Watford City City Zoning Code

A.

Purpose. The Purpose of this Section 6-1 is to serve public health, safety, and welfare and to promote cohesive neighborhood Development by providing minimum standards for the construction and design of Dwelling Units.

B.

Standards.

1.

All Two-Family Dwellings and Detached Single-Family Dwellings, excluding Manufactured Homes shall:

a.

Be built or placed on a Permanent Foundation that meets or exceeds the requirements of the applicable building code based on the specific design of the Building;

b.

Have a minimum Floor Area of 600 square feet per Dwelling Unit, one of which must be above grade;

c.

Have an engineered, stamped roof design to meet North Dakota building codes. Corrugated metal or fiberglass roofing is prohibited;

d.

Have a minimum roof pitch of three inches in one foot (3:12);

e.

Have a minimum of a one-foot overhang on all eaves and gables;

f.

Have a finished porch, patio, landing, or deck for each above-grade entrance door of at least 36 inches by 36 inches of unobstructed clear space;

g.

Have a Hard Surfaced driveway in accordance with Subsection 7-5(C)(3)(b); and

h.

Not have metal siding other than horizontal lap steel siding.

2.

All Multi-Family Dwellings and Attached Single-Family Dwellings having between three and six Dwelling Units (inclusive) shall:

a.

Be built or placed on a Permanent Foundation that meets or exceeds the requirements of the applicable building code based on the specific design of the Building;

b.

Have a minimum Floor Area of 480 square feet per Dwelling Unit;

c.

Have an engineered, stamped roof design to meet North Dakota building codes. Corrugated metal or fiberglass roofing is prohibited;

d.

Have a minimum roof pitch of three inches in one foot (3:12);

e.

Have a minimum of a one-foot overhang on all eaves and gables;

f.

Have a finished porch, patio, landing, or deck for each above-grade entrance door of at least 36 inches by 36 inches of unobstructed clear space;

g.

Have a Hard Surfaced driveway in accordance with Subsection 7-5(C)(3)(b); and

h.

Not have metal siding other than horizontal lap steel siding.

3.

All Multi-Family Dwellings and Attached Single-Family Dwellings having more than six Dwelling Units shall:

a.

Be built or placed on a Permanent Foundation that meets or exceeds the requirements of the applicable building code based on the specific design of the Building;

b.

Have a minimum Floor Area of 480 square feet per Dwelling Unit;

c.

Have an engineered, stamped roof design to meet North Dakota building codes. Corrugated metal or fiberglass roofing is prohibited;

d.

Have a finished porch, patio, landing, or deck for each above-grade entrance door of at least 36 inches by 36 inches of unobstructed clear space; and

e.

Have a Hard Surfaced driveway in accordance with Subsection 7-5(C)(3)(b).

4.

All Manufactured Homes shall:

a.

Be placed on a Permanent Foundation that meets or exceeds the requirements of the applicable local, state, and national building codes, manufacturer specifications, and/or state third-party inspector requirements based on the specific design of the Building;

b.

Have a minimum Floor Area of 480 square feet per Dwelling Unit;

c.

Have a roof design that meets or exceeds the requirements of the applicable local, state, and national building codes, manufacturer specifications, and/or state third-party inspector requirements based on the specific design of the Building—corrugated metal or fiberglass roofing is prohibited;

d.

Have a finished porch, patio, landing, or deck for each above-grade entrance door of at least 36 inches by 36 inches of unobstructed clear space; and

e.

Have a Hard Surfaced driveway in accordance with Subsection 7-5(C)(3)(b).

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

A.

Purpose. The purpose of this Section 6-2 is to ensure an Accessory Building remains subservient to the Primary Use or Structure on the Lot and that the Accessory Building does not diminish the intended character of the District in which it is located. This Use shall be regulated in accordance with the purposes stated in Section 1-2 (Purpose). Accessory Buildings include Accessory Dwelling Units and Accessory Garages. For Accessory Dwelling Units, see Section 6-3 (Accessory Dwelling Units) and for stand-alone Private Garages, see Section 6-4 (Private Garages).

B.

Use Standards.

1.

The Use conducted within an Accessory Building must promote the Primary Use on site and shall not be used in a manner to circumvent other standards or requirements in this Ordinance. All associated Zoning limitations and permitting requirements shall apply.

2.

A Building Permit shall not be required for Accessory Buildings with a Floor Area of 120 square feet or less and not having a Permanent Foundation. A Building Permit is required for all other Accessory Buildings.

3.

All Accessory Buildings shall be designed with materials and colors that complement the Primary Building.

4.

Accessory Buildings shall comply with all Setbacks of the Base District and any Special District(s). Temporary Accessory Buildings, under 120 square feet, may encroach on Side and/or Rear Yard Lot Setbacks up to 50 percent. In no case shall the encroachment be greater than five feet from the Side and/or Rear Yard Lot Line.

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

A.

Purpose. The purpose of this Section 6-3 is to provide for the Use of Accessory Dwelling Units (ADUs) as an affordable housing option allowing owners of Detached Single-Family Dwellings to accommodate family members or generate rental income, while preserving the character of existing neighborhoods, ensuring adequate infrastructure capacity, and establishing clear and predictable standards for ADUs. This Use shall be regulated in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate an Accessory Dwelling Unit, the applicant shall submit the following to the Planning and Zoning Department:

1.

A Floor Plan showing the general layout of the Accessory Dwelling Unit, all required facilities, and the total Floor Area.

2.

If the Accessory Dwelling Unit requires a new Accessory Building or modifications to an existing Dwelling, a Site Plan showing the position and dimensions of the new or modified Building on the Lot.

3.

A plan for the expansion of septic capacity or alternative parking arrangements may be necessary in certain situations.

C.

Use Standards.

1.

Except where differing below, an Accessory Dwelling Unit must meet the Dwelling Unit standards described in Subsection 6-1(B).

2.

An Accessory Dwelling Unit may be located within or attached to a Detached Single-Family Principal Dwelling or in a detached Structure on the same Lot as the Detached Single-Family Principal Dwelling. Only one ADU is permitted on a Lot.

3.

In all Districts, the total Floor Area of an Accessory Dwelling Unit shall be no less than 300 square feet and shall not exceed 40 percent of the Floor Area of the Dwelling that is the Principal Building. In the A-1 and RR-1 Districts, the total Floor Area of the ADU shall not exceed 1,200 square feet. In the R-1, R-2, R-2M, and R-3 Districts, the total Floor Area of the ADU shall not exceed 800 square feet. An applicant may reclassify the Primary Building as the ADU if the existing Building will meet the requirements for an ADU once the new Building is complete.

4.

Accessory Dwelling Units shall comply with all Setbacks of the Base District and any Special District(s).

5.

Each Accessory Dwelling Unit shall have individual facilities for sleeping, cooking, and sanitation.

6.

Each Accessory Dwelling Unit shall have a separate entrance from the Principal Dwelling.

7.

The provided site plan, required for approval, shall clearly indicate means of all-weather access for emergency personnel including but not limited to sidewalks or driveways.

8.

Each Accessory Dwelling Unit shall be required to obtain and display a sub-address distinguishing it from the Principal Dwelling.

9.

If municipal water and sewer services are available, they must be connected to the Accessory Dwelling Unit and share the same meter as the Principal Dwelling, provided adequate capacity is available.

10.

In rural areas, the existing septic system must have adequate capacity to accommodate the Accessory Dwelling Unit. Otherwise, either improvements must be made and verified, or a separate septic system and drain field are required.

11.

Accessory Dwelling Units must meet the parking requirements as stated in Table 7-1 (Minimum Off-Street Parking Requirements). Required parking may be located at the Principal Dwelling, provided the total parking requirements for the Principal Dwelling and the Accessory Dwelling Unit are met.

12.

Detached Accessory Dwellings shall be designed with materials and colors and complement the Principal Dwelling.

13.

Manufactured Homes may be utilized for Accessory Dwelling Units in the A-1 District and the RR-1 District.

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

A.

Purpose. The purpose of this Section 6-4 is to regulate the design and construction of Private Garages within Residential Districts in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate a Private Garage, the applicant shall submit a Site Plan to the Planning and Zoning Department. The Site Plan shall be drawn to scale and shall contain the following information:

1.

Lot dimensions;

2.

Scaled Building plans;

3.

Setbacks as measured from the Building Line to the Lot Line; and

4.

Any other information that may be requested by City Officials.

C.

Use Standards.

1.

Private Garages shall be placed to conform with all Setback and separation requirements of the Base District and any Special District(s).

2.

The size and placement of the Private Garage shall not eliminate the potential for future construction of a Dwelling meeting all applicable Setback and Lot coverage requirements. The Floor Area of the Private Garage plus 1,200 square feet shall not exceed 50 percent of the total Lot Area.

