the lot lines of the lot.
43. Lot, Corner. A lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
44. Lot Coverage. The ratio of the area of the lot covered by building footprints and/or paved surfaces to the total lot area, expressed as a percentage of total lot covered.
45. Lot Depth. The mean horizontal distance between the front and rear lot lines.
46. Lot Frontage. The front of a lot shall be construed to be the portion nearest the street, For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and shall be provided as indicated under Yards in this section.
47. Lot, Double Frontage. A lot having a frontage of two intersecting streets, as distinguished from a corner lot.
48. Lot Interior. A lot other than a corner lot.
49. Lot of Record. A lot which has been recorded at the Cass County Recorder’s office as of the effective date of this ordinance.
50. Lot Width. The mean horizontal distance across the lot between side lot lines at the building line measured at right angles to the depth.
51. Mobile Home. A mobile home is a detached residential unit designed for transportation arriving complete and ready for occupancy at the site where it is to be occupied except for connections to utilities. A recreational travel trailer is not to be considered a mobile home.
52. Mobile Home Park. Any site, or tract of land under single ownership, upon which are located two or more mobile homes used for residential purposes either free of charge or for a fee. A mobile home park shall include any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
53. Moved Structure. Any structure that is moved onto a site within the City’s land use jurisdiction.
54. Non-Conforming Lot. Any lot existing at the time of the adoption or amendment of this ordinance which does not conform to the provisions of this ordinance.
55. Non-Conforming Use. See Use, Non-conforming.
56. Open Grazing: Except as is covered by the definition of a Feedlot, Open Grazing includes the use of land for the grazing, holding, pasturing, sorting, watering, milking, breeding, riding, or otherwise raising, producing, or keeping livestock (including but not limited to poultry, swine, beef and dairy cattle, horses, sheep, goats, and other animals of domestic husbandry).
Source: Sec. 2, Ord. 2007-2 (2007).
57. Open Space. A privately-owned area on the grounds of a premises outside of any Principal Building or parking area, that is set aside and intended for the outdoor enjoyment of occupants or visitors to the property, and which may but is not required to include such pedestrianoriented improvements as landscaping, sidewalks, walkway paths, gazebos, bikeways, active recreation facilities or play equipment, and benches, and which may further include no more than 20% of its area in water bodies or other areas inappropriate for pedestrian use.
58. Parcel. Any area of contiguous land which can be uniquely described.
59. Parking Space, Off Street. A space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
60. Planted Buffer Strip. Planted trees 12 feet at center.
61. Private Noncommercial Recreational or Cultural Facility. A facility catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain; provided that any vending stands, merchandising, or commercial activities are conducted only as required for the membership of such club.
62. Residence, Single Family. A structure containing only one dwelling unit designed to be located on a permanent foundation as required by state and/or local requirements and, if site built, constructed in accordance with the provisions of the applicable State and City Codes governing construction or, if manufactured off site, constructed in accordance with either the City Code governing construction or the HUD Manufactured Home Construction and Safety Standards Act of 1974 (24 CFR 2180) which became effective June 15, 1976. All single family dwellings shall be considered and taxed as real property, as provided by law. Each single family dwelling shall have a minimum overall front width of twenty-two feet (22'), except in the Manufactured Housing District, and a minimum main floor living space square footage of 900 square feet for a one-story structure for all districts in which a single family structure is allowed. The design, location and appearance of the single family structure must be compatible with existing dwellings in the area. The roof on all single family dwellings shall be pitched with a minimum vertical rise of four inches (4") for each twelve inches (12") of horizontal run, except in the Manufactured Housing District, and shall consist of shingles or other nonreflective roof material customarily used for conventional dwellings and be approved by the Building Inspector. The exterior material on all single family dwellings shall be of a color, material and scale customarily used on existing dwellings within the general area and shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. The exterior material of the dwelling shall be approved by the Building Inspector. A basement is required for all single family dwellings with a minimum footage of 900 square feet to 1500 square feet. A garage is required for all single-family dwellings.
63. Retirement. A multiple residential structure or structures designed exclusively for use by elderly or retired persons. To fulfill this requirement, at least one occupant of each unit must be retired and at least Fifty-five (55) years of age.
64. Salvage Yard. Any land or building used for the storage, sale, or dismantling of vehicles, and salvage materials of any kind.
65. Setback. The minimum horizontal distance between a building and the lot line.
66. Sign. Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency.
67. Story. That portion of a building included between the upper and surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story.
68. Street or Road. Any public way set aside as a permanent right-of-way for vehicular or pedestrian access.
69. Street Line. The right-of-way line of a street.
70. Story. That part of a building or structure between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling is four and one half feet (4½) or more above the level from which the height of the building or structure is measured.
71. Structural Alteration. Any change in the supporting members of a building including but not limited to bearing walls, load bearing partitions, columns, beams, or gliders, or any substantial change in the roof or in the exterior walls.
72. Structure. Anything constructed. the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, but not including fences.
73. Swimming Pool. A structure designed to be used for swimming which has a capacity of one thousand (1,000) gallons or more or which has a depth of over twenty-four (24) inches.
