The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.

1.

In districts where public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one (1) foot of additional height will be permitted for each one (1) foot of additional building setback provided.

2.

Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage tower or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appurtenances, which do not conflict with airport approach zones, may be erected to a height not to exceed one hundred fifty (150) feet.

3.

Accessory buildings may be built in a rear yard in districts where they are a permitted use. Such accessory building shall comply with the side line setback requirements for that district.

a)

If the accessory building's main door is perpendicular to the alley, the accessory building shall not be located closer than three (3) feet from the alley line.

b)

If the accessory building's main doors are parallel to and facing the alley, the accessory building shall not be located closer than ten (10) feet from the alley line.

c)

If the accessory building's main door is parallel but not facing the alley, the accessory building shall not be located closer than three (3) feet from the line.

4.

The setback line shall be determined by measuring the horizontal distance from the property line to main building line.

a)

Notwithstanding any provisions contained within this ordinance, no architectural projection of a building shall extend within three (3) feet of the property line.

5.

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Official for a distance of not more than three and one-half (3() feet and where the same are so placed as not to obstruct light and ventilation.

6.

For the purpose of the side yard regulations, a two-family dwelling, or a multiple-family dwelling shall be considered as one building occupying one lot.

7.

Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary building and/or sign shall be removed upon completion of the construction work.

8.

Where a lot or tract is used for a nonresidential purpose, more than one (1) principal use may be located upon the lot or tract but only when the building or buildings conform to all yard and open space requirements for the district in which the lot or tract is located.

9.

No side yards are required where dwelling units are erected above commercial and industrial structures.

10.

Whenever the number of employees is restricted in connection with any use in the neighborhood shopping or commercial districts, such maximum number applies only to employees principally engaged in processing, selling, or treating materials or products on the premises and not to employees engaged in delivery or similar activities.

11.

Radio and television towers shall be permitted in Districts "C-l","C-B", and "I-P", providing the height of said radio or television tower does not conflict with any other City ordinance.

Except as otherwise specifically provided in other codes, ordinances or resolutions, the following regulations shall apply to the construction of fences:

1.

No fence shall be constructed without first obtaining a building permit and no permit shall be issued unless the proposed fence is to be constructed in accordance with the following provisions of Paragraphs 2-6, as determined by the Building Official.

2.

No fence shall be constructed which will constitute a traffic hazard and no permit shall be granted for the construction of a fence unless the Building Official has certified that the proposed fence will not constitute a traffic hazard.

3.

No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

4.

No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or any fence which shall adversely affect the public health, safety and welfare.

5.

No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet; provided, however, that the Board of Zoning Appeals may, by special permit, authorize the construction of a fence higher than six (6) feet if the Board finds the public welfare is preserved.

6.

All fences shall conform to the construction standards of the building code and other applicable ordinances.

A lot or group of lots which were platted and recorded in the office of the Register of Deeds prior to the effective date, as defined in the definitions of this ordinance, may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements unless specifically authorized by the Board of Zoning Appeals.

A canopy or marquee may be permitted to "overhang a public way" in District "C-B" providing:

1.

The canopy or marquee is constructed and maintained in accordance with the City Building Code and other codes, ordinances and resolutions.

2.

No portion of the canopy or marquee shall be less than eight (8) feet above the level of the sidewalk or other public way.

3.

The canopy or marquee shall not extend beyond a point two (2) feet inside the curb line of a public street.

No building or structure shall be erected, enlarged, reconstructed or moved into the planning area with less than the following:

1.

Dwelling Units:

a)

All dwelling units shall provide a minimum floor area, exclusive of porches, breezeways and garages, as follows:

(b)

Every dwelling unit shall be provided with at least one (1) water closet, which water closet shall be located within the dwelling and in a room which affords privacy.

c)

Every dwelling unit shall contain a kitchen sink which is connected to running water and an approved sewer system.

(d)

Every dwelling unit shall be enclosed with an exterior wall surface, other than tar paper or corrugated metal.

(e)

No basement or cellar shall be occupied for residential purposes until the main portion, above ground, is completed.

2.

Motels:

(a)

The number of motel units permitted on a tract of land shall not exceed the number obtained by dividing the total square feet of area of the site by one thousand five hundred (1,500).

(b)

Motels shall be served with an approved public water supply and approved public sanitary sewer system.

c)

Each motel unit shall contain not less than two hundred (200) square feet of floor space.