3.

Overhangs and/or covered eaves of 12 inches minimum shall be required.

4.

A Private Garage shall be placed on a Permanent Foundation.

5.

Private Garages shall be designed with materials and colors that complement surrounding neighborhood.

6.

Except as otherwise allowed for Conditional Use Permits, no Private Garage shall be used for Commercial purposes. A Private Garage shall not be used as a Dwelling.

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

A.

Purpose. The purpose of this Section 6-5 is to regulate Common Area Developments regarding shared facilities and amenities in accordance with the purposes stated in Section 1-2 (Purpose). The City of Watford City has an interest in avoiding undesired outcomes of Common Area Developments such as a lack of maintenance, unpaid taxes for common areas, and tax foreclosures of common area property.

B.

Application Requirements. In addition to other application materials or entitlements as may be required to effectuate a Common Area Development, the applicant shall provide a copy of the Common Area Development's proposed bylaws, rules, and regulations to the designated City staff prior to Development.

C.

Use Standards.

1.

Common areas shall be maintained by the unit owners or an administrative body as provided in NDCC 47-04.1.

2.

Each property owner who is a part of a Common Area Development will hold common areas as percentage interest, per North Dakota Century Code Chapter 47-04.1.

3.

Trash shall be collected at a common, centralized location. Trash containers/roll-offs shall be screened by a trash enclosure.

4.

All common Open Space and Yards shall be landscaped prior to the issuance of a Certificate of Occupancy.

5.

Common and limited common area square footages shall be considered when calculating minimum Lot sizes based on Dwelling Units.

D.

Fines, Fees, and Special Assessments. All new Common Area Developments are required to enter into a Development Agreement addressing the distribution of costs associated with any fines, fees, and/or special assessments that may be levied against the common area and subsequently to the Unit owners of the Common Area Development.

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

A.

Purpose. The purpose of this Section 6-6 is to regulate Congregate Living Facilities to comply with all applicable Building codes, fire safety regulations, and health standards and to provide a framework that allows for responsible management of Congregate Living Facilities while protecting the interests of long-term residents in the community in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Standards.

1.

All Congregate Living Facilities shall contain at least 480 square feet of Floor Area per occupant.

2.

All necessary state and local licensing shall be secured and maintained.

3.

Each Congregate Living Facility shall be owned by a single Person.

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

A.

Purpose. The purpose of this Section 6-7 is to provide homeowners with a means to pursue entrepreneurial opportunities in a manner that is conducive to upholding the integrity and character of the residential neighborhood in which the Home Occupation is located. This Use shall be regulated in accordance with the purposes stated in Section 1-2 (Purpose). Additionally, this section is established to ensure that a Home Occupation remains subservient to the Principal Dwelling Use.

B.

Use Standards.

1.

A Home Occupation shall be operated by the resident of the Dwelling at which the Home Occupation is located.

2.

The Home Occupation shall be confined within the Dwelling or an Accessory Building.

3.

The total Floor Area used to conduct the Home Occupation, including all space within the Dwelling or the Accessory Building, shall not exceed 25 percent of the Floor Area of the Dwelling.

4.

A Dwelling with a Home Occupation shall be indistinguishable from a Dwelling without a Home Occupation. No modifications to the exterior appearance of the Dwelling or premises are permitted except as allowed in Section 7-6 (Sign Regulations).

5.

The Home Occupation shall not substantially increase hourly or average daily traffic volumes on adjacent roadways. City Officials shall determine what constitutes a substantial traffic increase, given existing traffic volumes.

6.

No equipment or process shall be used in the conduct of a Home Occupation that creates noise, vibration, glare, fumes, or odors detectable from beyond the Lot, nor shall any equipment or process create electrical interference off the premises, including visual or audible interference in radio or television receivers or fluctuations in line voltage off the premises.

7.

In-person Retail Sales are prohibited. Online Retail Sales may occur subject to no more than one pick-up and one delivery per day.

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

A.

Purpose. Temporary Workforce Housing is sometimes necessary to support cycles of industrial growth without building permanent housing for the long-term needs of the City. The purpose of this Section 6-8 is to regulate Temporary Workforce Housing Development in a safe, orderly fashion, with a plan for eventual closure and site reclamation in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate Temporary Workforce Housing, the following information must be provided:

1.

A map of the housing unit configuration in relation to the Lot and adjacent Access.

2.

A description of how the units will be set or anchored to the ground.

3.

A statement of the anticipated schedule to construct and maintain the approach Road(s) and the on-site circulation system.

4.

The name, address, and contact information, including phone number, of the on-site manager. It is the applicant's responsibility to inform the Planning and Zoning Department of any change in manager or contact information.

5.

A Site Development Plan, drawn to scale, to include the following:

a.

Dwelling Units;

b.

Accessory Buildings;

c.

Setbacks;

d.

Utilities;

e.

Ingress and egress, parking areas, and on-site circulation for roadways and walkways;

f.

Landscaped Buffer Yards, if required per Subsection 7-7(F) of this Ordinance;

g.

Drainage;

h.

Signage and lighting;

i.

Fencing;

j.

Site amenities; and

k.

Any other information reasonably requested by designated City staff.

6.

On-site security plan.

7.

Fire and emergency evacuation plan.

8.

Copies of all permits issued by or applications submitted to the North Dakota Department of Environmental Quality and/or Upper Missouri District Health Unit. Such permits may be required for water use, refuse disposal, and septic or sewer discharge, as applicable.

9.

A Reclamation Plan to restore the site's original condition and development potential for an alternative Use following the closure of the Temporary Workforce Housing.

10.

A cash-backed letter of credit in favor of the City of Watford City in an amount equal to the cost of reclamation, as determined by a Professional Engineer licensed in the State of North Dakota.

C.

Standards.

1.

There shall be at least 160 square feet of Habitable Space per occupant, provided that adequate sanitary and food preparation areas are provided.

2.

Smoke alarms shall be installed in conformance with the current North Dakota adopted International Residential Code, and subsequent amendments thereto. Smoke alarms may be wired or battery-operated.

3.

Each Dwelling Unit shall have at least one operable gas alarm and one operable carbon monoxide alarm, both of which may be wired or battery-operated.

4.

Additional requirements as determined through the Conditional Use Permit application process.

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

A.

Purpose. The purpose of this Section 6-9 is to regulate Motels and Hotels to comply with all applicable Building codes, fire safety regulations, and health standards and to provide a framework that allows for responsible management of Motels and Hotels in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Use Standards.

1.

The maximum number of units permitted in a Motel shall be determined based on parking and safety requirements.

2.

Each Hotel or Motel unit shall contain at least 200 square feet of Floor Area.

3.

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

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

A.

Purpose. The purpose of this Section 6-10 is to regulate Bed and Breakfast Facilities to comply with all applicable Building codes, fire safety regulations, and health standards and to provide a framework that allows for responsible management of Bed and Breakfast Facilities while protecting the interests of long-term residents in the community in accordance with the purposes stated in Section 1-2 (Purpose). Bed and Breakfast Facilities must comply with NDCC Chapter 23-09.1.

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate a Bed and Breakfast Facility, the following information must be provided:

1.

A Floor Plan, drawn to scale, showing the number of Bedrooms.

2.

A Site Plan, drawn to scale, showing the available off-street parking reserved for guests.

3.

A copy of the applicant's North Dakota Bed and Breakfast License.

C.

Use Standards.

1.

The property owner of the Bed and Breakfast Facility shall be required to obtain a Conditional Use Permit and renew it as required by the Conditional Use Permit so long as the property is used as a Bed and Breakfast Facility.

2.

The property owner shall collect and provide to the appropriate taxing authority its share of lodging taxes collected.

3.

The maximum number of guests allowed on the premises shall be three per Bedroom.

4.

A minimum of one off-street parking space per Bedroom shall be provided on-site. Parking areas shall not obstruct Access by emergency service vehicles.

5.

A guest shall not be permitted to stay at one Bed and Breakfast Facility for more than 30 consecutive days.

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

A.

Purpose. The purpose of this Section 6-11 is to regulate Short-Term Rentals to comply with all applicable Building codes, fire safety regulations, and health standards and to provide a framework that allows for responsible management of Short-Term Rentals while protecting the interests of long-term residents in the community in accordance with the purposes stated in Section 1-2 (Purpose).

Short-Term Rental units are conditionally allowed in designated Districts shown in Table 5-1 (Use Table). This section is not intended to allow any residential property owner to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the owner from using their property as a short-term rental unit, as defined in this article.

The City of Watford City reserves the right to change the regulations provided in this section at any time, including discontinuing the issuance of Short-Term Rental unit permits, notwithstanding any impacts to existing or future Short-Term Rental Conditional Use Permit holders. Anyone accepting a Short-Term Rental unit CUP pursuant to this section acknowledges and accepts that possibility.