74. Townhouse. A single-family dwelling unit occupying its own lot but attached to one or more other units by a common wall or walls.
75. Trailer Home Parks. A parcel of land which meets the Mobile Home Park District standards for a mobile home park.
76. Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.
77. Use. Any purpose for which a building, structure, or tract of land may be designed, arranged, intended, maintained, or occupied.
78. Use, Accessory (Structure). A use of a structure subordinate to the principal use of building on the same lot and serving a purpose customarily incidental thereto.
79. Use, Conditional. Any building, structure, and use designated as a conditional use in the zoning district regulations which would not generally be appropriate or without restriction throughout the zoning district but which, if controlled, would promote the health, safety or general welfare.
80. Use, Non-Conforming. A building, structure or premises lawfully occupied at the time of the enactment of these regulations that does not conform with the provisions of the regulations for the district in which it is located; also, such use resulting from changes in zoning districts or in textual provisions made hereafter.
81. Use, Permitted. Any building, structure, or use which complies with the applicable regulations of this Ordinance governing Permitted Uses in the zoning district in which such building, structure or use is located.
82. Use, Principal. The main or primary purpose of which a building, other structure, and/or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Ordinance. The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this Ordinance shall be considered an accessory use.
83. Variance. A modification of the literal provisions of this Ordinance which the Board of Adjustment is permitted to grant when strict enforcement of said provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
84. Yard. An open space, other than a court, on the same lot with a building, unoccupied and unobstructed by any portion of a structure from 30 inches above the general ground level of the graded lot upward. In measuring a yard, the depth of a front yard, or the depth of a rear
yard, the minimum horizontal distance between the lot line and the main building shall be used.
85. Yard, Front. An open space extending the full width of a lot between a building and the front lot line. The depth shall be the shortest distance, measured horizontally, between any part of a building and the front lot line.
86. Depth of Required Front Yards Shall be Measured. At right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel.
87. Yard, Rear. An open space extending the full width of a lot between a building and the rear lot line. The depth shall be the shortest distance, measured horizontally, between any part of a building and the real lot line.
88. Yard, Side. An open space extending from the front yard to the rear yard between a building and the side lot line. The depth shall be the shortest distance, measured horizontally, between any part of a building and the nearest side lot line.
89. Yard, Special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term “side yard” nor the term “rear yard” clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
90. Zoning Lot. A lot or contiguous lots under common ownership and located within a single zoning district which for purposes of determining conformity to zoning provisions of this ordinance may be considered a single lot of record.
4-0103. JURISDICTION. These regulations shall apply in all incorporated parts of Harwood, North Dakota, and within its one (1) mile extraterritorial jurisdiction unless the one (1) mile is reduced due to the proximity of another incorporated municipality.
4-0104. COMPLIANCE. No land shall be used and no building or structure shall be repaired or built unless in conformance with these regulations.
4-0105. INTERPRETATION. In interpreting and administering this ordinance, the provisions shall be held to be the minimum requirements, unless otherwise specified. Where this ordinance imposes a greater restriction than existing law, the provisions of this ordinance shall govern.
4-0106. LOT OF RECORD. A parcel of land on which a dwelling unit exists at the time of the adoption of this ordinance. Such legal lots may be rebuilt upon if existing dwelling units are removed or destroyed.
4-0107. RESIDENTIAL DEVELOPMENT.
1. No lot shall contain more than one principal residential building.
2. No dwelling unit shall be built on a lot that does not abut a dedicated public street.
3. No residential building shall exceed a height of 35 feet, including apartments, sleeping rooms, and residences located above commercial, service and trade establishments.
4. Accessory structures shall not exceed a height of 35 feet, including apartments, sleeping rooms, and residences located above commercial, service and trade establishments.
5. Solar energy systems are exempted from lot coverage requirements in all zoning districts.
6. No person shall, within the limits of the City, erect, construct, or maintain any fence or enclosure on any premises or piece or parcel of ground with what is known as barbed wire or with any other fencing material that is not aesthetically appropriate considering the neighboring properties. No fence, wall, hedge or shrub planting shall in any event be more than six (6) feet in height in any rear yard, side yard, or front yard.
4-0108. SEWER AND WATER REGULATIONS. To protect the public health, control water pollution, and reduce nuisance and odor, all new developments within the City of Harwood shall be connected to municipal sewer and water systems, unless permission is otherwise granted by the Planning & Zoning Commission and the City Council. Any installation of sewer or water lines shall be in accordance with the provisions of Chapter 4-04 of Chapter IV of these ordinances.
SECTION 4-0109. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them a points 25 feet from the intersection of the street lines. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained in sufficient height to prevent obstruction of such sight lines.
SECTION 4-0110. LOT OF RECORD. Any parcel of land on which a dwelling unit exists at the time of adoption of this ordinance shall constitute a legal lot. Should a dwelling unit existing on a legal lot be removed or destroyed, the lot may be rebuilt upon. Setback and side yard requirements should be adhered to where possible.
SECTION 4-0111. FENCES, WALLS AND HEDGES. Fences, walls and hedges may be permitted on a lot abutting an intersection in any required yard, or along the edges of any yard, provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be over 2½ feet in height.
