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Watford City City Zoning Code

ARTICLE 2

- Rules and Definitions

Section 2-1.- General Terms and Rules for Interpretation

In the interpretation of this Ordinance, the following rules shall apply:

1.

Words and numbers used singularly shall include the plural and vice versa.

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Words used in the present tense shall include the future tense and vice versa.

3.

The word "shall" is mandatory.

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The word "may" is permissive.

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All references to laws, codes, rules, or statutes shall be construed as including any successor law, code, rule, or statute or amendment thereto.

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

Section 2-2. - Definitions

As used in this Ordinance, specific words or terms are defined herein. Such terms appear in uppercase typeface throughout the Ordinance; however, failure to appear in uppercase shall not mean that the word or term does not have the meaning proscribed in these definitions unless it is obviously apparent from the context of the use of the word or term.

Access. A means of providing physical entrance to a property or Lot from an abutting property, Road, or Right-of-Way.

Accessory Building. A subordinate Building detached from but located on the same Lot as the Principal Building.

Accessory Building, Permanent. An Accessory Building that is attached to a Permanent Foundation.

Accessory Building, Temporary. An Accessory Building that is not attached to a Permanent Foundation.

Accessory Solar Energy System. A solar energy conversion system, consisting of solar panels, support structures, and associated equipment, that is designed to provide electrical energy for on-site consumption, that is accessory to the Principal Use of the Lot. See Section 6-23 (Accessory Solar Energy Systems) for Use regulations.

Accessory Wind Energy System. A wind energy conversion system, including a wind turbine mounting system, and associated controls, that is accessory to the Principal Use of the Lot. See Section 6-24 (Accessory Wind Energy Systems) for Use regulations.

Adult Establishment. An adult bookstore, adult motion picture theater, adult mini-motion picture theater, or massage business, as further defined by NDCC Section 40-05-17. See Section 6-17 (Adult Establishments) for Use regulations.

Agricultural Use; Agriculture. The use of land, Buildings, or Structures for the cultivation of crops, the raising of livestock, or the storage, processing, and sale of such crops or livestock produced on site. This may include ancillary Structures necessary for operations such as barns or grain bins.

Agricultural-Related Commercial Activity. Commercial activity ancillary to General Agricultural Uses, including but not limited to the sale of feed, grain, or agricultural supplies, and any permanent or temporary Structures in which agricultural goods produced on the Lot are sold. See Section 6-12 (Agriculture-Related Commercial Activity) for Use regulations.

Airport. The Watford City Municipal Airport. See Subsection 4-2(A) for related definitions.

Alley. A way that affords a secondary means of Access to abutting property.

Alteration. A change or rearrangement in the structural parts of an existing Structure, including enlargement or relocation.

Animal Feeding Operation. An Animal Feeding Operation means a feedlot or facility, other than normal wintering operations for cattle, Horse Boarding or Pet Boarding, and an aquatic animal production facility, where the following conditions are met: (1) Animals, other than aquatic animals or horses, have been, are, or will be stabled or confined and fed or maintained for at least forty-five days in a twelve-month period; and (2) Crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season within the feedlot or facility.

Animal Hospital or Clinic. A Building to which animals are admitted principally for examination, treatment, board, or care by a Doctor of Veterinary Medicine. This Use does not include open kennels or runs.

Animal Unit. A standardized measure used to express the number of animals kept on a Lot by converting different species (and ages or sizes) into a common unit for purposes of determining compliance with Zoning standards. See Section 6-13 (Commercial Livestock and Domestic Farm Animals).

Apartment. A self-contained Dwelling Unit within a Multifamily Building designed for occupancy by a single household.

Automotive Repair, Minor. An establishment primarily engaged in the minor repair or maintenance of motor vehicles, including tire changes, lubrication, brake work, transmission work, and tune-ups, which is conducted within an enclosed Building.

Automotive Repair, Major; Heavy Equipment Repair. An establishment primarily engaged in the repair, rebuilding, or reconditioning of engines, motor vehicles, or other heavy mechanical equipment, including body work, collision repair, welding, and painting, which is conducted within an enclosed Building.

Bar. A Commercial establishment that's primary purpose is to sell alcoholic beverages for consumption on the premises. Bars may also serve food and provide entertainment such as music, games, or performances. This definition includes taverns, nightclubs, and similar Uses.

Baseline. The north-south line (Main Street) or east-west line (Park Avenue) used as the starting point for Street numbering purposes.

Basement. Any area of a Building having its floor subgrade (below ground level).

Bed and Breakfast Facility. A private home that is used to provide accommodation for a charge to the public, with not more than seven lodging units, as further regulated by NDCC Chapter 23-09.1. See Section 6-10 (Bed and Breakfast Facilities) for Use regulations.

