Watford City City Zoning Code

ARTICLE 4

- Special Districts

Section 4-1.- FOD, Floodplain Overlay District

Statutory authorization, findings of fact, purpose, and objectives.

Statutory authorization. The Legislature of the State of North Dakota has in North Dakota Century Code, Chapters 40-05, 11-11 and 58-06, delegated responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the City Council of Watford City, North Dakota does ordain as follows:

Findings of fact.

The flood hazard areas of Watford City are subject to periodic inundation which can endanger life, result in loss of property, create health and safety hazards, disrupt commerce and governmental services, cause extraordinary public expenditures for flood protection and relief, and impair the tax base, all of which adversely affect the public health, safety, and general welfare.

Flood losses caused by the cumulative effect of obstructions in the special flood hazard areas cause increases in flood heights and velocities. Inadequately floodproofed, elevated or otherwise unprotected structures also contribute to the flood loss.

Statement of purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

To protect human life and health;

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in special flood hazard areas;

To help maintain a stable tax base by providing for the second use and development of special flood hazard areas so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in a special flood hazard area; and

To ensure that those who occupy the special flood hazard areas assume responsibility for their actions.

Methods of reducing flood losses. In order to accomplish its purposes, this ordinance includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Definitions. The following definitions shall be used throughout this Section 4.2. Anywhere else within the Watford City Municipal Code of Ordnances, if the following definitions conflict with other definitions or general usage, these definitions shall not be used. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance.

"Base flood or 100-year flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Base Flood Elevation" (BFE) means the height of the base flood or 100-year flood usually in feet, measured in the same datum (either NAVD88 or NGVD29) as the FIRM.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

"Best Available Information" (BAI) means water elevation information from any source used to estimate or determine a base flood elevation (i.e. high water mark).

"Community" means any political subdivision that has the authority to zone, or any Indian tribe or authorized tribal organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

"Conveyance or hydraulic conveyance" means a geometric characteristic of a river or watercourse at a given point that determines the flow-carrying capacity at that point.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the special flood hazard area.

"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood Insurance Rate Map" (FIRM) means the official map issued by the Federal Emergency Management Agency where special flood hazard areas are designated as Zone A, AE, AO, AH, A1-A30 or A-99.

"Flood Insurance Study" (FIS) means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.

"Flood" or "flooding" means 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.

"Floodplain administrator" The individual designated by City Officials who is authorized to grant or deny Floodplain Development Permits and administer the provisions of the Floodplain Overlay District.

"Floodproofing (dry)" means protection provided a structure, together with attendant utilities and sanitary facilities, which is watertight two feet above the base flood elevation with walls that are substantially impermeable to the passage of water.

"Floodway or regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Lowest floor" means the lowest floor of a structure including the basement.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle" but does include "mobile home".

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance.

"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

"Person" means any person, firm, partnership, association, corporation, limited liability company, agency, or any other private or governmental organization, which includes any agency of the United States, a state agency, or any political subdivision of the state.

"Reasonably safe from flooding" means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area, and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

"Recreational vehicle" means a vehicle which is:

built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

designed to be self-propelled or permanently towable by a light duty truck;

designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use; including, but not limited to;

travel trailers, trailers on wheels, park-model trailers, and other similar vehicles.

"Special Flood Hazard Area" (SFHA) means an area of land that would be inundated by a flood having a one percent chance of being equaled or exceeded in any given year.

"Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Structure" means a walled and roofed building, including manufactured homes and gas or liquid above-ground storage tanks.

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

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

Before the improvement or repair is started; or

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "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 structure.

The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Watercourse" means only the channel and banks of an identifiable watercourse, and not the adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the flood carrying capacity of the channel, except in the case of alluvial fans, where a channel is not typically defined. The definition of watercourse in N.D.C.C. § 61-01-06 is not applicable in this ordinance.

"Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

"Violation" means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by the community's floodplain management ordinance is presumed to be in violation until such time as that documentation is provided.

General provisions.

Lands to which this ordinance applies. This ordinance shall apply to all special flood hazard areas within the jurisdiction of Watford City and its Extraterritorial Area.

Basis for establishing the special flood hazard areas. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Watford City, dated September 2, 2015", with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at City Hall 213 2 ^nd St. NE, Watford City, North Dakota 58854.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations.

Greater restrictions. This ordinance is not intended to repeal, remedy, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this ordinance, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and disclaimer or liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This ordinance does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Watford City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.

Administration.