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate a Short-Term Rental, the following information must be provided:

1.

The name, address, and contact information of the property owner;

2.

The name, address, and contact information of a local contact person who is available by telephone 24 hours per day, seven days per week;

3.

Proof of insurance for the Use of the property as a Short-Term Rental;

4.

Proof that property owners have registered with the North Dakota Office of State Tax Commissioner to collect and remit applicable taxes;

5.

A description of the following:

a.

Location and type of smoke detectors and carbon monoxide detectors;

b.

Egress doors and windows;

c.

Number of Bedrooms;

d.

Gross Area of each Bedroom; and

e.

Identification of all hosting platforms, websites, social media, and traditional media resources where the Short-Term Rental is listed or advertised.

C.

Use Standards.

1.

Certificate of Occupancy. Short-Term Rentals require a certificate of occupancy and shall be developed and inspected in accordance with all applicable provisions of state and local health, safety, Building, and fire codes.

2.

Conditional Use Permit. All Short-Term Rentals must obtain a Conditional Use Permit from the City. CUPs shall be valid for one year and subject to annual renewal. No portion of an application fee is refundable if a CUP is denied, or operation of the Short-Term Rental is discontinued for any reason.

3.

Maximum Occupancy. The maximum overnight occupancy of a Short-Term Rental shall be limited to no more than three people per Bedroom. The maximum overnight occupancy may be reduced based on available parking spaces and will be determined at the time of CUP approval. All Short-Term Rentals with six or more Bedrooms and 11 or more occupants must be licensed by the North Dakota Department of Health and Human Services Division of Food and Lodging.

4.

Parking. A minimum of one off-street parking space per Bedroom shall be provided on-site. Parking areas shall not obstruct Access by emergency service vehicles.

5.

Appearance. The Use of a Dwelling Unit as a Short-Term Rental shall not change the appearance of the property for Residential purposes nor shall the use generate excess noise, vibration, glare, odors, traffic, parking congestion, or loud or unruly gatherings that interfere with any person's enjoyment of their residence. Signage advertising the property as a Short-Term Rental is prohibited.

6.

Septic Systems. If the Short-Term Rental utilizes a septic system, the system must be sized according to maximum occupancy of the Short-Term Rental.

7.

Garbage. Garbage and refuse shall be stored completely enclosed within designated containers.

8.

Tax Classification. The host shall maintain for a period of four years records in such form as the tax authorities may require to determine the amount of taxes owed to a taxing authority. Taxing authorities shall have the right to inspect such records at all reasonable times. Such records shall be maintained at the host's premises or shall be available for delivery to the taxing authority within one business day after request.

9.

Length of Stay. Guests shall not be permitted to stay in the home for more than 30 consecutive days.

10.

Use. A Short-Term Rental shall only be used for overnight lodging. Events and large gatherings of people who cannot occupy the short-term include, but not limited to, weddings, banquets, and personal or corporate events. Such uses are prohibited as part of the short-term rental use.

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

A.

Purpose. The purpose of this Section 6-12 is to regulate Agricultural-Related Commercial Activity in a manner that upholds the primary purpose of the A-1, Agricultural District, while providing opportunities for direct-to-consumer sales and other limited retail activities on-site in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Standards.

1.

The cumulative Floor Area used for retail shall not exceed 10,000 square feet.

2.

The cumulative Floor Area used for non-Agricultural-Related Sales shall not exceed 25 percent of the total floor area of the Commercial Structure(s) on the Lot.

3.

The landowner of record is responsible for notifying the Planning and Zoning Department of any change in ownership, lease, or annexation status pertaining to the property at which the Agricultural-Related Commercial Activity has been permitted. Unless otherwise stated within the conditions of approval, a previously issued Conditional Use Permit for Agricultural-Related Commercial Activity shall be subject to review and recommendation by the Planning and Zoning Commission and review and final decision by the City Council within 90 days of:

a.

Sale or transfer of subject property or portion thereof;

b.

Change in lessee or lessor; or

c.

Annexation into the City of Watford City.

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

A.

Purpose. The purpose of this Section 6-13 is to regulate Commercial Livestock and Domestic Farm Animal Uses to be located and conducted in a manner to reduce impacts on surrounding neighborhoods in accordance with the purposes stated in Section 1-2 (Purpose). Further, this section is established to protect existing agricultural operations as the City of Watford City continues to develop.

B.

Use Standards.

1.

In the A-1 District and A-2 Legacy District within Watford City's Extraterritorial Area, Commercial Livestock and Domestic Farm Animals are permitted on a Lot containing 10 or more acres. While Animal Feeding Operations are prohibited, normal wintering operations for cattle and aquatic animal production facilities are permitted.

2.

In the A-1 District within City limits, only Domestic Farm Animals are permitted on Lots containing 10 or more acres. Commercial Livestock are not permitted without an Administrative Use Permit, and such permit will only be given to allow temporary grazing for a maximum of 60 days per year on a particular Lot.

3.

In the RR-1 District, as well as the RR-2.5 and RR-5 Legacy Districts, only Domestic Farm Animals are permitted on Lots containing two or more acres. Commercial Livestock are not permitted.

4.

In the A-1 District within City limits and in the RR-1 District, as well as the RR-2.5 and RR-5 Legacy Districts, Domestic Farm Animals will only be allowed in the numbers indicated in the Tables 6-1 and 6-2 below.

Table 6-1. Animal Units by Zoning District

*Note: Temporary grazing for Commercial Livestock operations is allowed as an Administrative Use Permit.

Table 6-2. Animal Unit Value by Animal Type with Maximums

⁁Note: Fowl includes chickens, ducks, geese, turkeys, or other domesticated birds. Roosters are prohibited within City Limits.

5.

All fenced areas and enclosures containing four or fewer Animal Units shall be separated by a minimum distance of 60 feet from the following Uses:

a.

Lots containing Dwelling Units, except for those located in the A-1 District, A-2 Legacy District, RR-1 District, RR-2.5 Legacy District, or RR-5 Legacy District. For these excepted Districts, the fenced areas and enclosures shall be located no-less-than 30 feet from the neighboring Lot(s) within City limits. If fenced areas and enclosures separate Lots located within the City's ETA, no fencing setbacks are required if the Lots are one of the excepted Districts listed above.

b.

Lots containing Commercial Sales and Services Uses listed in Table 5-1 (Use Table), except for Animal Hospital; and

c.

Lots containing Public and Semipublic Uses listed in Table 5-1 (Use Table).

6.

All fenced areas and enclosures containing more than four Animal Units shall be separated by a minimum distance of 100 feet from Lots containing the Uses listed in part 5, above. If fenced areas and enclosures separate Lots located within the City's ETA, no fencing setbacks are required if the Lots are one of the excepted Districts listed in part 5(a), above.

7.

No Animal Feeding Operations are permitted within the City limits or its ETA.

8.

This Section does not regulate Horse Boarding or Pet Boarding Uses set out in Section 6-25 (Animal Boarding).

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

A.

Purpose. The purpose of this section is to regulate the Use of Bulk Freshwater Storage in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Application Requirements.

1.

In addition to other application materials or entitlements that may be required to effectuate a Bulk Freshwater Storage facility, the following information must be provided:

a.

A Site Development Plan showing the location of the facility and required fencing, as described in Section 7-3 (Site Development Plans).

b.

Proof of approval by the State Water Commission if the facility will be capable of storing 50 acre-feet of water or more.

c.

A Storm Water Pollution Prevention Plan, if required by State or Federal regulations.

d.

A Reclamation Bond, if the facility will be capable of storing more than 50 acre-feet of water. See Subsection 9-3(C).

C.

Use Standards.

1.

A Sign, four feet by eight feet, that identifies that company name, project name, site address, and name and phone number of the emergency contact individual shall be visible from public Road providing Access to the site and shall meet the signage requirements of this Ordinance.

2.

A six-foot-high, secure chain link fence shall be installed around the perimeter of the Bulk Freshwater Storage area.

3.

Roadways leading to and from the Bulk Freshwater Storage Facility shall be evaluated for capacity and condition. Necessary infrastructure improvements, long-term maintenance obligations, and allowable routes shall be determined as appropriate by City Officials.

4.

All Bulk Fresh Water Storage Areas shall have a 100-foot trackout zone for all truck egress locations. The trackout zone shall include a cattle guard or other approved method to remove debris from the tires of the trucks as determined by City Officials.

5.

Dust control consisting of magnesium chloride or another product approved by City Officials shall be applied to on-site and/or private roadways throughout operation as needed, a minimum of two times per year. The applicant shall provide proof of dust control product application. City Officials will specify where the dust control is to be applied, which generally shall be from all points of Access to the nearest paved Road(s).