Bedroom. A private room within a Dwelling Unit intended and suitable for sleeping. A Bedroom must have Floor Area of at least 70 square feet with a minimum width no less than seven feet, a ceiling with a minimum height of seven feet for at least 50 percent of the area of the Bedroom, a closet enclosed by at least three sides, accessibility from a common area (not through another Bedroom), at least one functioning privacy door, and a door or window that opens directly to the outside for emergency egress, meeting the adopted building codes.

Boarding, Horse. The keeping, stabling, feeding, watering, grooming, turning out, or otherwise caring for one (1) or more horses owned by others for compensation or other consideration, whether provided on a daily, weekly, monthly, or other periodic basis. Horse boarding includes the use of stalls, paddocks, corrals, pastures, arenas, or other facilities used in connection with such care, and may include ancillary services such as exercising, training, riding lessons, farrier coordination, and temporary layover care. Horse boarding does not include the keeping of horses solely owned by and kept for the private, noncommercial use of the property owner/occupant. See Section 6-25 (Animal Boarding) for Use regulations.

Boarding, Pet. The temporary keeping, housing, or care of domesticated household pets owned by others for compensation or other consideration, whether provided overnight or for daytime care, and whether provided on a daily, weekly, monthly, or other periodic basis. Pet boarding includes associated services such as feeding, watering, exercising, cleaning/sanitation, administration of owner-provided medications, and limited grooming. Pet boarding does not include in-home pet sitting services where the animal remains at the owner's dwelling, nor does it include veterinary hospitals/clinics when boarding is incidental to medical diagnosis or treatment. See Section 6-25 (Animal Boarding) for Use regulations.

Brewer Taproom. A licensed establishment that is permitted to manufacture a limited number of barrels of beer per year and to sell beer products produced on the premises for consumption on or off the premises, as further defined and regulated by NDCC Chapter 5-01.

Building. Any Structure having a roof supported by columns or walls and intended for occupancy, habitation, or storage.

Building Height. The vertical dimension measured from the average elevation of the finished Lot grade at the front of the Building to the highest point of a flat roof, to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip, or gambrel roof.

Building Line. The leading edge or foremost projection of the Building; typically the roof line.

Bulk Freshwater Storage. The large-scale storage of water in tanks or reservoirs for Commercial or non-Commercial Use. This does not include bulk municipal water storage. See Section 6-14 (Bulk Freshwater Storage) for Use Regulations.

Bulk Freshwater Storage, Commercial. A Bulk Freshwater Storage facility that sells bulk water for Use or consumption off the premises. See Section 6-14 (Bulk Freshwater Storage) for Use Regulations.

Bulk Freshwater Storage, Non-Commercial. A Bulk Freshwater Storage facility intended for private Use, including but not limited to stock dams for watering Commercial Livestock.

Campground. Any area of land containing three or more Campsites for occupancy by Recreational Vehicles or tents. See Section 6-21 (Campgrounds) for Use regulations.

Campsite, Group. A campsite that accommodates no more than four Recreational Vehicles or tents.

Campsite, Recreational Vehicle. A campsite that accommodates no more than one Recreational Vehicle.

Campsite, Tent. A campsite that accommodates no more than two tents.

Carport. A roof projecting from the wall of a separate Building or a freestanding Building with a permanent foundation, which is not enclosed by walls, and used to shelter a vehicle.

Child Care Center. An early childhood program licensed to provide early childhood services to 19 or more children, as further defined and regulated by NDCC Chapter 50-11.1.

Child Care, Family. A private residence licensed to provide early childhood services for no more than seven children at any one time, except that the term includes a residence licensed to provide early childhood services to two additional school-age children, as further defined and regulated by NDCC Chapter 50-11.1.

Child Care, Group. A child care program licensed to provide early childhood services to 30 or fewer children, as further defined and regulated by NDCC Chapter 50-11.1.

City. The City of Watford City.

City Official. Any official of Watford City who shall have the authority to approve or deny applications or requests for Development, or to otherwise administer the provisions of this Ordinance, as provided herein. Such officials include but are not limited to the City Planner, City Engineer, Building Official, or their designees.

Commercial Entertainment, Indoor. Any establishment providing recreational activities or games for the amusement and patronage of the public, which are wholly conducted within a Building. Examples include but are not limited to a movie theater, bowling alley, pool hall, escape room, and arcade. Accessory Uses may include the preparation and serving of food and beverages.

Commercial Entertainment, Outdoor. Any establishment providing recreational activities or games for the amusement and patronage of the public, which are wholly or partially conducted outdoors. Examples include but are not limited to miniature golf, paintball.

Commercial Livestock. Any domesticated animal raised for a Commercial Use. See Section 6-13 (Commercial Livestock and Domestic Farm Animals) for Use regulations. This term does not include the occasional sale of pets' or Domestic Livestock's offspring.