Establishment of development permit. A development permit shall be obtained before construction or development begins within any special flood hazard area established in Section C2. Application for a development permit shall be made on forms furnished by the Floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM, of the lowest floor of all structures;

Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria inSection E2(b); and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the floodplain administrator. The Floodplain administrator is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

Duties and responsibilities of the floodplain administrator. Duties of the Floodplain administrator shall include, but not be limited to:

Permit Review.

Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

ii.

Approve or deny all applications for development permits required by adoption of this ordinance.

iii.

Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

iv.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section E4 are met.

Use of other base flood data. When base flood elevation data has not been provided in accordance with Section C2, Basis for Establishing the Special Flood Hazard Areas, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available (known as best available information) from any other federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in the floodplain are administered in accordance with Section E2, Specific Standards.

Information to be obtained and maintained.

Obtain and record the actual elevation (in the same datum (either NAVD88 or NGVD29) as the FIRM), of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

ii.

For all new or substantially improved floodproofed structures:

obtain and record the actual elevation (in the same datum (either NAVD88 or NGVD29) as the FIRM), to which the structure has been floodproofed; and

maintain the floodproofing certifications required in Section D1(c).

iii.

Maintain for public inspection all records pertaining to the provisions of this ordinance.

Alteration of watercourses. The responsible person shall:

Notify nearby communities, water resource districts, and the North Dakota Department of Water Resources, as necessary, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;

ii.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; and

iii.

Notify the appropriate water resource district prior to removal or placement of fill within two hundred feet of the bank of a body of water during normal flow or stage.

Interpretation of flood insurance rate map (FIRM) boundaries. Make interpretation where needed, as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D4.

Encroachment analysis. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for and receives a Conditional Letter of Map Revision (CLOMR) through FEMA.

Variance procedure.

Appeal board.

The Board of Appeals, as established by Watford City shall hear and decide appeals and requests for variances from the requirements of this ordinance.

ii.

The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

iii.

Those aggrieved by the decision of the Board of Appeals, or any taxpayer, may appeal such decision to the District Court, as provided in N.D.C.C. §§ 40-47-11, 11-33-12, or 58-03-14.

iv.

In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance; and:

the danger that materials may be swept onto other lands to the injury of others;

the danger to life and property due to flooding or erosion damage;

the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

the importance of the services provided by the proposed facility to the community;

the necessity to the facility of a waterfront location, where applicable;

the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

the compatibility of the proposed use with existing and anticipated development;

the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

the safety of access to the property in times of flood for ordinary and emergency vehicles;

the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre to less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a-k) in Section D4-(a)(iv) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

vi.

Upon consideration of the factors of Section D4-(a)(iv) and the purposes of this ordinance, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

vii.

The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

Conditions for variances.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

ii.

Variances shall not be issued within the identified floodplain if any increase in flood levels during the base flood discharge would result.

iii.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

iv.

Variances shall only be issued upon:

a showing of good and sufficient cause;

a determination that failure to grant the variance would result in exceptional hardship to the applicant; and,

a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, cause fraud on or victimization of the public as identified in Section D4(a)(iv), or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Provisions for flood hazard reduction.

General standards. In all special flood hazard areas, the following standards are required:

Anchoring.

All new construction and substantial improvements, including additions, shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

ii.

All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

ii.

All new and substantial improvements shall be constructed using methods and practices that minimize flood damage.

iii.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

ii.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

iii.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

ii.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

iii.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

iv.

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less).

Specific standards. In all special flood hazard areas where base flood elevation data have been provided as set forth in Section C2 Basis for Establishing the Special Flood Hazard Areas or Section D3(b), Use of Other Base Flood Data, the following provisions are required:

Residential construction.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above the base flood elevation.

Nonresidential construction. Construction and substantial improvement of any nonresidential structure shall either have the lowest floor, including basement, elevated to at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities shall:

Be floodproofed to at least two feet above the base flood elevation, so that below this elevation the structure is watertight with walls substantially impermeable to the passage of water.

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

iii.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section D3(c).

Manufactured homes.

Require all manufactured homes placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

ii.

Require all manufactured homes placed or substantially improved within Zones A 1-30, AH, or AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision which has incurred substantial damage, be elevated on a permanent foundation so the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

iii.

Require that manufacture homes placed or substantially improved on sites in an existing manufacture home park or subdivision within Zones A 1-30, AH, or AE not subject to other requirements of this section be elevated so that either:

the lowest floor of the manufacture home is one foot above the base flood elevation; or

the manufacture home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36" in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

Recreational vehicles. In A1-30, AH, and AE Zones, all recreational vehicles to be placed on a site must:

be elevated and anchored to meet the requirements in E2(c); or

ii.

be on the site for less than 180 consecutive days; and

iii.

be fully licensed and highway ready.