3.

Tents:

(a)

No tent, except play tents for children, shall be used for any purpose except those authorized by the City Council.

Unless otherwise directed by the Building Official, the first floor elevation of a building or group of buildings shall be at least eighteen (18) inches above the grade of the center of the street or roadway.

The provision of this section shall in no way restrict or interfere with the normal digging, drilling, or excavation for agricultural purposes, the operation of coal and subsurface exploration operations, oil and gas drilling, transportation and production facilities.

All seismic exploration, either explosive or nonexplosive, shall be considered a conditional use in A-1 District under a temporary permit issued by the City Zoning Administrator to the party actually conducting such seismic exploration. Each permit granted hereunder shall contain and be conditioned on the following permit regulations:

1.

The application for permit or renewal of permit shall state the name of the applicant, the address and telephone of applicant's principal place of business, the address and telephone, if any, of the place of business maintained by applicant in the State of North Dakota and the name and address of the applicant's resident agent for service of process.

2.

Prior to each seismic operation to be conducted under the permit, the permittee shall submit to the City Building Inspector the following date and documents.

a.

A statement setting out the date upon which seismic exploration is expected to commence; the method to be utilized in the exploration; the estimated depth and number of the drill holes, if applicable; and the estimated range of exploration charge to be used in the operation, if applicable.

b.

A plat showing the location by quarter section, township and range of the lines to be explored.

3.

Within 30 days following any calendar month in which a seismic operation is completed, the permittee shall file with the City and the owner or occupier of any land upon which such operations were conducted, a statement showing the date the operation was commenced, the date completed, and the location by quarter section, township and range on which such operation was conducted.

4.

The permittee shall obtain consent from the owner or occupier of the land and the City of Watford City prior to commencing seismic operations thereon.

5.

The permittee may not utilize any water from land on which a seismic operation is to be conducted without the prior consent of the owner or occupier of said land.

6.

A seismograph survey shot hole site shall be no closer than 1,200 feet to any water wells, developed springs or city water mains and not any closer than 1,000 feet to any occupied buildings or other water structures, i.e., dams, dug-outs, unless such a site is mutually agreeable between the surface owner and the city and the mineral operator. The distance for non-explosive seismic activity shall be 300 feet unless the site is mutually agreeable between the surface owner, the mineral operator, and the city.

7.

Unless otherwise agreed by the owner or occupier of the land, the permittee shall plug all drill holes as required by N.D.C.C. 38-08-1-06 and shall restore the surrounding surface as nearly as is practicable to its original condition, including the removal of trash or other material which was brought onto the premises by the permittee.

8.

All permits granted under this section shall be effective for a period of 1 year.

9.

The permit fee or renewal fee shall be $100.00.

10.

The violation of any permit requirements as set out here as determined by a court or proper jurisdiction shall result in the immediate termination of the permit in addition to any fine or other penalty which may be assessed. In the event of such termination, no further seismic exploration permits shall be granted to the permittee without the expressed approval of the City Council, and upon such further terms and conditions as the City Council may impose.

An adult entertainment center shall be permitted only in the C-1 District and in no other district, and then only if the center meets the following conditions:

1.

The center is located no closer than 1,250 feet from any pre-existing church, dwelling unit, or property zoned R-1, R-2, R-2M, R-3 or R-4.

2.

The center excludes from its premises those persons less than 18 years of age.

3.

The center displays no signs visible from the exterior of the center, except for signs identifying the center as an adult book store or adult cinema, or both.

4.

The manager and owners of the center are registered with the City Police and have provided them with such information as they reasonably may require with respect to their identities, including fingerprints and prior criminal records, if any.

5.

The business premises of the center which are generally open to its patrons are open equally at the same time without charge to members of the City Police Department who may wish to enter thereon provided the entry is in the course of the discharge of the policeman's duties.

All development and construction shall be in conformance with Ordinance No. 151, the Flood Damage Prevention Ordinance of the City of Watford City.

Storage Containers, whether wheeled or un-wheeled, shall only be allowed within City limits on property zoned I-P and only if they are located a minimum of three hundred feet from property zoned R-1, R-2, R-2M, R-3, R-4, M-H, R-P, or C-B, or are completely screened from view by means of a privacy fence. The total area of Storage Containers may not exceed three (3) percent of any parcel of land and must be used as an accessory to an existing structure.