Commercial Use. The Principal Use of property is for the sale, lease, rental, or trade of products, goods, or services.

Common Area Development. A Development containing areas that are designated for the common ownership and use of multiple property owners, including all areas of a condominium that are not individually owned, as further defined and regulated by NDCC Chapter 47-04.1. Common Area Development square footages are considered for minimum Lot size requirements based on Dwelling Units. See Section 6-5 (Common Area Developments and Condominiums) for Use regulations.

Condominium. A Development containing estates in real property consisting of undivided interests in common in a portion of a Lot together with a separate interest or interests in space in a Building, on such Lot. Condominiums are further defined and regulated by NDCC Chapter 47-04.1. See also: Common Area Development. See Section 6-5 (Common Area Developments and Condominiums) for Use regulations.

Congregate Living Facility. Any Building that provides living quarters, meals, and/or care for three or more people by compensation and arrangement. The term includes assisted living, independent living, shelters, and dormitories, as well as lodging houses and boarding houses, as defined by North Dakota Century Code, but does not include Group Home or Hotel. See Section 6-6 (Congregate Living Facility) for Use regulations.

Crematory. A Building or Structure containing one or more cremation chambers or retorts for the cremation of human cadavers.

Data Center. A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer or network equipment, servers, and other equipment, appliances, and components related to digital data storage and operations. A Data Center may be an Accessory Use on a Parcel with a different Primary Use. See Section 6-19 (Data Centers) for Use regulations.

Developer. An individual, partnership, corporation, or other legal entity that initiates, finances, and manages the planning, design, permitting, and construction of residential, commercial, industrial, or mixed-use Developments on a given property.

Development. Any human-caused change to improved or unimproved real estate that requires a permit or approval from any agency of Watford City or McKenzie County, including but not limited to New Construction and Structural Alterations; any mining, drilling, extraction, dredging, or paving; any material change in Use or in the intensity of Use; and any Subdivision of land.

Development Agreement. An agreement between Developer(s) and the City that establishes the responsibilities regarding project phasing, the construction and maintenance of public and private facilities and improvements, and any other terms or requirements that may be required to establish the responsibilities of undertaking a Development. See Section 9-4 (Development Agreements) for requirements.

Development Permit. Any permit that is required to effectuate a Development, including but not limited to Building Permits, Sign Permits, Fence Permits, Mailbox Permits, Floodplain Development Permits, Construct and Repair Permits, Water and Sewer Access Permits, or state or federal permits. See Section 9-2 (Development Permits and Development Plans) for specifics.

District; Zone. A designated region in Watford City or its ETA with uniform regulations governing the Use of property, the placement and scale of Structures, and other aspects of the built environment.

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District, Base. A District that establishes the types of Uses that are allowed and the minimum requirements for Lots and Structures.

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District, Floating. A District that is not specified on the Official Zoning Map until the conditions for its implementation are met.

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District, Legacy. A District that is intended for phaseout and retirement from the Official Zoning Map.

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District, Overlay. A District that adds requirements that modify or supersede the requirements of the underlying Base District.

Domestic Farm Animal. Any horses, cattle, pigs, rabbits, sheep, goats, llamas, alpacas, geese, ducks, or chicken raised for domestic purposes. See Section 6-13 (Commercial Livestock and Domestic Farm Animals) for Use regulations.

Dwelling. A Building or portion thereof designed and used primarily for Residential purposes. Related terms include:

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Dwelling, Multifamily. A Dwelling within a Building or Parcel that contains three or more Dwelling Units.

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Dwelling, Single-Family. A Dwelling on an individual Lot having accommodations for and occupied exclusively by one household.

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Dwelling, Single-Family Attached. A Single-Family Dwelling that is attached to at least one other Dwelling within the same Building, whether attached vertically or horizontally by means of one or more common fire-resistant walls.

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Dwelling, Single-Family Detached. A Single-Family Dwelling that is not attached to any other Dwelling.

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Dwelling, Two-Family; Duplex. A Residential Building on a single Lot that contains two Dwelling Units, with a separate entrance for each.

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Dwelling Unit; Unit. One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the Dwelling Unit for the exclusive use of a single household.

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Dwelling Unit, Accessory (ADU). A separate Dwelling Unit that is ancillary to the Principal Single-Family Dwelling, whether within the same Building as the Principal Dwelling Unit or within a detached Accessory Building on the same Lot. See Section 6-3 (Accessory Dwelling Units) for Use regulations.

Easement. A grant by a property owner for the Use or Access of land by a Person or the public for specific purposes, such as the construction or maintenance of utilities.

Effective Date. The date of adoption of this Ordinance.

Engineered Post-Framed Building. A Building primarily supported by wood columns embedded in the earth.