Shallow flooding AO and AH zones. Located within the areas of special flood hazard established in Section C2, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

All new construction and substantial improvements of non-residential structures:

have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

ii.

together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard as specified in Section E2(b).

Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

Floodways. Located within the special flood hazard areas established in Section C2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. Any increase, as is used in this section, means any modeled impact greater than 0.00 feet.

If Section E4(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction requirements of this ordinance.

Under the provisions of 44 CFR Section 65.12 of the NFIP Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs, provided that the community first applies for and receives a Conditional Letter of Map Revision (CLOMR) through FEMA.

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they allow the automatic entry and exit of floodwaters.

Violations.

Penalties for violations.

Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations on conditions and safeguards established in connection with grants or variances or conditional uses, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be punished by a fine not exceeding $500 or by imprisonment not to exceed 30 days or by both such fine and imprisonment for each such offense, and in addition shall pay costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

Nothing herein contained shall prevent the City Council from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 692, 1-5-2026; Ord. No. 705, 3-3-2026)

Section 4-2. - AOD, Airport Overlay District

Definitions. As used in this Section 4-2, specific terms are defined as follows:

Airport Elevation. The highest point of an airport's usable landing area measured in feet from sea level (2,135.1 feet Mean Sea Level for purposes of this Ordinance).

Airport Zone. The Approach, Transitional, Horizontal, or Conical Zone, as defined herein.

Approach End of Runway. The first portion of the Runway available for landing. If the Runway threshold is displaced, as it is for both Runways, the displaced threshold serves as the Approach End of Runway.

Approach Surface. A surface longitudinally centered on the extended Runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the Approach Zone height limitation slope set forth in Subsection 4-2(F), the perimeter of which in plan coincides with the perimeter of the Approach Zone.

Approach, Transitional, Horizontal, and Conical Zones. These zones are set forth in Subsection 4-2(E).

Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Departure End of Runway. The end of Runway available for the ground run of an aircraft departure.

Hazard to Air Navigation. An Obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the Horizontal Zone.

Non-precision Instrument Approach. A Runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in, non-precision instrument approach procedure has been approved or planned.

Obstruction. Any Structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Subsection 4-2(F).

Primary Surface. A surface longitudinally centered on an Airport Runway. The primary surface extends 200 feet beyond the Approach End of Runway/Departure End of Runway point for each Runway. The width of the Primary Surface is set forth in Subsection 4-2(E). The elevation of any point on the Primary Surface is the same as the elevation of the nearest point on the Runway centerline.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Transitional Surfaces. These surfaces extend outward at 90-degree angles to the Runway centerline and the Runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the Primary Surface and Approach Surface to where they intersect the Horizontal Surface and Conical Surface.

Utility Runway. A Runway that is constructed for and intended to be used by propeller-driven aircraft with a maximum gross weight of 12,500 pounds.

Visual Runway. A Runway intended solely for the operation of aircraft using visual approach procedures.

Purpose and Authority. This Section 4-2 is adopted pursuant to the authority conferred by North Dakota Century Code Chapter 2-04. It is hereby found that an Obstruction has the potential for endangering the lives and property users of the Watford City Municipal Airport, and property or occupants of land in its vicinity; that an Obstruction may affect existing and future instrument approach minimums of the Watford City Municipal Airport; and that an Obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Watford City Municipal Airport and the public investment therein. Accordingly, it is declared that:

The creation or establishment of an Obstruction has the potential of being a public nuisance and may injure the region served by the Watford City Municipal Airport;

It is necessary and in the best interest of the public health, safety, and general welfare of the City of Watford City to prevent the creation or establishment of Obstructions that are a hazard to air navigation;

The prevention of these Obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation; and

The prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration, or mitigation of hazards to air navigation; and the marking and lighting of Obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

District Function. The Airport Overlay District (AOD) is an Overlay District. Development within the Airport Overlay District must conform to all requirements of this section, in addition to the requirements of the Base District and any other Overlay District or Floating District as may apply. In the case of varying or conflicting regulations, the strictest regulation shall govern.

Allowed Uses. Allowed Uses in the Airport Overlay District (AOD) shall be those allowed in the underlying Base District(s), as identified in Table 5-1 (Use Table).