6.

Temporary Structures may be permitted for a period not to exceed six months.

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

A.

Purpose. The purpose of this Section 6-15 is to regulate Surface Mining in accordance with the purposes stated in Section 1-2 (Purpose). Surface Mining is necessary to produce aggregate material used in the oil and gas industry, road construction and maintenance projects, and land Development related to grading and landscaping. Surface Mining generates truck traffic, noise, dust, and visual impacts, and therefore must be evaluated for compatibility with nearby, existing, and planned future land Uses and with the road infrastructure available or required for the Surface Mining operation.

B.

Application Requirements. No Surface Mining shall commence prior to issuance of a Surface Mining or a Temporary Mining permit and fee payment in an amount determined by resolution of the City Council. In addition to other application materials or entitlements that may be required to effectuate any Surface Mining Use, the following information must be provided:

1.

A map and description of the operation, including the areas proposed for mining, the proposed mining schedule, proposed haul routes, Access locations, and the anticipated number of daily truck trips.

2.

A Site Reclamation Plan and Reclamation Bond, as provided by Subsection 9-3(C). The engineer's estimate shall include topsoil applied to a depth of at least six inches on all disturbed areas and planted with appropriate grasses as approved by City Officials.

3.

All necessary federal and state licensing, registration, and permitting, as may be required.

4.

A Development Agreement may be required prior to commencement of Surface Mining operations, as provided by Section 9-4 (Development Agreements).

C.

Use Standards.

1.

Roadways leading to and from the Surface Mining operation shall be evaluated for capacity and condition. Necessary infrastructure improvements, long-term maintenance obligations, and allowable routes shall be determined as appropriate by City Officials.

2.

All Surface Mining operations shall have a 100-foot trackout zone for all truck egress locations. The trackout zone shall include a cattle guard or other approved method to remove debris from the tires of the trucks as determined by City Officials.

3.

Excavation areas shall be properly drained, filled, and leveled throughout operation. Runoff from the site shall be restricted from adjacent properties and waterbodies.

4.

All loads exiting a Surface Mining operation shall be tarped or otherwise covered.

5.

Dust control consisting of magnesium chloride or another product approved by City Officials shall be applied to on-site and/or private roadways throughout operation as needed, a minimum of two times per year. The applicant shall provide proof of dust control product application. City Officials will specify where the dust control is to be applied, which generally shall be from all points of Access to the nearest paved Road(s).

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

A.

Purpose. The purpose of this Section 6-16 is to regulate Seismographic Exploration so that it is conducted in an orderly manner, harmonious with existing land Uses, and to establish a record for such activity for future development in accordance with the purposes stated in Section 1-2 (Purpose). Seismographic Exploration shall not interfere with Non-Participating Landowner's Uses; the operation of coal and subsurface exploration operations; nor oil and gas drilling, transportation, or production facilities.

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate Seismographic Exploration, the following information must be provided:

1.

Description of the exploratory activity proposed on the site, to include the following:

a.

A statement establishing the date on which Seismographic Exploration is expected to commence.

b.

The method to be utilized in the Seismographic Exploration.

c.

The estimated depth and number of drill holes, if applicable.

d.

The estimated range of explosive charges to be used in the operation, if applicable.

2.

A Site Plan, drawn to scale, showing the location by quarter section, township, and range of the lines to be explored. The scale may be adjusted, as required by the Zoning Administrator, to provide sufficient detail for the identification and administration of areas where Seismographic Exploration may occur. The Site Plan shall include, at a minimum, the following:

a.

Boundaries of the area proposed for Seismographic Exploration.

b.

Locations of any water wells, developed springs, and other pressurized underground water lines, whether public or private, within 1,200 feet of the boundaries of the area proposed for Seismographic Exploration.

c.

Any Non-Participating occupied Structures or other water Structures, including dams and dug-outs.

3.

A Site Reclamation Plan and Reclamation Bond, as provided by Subsection 9-3(C).

C.

Standards.

1.

All seismograph survey shot hole sites shall be located at least 1,200 feet from all water wells, developed springs, and water utilities, and at least 1,000 feet from all Nonparticipating occupied Structures, unless a less restrictive Setback is mutually agreeable between the surface owner, the mineral operator, and the City.

2.

All nonexplosive Seismographic Exploration activities shall be located at least 300 feet from all water wells, developed springs, water utilities, and Nonparticipating occupied Structures, unless a less restrictive Setback is mutually agreeable between the surface owner, the mineral operator, and the City.

3.

All Conditional Use Permits for Seismographic Exploration are valid for one year, commencing from the date of approval. Prior to the expiration of the Conditional Use Permit, the permittee may request an extension for a period of no longer than six months, to be submitted to the Planning and Zoning Commission for consideration and recommendation and to the City Council for final decision.

4.

Within 30 days following the completion of Seismographic Exploration, the property owner or their representative shall file with the City a statement showing the date the activity was commenced, the date completed, and the locations on which such activity was conducted, to the same scale required for the Site Plan.

5.

The permittee shall plug all drill holes as required by NDCC 38-08.1-06 and shall restore the surrounding surface to its original condition to the greatest extent practical, including the removal of trash or other material which was brought onto the premises to effectuate the Use. The Reclamation Bond shall be released following the completion of a site inspection by the Zoning Administrator or their designee confirming the fulfillment of all requirements as described per the approved Site Reclamation Plan.

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

A.

Purpose. The Purpose of this Section 6-17 is to regulate the location and operation of Adult Establishments to mitigate off-site impacts on other Uses in Watford City in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Standards.

1.

An Adult Establishment shall not be located within 1,250 feet of any pre-existing Religious Institution, School, public park or playground, or property zoned RR-1, R-1, R-2, R-2M, R-3, R-4, or PUD, as measured from the nearest Lot Line to Lot Line.

2.

Adult Entertainment Centers shall display no Signs visible from the exterior of the Building, except for Signs identifying the center and/or its address.

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

A.

Use Purpose. The purpose of this Section 6-18 is to protect the public health, safety, and welfare of the residents and patients of Watford City by prescribing the manner in which medical marijuana businesses can be conducted within the City's corporate limits and ETA. Furthermore, the purpose of this Section is to:

1.

Provide for a means of cultivating, manufacturing, and distributing usable marijuana to patients who qualify to obtain, possess, and use marijuana for medical purposes as prescribed by state law.

2.

Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and water quality, neighborhood and patient safety, security for the business and its personnel, and other health and safety concerns.

3.

Create regulations that address the particular needs of Compassion Centers, patients, and residents of the City and comply with laws that may be enacted by the state regarding medical marijuana.

B.

Additional Application Submittals. In addition to other application materials or entitlements that may be required to effectuate the Use of Compassion Center, the following information must be provided:

1.

List of all persons and entities with an ownership interest in the Compassion Center, including all shareholders that hold at least five percent interest in the Compassion Center.

2.

A security plan approved by the Chief of Police depicting the location and configuration of fences, exterior lighting, security cameras, and surveillance equipment.

3.

A complete description of the products and services to be produced or sold by the Medical Marijuana Manufacturing Center(s) and/or Distribution Center(s).

4.

A notarized statement acknowledging that the land-owner applicant understands applicable federal laws, any guidance or directives issued by the U.S. Department of Justice, the laws of the State of North Dakota, and the laws and regulations of McKenzie County and the City of Watford City concerning the operation of Compassion Centers. The written statement shall also acknowledge that any violation of such laws or regulations, or the commencement of any legal proceeding relating to such Compassionate Center by federal authorities may render the license subject to immediate suspension or revocation.

5.

A notarized statement that the land-owner applicant will hold harmless, indemnify, and defend the City against all claims and litigation arising from the issuance of license and a Conditional Use Permit, including any claims and litigation arising from the Compassion Center.

6.

Any additional plans, documents, or information as requested by City Officials.

C.

Standards.

1.

Each Compassion Center shall be located in a separate, permanent, standalone Building.

2.

Once a Conditional Use Permit is obtained for a Compassion Center, any change that creates an increased impact to neighboring properties of the facility or a change in ownership shall require prior approval of the City.

3.

If the State of North Dakota or its electorate repeals the Compassionate Care Act or the act is otherwise declared void, all Medical Marijuana Manufacturing Center(s) or Distribution Center(s) Conditional Use Permits issued by the City Council will be deemed to have immediately expired.

4.

A minimum 300-foot Setback shall apply as measured from the nearest Lot Line of the Compassion Center to the nearest Lot Line of the following:

a.

Residential Uses as provided in Table 5-1 (Use Table).

b.

Public and Semipublic Uses as provided in Table 5-1 (Use Table).

5.