Extraterritorial Area; Extraterritorial Jurisdiction. The unincorporated area to which this Ordinance applies. The boundary of the Extraterritorial Area (ETA) may extend outward from Watford City's corporate boundary to include any quarter-quarter section of unincorporated territory if the majority of the quarter-quarter section is within two miles of the corporate boundary, as finalized by agreement between Watford City and McKenzie County.

Factory-Built Building. A Building, not used as a Dwelling, that is built in a controlled factory environment to a HUD or Industrialized Building Commission standard. These Buildings are built as a whole or in sections or modules, which are then transported to the final site for assembly and/or attachment to a foundation.

Factory-Built Home. A Dwelling that is constructed in a controlled factory environment. These homes are built in sections or modules, which are then transported to the final site for assembly. Related terms include:

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Manufactured Home. A home built in a factory and transported to the site on a permanent chassis. These homes are constructed according to the Manufactured Home Construction and Safety Standards Code (HUD Code) and display a certification label on the exterior of each transportable section.

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Manufactured Home Park. Any Lot, Parcel, or tract under single ownership or management that has been planned and improved for the placement of multiple Factory-Built Homes or Mobile Homes, whether for compensation or not, including all Accessory Uses thereof.

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Mobile Home. A Factory-Built Home designed to be used as a year-round Dwelling and built prior to June 15, 1976, the official date of adoption of the Manufactured Home Construction and Safety Standards Code (HUD Code). Mobile Homes are legal Nonconforming Uses. They may be located within a Manufactured Home Park or within a Lot designed for the accommodation of one Mobile Home.

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Modular Home. A home built in sections (modules) in a factory setting. These modules are then transported to the site and assembled on a permanent foundation. Modular Homes must meet state and local Building codes.

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Panelized Home. A home consisting of wall panels, complete with windows, doors, wiring, and exterior siding, which are constructed in a factory and then transported for assembly on site. Panelized Homes must meet state and local Building codes.

Farm. Any Lot in the A-1, Agricultural District or the A-2 Legacy District that is used for gain in the harvesting of crops or the raising of livestock, excluding Animal Feeding Operations as further regulated by NDCC Section 58-03-11.1.

Floating District. See District, Floating.

Flood; Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or from the unusual and rapid accumulation or runoff of surface waters from any source. See Subsection 4-1(A) for related terms and additional definitions.

Floor Area. The total area of a Building measured by taking the outside dimensions of the Building at each floor level intended for occupancy or storage.

Frontage. All the property on one side of a Street between two intersecting Streets measured along the line of the Street. Where a Street is dead ended, the Frontage shall be considered as all that property abutting on one side between an intersecting Street and the dead end of the Street.

Funeral Home. A facility used for pre-burial preparation of human cadavers including but not limited to a mortuary, chapel, and viewing area, but not including a Crematory or cemetery.

Future Land Use Plan; Future Land Use Map. A Future Land Use Plan is a guiding document or component of a comprehensive plan that outlines the intended distribution and general types of land uses—such as Residential, Commercial, Industrial, Institutional, Agricultural, and open space—within a jurisdiction over a long-term planning horizon, typically 10 to 25 years. It establishes the community's vision for growth and development, based on goals, policies, and infrastructure considerations. The plan helps inform zoning decisions, capital improvements, annexation strategies, and Land Use regulations for orderly and sustainable development.

Garage. A Structure designed for the storage or servicing of motor vehicles. Related terms include:

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Garage, Accessory. An Accessory Building that is ancillary to a Principal Detached Single-Family Dwelling, which is designed for the storage of private motor vehicles and other personal belongings. See Section 6-2 (Accessory Buildings) for Use regulations.

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Garage, Private. A Building with a Permanent Foundation designed for the storage of motor vehicles and other personal belongings that is the Principal Use on the Lot in a Residential District. A Private Garage is not an Accessory Building for setback purposes. See Section 6-4 (Private Garages) for Use regulations.

Gas Station; Convenience Store. Any property on which motor fuels are stored, sold, and dispensed to motor vehicles from fixed equipment. Such establishments may offer other items for retail sale and may include a freestanding car wash as an Accessory Use.

General Retail and Services. Any business engaged in the sale of goods or services directly to consumers for consumption on or off the site. Examples of General Retail Sales and Services include but are not limited to banks, barber shops/beauty salons, bookstores, clothing and accessories stores, drug stores, grocery stores, hardware stores, jewelry stores, shopping centers, and tattoo parlors. For the purposes of this Ordinance, this term specifically excludes those Uses that are explicitly listed below General Retail Sales and Services in Table 5-1 (Use Table).

Gross Area. The total area within a Lot or Parcel of land before Public Streets, Easements, or other areas to be dedicated or reserved for public Use are deducted from such Lot or Parcel.