Airport Zones. In order to carry out the provisions of this Section 4-2, Airport Zones are hereby created and established to include all of the land lying beneath the Approach Surfaces, Transitional Surfaces, Horizontal Surfaces, and Conical Surfaces as they apply to the Watford City Municipal Airport. The Airport Zones are shown on the Airport Zoning Map, dated February 8, 2021, which is made a part hereof. These zones apply to all Lots within Watford City Zoning Jurisdiction falling wholly or partially within the area designated by the Airport Zoning Map without the necessity of meeting the requirements of this Ordinance for a Zoning Map Amendment. The Airport Zones are hereby established and defined as follows:

Approach Zone for Runway 12-30. The inner edge of this Approach Zone coincides with the width of the Primary Surface and is 500 feet wide. The Approach Zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the Primary Surface. Its centerline is the continuation of the centerline of the Runway.

Transitional Zones. Transitional Zones are the areas beneath the Transitional Surfaces.

Horizontal Zone. The Horizontal Zone is established by swinging arcs of 10,000-feet radii from the center of each end of the Primary Surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The Horizontal Zone does not include the Approach Zone or Transitional Zones.

Conical Zone. The Conical Zone is established as the area that commences at the periphery of the Horizontal Zone and extends outward therefrom a horizontal distance of 4,000 feet.

Airport Zone Height Limitations. For determining the height limits in all zones established in Subsection 4-2(E), the datum shall be mean sea level elevation unless otherwise specified. Except as otherwise provided in this Ordinance, no Structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by Section 4-2(E) to a height more than the applicable height limit established below. If the Structure or object is located in more than one zone, the most restrictive height limitation shall apply.

Approach Zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the Primary Surface and extending to a horizontal distance of 5,000 feet along the extended Runway centerline.

Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the Primary Surface and the Approach Surface and extending to a height of 150 feet above the airport elevation. In addition to the foregoing there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the Conical Surface.

Horizontal Zone. Established at 150 feet above the Airport elevation.

Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the Horizontal Zone and at 150 feet above the Airport elevation and extending to a height of 350 feet above the Airport elevation.

Exceptions. Outside the Approach Zone and Transitional Zone, nothing in this Section 4-2 shall be construed as prohibiting the construction or maintenance of any Structure or the growth of any tree to a height up to 50 feet above the surface of the land.

Nonconforming Structures.

Regulations not Retroactive. The regulations prescribed by this Section 4-2 shall not be construed to require the removal, lowering, or other alteration of any Structure not conforming to the regulations as of June 7, 2021, or otherwise interfere with the continuance of the Nonconforming Structure. Nothing contained herein shall require any change in the construction, alteration, or intended Use of any Structure, the construction or alteration of which was begun prior to June 7, 2021.

Marking and Lighting. Notwithstanding part 1, immediately above, the owner of any existing Nonconforming Structure or object is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by a City Official to indicate the Obstruction to aircraft pilots. Such markers and lights shall be installed, operated, and maintained at the expense of the Watford City Airport Authority.

Increase in Nonconformity Prohibited. No permit shall be issued to allow a height increase to a Structure that would create a greater hazard to air navigation than existed on June 7, 2021.

Nonconforming Structure Abandoned or Destroyed. Whenever a City Official determines that a Nonconforming Structure has been abandoned, torn down, physically deteriorated, or decayed to an extent of 50 percent or more, no permit shall be granted that would allow such Structure to exceed the applicable height limit or otherwise deviate from the regulations of this Section 4-2.

Trees.

Trees in Airport Zones. All trees shall be maintained to prevent Obstructions. Watford City may require the trimming or removal of any tree located within an Airport Zone that interferes with the safe landing, takeoff, or maneuvering of aircraft. Removal of any tree existing prior to the Effective Date of this Ordinance shall be completed at the expense of the Watford City Airport Authority. New plantings shall be selected and located to prevent interference at maturity.

Permitting Standards.

Development Permit Required. Except as specifically provided in part 2, immediately below, no material change shall be made in the Use of land, no Structure shall be erected or otherwise established, and no tree shall be planted in any Airport Zone unless a permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to determine whether the resulting Use, Structure, or tree would conform to the regulations herein prescribed. A permit shall only be granted if City Officials determine that no violation or Obstruction will result. Any Development that does not conform to the Airport Zone height limitations of Subsection 4-2(F) shall only be allowed with an AOD Variance granted in accordance with the provisions of and Subsection 4-2(J) and Section 9-8 (Variances).

Exceptions.

In the area lying within the limits of the Horizontal Zone and Conical Zone, no permit shall be required for any Structure less than 100 feet in height or any tree less than 100 feet in height at maturity, except when because of terrain, land contour, or topographic features, such Structure or tree would extend above the height limits prescribed for such zones.

In areas lying within the limits of the Approach Zones, but at a horizontal distance of not less than 4,200 feet from each end of the Runway, no permit shall be required for any Structure less than 100 feet in height or any tree less than 100 feet in height at maturity, except when such Structure or tree or Structure would extend above the height limit prescribed for such Approach Zones.

