Watford City City Zoning Code

This Ordinance shall be known as the Land Development Ordinance for the City of Watford City, North Dakota. It may be cited hereinafter as this Ordinance. The Land Development Ordinance is Chapter XV of Watford City's Code of Ordinances.

(Ord. No. 692, 1-5-2026)

This Ordinance has been enacted to:

1.

Serve the health, safety, and general welfare of the City and its jurisdiction;

2.

Classify property in a manner that reflects its suitability for specific Uses;

3.

Encourage a compatible arrangement of Uses;

4.

Promote an organized pattern of growth;

5.

Establish clear procedures for submittal and review of Development applications; and

6.

Further the objectives of the Comprehensive Plan.

(Ord. No. 692, 1-5-2026)

This Ordinance shall be effective after a public hearing, adoption by the City Council of the City of Watford City, and notice of the same being published in the official newspaper of the City.

(Ord. No. 692, 1-5-2026)

All existing ordinances or parts of ordinances in conflict with this Ordinance, to the extent of inconsistency or conflict only, are hereby repealed.

(Ord. No. 692, 1-5-2026)

If any article, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of said Ordinance.

(Ord. No. 692, 1-5-2026)

In interpretation and application, the provisions of this Ordinance shall be held to the minimum requirements adopted for the promotion of the public health, safety, and welfare. Where this Ordinance imposes a greater restriction upon land, Buildings, or Structures than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this Ordinance shall control.

(Ord. No. 692, 1-5-2026)

A.

Introduction. To administer the regulations of this Ordinance, land within Watford City and its area of Extraterritorial Area is hereby divided into Districts. The purpose, restrictions, limitations, rights, and privileges attributable to each District are set forth in the following chapters. All Lots shall be assigned one Base District. Some Lots may be designated one or more Special Districts. Where the standards of a Special District vary from the standards of the Base District or another Special District that applies to property, the strictest standards shall apply.

B.

Base Districts. Base Districts shall include the following:

1.

A-1, Agricultural District (Section 3-2).

2.

RR-1, Rural Residential District (Section 3-3).

3.

R-1, Single-Family Dwelling District (Section 3-4).

4.

R-2, Two-Family Dwelling District (Section 3-5).

5.

R-2M, Manufactured Home, Two-Family Dwelling District (Section 3-6).

6.

R-3, Medium Density Residential District (Section 3-7).

7.

R-4, High Density Residential District (Section 3-8).

8.

MH, Manufactured Home Park District (Section 3-9).

9.

C-1, General Commercial District (Section 3-10).

10.

CB, Central Business District (Section 3-11).

11.

I-1, General Industrial District (Section 3-12).

12.

I-2, Heavy Industrial District (Section 3-13).

13.

CF, Community Facilities District (Section 3-14).

C.

Special Districts. Special Districts shall include the following:

1.

FOD, Floodplain Overlay District (Section 4-1).

2.

AOD, Airport Overlay District (Section 4-2).

3.

PUD, Planned Unit Development District (Section 4-3).

D.

District Names and Abbreviations. Throughout this Ordinance, Districts may be referred to using their full name (e.g., Agricultural District) or the District abbreviation (e.g., A-1 District or A-1). The full name of a District and its corresponding abbreviation shall be equivalent.

(Ord. No. 692, 1-5-2026)

A.

Expansion of Zoning Jurisdiction. Hereafter, all territory that may come under the zoning jurisdiction of the City of Watford City shall be placed in the District that most closely corresponds to its previous jurisdiction's classification until rezoned by Zoning Map Amendment. If the property was previously not zoned, it shall be placed in the A-1, Agricultural District until rezoned by Zoning Map Amendment.

B.

Zoning Map. District boundaries are shown on the Official Zoning Map. The Official Zoning Map and all notations, references, and other information shown thereon are a part of this Ordinance and have the same force and effect as if said map and all notations, references, and other information shown thereon were all fully set forth or described herein. The Official Zoning Map is the map that has been approved by the City Council of Watford City.

C.

Interpretation of Boundaries. Where uncertainty exists with respect to the boundaries of the various Districts as shown on the Zoning Map, the following rules apply:

1.