Storage Containers may be allowed in any area of the City, regardless of the zone, for a period of no longer than seven (7) days.

If a Building Permit has been obtained, Storage Containers may be permitted within the City, regardless of the zone, for a period of no longer than six (6) months on the same or adjacent property as that property for which the building permit is effective. One extension shall be available for those who have not completed their construction project within that time. If it is shown that the Storage Container is to be used in a public construction project (i.e., roads, water, sewer, etc.) or in a large scale private construction project with a cost of over five hundred thousand dollars ($500,000.00), the Building Inspector may allow the Storage Container to remain in place for a period of time of more than six (6) months or one (1) year and commensurate with the time expected to complete the construction project.

In all instances of Storage Containers being allowed within the City limits not in conjunction with a building permit, a permit must be applied for and issued by the Building Inspector prior to its entry. The fee for a Storage Container Permit shall be one hundred dollars ($100.00). Permits for Storage Containers meant to stay longer than one hundred twenty (120) days shall only be valid for one (1) year from the date of issuance, after which time a renewal application may be made. The Building Inspector may consider the condition and appearance of the Storage Container in determining whether or not to issue a permit. If a Storage Container has holes, defective doors or latches, rust or graffiti, a permit shall not be issued. All Storage Containers must be either Class A or Class B.

This Section shall have a retroactive application. All owners of Storage Containers located within the City limits at the time of this Section's enactment shall apply for a permit within seven (7) days. Those Storage Containers for which no application has been made will be in violation of the Watford City Zoning Ordinance.

(Ord. No. 232, 4-4-2011)

A.

Intent—Generally.

1.

In addition to zoning procedures and requirements relating generally to issuance of Building Permits, Certificates of Occupancy, and other construction permits, Site Development Plan Review procedures are hereby established. It is intended that these procedures shall assure special examination, review, and findings by appropriate agents, agencies, or bodies of the City or region in connection with proposed actions particularly specified.

2.

Site Development Plan Review procedures and requirements are intended to apply in relation to use, occupancy, location, construction, design, character, scale, manner of operation, or the necessity for making complex or unusual determinations, and to assure consideration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally, and of adjacent or local properties, and the Region as a whole.

3.

In establishing Site Development Plan Review procedures, it is intended to increase efficiency and reduce time required for processing Building and other Construction Permit applications by relating administrative responsibilities and procedural requirements to the degree of complexity and potential impact of the matters being considered.

B.

Site Plan Review. It is intended that Site Development Plan Review shall be required prior to the issuance of Building or other Construction Permits for all properties located in the C-1 General Commercial District, C-2 Commercial/Service District, C-B Central Business District, ID-Industrial District. HI-Heavy Industrial, CF-Community Facility, and multi-family residential developments consisting of 4 or more units within R3-Medium Density Residential and R4 High Density Residential developments/subdivisions**.

C.

Submittal Requirements. A pre-submittal meeting involving the property owner and/or developer and City Engineering, Planning, and Public Works Departments shall be conducted prior to accepting applications for development. A Site Development Plan is required for all residential/ commercial/industrial developments. A Site Development Plan must include the following:

1.

Statement describing in detail the character and intended use of the development or activity.

2.

General location map, showing relation of the site or activity for which, the Site Plan Approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project or activity and the like.

3.

The Site Development Plan shall contain the title of the project and the names of the project planner(s) and developer(s), date, north arrow and, shall be based on an exact plan of the property drawn to scale of sufficient size to show:

a.

Boundaries of the project, any existing streets, buildings, water courses, flood zones, easements, and section lines;

b.

Exact location and dimension of all proposed buildings and structures;

c.

Adjacent driveways;

d.

Access and traffic flow;

e.

Off-street parking and off-street loading areas;

f.

Recreation facilities locations;

g.

All screens and buffers;

h.

Refuse collection areas;

i.

Access to utilities and points of utility hookups;

j.

The location and description of all uses within three hundred (300) feet of the project boundaries.

4.

Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to:

a.

The various permitted uses; and

b.

Ground coverage by structures.

5.

Tabulations showing:

a.

The derivation of numbers of off-street parking and off-street loading spaces shown in (4) above; and

b.

Total project density in dwelling units per acre.

6.

If common facilities (such as recreation areas or structures, private streets, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, homeowners associations, surety arrangements, or other legal instruments providing adequate guarantees to the City that such common facilities will not become a future liability for the City.