The manufacture and/or distribution of medical marijuana shall be the only Use or activity permitted on the Lot.

6.

Outdoor storage shall not be permitted.

7.

Drive-through, drive-up, or walk-up facilities shall not be permitted.

8.

There shall be no discernable emission of dust, fumes, vapors, or odors into the environment beyond the Lot Line.

9.

Medical Marijuana Compassion Centers shall display no Signs visible from the exterior of the center, except for Signs identifying the center and/or its address.

D.

Annual Review. A Compassion Center Conditional Use Permit shall be reviewed annually by the Planning and Zoning Commission and City Council. The annual review shall evaluate the effectiveness of the existing conditions of approval and the corresponding modification of conditions, as necessary. Further, the annual review may include the establishment of additional conditions to mitigate any negative externalities that have arisen since the original Conditional Use Permit was issued.

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

A.

Purpose. The purpose of this Section 6-19 is to establish standards and regulations for the development and operation of Data Centers within the City or its ETA in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Development Permit Requirements. In addition to standard Development Permit requirements, the following materials or entitlements that shall be required to effectuate a Data Center:

1.

Identification of the owner/operator of the Data Center.

2.

A narrative describing the proposed project including: cooling method, power needs, anticipated design life, estimated daily trips during construction and operation, the general project phasing plan, and description of waste water waste created and the approach to managing discharges (if applicable).

3.

Prior to approval, the applicant shall submit an Acoustic Impact Report prepared and signed by a licensed professional engineer with demonstrated acoustical engineering expertise. The report shall:

a.

Identify all proposed sound-emitting source points (e.g., generators, cooling units, substations) and describe the predicted sound pressure level from each source point individually;

b.

quantify the cumulative predicted sound pressure levels from the project (of the specific project phase under review), accounting for concurrent operation of sources; and

c.

model and report the existing and predicted cumulative sound pressure levels for each Lot within one-half mile of the source point(s) as measured to the nearest point on a Lot Line ("Receptor Site").

Results shall be expressed in A-weighted decibels (dBA) as hourly Equivalent Continuous Sound Levels (L ₁₀ and L ₅₀ ), with notation of any prominent tonality or impulsive events, and be supported by a description of operating scenarios, Receptor Sites, terrain/ground absorption, shielding, and meteorological assumptions. The report shall also include a map referencing all project Structures, a summary table comparing predicted levels to applicable standards, and recommended mitigation, if any, needed to achieve compliance. Industry-standard dBA penalties shall be applied for identified tonal or impulsive sound sources or events.

4.

A Site Development Plan conforming with Subsection 7-3(C).

5.

A map of the project area showing all of the Receptor Sites and proposed testing locations within one-half of a mile of the exterior boundaries of the property where the Data Center will be located.

6.

Applicant shall develop, in coordination with the City, a list of governing agencies necessary to comply with all applicable State and Federal laws, statutes, rules, and regulatory standards. An anticipated schedule for necessary approvals will be required prior to permitting.

7.

Written verification from, the electrical provider, that sufficient capacity will be available to meet anticipated needs for electrical power.

8.

Written verification from the water utility that sufficient capacity will be available to meet anticipated needs for water.

9.

Prior to the issuance of Development Permits, the applicant shall enter into a Development Agreement with the City, as provided in Section 9-4 (Development Agreements).

10.

Any other relevant studies, reports, certifications, or approvals as may be required by City Officials to ensure compliance with this Section and this Ordinance.

C.

Use Standards.

1.

Noise perceived from Receptor Site(s), as measured from any source point(s), shall not exceed the sound pressure levels provided in Section 4-1302 (Loud, Disturbing, Unnecessary Noises Prohibited) for normal operation. If necessary, noise mitigation shall be required to achieve compliance. Noise mitigation may include, but is not limited to, the use of low-noise fans, earthen berms, sound walls, or enclosures.

2.

The sound pressure levels stated in Section 4-1302 (Loud, Disturbing, Unnecessary Noises Prohibited) may be temporarily exceeded during emergency operations due to power grid interruptions.

3.

Testing and maintenance operations for emergency generators shall only occur between the hours of 7 AM and 9 PM.

4.

A landscaped Buffer Yard shall be installed in accordance with Subsection 7-7(F).

5.

All electrical wiring shall comply with the North Dakota State Electrical Board, and any of its rules and regulations.

6.

All-weather Access will be maintained by the Lot owner unless the Access is dedicated and accepted by the City.

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

A.

Purpose. The purpose of this Section is to ensure that Storage Containers are used and placed in a manner to support temporary storage needs and are not misused as a circumvention of a permanent storage solution such as an Accessory Building in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Use Standards.

1.

Standards Applying to All Districts.

1.

Storage Containers are Accessory Uses. A Primary Use must be established prior to placement of a Storage Container.

2.

Storage Containers shall be used for temporary storage and shall not be inhabited.

3.

Storage Containers are prohibited within the Right-of-Way.

4.

Storage Containers must not be located within the Setbacks of the Lot's Zoning District.

5.

Storage Containers must not be vertically stacked.

6.

Storage Containers must be placed entirely above grade.

7.

No structural improvements may be made to the Storage Container.

8.

No utilities may be provided to the Storage Container.

9.

Storage Containers must be maintained to appear in as-new condition. No rust, graffiti, or visible damage to the exterior is allowed.

10.

Storage Containers may not be longer than 40 feet.

2.

Standards applying to the RR-1, R-1, R-2, R-2M, R-3, MH, and PUD Districts and the RR-2.5, RR-5, R-T, and R-C Legacy Districts.

1.

No more than one Storage Container is permitted on a Lot at any time.

2.

A Storage Container may only be temporarily located on a Lot that has an active Building Permit, and it must be removed within 30 days of the expiration or revocation of the Building Permit.

3.

Storage Containers are not otherwise allowed.

3.

Standards applying to the R-4 District.

1.

Storage Container(s) may only be temporarily located on a Lot that has an active Building Permit, and it must be removed within 30 days of the expiration or revocation of the Building Permit.

2.

Storage Containers are not otherwise allowed.

4.

Standards applying to the C-1, CB, and CF Districts and the C-2 Legacy District.

1.

No more than one Storage Container is permitted on a Lot unless it is associated with an active Building Permit.

2.

Additional Storage Container(s) may be temporarily located on a Lot that has an active Building Permit, but must be removed within 30 days of the expiration or revocation of the Building Permit.

3.

A Storage Container shall not be placed:

i.

In parking stall(s) in such a manner as to create a Nonconformity with the minimum parking requirements per Section 7-5 (Parking and Loading Regulations);

ii.

In a drive-aisle or in a location that would otherwise impede necessary on-site circulation; or in a way that would restrict visibility within required Sight Triangles;

iii.

In the Front Yard; or

iv.

On an unimproved portion of the Lot.

5.

Standards applying to the I-1 and I-2 Districts.

1.

A Storage Container shall not be placed:

i.

In Parking Stall(s) in such a manner as to create a Nonconformity with the minimum parking requirements per Section 7-5 (Parking and Loading Regulations);

ii.

In a drive-aisle or in a location that would otherwise impede necessary on-site circulation; or in a way that would restrict visibility within required Sight Triangles;

iii.

In the Front Yard; or

iv.

On an unimproved portion of the Lot.

2.

Storage Containers shall be screened from the view of the Right-of-Way by an intervening landscaping buffer; Structure; or fence.

6.

Standards applying to the A-1 District and the A-2 Legacy District.

1.

Two Storage Containers are allowed on a 10-acre Lot. One additional Storage Unit may be placed on the Lot for each additional five acres above 10 acres, with the maximum number of Storage Containers being five on Lots containing 25 acres or more.

2.

A Storage Container shall not be placed:

i.

In Parking Stall(s) in such a manner as to create a Nonconformity with the minimum parking requirements per Section 7-5 (Parking and Loading Regulations);

ii.

In a drive-aisle or in a location that would otherwise impede necessary on-site circulation; or in a way that would restrict visibility within required Sight Triangles; nor

iii.

In the Front Yard.

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

A.

Purpose. The purpose of this Section 6-21 is to regulate the Use of Campgrounds in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate a Campground, the following information must be provided:

1.

A Site Development Plan drawn to scale showing:

a.

Individual Recreational Vehicle Campsites, Tent Campsites, and Group Campsites.

b.

Bathroom facilities.

c.

On-site circulation roadways, walkways, and parking areas.

d.

Special Flood Hazard Areas, if any.

e.

Location of all utility lines, including electrical lines/hook-ups, sewer lines, sewer outlets, and water hook-ups.

f.

Location of lighting, information, and security infrastructure.

2.

A grading and drainage plan illustrating how stormwater will be accommodated to ensure the integrity of the on-site circulatory roadways, walkways, and parking areas and the avoidance of stagnant pools of water.