Boundaries indicated as approximately following the centerlines of Streets, highways, or Alleys shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following platted Lot Lines shall be construed as following such Lot Lines.

3.

Boundaries indicated as approximately following the City boundary shall be construed as following the City boundary.

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams shall be construed to follow such centerlines.

6.

Boundaries indicated as parallel to, or extensions of, features indicated in parts 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

7.

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by parts 1 through 6 above, the Planning and Zoning Commission shall interpret the location of boundaries.

D.

Development Must Conform. No Development, Use, or Subdivision shall occur hereafter except in conformity with all regulations of the applicable District and this Ordinance. All Lots hereafter platted shall meet the minimum standards of the applicable District. No existing Lot or Yard shall be reduced below the minimum requirements of this Ordinance.

E.

Zoning Relationship to Future Land Use Plan. Watford City's Future Land Use Plan is a guide for zoning. The Base Districts established in Section 1-7(B) correspond with the future land use categories shown on Watford City's Future Land Use Map, as described in the Future Land Use Plan. The Zoning Map should be generally consistent with the Future Land Use Plan. When a proposed Zoning Map Amendment deviates from the Future Land Use Plan, approval of the Zoning Map Amendment may be contingent on approval of a corresponding amendment to the Future Land Use Plan, depending on the extent of the deviation.

(Ord. No. 692, 1-5-2026)

A.

General Provisions.

1.

Lawful Nonconformities may Continue. Any Nonconforming Lot, Nonconforming Use, or Nonconforming Structure that was lawfully established prior to the Effective Date of this Ordinance or amendment thereto, but that does not conform to all regulations herein, shall be allowed to continue, subject to the provisions of this section. Lawful Nonconforming Uses and Structures include but are not limited to:

a.

A Use of land or Structure that lawfully existed prior to the Effective Date of this Ordinance, including:

i.

A Use of land or Structure that lawfully existed prior to rezoning to a more restrictive District, even if such Use or Structure does not conform to the requirements of the new District.

ii.

A Use of land or Structure that lawfully existed in a Legacy District prior to rezoning to an active Base District, as provided by Section 1-10 (Legacy Districts).

b.

A Use of land or Structure that lawfully existed prior to annexation of such land to the City, or at the time such land comes under the zoning jurisdiction of the City.

c.

Any Development in which construction was lawfully begun prior to the Effective Date of this Ordinance or amendment thereto, and on which construction has been carried out without delay of more than one year.

2.

Nonconformities Shall Not Expand. Except as otherwise provided in this Ordinance, no Nonconforming Use or Structure shall be expanded or extended in any way.

B.

Nonconforming Zoning Districts.

1.

Rezoning Requirement.

a.

Where a Nonconforming Zoning District is identified, the nonconformity shall be remedied through a Zoning Map Amendment (rezoning) when triggered by one or more of the events in Subsection 1(b), unless an exception applies under Subsection 2.

b.

Rezoning shall be required prior to, or concurrent with, approval/issuance of the following (as applicable):

i.

Any application for land division under Article 8 (Subdivision Regulations) affecting the subject property;

ii.

Any request for change in Use, Conditional Use Permit, Variance, or similar approval that relies upon district standards made uncertain by the nonconforming district condition; or

iii.

Any Development Permit that meets the standard of a Substantial Improvement beyond ordinary maintenance.

c.

When a rezoning trigger occurs, the property owner/applicant shall submit a complete Zoning Map Amendment application in accordance with Section 9-9 (Zoning Map Amendments). No final approvals for the items i-iii, above shall be granted unless and until the rezoning is approved.

2.

Exceptions to Rezoning Requirement. Rezoning shall not be required solely due to the following:

a.

Installation, replacement, or repair of Site improvements such as:

i.

Fences or gates;

ii.

Landscaping or irrigation systems;

iii.

Minor flatwork such as curbing, patios, sidewalks, or paving repairs;

iv.

Lighting poles or fixtures;

v.

Site safety, directional, or identification Signage; and

vi.

Other similar Site improvements that do not increase Building area or intensity of Use.

b.

Interior remodeling, re-roofing, window/door replacement, façade maintenance, accessibility upgrades, mechanical/electrical/plumbing replacement, and similar improvements that do not increase Building area or intensity of Use;

c.