7.

Storm drainage and sanitary sewage disposal plans.

8.

Architectural description of buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type.

9.

Landscaping plan, including types, sizes, and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and future maintenance.

10.

A statement assuring adequate public facilities are provided.

11.

Geotechnical Studies

a.

Unless otherwise approved by the City Engineer, a geotechnical study will be required for pavement design for public infrastructure improvements.

b.

Geotechnical studies shall be signed and sealed by a Registered Professional Engineer licensed in the State of North Dakota.

c.

May be required for other projects as deemed necessary by the City Engineer or Building Inspector.

12.

Cross access easements for properties fronting on Highway 23 and Highway 85. Cross access easements shall be no less than thirty (30) feet in width.

13.

Such additional data, maps, plans, or statements as may be required for the particular use or activity involved.

14.

Such additional data as the applicant may believe pertinent to the proper consideration of the site and development plan.

15.

Traffic Impact Analysis

a.

Less than or equal to 100 Daily Trips Generate[d]:

• Estimate trip generation using national or state recognized resources and procedures

• Identify suggested access points based on traffic needs (consistent with local access management standards)

b.

Greater than 100 and less than or equal to 300 Daily Trips Generated:

• Include all analyses required for traffic studies with lower traffic generation rates

• Intersection design including sight distance analysis and turn lane warrants and design.

c.

Greater than 300 and less than or equal to 500 Daily Trips Generated:

• Include all analyses required for traffic studies with lower traffic generation rates

• Incorporate previous studies performed in the area

• Site plan evaluation including traffic circulation and conflict resolution

d.

Greater than 500 and less than or equal to 1,000 Daily Trips Generated:

• Include all analyses required for traffic studies with lower traffic generation rates

• Conduct crash analysis at existing intersections based upon historical crash data

• Project future traffic volumes along corridors adjacent to the development. The future years shall correspond with relevant milestone (i.e. full build-out) and also include a 20-year analysis horizon year

• Conduct peak hour intersection traffic operations analyses for existing, existing+build, future and future+build traffic conditions

• Conduct traffic control analysis and justification for existing, existing+build, future and future+build conditions

• Analyze, outline and develop cost estimates for recommended mitigation measures

e.

Greater than 1,000 Daily Trips Generated:

• Include all analyses required for traffic studies with lower traffic generation rates

• Pavement design for all relevant major roadways adjacent to the development

• Intersection lighting analysis

f.

Based upon the determined impacts and recommended mitigation strategies, the assignment of financial responsibility for required roadway and utility improvements shall be reviewed. The developer is fully responsible for the cost of the traffic impact study.

g.

Traffic impact analysis shall be signed and sealed by a Registered Professional Engineer licensed in the State of North Dakota.

h.

A traffic impact analysis may not be required, per the City Engineer, if the development is located in a subdivision that has an approved traffic impact analysis on file with the City.

16.

A storm water management report is required if the development creates more than 20,000 square feet of impervious area and shall be signed and sealed by a Registered Professional Engineer licensed in the State of North Dakota.

17.

An erosion control plan is required for a project that creates an area of disturbance larger than one acre.

D.

Review Procedure. The Site Development Plan shall be reviewed by the Planning, Engineering, and the Public Works Departments. Each Site Development Plan shall be considered for approval based on the following:

1.

Conformance with the Land Use Map, Zoning Reference Map, City Code, and this Chapter.

2.

Completeness of submittal.

3.

Conformance with the Standard Details and Specifications for Public Improvements within the City of Watford City.

E.

Application Forms: Materials that may be required for all Site Development Plan review and approval. An application must be filed for all Site Development Plan Review and Approval Requests. Site Development Plan Review elements may be required:

1.

Statement describing in detail the character and intended use of the development or activity.

2.

General location map, showing relation of the site or activity for which, the Site Development Plan Approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project or activity and the like.

F.

Action by the Planning Department. The Planning Department, in conjunction with the Public Works Department and Engineering Department, shall take one (1) of the following actions on an application for approval of Site Development Plan Review:

1.

Approval of the application, as submitted.

2.

Approval of the application, with conditions and safeguards attached; such conditions and safeguards shall be for the protection of the public health, safety, morals and general welfare.

3.

Disapproval of the application.

A final approval or disapproval of the application will be provided to the applicant, in writing, from the Planning Department. The final approval letter shall be submitted with the Building Permit application.