C.

Use Standards.

1.

The requirements of Chapter 23-10 of the North Dakota Century Code must be adhered to.

2.

Each Campground shall be one or more adjacent Parcels containing a combined a minimum of two acres.

3.

Recreational Vehicle Campsites shall accommodate no more than one Recreational Vehicle with a minimum area of 1,000 square feet per Campsite.

4.

Tent Campsites shall accommodate no more than two tents with a minimum area of 600 square feet per Campsite.

5.

Group Campsites shall accommodate no more than four Recreational Vehicles or four tents or a combination thereof with a minimum Campsite area of 4,000 square feet.

6.

Each Campsite shall be at least 30 feet in width.

7.

Each Campsite shall be numbered in sequential order.

8.

The Campground shall be located on a well-drained, properly graded site to ensure rapid drainage and freedom from stagnant pools of water.

9.

All fuel supplies, including but not limited to propane and compressed natural gas containers, must be secured to a fixed object unless the supply is intended by its manufacturer to be a freestanding fuel source such as a 250 or 500-gallon tank.

10.

Laundry facilities for the exclusive use of Campground occupants may be provided in an Accessory Building on site.

11.

Sufficient electrical services shall be provided to each Recreational Vehicle Campsite and Group Campsite.

12.

A Light Buffer Yard is required along any property boundary adjoining a Residential District, as provided by Subsection 7-7(F).

13.

Any Recreational Vehicle shall be operational and shall, at minimum:

a.

Maintain sufficient axles with properly aired tires;

b.

Maintain its own means of locomotion, or have a hitch attached, so it may be connected to a vehicle and towed; and

c.

Be properly registered with a state department of transportation.

14.

All Campgrounds must be licensed by the North Dakota Department of Health and Human Services.

15.

All Campgrounds must have access to potable water and sewer. If any Campsite does not have individual hookups for potable water and sewer, adequate restroom facilities must be provided.

16.

All Structures on site shall be permanent.

17.

The Campground, including any Structures, shall be maintained in a clean, sightly condition and kept free of any debris that will create a health or safety hazard for any occupant or a public nuisance.

18.

Each Campground shall provide an adequate number of garbage receptacles with a tight-fitting cover to permit disposal of all garbage.

19.

The burning of garbage is prohibited.

20.

No owner or person in charge of any dog, cat, or other pet or animal shall permit it to run at large or commit any nuisance within the limits of any Campground.

21.

The owner or manager of a Campground shall maintain a current record of the names of the occupants of the Campground. The Campground owner, manager, or caretaker shall always keep the register available for inspection by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The record for each registered occupant registered shall be retained for at least three years following the date of departure of the registrant from the Campground.

22.

The owner, or a duly authorized attendant or caretaker, is responsible for keeping the Campground in a clean, orderly, and sanitary condition at all times, and shall be liable for the violation of any provision of the regulations in this Section.

D.

Inspection, Violation, and Enforcement.

1.

The City shall have the authority to inspect all Campgrounds.

2.

If the City determines upon inspection that the sanitary condition of the Campground is a danger to the health or welfare of its occupants or the surrounding community, the City shall have the power to require the owner of the Campground to restore its sanitary condition with 10 days' notice. If the owner or manager of the Campground Park does not restore its sanitary condition to acceptable standards within 10 days, the City shall have the right to impose fines and penalties.

E.

Unused Campgrounds. If a Campground ceases to be occupied for a period of two years, the Planning and Zoning Commission shall initiate action and hold a public hearing to rezone the property from the CG Legacy District to an appropriate Base District.

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

A.

Purpose. The purpose of this Section 6-22 is to mitigate the impacts of Junkyards to surrounding Uses in Watford City in accordance with the purposes stated in Section 1-2 (Purpose).

B.

Application Requirements. In addition to other application materials or entitlements that may be required to effectuate a Junkyard, the applicant must provide a Site Plan depicting proposed fencing, the amount and type of perimeter landscaping, and buffer yards, as applicable.

C.

Use Standards.

1.

All Junkyards must be completely enclosed within a solid fence to a minimum height of eight feet. Such fence shall be constructed behind any required landscaping or buffer yards as required by Subsection 7-7(F). Materials shall not be stacked or stored to a height above the fence.

2.

Perimeter landscaping and buffer yards shall be provided and maintained between adjacent Districts of lower intensity, as required by Subsection 7-7(F).

3.

Existing Junkyards that do not conform to the requirements of this section shall be required to come into compliance prior to accepting or selling additional items.

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

A.

Purpose. The purpose of this Section 6-23 is to regulate Accessory Solar Energy Systems (SES) in accordance with the purposes stated in Section 1-2 (Purpose). Accessory SES are accessory uses to primary Residential, Agricultural Uses. This section does not apply to utility-scale solar energy facilities, which are prohibited.

B.

Use Standards.

1.

A Building Permit is required for the installation of all Accessory Solar Energy Systems.

2.

All Accessory SES using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

3.

Accessory SES shall be secured to a Permanent Foundation or the roof, as the case may be, in a manner that meets or exceeds industry standards.

4.

All Roof-Mounted Accessory SES shall conform with the following standards:

a.

A Roof-Mounted Accessory SES shall not exceed the maximum allowed height in any District.

b.

A Roof-Mounted Accessory SES shall not extend beyond the Building Line on which the system is mounted, unless the collector and mounting system has been explicitly engineered to extend beyond the Building Line and the installation conforms to all Setback requirements.

c.

Roof-mounted Accessory SES on pitched roofs that are visible from the Right-of-Way shall have the same finished pitch as the roof and shall not extend more than 10 inches above the roof. Roof-mounted systems on flat roofs that are visible from the Right-of-Way shall not extend more than three feet above the roof.

5.

All Ground-Mounted Accessory SES shall conform with the following standards:

a.

No Ground-Mounted Accessory SES shall extend more than 15 feet above grade when solar arrays are oriented at maximum tilt.

b.

No Ground-Mounted Accessory SES shall extend into the Side or Rear Yard Setback when oriented at minimum tilt, except as otherwise allowed for a Structure's mechanical systems.

c.

No Ground-Mounted Accessory SES shall be located within an Easement for underground utilities.

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

A.

Purpose. The purpose of this Section 6-24 is to regulate Accessory Wind Energy Systems (WES) in accordance with the purposes stated in Section 1-2 (Purpose). Accessory WES are Accessory Uses to primary Residential, Agricultural Uses. This section does not apply to utility-scale wind energy facilities, which are prohibited.

B.

Use Standards.

1.

A Building Permit is required for the installation of all Accessory Wind Energy Systems.

2.

An Accessory WES may not create noise perceived from adjacent Lot(s), as measured from any source point(s) exceeding the sound pressure levels provided in Section 4-1302 (Loud, Disturbing, Unnecessary Noises Prohibited).

3.

Accessory WES shall be secured to a Permanent Foundation or the roof, as the case may be, in a manner that meets or exceeds industry standards.

4.

Regardless of Yard setbacks, no Accessory WES shall be installed closer than 1.5 times the total system height (measured from the ground to blade tip at the twelve o'clock position) from public rights of way or overhead utility lines.

5.

Accessory WES components shall maintain a non-reflective, neutral finish with no advertising or signage except for manufacturer's identification (not to exceed two square feet).

6.

No lighting shall be permitted on the turbine unless required by the FAA. No Accessory WES requiring lighting by the FAA is permitted in or adjacent to Residential Districts.

7.

All Roof-Mounted Accessory WES shall conform with the following standards:

a.

A Roof-Mounted Accessory WES shall not extend five feet (measured to the top of the nacelle) above the highest point of the roof line or exceed the maximum allowed height in any District.

b.

A Roof-Mounted Accessory WES shall not extend beyond the Building Line on which the system is mounted, unless the collector and mounting system has been explicitly engineered to extend beyond the Building Line and the installation conforms to all Setback requirements.

8.

All Ground-Mounted Accessory WES shall conform with the following standards:

a.

No Ground-Mounted Accessory WES shall be allowed on Lots smaller than two acres.

b.

Ground-Mounted Accessory WES shall be in conformance with all height and Yard setback requirements for the particular District in which they are located.

c.

No Ground-Mounted Accessory WES shall be located within an Easement for underground utilities.

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

A.

Purpose. The purpose of this Section 6-25 is to establish requirements for Animal Boarding facilities consistent with the purposes stated in Section 1-2 (Purpose).

B.

Applicability. This Section applies to Horse Boarding and Pet Boarding, whether conducted as a Principal or Accessory Use. The regulations for Section 6-13 (Commercial Livestock and Domestic Farm Animals) do not apply to Horse Boarding, except as stated below. When Horse Boarding and Commercial Livestock or Domestic Farm Animals operations are occurring on the same Lot, the regulations pertaining to Horse Boarding shall control. Pets are not considered Commercial Livestock or Domestic Farm Animals.