Normal Maintenance and Repairs necessary to keep a Structure or Site in safe condition; or

d.

Administrative Use Permit applications.

3.

Identification and Administration.

a.

The Zoning Administrator may identify a Nonconforming Zoning District through map review, complaint investigation, or any of the triggers listed in Subsection 1-9(B)(1)(b)(i-iii).

b.

Upon determination of a non-excepted nonconformity, the City may provide written notice to the property owner(s) describing the condition and the likely rezoning remedy; however, failure to provide notice does not waive the City's authority to apply this Section when a rezoning trigger occurs.

c.

The City may initiate a rezoning to remedy a Nonconforming Zoning District at any time in accordance with the Zoning Map Amendment procedures of Section 9-9 (Zoning Map Amendments).

C.

Nonconforming Lots. Where a Nonconforming Lot of Record does not meet the minimum area or width requirements for the applicable Base District, such Nonconforming Lot may be developed in accordance with the standards established for the applicable Base District, as provided by Article 3 (Base Districts).

D.

Nonconforming Uses.

1.

Change in Use. A Nonconforming Use may be changed to an allowed Use or another Nonconforming Use of similar or less intensive character. City Officials shall have the authority to determine whether a proposed Use is of similar or less intensive character. Whenever the Nonconforming Use of land has been changed to a more conforming Use; thereafter, the Use of such land shall not be changed to a less conforming Use.

2.

Discontinuance of Use. If a Nonconforming Use is discontinued for a period of two years or more, any future Use of the property shall be only in conformance with the provisions of this Ordinance.

3.

Nonconforming Manufactured and Mobile Homes. After a Nonconforming Manufactured Home or Mobile Home is removed from its site, thereafter, the site shall only be used in conformity with the regulations of this Ordinance. Any Manufactured Home or Mobile Home that has been unoccupied and disconnected from water, sewer/septic, and/or power service for a period of two or more years from the Effective Date of this Ordinance shall be subject to immediate removal. Failure to comply with the timeframe will result in penalties as stated in Section 9-12 (Penalties and Enforcement).

4.

Documentation of Legal Nonconforming Uses. City Officials shall document legal Nonconforming Uses in existence prior to the Effective Date as well as Uses that have become Nonconforming by the adoption of this Ordinance as they are discovered.

E.

Nonconforming Structures.

1.

Normal Maintenance and Repairs. Normal Maintenance and Repairs are permitted on any Nonconforming Structure or any Structure containing a Nonconforming Use. Such work may include but is not limited to repair or replacement of fixtures, wiring, plumbing, roofing, windows, siding, and non-loadbearing walls, provided the size of the Structure shall not be increased.

2.

Unsafe Structures. If a Nonconforming Structure is declared to be unsafe or unlawful, it shall not be restored, repaired, or rebuilt except in conformity with the regulations of the of this Ordinance. The City Official may require any unsafe Structure to be restored to a safe condition or to be demolished if the Structure cannot be restored to a safe condition due to practical constraints.

3.

Damage and Restoration. Any Nonconforming Structure that has sustained Substantial Damage, as determined by the City, shall not be restored except in conformity with the regulations of this Ordinance and state law. Any Nonconforming Structure that has been damaged to the extent of less than 50 percent of the Structure's value may be restored within its original footprint and used as before the damage.

F.

Expansion of Properties with Insufficient Parking, Insufficient Landscaping, Non-compliant Fencing, or Non-compliant Lighting. Any property in the C-1, I-1, or I-2 District that is Nonconforming because of parking, landscaping, or screening shall be improved when the Use is intensified to be brought closer to conformance with this Ordinance. Improvements shall be required as follows:

1.

Criteria.

a.

A one-time Building addition or site expansion of less than 25 percent shall be exempt from improvements.

b.

Buildings or sites expanding 25 percent to 49 percent shall meet one of the priorities listed under subsection 2 below, as selected by City Officials.

c.

Buildings or sites expanding 50 to 74 percent shall meet two of the priorities below, as selected by City Officials.

d.