G.

Appeal. Any applicant or other person aggrieved by a decision of the Planning Department may appeal in writing to the Watford City Planning and Zoning Commission within ten (10) days of the decision.

H.

Relation of Site Development Plan Review and Approval to Building or Occupancy Permits and Uses Not Requiring Building or Occupancy Permits. Where building or occupancy permits are required by other codes or ordinances of the County, no such building or occupancy permits shall be issued where this Chapter requires Site Development Plan Review and Approval unless and until any and all such approvals have been obtained. Where uses or occupancies do not require building or occupancy permits but, are otherwise subject to the requirements of this Chapter, no such use or occupancy shall be initiated or maintained unless and until any and all Site Plan Development Review required herein, in relation thereto, have been obtained.

I.

Application Forms: Completion before Processing. For purposes of establishing time limitations on processing, no application shall be deemed to have been filed unless and until the application shall have been completed, and all plans, reports or other information, exhibits, or documents required by this Chapter shall have been provided, and all fees, due at the time of filing, shall have been paid.

J.

Modifications in Approved Site Development Plan. The Planning Department must approve any modifications in approved Site Development Plan.

K.

Withdrawal of Application for Review; Effect of Withdrawal. An application for a Site Development Plan Review may be withdrawn by the applicant at any time prior to decision without limitation on resubmittal. Any required processing fee is non-refundable.

L.

Actions Following Decisions on Site Development Plan Review. Following decisions on Site Development Plan Review, the following actions shall be taken:

1.

Notification of Applicant in Cases of Approval. Where Site Development Plans are approved, with or without conditions and safeguards, a copy shall be transmitted by the Planning Department to the applicant within five (5) working days of the decision.

2.

Notification of Applicant in Cases of Disapproval. Where applications for Site Development Plans are disapproved, applicants shall be so informed by the Planning Department in writing, within five (5) working days of the decision, with a summary of the reasons therefore and notice that complete records on the case are available in a location specified, and are public records.

3.

Notification of Affected County Agencies in Cases of Approval. Where Site Development Plans are approved, with or without conditions and safeguards, affected agencies or officials shall be informed by the Planning Department within five (5) working days of the decision by copy of the Permit, including any conditions and safeguards attached thereto. As appropriate to the circumstances of the case, upon such notification, such agencies or officials shall proceed to decide matters concerning any building permit, occupancy permit, or other action dependent upon issuance of the Site Development Plan Approval, without further action by the applicant therefore, and shall perform their duties with regard to administration, inspection, or enforcement in the case.

4.

Notification of Affected County Agencies in Cases of Disapproval. Where Site Development Plans are disapproved, affected agencies or officials shall be informed by the Planning Department within five (5) working days by copy of notification provided to the applicant.

M.

Permits to Apply to Property, Not Person. When granted, an approved Site Development Plan, together with any conditions or safeguards attached thereto, shall apply to the land, structure, or use for which it was issued, and shall not apply to a particular person. The use shall be allowed to continue should the property transfer into different ownership.

N.

Previously Disapproved or Withdrawn Site Development Plan Review Applications. An application for a Site Development Plan review which was the subject of a previously disapproved application which proposed the same use on the same property that has been previously disapproved or withdrawn after notices have been sent, shall not be accepted until the following periods have elapsed from the date of disapproval or withdrawal:

1.

After the first disapproval or withdrawal - Six (6) months.

2.

After the second or a subsequent disapproval or withdrawal - Eighteen (18) months.

3.

The time periods described in subsections "1" and "2" above shall not become effective if, after consideration of the timing and circumstances of the disapproval or withdrawal, the Planning Department specifically disapproved the application or approved the withdrawal without prejudice.

O.

Site Development Plan Expiration.

1.

The approval of a site development plan shall expire 12 months from the date of approval unless a building permit has been issued and construction diligently pursued.

2.

An extension of approval of a site development plan may be granted once for a total period of not more than an additional 12 months. A request for extension must be made in writing not more than 30 days after the expiration of the original approval. An extension of approval may only be granted if the site development plan requires no modification and remains consistent with the purpose and intent of the originally approved site development plan.

3.

If the approval of a site development plan expires and an extension to the approval is not, or cannot be granted, a new application for the site development plan must be filed and approved prior to the issuance of a building permit.

(Ord. No. 253, 2-6-2012; Ord. No. 553, 3-2-2020)