Additionally, this Section does not apply to:

1.

Animal Hospitals or Clinics;

2.

Breeding facilities;

3.

In-home pet sitting services where the animal remains at the owner's dwelling; or

4.

Any animal that is not a boarded pet or boarded horse. Any other animal boarding will be regulated by Section 6-13 (Commercial Livestock and Domestic Farm Animals).

C.

Application Requirements (General). In addition to other application materials or entitlements that may be required to effectuate Horse Boarding or Pet Boarding, the following information must be provided:

1.

A completed Animal Boarding Permit application along with the associated fee as set by resolution by the City Council.

2.

A written description of the proposed Use, including:

a.

Species to be boarded;

b.

Maximum number of animals to be boarded on-site at any time;

c.

Description of services (e.g., daycare, overnight boarding, grooming, training, lessons, retail, events);

d.

Proposed hours of operation, including customer pick-up/drop-off hours; and

e.

The name, address, and contact information (including phone number) of the on-site manager/operator.

3.

A Site Plan.

4.

A floor plan.

5.

A waste management plan describing storage, handling, and disposal methods and schedules for animal waste, soiled bedding (if any), refuse, dead animals, and wash-down waste, including odor/vector control measures.

Evidence of all required licenses and permits, as applicable, including any approvals required by State or local public health authorities.

D.

Horse Boarding Standards. The maximum number of horses on-site at any time shall not exceed one horse per acre and stall. The only areas that may be counted to satisfy the acreage requirement are those that are fenced and solely used by horses; not including buildings, roads, curtilage, or similar areas. Stalls shall be fully enclosed in a barn or similar Building and sized 100 square feet or greater.

1.

The following additional requirements for Horse Boarding operations apply:

a.

The application shall show the maximum number of horses to be boarded on-site at any time, and a description of any ancillary services (e.g., training, lessons, arenas, trailer storage, events).

b.

The application shall identify the square footage/acreage calculations for stalls, corrals, paddocks, pastures, and arenas.

c.

The application shall include dust mitigation and erosion control plans.

d.

Manure storage and handling areas shall be located on an all-weather surface and managed to prevent runoff to Streets, drainageways, or adjacent properties.

e.

All fenced areas and enclosures shall be separated by a minimum distance of 100 feet from any Zoning District other than the A-1 District, A-2 Legacy District, RR-1 District, RR-2.5 Legacy District, or RR-5 Legacy District. For these excepted Districts, the fenced areas and enclosures shall be located no-less-than 30 feet from the neighboring Lot(s) within City limits. If fenced areas and enclosures separate Lots located within the City's ETA, no fencing setbacks are required if the Lots are one of the excepted Districts listed above.

f.

Where horse trailer parking is proposed, designated trailer parking/loading areas shall be shown on the approved Site Plan and maintained available for that purpose. One vehicle and trailer (connected) space shall be allowed for each utilized Horse Boarding stall.

2.

In City Limits:

a.

The maximum number of horses permitted for a Horse Boarding operation replaces the available Animal Units (AU) otherwise allowed in Section 6-13 (Commercial Livestock and Domestic Farm Animals).

b.

Horse Boarding operations shall not count toward the maximum number of horses allowed on a Lot based on the limitations in Section 6-13 (Commercial Livestock and Domestic Farm Animals).

c.

Horse Boarding facilities are allocated an additional two AUs per full 10 acres which can be allocated based on the limitations in Section 6-13 (Commercial Livestock and Domestic Farm Animals).

3.

In the ETA:

a.

While Horse Boarding operations are regulated under this Section, Animal Units (AU) remain unlimited.

b.

No Animal Feeding Operations are allowed.

E.

Pet Boarding Standards. The Maximum number of animals on-site at any time shall not exceed the approved kennel/cage capacity shown on the floor plan and approved as part of the permit or Conditional Use Permit (CUP).

The following additional requirements for Pet Boarding operations apply:

1.

Pet Boarding Facilities within the City Limits may not board any animals prohibited by Section 7-107 (Keeping of Certain Animals Prohibited).

2.

Applicant shall provide proof that the proposed indoor confinement area's square feet per animal ratio is appropriate based on best practices and noise and odor control.

3.

Applicant shall provide proof that the proposed outdoor exercise/relief area's square feet per animal ratio is appropriate based on best practices and noise and odor control. The outdoor exercise/relief area may not be used for overnight boarding and animals may not use the outdoor exercise/relief area unsupervised from 9pm to 7am.

4.

Indoor animal housing areas shall be constructed and maintained with impervious, cleanable surfaces and kept in a sanitary condition.

5.

Outdoor boarding kennels are prohibited unless expressly approved as part of the Site Plan and conditioned to address noise and neighborhood impacts.

6.

If outdoor exercise/relief areas are approved, they shall be enclosed and maintained to prevent mud, standing water, and runoff, and may be limited to certain hours as a condition of approval.

7.

Buildings shall be constructed and operated to control odor and noise to prevent impacts beyond the Lot Line.

8.

The operator shall demonstrate that the facility does not exceed sound pressure levels provided in Section 4-1302 (Loud, Disturbing, Unnecessary Noises Prohibited).

9.

Facilities located within 300 feet of a Residential Zone shall be allowed to have no more than 24 dogs and/or cats in total.

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

A.

Purpose. This Section establishes standards for the siting and operation of Bulk Fuel Storage consistent with the purposes stated in Section 1-2 (Purpose). Bulk Fuel Storage refers to above-or below-ground fuel storage for on-site (e.g., fleet fueling) use or non-bulk retail sales (e.g., gas stations). This Section does not regulate Bulk Fuel Sales Storage (e.g., bulk plants for wholesale or distribution).

B.

Exemptions. No Administrative User Permit is required for the following Uses, provided all applicable Fire Code and Building Code requirements are met:

a.

Residential propane tanks and similar small, accessory tanks serving a single Dwelling and used exclusively for heating or cooking;

b.

Portable containers and drums stored entirely within a Building and in compliance with the Fire Code;

c.

Refueling tanks mounted on vehicles;

d.

Temporary on-site fueling associated with construction activity.

C.

Administrative Use Permit Submittal Requirements. An Administrative Use Permit application for Bulk Fuel Storage shall include, at minimum:

1.

Site Plan showing existing and proposed Easements, Rights-of-Way, drive aisles and circulation plan, Buildings, tank locations, containment area, fill/dispense points, emergency access, or similar.

2.

Documentation of approval by the North Dakota Department of Environmental Quality (NDDEQ) for the placement of the Bulk Fuel Storage Tank(s).

3.

Tank and equipment specifications, including capacity and hull characteristics (single or double-hulled).

4.

Secondary containment design and calculations (including capacity and materials)(if proposed tank is single-hulled).

5.

Stormwater/drainage plan.

D.

Development and Performance Standards. Bulk Fuel Storage approved under an Administrative Use Permit shall comply with all applicable standards below, and any stricter requirement of the Fire Code as adopted.

1.

Location and Separation.

a.

Tanks, fill ports, vents, dispensing equipment, and containment areas shall be located to maintain required Fire Code separation distances from buildings, property lines, ignition sources, and public ways.

b.

Bulk Fuel Storage shall not be located within a mapped floodway and shall comply with floodplain regulations where applicable.

c.

Tanks and dispensing equipment shall not be located within required Open Space or required parking stalls.

2.

Secondary Containment and Spill Control.

a.

Tanks shall meet all requirements of NDDEQ for secondary containment and spill control.

b.

Containment areas shall be designed to prevent discharge to storm sewers, surface waters, or adjacent properties, including use of shutoff valves or other approved control measures.

c.

A spill kit appropriate to stored products shall be maintained on site and readily accessible.

3.

Tank Construction, Appurtenances, Installation and Protection.

a.

Tanks shall be constructed and protected according to the requirements of NDDEQ.

b.

Where abutting or across an Alley/Street from a Residential District, the facility shall provide screening (landscaping, opaque fence, berm, or combination) sufficient to reduce visual impact as required in Subsection 7-7(F) (Buffer Yard Requirements).

4.

Traffic, Access, and Operations.

a.

The site shall provide adequate turning radii and staging so delivery vehicles do not block public Streets.

b.

Access routes for fire apparatus shall be maintained per Fire Code requirements.

E.

Administrative Approval Criteria and Conditions.

1.

The Zoning Administrator may approve an Administrative Use Permit for Bulk Fuel Storage upon finding that:

a.

The application is complete and demonstrates compliance with this Section and all applicable Zoning standards; and

b.

All of the performance standards located in Subsection 6-26(D) (Development and Performance Standards) have been met.

2.