Buildings or sites that are completely redeveloped or expanded by 75 percent or more shall conform with all requirements for parking, landscaping, and screening.

2.

Priorities.

a.

Overall increase to the existing amount of landscaped area and the number of trees and shrubs on site.

b.

Screening of existing outdoor storage areas and refuse collection.

c.

Screening between abutting Districts of lower intensity as required by Subsection 7-7(F).

d.

Improvement of parking areas, driveway Access, and driving aisles to conform to City standards.

(Ord. No. 692, 1-5-2026)

A.

Establishment of Legacy Districts. Several Districts that were established in previous amendments to Chapter XV of Watford City's Code of Ordinances are hereby classified as Legacy Districts. Such Districts include:

1.

A-2, Agricultural District.

2.

RR 2.5, Rural Residential District.

3.

RR 5, Rural Residential District.

4.

R-T, Townhome Residential District.

5.

C-2, Commercial/Service District.

6.

R-C, Condominium Residential District.

7.

CG, Campground District.

B.

Purpose. Legacy Districts are intended for retirement and eventual elimination from Watford City. The intent is to simplify the Ordinance and Zoning Map for staff, landowners, and Developers. Legacy Districts are not intended to increase the prevalence of Nonconforming Uses, Structures, or Lots. Any Use, Structure, or Lot that was lawful in a previously active District shall remain lawful in the Legacy District.

C.

Administration.

1.

Legacy Districts Shall Not Expand. Legacy Districts are permitted to continue but shall not expand. After the Effective Date of this Ordinance, no property shall be rezoned to a Legacy District, and no new Lots shall be platted and designated as a Legacy District.

2.

Rezoning to Active District. The following provisions shall guide the transition from Legacy Districts to active Base Districts:

a.

Any Legacy District may be rezoned to an active Base District, provided the existing or proposed Use or Structure is lawful in the Base District and conforms to all regulations of the Base District.

b.

Any application for Subdivision, Lot Combination, Lot Line Adjustment, or Building Permit which increases the footprint or height of a Structure or is otherwise a Substantial Improvement shall trigger rezoning to an active Base District.

c.

Watford City may proactively engage landowners to rezone Legacy Districts to active Districts.

d.

The application fee for Zoning Map Amendment shall be waived for rezoning from a Legacy District to a corresponding active District, unless the Zoning Map Amendment is otherwise required to facilitate a change in Land Use.

D.

Allowed Uses. All Uses that were allowed in Legacy Districts prior to the Effective Date of this Ordinance have been incorporated under one or more active Base Districts in Table 5-1 (Use Table). Uses may continue under Legacy Districts, as set forth in Table 1-1 (Legacy District Use Table), below, and may be subject to additional Use standards, as referenced in the table. Uses are classified as Permitted (P), Conditional (C), Administrative (A), or Temporary (T), as further defined in Section 5-1 (Use Classifications).

Table 1-1. Legacy District Use Table

E.

Dimensional Standards.Table 1-2 (Dimensional Standards for Legacy Districts) provides standards governing the dimensions of Lots, the size of Buildings, and the placement of Buildings in Legacy Districts. Until a Legacy District is no longer applied to property, its existing standards must be retained so that no property is "unzoned" during the process of retiring the Legacy District from the Ordinance. When any property zoned as a Legacy District is rezoned to an active Base District, all further Development shall comply with the standards of the new Base District and any Overlay District(s).

Table 1-2. Dimensional Standards for Legacy Districts

Notes:

a. 35 ft if within 150 ft of a Residential District.

b. Average Lot Width.

c. 10 ft for Dwellings, 25 ft for other Uses.

d. 0 ft where a common wall joins two Dwellings, otherwise 5 ft.

e. 0 ft where a common wall joins two Dwellings, otherwise 15 ft.

f. Subject to building code, fire, and safety standards.

g. 5 ft if the C-2 District is adjacent to a Dwelling; 3 additional feet for every 10 feet of Building height over 35 feet; Single-Family Dwellings shall follow the required setback for the R-1 District.

h. 15 ft if the C-2 District is adjacent to a Dwelling; otherwise, same as i., above.

i. 600 sf minimum tent area.

(Ord. No. 692, 1-5-2026)