SECTION 4-0112. EASEMENT. Any residential or commercial development abutting Interstate 29 or its right-of-way shall have a 10-foot easement granted to the city for a border of trees to be planted. This planting shall be at the developer’s expense and subject to approval by the Harwood City Council.
SECTION 4-0113. BUILDING PERMIT.
(1) Prior to construction, reconstruction, structural alteration or change of use of a structure, accessory structure, or lot, a building permit shall be obtained from the administrative official on a form provided, certifying that the proposed use or structure complies with all of the provisions of this ordinance. Accessory uses which are clearly incidental to a permitted use within a zoning district shall not require a permit. The failure to obtain a building permit prior to construction shall result in an administrative fine as set by resolution of the City Council.
(2) All applications for building permits shall be accompanied by plans drawn to scale, showing the exact dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of any proposed or existing structures; existing and proposed use of any structures; layout and number of spaces for off-street parking and loading; and other such information as may be necessary to determine compliance with this ordinance. One copy of the plans and permit shall be returned to the applicant to the administrative official, after which such copy is marked with approved or disapproved and attested to by an official signature on such copy. One copy of the plans and permit, similarly marked, shall be retained by the administrative official.
(3) Building permits issued on the basis of plans or applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and specifications and does not include any other use, arrangement, or construction. Any arrangement, or violation of this ordinance and punishable in accordance with the provisions thereof.
(4) All building permits issued shall expire if work or construction authorized is not commenced within one hundred twenty (120) days of issuance, or if construction or work is suspended or abandoned for a period of one hundred twenty (120) days at any time after work is commenced unless an extension of time is applied for and received prior to the original expiration date.
SECTION 4-0114. CERTIFICATE OF COMPLIANCE.
(1) A certificate of compliance is required to determine conformity with the specifications of the building permit before any structure or building may be occupied. The certificate of compliance is issued by the Administrative Official upon completion of an onsite inspection after work specified in the building permit has been completed.
(2) Reasons for refusal to issue a certificate of compliance must be stated by the Administrative Official in writing within fifteen days after the request of the applicant for the certificate.
SECTION 4-0115. REGULATION OF LOCATION AND SIZE OF CULVERTS AND REGULATION OF DRAINAGE.
(1) To protect the public health and safety and to control drainage of water and reduce nuisance and odor, all new development within the City of Harwood shall conform to requirements made by the City Council relating to drainage of water and location and size of culverts. Said regulation shall pertain to new construction as well as reconstruction and any proposed changes in present drainage.
(2) Grades of ditches and other drainage and location and sizing of culverts may be included on any building permit, and construction pursuant to the building permit must conform with such drainage information placed on the building permit.
SECTION 4-0116. FEE SCHEDULE. The City Council may, by resolution, set an application fee schedule for conditional use permits, zoning amendments, variances, and other zoning applications.
SECTION 4-0117. BUILDING PERMIT VIOLATIONS, REMEDIES AND ENFORCEMENT.
1. All of the following represent violations of Section 4-0113 or Section 4-0114 and of law and will be subject to the remedies and penalties provided in this Ordinance, the Ordinances of the City of Harwood and state law.
a. It is a violation to engage in any subdividing, development, use, construction, remodeling or other activity of any nature without obtaining all permits, approvals, certificates and other forms of authorization required by this Ordinance.
b. It is a violation to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permits, approval, certificate or other form of authorization required in order to engage in such activity.
c. It is a violation to violate, by act or omission, any term, condition, or qualification imposed by a decision-making body upon a required permit, certificate, or other form of authorization.
d. It is a violation to continue any of the violations specified in this section. Each day that a violation continues will be considered a separate offense.
2. The City of Harwood has the following remedies and enforcement powers for violations of Section 4-0113 or Section 4-0114 of this Ordinance.
a. Withhold Permits. The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of this Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body. Instead of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected. This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question. The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.
b. Revoke Permits. A permit may be revoked when the Administrative Official determines that:
(i) There is departure from the plans, specifications, or conditions as required under terms of the permit;
(ii) The plans, specifications, or conditions were obtained by false representation or were issued by mistake; or
(iii) Any of the provisions of this Ordinance are being violated.
c. Stop Work. With or without revoking permits, the City may stop work on any building or structure, on any land on which there is an uncorrected violation of this Ordinance or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under the building code.
d. Revoke Plan or Other Approval. When a violation of this Ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City Council may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the City Council may reasonably impose.
e. Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Ordinance or of a permit, certificate or other form of authorization granted hereunder.
f. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
g. Penalties. The penalty for a violation under this Section is governed by the penalty provisions of the Ordinances of the City of Harwood, and the City may also seek such criminal and civil penalties provided by North Dakota law.
h. Other Remedies. The City will have such other remedies as are and as may be from time to time provided by North Dakota law and Ordinances for the City of Harwood for the violation of zoning, subdivision, or related provisions.
i. Remedies Cumulative. The remedies and enforcement powers established in this Section are cumulative.
Source: Ord. 2014-18, Sec. 1 (2014)