An Administrative Use Permit for Bulk Fuel Storage shall be valid until a modification or revocation occurs as stated in Subsection 6-26(F) (Modification or Revocation).

F.

Modification or Revocation.

1.

Substantial Modifications require an Administrative Use Permit (AUP) amendment prior to construction or operation of the modification.

2.

The Zoning Administrator may revoke an AUP for noncompliance after notice and opportunity to cure, and may order cessation of the use until compliance is restored.

G.

Decommissioning and Site Restoration. Upon permanent discontinuation of Bulk Fuel Storage, the owner/operator shall remove tanks, appurtenances, and contaminated materials in accordance with applicable codes and regulations, and shall restore the site to a safe, stable condition, including removal of unused containment Structures unless approved for reuse.

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

A.

Purpose. This Section establishes standards for the siting and operation of Bulk Fuel Sales Storage consistent with the purposes stated in Section 1-2 (Purpose). Bulk Fuel Sales Storage refers to above-or below-ground fuel storage for wholesale or distribution (e.g., bulk plant or tank yard). This Section does not regulate Bulk Fuel Storage for on-site use or retail sales (e.g., fleet fueling or gas stations).

B.

Exemptions. The City will not regulate any Bulk Fuel Sales Storage that is solely regulated by the North Dakota Industrial Commission.

C.

Conditional Use Permit Submittal Requirements. A Conditional Use Permit application for Bulk Fuel Sales Storage will be required and regulated under Section 9-7 (Conditional Uses).

D.

Development and Performance Standards. Bulk Fuel Sales Storage approved under a Conditional Use Permit shall comply with all applicable standards below, and any stricter requirement of the Fire Code as adopted.

1.

Location and Separation.

a.

Tanks, fill ports, vents, dispensing equipment, and containment areas shall be located to maintain required Fire Code separation distances from buildings, property lines, ignition sources, and public ways.

b.

Bulk Fuel Sales Storage shall not be located within a mapped floodway and shall comply with floodplain regulations where applicable.

c.

Tanks and dispensing equipment shall not be located within required Open Space or required parking stalls.

2.

Secondary Containment and Spill Control.

a.

Tanks shall meet all requirements of NDDEQ for secondary containment and spill control.

b.

Containment areas shall be designed to prevent discharge to storm sewers, surface waters, or adjacent properties, including use of shutoff valves or other approved control measures.

c.

A spill kit appropriate to stored products shall be maintained on site and readily accessible.

3.

Tank Construction, Appurtenances, Installation and Protection.

a.

Tanks shall be constructed and protected according to the requirements of NDDEQ.

b.

A Conditional Use Permit for a Lot with a Bulk Fuel Sales Storage shall not be permitted in a location that is within one thousand feet from any non-Industrial or Agricultural Zoning District.

4.

Traffic, Access, and Operations.

a.

The site shall provide adequate turning radii and staging so delivery vehicles do not block public Streets.

b.

Access routes for fire apparatus shall be maintained per Fire Code requirements.

c.

All haul routes must be sufficiently constructed to withstand vehicle weights associated with site traffic.

E.

Decommissioning and Site Restoration. Upon permanent discontinuation of Bulk Fuel Sales Storage, the owner/operator shall remove tanks, appurtenances, and contaminated materials in accordance with applicable codes and regulations, and shall restore the site to a safe, stable condition, including removal of unused containment Structures unless approved for reuse.

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

A.

Purpose. This Section establishes standards for the siting, installation, operation, and removal of temporary freshwater pipelines consistent with the purposes stated in Section 1-2 (Purpose).

B.

Applicability.

1.

The following Uses are not permitted as temporary freshwater pipeline Administrative Uses:

a.

Pipelines conveying produced water, wastewater, sewage, or other regulated waste;

b.

Permanent water mains or utility infrastructure intended for long-term service; or

c.

Fire hydrant leads, service lines, or building plumbing regulated under the Building Code.

2.

A temporary freshwater pipeline shall be allowed only upon issuance of an Administrative Use Permit (AUP) in the zoning districts as identified in Table 5-1 (Use Table).

3.

No AUP will be required if all other necessary permits are obtained, the installation is wholly on private property, and it does not cross any public Rights-of-Way.

C.

Administrative Use Permit Submittal Requirements. An Administrative Use Permit application for a temporary freshwater pipeline shall include, at minimum:

1.

Route map and Site Plan showing the proposed alignment; Lot Lines; Zoning; Streets; drainageways; wetlands; public utilities; culverts; and all crossings.

2.

Property rights documentation, including easements, licenses, or other written authorization from affected property owners for any portion located outside public Right-of-Way.

3.

Pipeline specifications, including pipe material, diameter, maximum operating pressure, coupler type, anchoring/restraint method, and freeze protection method (if applicable).

4.

Crossing details for each Street/driveway/sidewalk/public utility crossing, including whether bored, trenched, bridged, sleeved, or otherwise protected.

5.

Erosion and sediment control plan for disturbed areas and any waterbody or drainageway proximity.

6.

Decommissioning and restoration plan, including removal method, restoration standards, and timeline.

D.

Development and Performance Standards. Temporary freshwater pipelines approved under an Administrative Use Permit shall comply with all applicable standards below and any stricter requirement of other adopted City standards.

1.

General Location Standards.

a.

The pipeline shall be located and installed to avoid conflicts with existing public utilities and drainage facilities and shall not obstruct access to hydrants, manholes, valves, meter pits, or utility cabinets.

b.

The pipeline shall not be located within required ADA accessible routes or required parking stalls.

c.

The pipeline shall not be installed within a mapped floodway unless specifically approved and designed to avoid flotation, scour, and obstruction of flow in accordance with Section 4-1 (FOD, Floodplain Overlay District).

2.

Right-of-Way and Crossing Standards.

a.

Pipelines within or crossing public Right-of-Way shall be installed only in accordance with applicable engineering standards.

b.

Street crossings shall be bored/jacked or otherwise protected as required by the City Engineer; open-cut crossings may be allowed only where specifically approved and restored to City standards.

c.

Sidewalk and trail crossings shall maintain continuous pedestrian access. If detours are required, the applicant shall provide a signed, safe, ADA accessible detour route, and traffic control plan.

d.

Ditch and culvert function shall be maintained. No installation shall impede drainage or damage culverts, end sections, or headwalls.

3.

Installation and Safety.

a.

Pipelines shall be installed in a manner that prevents movement, uplift, separation, or damage, including use of anchoring, restraint, or ballast where needed.

b.

Aboveground piping shall be made visible and protected from vehicle impacts where located near travel lanes, drive aisles, or work areas (e.g., barricades, bollards, or temporary barriers).

4.

Noise Regulation. Pumps and generators shall not exceed the sound pressure levels provided in Section 4-1302 (Loud, Disturbing, Unnecessary Noises Prohibited) and shall be arranged to minimize impacts to nearby residences, including use of mufflers or sound attenuation where feasible.

E.

Administrative Approval Criteria and Conditions.

1.

The Zoning Administrator may approve an Administrative Use Permit for a temporary freshwater pipeline upon finding that:

a.

The application is complete and demonstrates compliance with this Section and applicable Zoning standards;

b.

Right-of-Way occupancy and crossing methods have been reviewed and approved by the City Engineer (and other agencies as applicable);

c.

The proposed alignment and installation will not materially impair drainage, transportation, or public utility infrastructure; and

d.

Adequate restoration commitments are provided.

2.

The Zoning Administrator may impose alignment adjustments and crossing method requirements conditions.

F.

Term, Renewal, and Modifications.

1.

An Administrative Use Permit (AUP) for a temporary freshwater pipeline shall be valid for six months from issuance unless a shorter period is specified as a condition of approval.

2.

The permit may be renewed in six-month increments upon demonstration of continued need and compliance and when the following is shown:

a.

Confirmation that all Right-of-Way crossings remain approved; and

b.

Property rights documentation, including easements, licenses, or other written authorization from affected property owners for any portion located outside public Right-of-Way remain effective.

3.

Any material rerouting, added crossings, increased diameter, increased operating pressure, or addition of pump stations/manifolds constitutes a Substantial Modification and requires AUP amendment prior to construction or operation.

G.

Decommissioning and Site Restoration.

1.

Upon expiration of the Administrative Use Permit or discontinuation of use for more than 30 consecutive days, the operator shall remove the pipeline and appurtenances unless the City approves continued placement for documented operational need.

2.

All disturbed areas shall be restored to pre-installation condition or better, including:

a.

Repair of pavement, gravel, sidewalk, trail, ditch, and culvert infrastructure to City standards;

b.

Regrading and stabilization to prevent erosion; and

c.

Reseeding or revegetation appropriate to the season and site conditions.

3.

The City may require a final inspection.

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