Group Home. Any community Residential facility, foster home, family care facility, or other similar home for individuals with a developmental disability, as further defined and regulated by NDCC Section 25-16-14. Per NDCC, Group Homes serving six or fewer individuals must be permitted in a Single-Family Residential District (i.e., R-1) and Group Homes serving eight or fewer individuals must be allowed in all Residential Districts Multifamily Dwellings (i.e., R-2 through R-4).

Habitable Space. Space in a Building for living, sleeping, dining, or cooking. By way of example and not limitation, bathrooms, toilet rooms, closets, halls, storage, and utility spaces are not considered Habitable Spaces.

Hard Surfaced. A surface that is covered by asphalt or concrete and meets or exceeds City standards based on anticipated use.

Home Occupation. An occupation conducted in any Dwelling or on a Lot where the Principal Use is a Residential Use. See Section 6-7 (Home Occupations) for Use regulations.

Hospital. A Building that provides medical treatment, surgical care, and nursing for sick or injured people, primarily involving inpatient care.

Hotel. A Building in which lodging or boarding is provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an interior lobby or office supervised by staff at all hours. See Section 6-9 (Motels and Hotels) for Use regulations.

Infrastructure Improvement, Maintenance, and Warranty Agreement. An agreement between a Developer(s) and the City that determines the proper maintenance and performance of public infrastructure improvements constructed outside the bounds of a Subdivision and/or related Development. Such improvements may include Streets, sidewalks, water and sewer systems, stormwater infrastructure, streetlights, and other public facilities. See Section 8-5 (Public Improvement Plans) for requirements.

Industrial Use. The Use of land or Buildings for the production, manufacturing, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Related terms include:

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Industrial, Heavy. An Industrial Use that generates fumes, gases, smoke, vapors, vibrations, noise, or glare, or similar nuisances that may cause adverse effects on users of adjacent land.

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Industrial, Light. An Industrial Use that does not generate fumes, gases, smoke, vapors, vibrations, noise, or glare that are perceptible from beyond the property line.

Institutional Use; Civic Use. The Use of land or Buildings for public purposes that are strongly associated with community, social, or public importance rather than individual or business purposes. Examples include schools, Religious Institutions, Hospitals, and government Uses.

Junkyard. A Commercial operation that sells or accepts scrap materials, vehicles, or machinery, which are stored outdoors. Junkyards may also be used for dismantling, demolition, or abandonment of vehicles, machinery, or scrap materials. See Section 6-22 (Junkyards) for Use regulations.

Land Use. Refers to the purpose or function for which a Parcel or its Structures is designated, developed, or utilized. It encompasses such categories as Residential, Commercial, Industrial, Agricultural, and Institutional Uses as shown in Table 1-1 Legacy District Use Table and Table 5-1 Use Table.

Liquor Store. A retail establishment with the primary purpose of selling alcoholic beverages for consumption off the premises.

Lot. A tract of land, owned by one Person or jointly owned, the boundaries of which are established or depicted by a Subdivision Plat, a metes-and-bounds description, or by reference to a U.S. Government Section or portion thereof. Related terms include:

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Lot, Aliquot. A fractional part of a Public Land Survey System section, created by subdividing a section along established survey lines. An Aliquot Lot is identified by its fractional call and legal description, and its boundaries coincide with recorded section quarter section and quarter-quarter lines rather than new metes-and-bounds bearings and distances. E.g., NW1/4NW1/4 of Section X, Township Y, Range Z, 5 th P.M.

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Lot, Corner. A Lot abutting upon two or more Streets at their intersection or upon two parts of the same Street forming an interior angle of less than 135 degrees.

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Lot Depth. The mean horizontal distance between the front and the rear Lot Lines.

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Lot, Double Frontage. A Lot having a frontage on two nonintersecting Streets.

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Lot Line. A line dividing one Lot from another Lot, Parcel, or tract, or from a Street, Alley, or any public place.

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Lot Line Adjustment. A reconfiguration of Lot Lines that results in an equal or lesser number of Lots or Parcels, all of which shall contain sufficient area and dimension to meet the minimum requirements of the applicable District(s).

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Lot of Record. A Lot designated on a Subdivision Plat or in a legally recorded deed, as recorded in the office of the McKenzie County Recorder.

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Lot Width. The straight-line distance between side Lot Lines, as measured at the Front Yard Setback.

Medical Clinic. Any establishment in which outpatients obtain medical examination, treatment, or advice, or in which employees of the establishment disburse medication to outpatients. This definition includes but is not limited to the licensed practice of optometry, dentistry, and psychiatry.