In the areas lying within the limits of the Transition Zones beyond the perimeter of the Horizontal Zone, no permit shall be required for any Structure less than 100 feet in height or any tree less than 100 feet in height at maturity, except when such Structure or tree, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such Transition Zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any Structure or growth of any tree in excess of any of the height limits established by Subsection 4-2(F).

New Obstructions Shall not be Established. No Use within the Airport Overlay District shall create electrical interference with navigational signals or radio communication between the Airport and aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff, or maneuvering of aircraft.

Conditions. Any requested permit or AOD Variance may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the Structure to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Appeals, this condition may be modified to require the owner to permit the Watford City Airport Authority at its own expense, to install, operate, and maintain the necessary markings and lights.

AOD Variances.

Request for an AOD Variance. Any person desiring to erect a Structure, increase the height of any Structure, or permit the growth of any tree may apply to the Board of Appeals for an AOD Variance from such regulations following the procedures described in Section 9-8 (Variances). In addition, the application for an AOD Variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of the Airport and the safe, efficient use of navigable airspace.

Approval Criteria. Such an AOD Variance shall be approved only if the activity will not create a hazard to air navigation and all approval criteria of Section 9-8 (Variances) are met. Additionally, no application for a variance to the requirements of this section may be considered by the Board of Appeals unless a copy of the application has been furnished to the Watford City Airport Authority for advice as to the aeronautical effects of any granted AOD Variance.

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

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

Purpose. The Planned Unit Development District (PUD) is a Floating District established for the following purposes:

To allow a planned and coordinated mix of compatible Uses which would otherwise be restricted under conventional Zoning regulations;

To encourage a more creative and efficient Land Use pattern, concentration of usable open space, or preservation of the natural resources of the site;

To encourage the overall coordinated planning of large land areas; and

To provide a greater variety in the type of environments available to residents of Watford City.

District Function. The Planned Unit Development District (PUD) is a Floating District. As such, the District's location is not specified on the Zoning Map until the conditions for its implementation are met. Once an eligible Development application is approved by the City Council, the Floating District becomes fixed to the Zoning Map.

Allowed Uses. Uses allowed in the PUD District shall be those as allowed in the R-1, R-2, R-3, R-4, or C-1 Districts, as listed in Table 5-1 (Use Table), provided that all Commercial Uses are compatible with Residential Uses and are arranged or designed in a complementary manner, as determined by the Planning and Zoning Commission and approved by the City Council.

Eligibility. To be eligible for consideration of PUD zoning, the tract of land proposed for the Planned Unit Development shall contain at least five acres Gross Area. In addition, the applicant must demonstrate why a Planned Unit Development is preferred to an alternative Base District (i.e., the proposed Development would not be possible under conventional zoning).

Procedures.

Usage of the PUD District shall require approval of a Zoning Map Amendment as provided by Section 9-9 (Zoning Map Amendments) and a Major Subdivision Plat as provided by Section 8-3 (Major Subdivision Preliminary Plats) and Section 8-4 (Major Subdivision Final Plats), which shall be reviewed concurrently. A pre-application meeting with the Planning Department is required.

Application submittals shall include a Site Development Plan depicting the arrangement of Buildings and Uses, the existing and proposed Street system, utilities, Open Space, parking and loading areas, and other specifications as described in the Site Development Plan application form.

A Development Agreement, as further described in Section 9-4 (Development Agreements), is required to provide necessary assurance that the Development will be completed as planned. The applicant shall provide a schedule for construction and project phasing.

Within 12 months from the date of approval of the PUD by City Council, the applicant shall proceed with construction substantially in accordance with the Site Development Plan or master plan. If construction does not begin within 12 months, the City shall initiate action to rezone the property to its prior District(s), following the procedures for Zoning Map Amendments.

Minor changes to an approved PUD may be considered without amendment. However, any proposed change in Land Use or increase in Development density or intensity shall require a public hearing, Planning and Zoning Commission recommendation, and City Council approval, utilizing the procedures for Zoning Map Amendments.

Standards.

Dimensional Standards. Lot standards, Setbacks, and maximum Building heights shall be set by the Site Development Plan, which must include a narrative that describes how the applicant considered the placement of Buildings on site, as well as the context of surrounding Development and adjacent Districts.

Development Standards. Development shall conform with all applicable regulations for parking and loading, Signs, landscaping, and buffering/fencing as set forth in Article 7 (Development Standards). Minor deviations from these requirements may be allowed, as approved by City Officials.

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