Medical Marijuana Compassion Center. A facility that dispenses or manufactures medical marijuana, as authorized by the North Dakota Department of Health and Human Services. See Section 6-18 (Compassion Centers) for Use regulations. Related terms include:

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Medical Marijuana Dispensary. A Compassion Center authorized to dispense usable marijuana to a registered qualifying patient and a registered designated caregiver, as further defined by NDCC Chapter 19-24.1.

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Medical Marijuana Manufacturing Facility. A Compassion Center authorized to produce, process, and sell usable marijuana to a dispensary.

Microbrew Pub. A licensed establishment that is permitted to manufacture a limited number of barrels of beer per year and to sell beer products produced on the premises for consumption on or off the premises, as further defined and regulated by NDCC Chapter 5-01.

Minimum Landscaped Area. For Single-Family Dwelling and Two-Family Dwellings, includes all Yards and boulevards, excluding areas required for off-street parking, Access, or public improvements. For Multifamily, Commercial, and Industrial, includes all required Front Yards and Side Yards, excluding areas covered by Buildings (not including Temporary Accessory Buildings), walkways, driveways, or off-street parking and loading areas.

Mixed-Use Development. A Development that includes two or more different Use types (e.g., Residential and Commercial) within a Building or on a Parcel.

Motel. A Building in which lodging or boarding is provided and offered to the public for compensation and in which ingress and egress to each individual guest room is made through an exterior door. See Section 6-9 (Motels and Hotels) for Use regulations.

Motor Vehicle Impound Lot. A Lot or Parcel used for the temporary storage of impounded motor vehicles. Prohibited activities include the crushing/dismantling of vehicles, vehicle stacking, and the salvage or sale of vehicle parts. See also: Junkyard.

Motor Vehicle Sales. A business that sells cars, trucks, boats, Recreational Vehicles, trailers, farm implements, or similar heavy machinery, which are generally displayed outdoors.

NDCC. North Dakota Century Code.

Nonparticipating Landowner. Any landowner that is not Participating.

Nonconforming; Nonconformity. A term used to describe Structures, Lots, or Uses that were lawfully established but do not conform to current regulations of this Ordinance or amendments thereto. See Section 1-9 (Nonconformities) for specific requirements. Related terms include:

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Nonconforming Structure. A Structure that was lawfully established but does not conform to current regulations of this Ordinance or amendments thereto. Examples include but are not limited to Buildings that do not meet current Setback requirements, Building coverage requirements, or Floodproofing standards.

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Nonconforming Lot. A Lot that was lawfully established but does not conform to current District standards for minimum Lot Area, Lot Width, or Lot Depth.

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Nonconforming Use. Any Use of land or Buildings that was lawfully established but does not conform to current regulations of this Ordinance or amendments thereto. Examples include Uses that are no longer allowed in the District in which they are located or that do not conform with the applicable standards of Article 6 (Use-Specific Regulations).

Normal Maintenance and Repairs. Any work done to restore a Structure to its previous condition without making structural changes or expanding the Structure; especially, any work done on a Nonconforming Structure that does not constitute expansion, Structural Alteration, or reconstruction.

Open Space. Land used for recreation, resource protection, amenities, or buffer yards. Within a Development, Open Space is designed and intended for the common use or enjoyment of the residents, is not individually owned or dedicated for public Use, and may include complementary Structures and improvements. See Section 8-6 (Open Space Requirements) for requirements.

Ordinance. The Watford City Land Development Ordinance: Chapter XV of the Watford City Municipal Code of Ordinances.

Overlay District. See District, Overlay.

Parcel. A contiguous area of land owned by or recorded as the property of the same Person or Persons. A Parcel may contain one or more Lots.

Participating Landowner: Any Person who is a party to a contract for Development, typically as a lessee for oil or gas extraction, wind, or solar development.

Permanent Foundation. Permanent masonry, concrete, wood, or other City-approved footing or foundation, to which a Structure is affixed.

Person. Any individual, firm, trust, partnership, association, organization, company, or corporation, whether one or more.

Plan, Drainage. A scaled plan prepared by a licensed engineer that shows how stormwater will flow and be managed on a site.

Plan, Grading. A scaled plan prepared by a licensed engineer that shows existing and proposed contours and spot elevations for a site and that includes earthwork quantities (cut and fill).

Plan, Infrastructure. A scaled plan prepared by a licensed engineer that shows existing and proposed infrastructure and infrastructure modifications, including but not limited to alignments, materials, and sizing for water lines and sanitary sewer lines, and proposed Easements or Rights-of-Way to contain these facilities.

Plan, Site. A scaled plan that shows existing and proposed Lot Lines, Setbacks, Structures, Streets, parking areas, landscaping, utilities, topography, and drainage courses for a Lot or Parcel.

Plan, Site Development. A scaled plan prepared by a licensed engineer that shows existing and proposed Lot Lines, Setbacks, Structures, Streets, parking areas, landscaping, utilities, topography, and drainage courses for a project area.

Planning and Zoning Commission. The duly designated Planning and Zoning Commission of Watford City, North Dakota, as appointed by the City Council.

Point of Origin. The intersection of the north-south and east-west baselines establishing zero at the intersection.

Primary Residence. A Dwelling occupied by an individual as that individual's primary place of residence. An individual may not have more than one Primary Residence.

Principal Building. The main Building on a Lot or Parcel, where the Primary Use of the land takes place.

Recreational Vehicle. Any motor vehicle or portable unit that provides a living space to be used for travel or recreational purposes. The term includes travel trailers and campers. A Recreational Vehicle is not a Dwelling.

Religious Institution. A Building, together with its Accessory Buildings and Uses, in which individuals regularly assemble for religious purposes and social events.

Restaurant. A Building in which the Principal Use is the preparation and serving of food. The term does not include Bars or Brewery Taprooms; however, it may have an Accessory Use of selling alcohol.

Residential Use. The occupancy or use of land, Buildings, or Structures primarily for the purpose of providing dwelling accommodations to one or more individuals or households. Residential Use may also include Accessory Uses customarily incidental to the Principal Building, such as Garages and Accessory Dwelling Units, provided they are in compliance with the applicable Base District.

Right-of-Way. A public or private area of land that allows the passage of people and goods, which may also accommodate utilities. In addition to Streets and Alleys, the Right-of-Way normally incorporates curbs, boulevards, sidewalks, lighting, and drainage facilities. Public Right-of-Way is dedicated or granted for public use and is under the control of a public agency.

Seismographic Exploration. The use of seismic energy or sound waves to create a profile of subsurface geology, primarily as an aid in searching for economic deposits of oil, gas, or minerals. See Section 6-16 (Seismographic Exploration) for Use regulations.

Setback. The minimum distance by which any Building or Structure must be separated from a Lot Line, Right-of-Way, centerline, or other Building or property.

Short-Term Rental. A Dwelling Unit, or portion thereof, which provides overnight lodging to the traveling public for compensation for a period of less than 30 consecutive days. Any lodging Use with more than six Bedrooms or that accommodates more than 11 occupants shall be considered a Hotel and shall be required to comply with all regulations for Hotels. See Section 6-11 (Short-Term Rentals) for Use regulations.

Sign. Any emblem, name, identification, description, or illustration that is used to communicate, having a permanent location on the ground, or attached to or painted on a Structure, excluding Public Art. See Subsection 7-6(B) for related definitions.

Sight Triangle. An area at the intersections of Streets, Alleys, and driveways, within which views shall be unobstructed from a height of three feet and above. See Section 7-8 (Sight Triangles).

Storage Container. An intermodal shipping container, often referred to as an ISO box or CONEX box, or other similar portable container or receptacle including railroad cars and semi-truck trailers, used for the temporary storage or shipment of personal property, construction materials, or merchandise. See Section 6-20 (Storage Containers) for Use regulations.

Street; Road. Any thoroughfare, including Roads and highways but not including Alleys, which provides principal Access to adjacent properties. For the purposes of this Ordinance, the terms Street and Road are synonymous. Related terms include:

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Street, Dedicated. Any Street dedicated or granted to and accepted by Watford City.

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Street, Private. Any Street that is not publicly owned or maintained, which provides vehicular Access within a Development.

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Street, Public. Any vehicular Access that is an existing State, County, or municipal Street; is shown upon a Plat approved pursuant to law: or is approved by other official action, whether improved or unimproved.

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Street Direction. The portion of an address which indicates the direction a Street travels from a Baseline.

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Street Name. The portion of an address which is neither a Street Direction nor a Street Suffix.

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Street Number. The portion of an address which is used as the property or Building identifying number along a Street.

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Street Suffix. The portion of an address indicating the Street type designation such as Avenue (AVE), Street (ST), etc.

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Street Line. A dividing line between a Lot or Parcel and the contiguous Street.

Structure. Anything constructed or erected on the ground, including but not limited to Buildings, Signs, and Fences.

Structural Alteration. Any change in the supporting members of a Building, such as bearing walls or partitions, columns, beams, or girder, or any complete rebuilding of the roof or exterior walls.

Subdivision. The division of a Lot, Parcel, or tract into two or more Lots, Parcels, or tracts, except that:

1.

The allocation of property by court decree in settling the estate of a decedent or in partitioning land among owners shall not be deemed a Subdivision.

2.

The unwilling sale of land as the result of legal condemnation procedures, or the acquisition of Right-of-Way by a public agency in conformance with the Comprehensive Plan, shall not be deemed a Subdivision.

Subdivision Improvement, Maintenance, and Warranty Agreement. An agreement between a Developer(s) and the City that determines the proper maintenance and performance of public infrastructure improvements constructed as part of a Subdivision Development. A Subdivision Improvement, Maintenance, and Warranty Agreement will include any improvements constructed outside the bounds of a Subdivision and/or related Development when required for a Development Agreement. These improvements may include Streets, sidewalks, water and sewer systems, stormwater infrastructure, streetlights, and other public facilities. See Section 8-5 (Public Improvement Plans) for requirements.

Subdivision Plat. A plan or map prepared in accordance with the provisions of Article 8 (Subdivision Regulations) to be recorded with the McKenzie County Recorder.

Substantial Damage. Damage of any unintentional origin sustained by a Structure whereby the cost of restoring the Structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the Structure before the damage occurred.

Substantial Improvement. Any single repair, combination of repairs, reconstruction, addition, or other improvement of a Building, taking place during a period of five consecutive years, the cumulative cost of which equals or exceeds 50 percent of the market value of the Building either:

1.

During the year the improvement or repair is started; or

2.

If the Building has been damaged and is being restored, before the damage occurred.

A Substantial Improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the Building commences, whether or not that alteration affects the external dimensions of the Building. However, the term does not include any alteration of a Building listed on the National Register of Historic Places or a State Inventory of Historic Places.

Surface Mining. All, or any part of, the process of mining by removal of the overburden and extraction of minerals or aggregate resources, including the segregation, stockpiling, and recovery of mined materials. See Section 6-15 (Surface Mining) for Use regulations.

Temporary Workforce Housing. A facility, group of Dwelling Units, or a standalone Dwelling Unit providing short-term accommodations for workers. Temporary Workforce Housing is not intended for permanent occupancy and is subject to time limitations; permit requirements; and health, safety, and infrastructure standards as established by the City. See Section 6-8 (Temporary Workforce Housing) for Use regulations.

Townhouse. A Building containing at least two Attached Single-Family Dwelling Units, in which all Dwelling Units are separated by one or more common fire-resistant walls and have separate means of entrance.

Transient Business. Any business operated by a merchant, as defined by Section 6-201(1) of Watford City's Code of Municipal Ordinances, that is temporarily located in Watford City or its ETA or that travels from place to place within the City or its ETA.

Use. Any purpose for which a Lot, Structure, or tract of land may be designated, arranged, intended, maintained, or occupied. Related terms include:

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Use, Accessory. A Use that is that is customarily incidental and subordinate to that of the Principal Use or Structure. An Accessory Use cannot be the only Use of a Lot.

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Use, Allowed. Any Use that is lawfully allowed within one or more Districts. Such Uses may be Permitted, Conditional, Administrative, or Temporary.

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Use, Administrative. Any Use that is allowed within one or more Districts subject to administrative review and approval. Such Uses are indicated by the A symbol in Table 5-1 (Use Table).

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Use, Conditional. Any Use that is allowed within one or more Districts subject to approval of a Conditional Use Permit, which shall only be granted according to the provisions of this Ordinance. Such Uses are indicated by the C symbol in Table 5-1 (Use Table).

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Use, Permitted. Any Use that is permitted by right within one or more Districts. Such Uses are indicated by the P symbol in Table 5-1 (Use Table).

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Use, Temporary. Any Use that is permitted for a temporary duration, and which may be allowed as an Administrative Use or a Conditional Use within one or more Districts.

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Use, Principal; Primary Use. The main or primary purpose for which a Lot, Structure, or Parcel is designated, arranged, intended, maintained, or occupied.

Variance. A property right, running with the land, that allows for modification to the regulations or provisions of this Ordinance. Section 9-8 (Variances) describes how and when a Variance is available.

Xeriscaping. A landscaping style that requires little or no irrigation, while still maintaining aesthetically pleasing design elements including drought-tolerant plants. Noxious weeds are not allowed.

Yard. An open space at grade on a Lot with a Building, between the Building and the adjoining Lot Lines, which is unoccupied and unobstructed by any Structure, except as otherwise provided herein. Related terms include:

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Yard, Front. A Yard extending across the full width of the Lot and lying between the front Lot Line and the nearest point of the Building Line.

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Yard, Corner Side. A Side Yard that abuts a Street.

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Yard, Interior Side. A Side Yard located immediately adjacent to another Lot or to an Alley separating such Side Yard from another Lot.

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Yard, Rear. A Yard extending across the full width of a Lot and lying between the rear Lot Line and the nearest point of the Building Line.

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Yard, Side. A Yard extending from the front Lot Line to the rear Lot Line and lying between the side Lot Line and the nearest point of the Building Line.

Zoning Administrator. The City Planner of Watford City or his or her designees.

Zoning Map Amendment. The act of rezoning one or more Lots or Parcels. See Section 9-9 (Zoning Map Amendments) for requirements.

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