Watford City City Zoning Code

A.

City Officials. City officials shall be responsible for the following:

a.

Approving or denying all requests for Administrative Uses and Temporary Uses, as listed in Table 5-1 (Use Table);

b.

Approving or denying requests for all local Development Permits, as provided by Section 9-2 (Development Permits and Development Plans);

c.

Preparing property reports:

i.

General zoning verification letters are prepared upon request; and

ii.

In-depth reporting or requests on third-party forms require payment of fee as determined by the fee schedule approved by resolution of the City Council. Reporting fees are assessed per address requested.

d.

Administering and enforcing this Ordinance as stated within this Ordinance; and

e.

All other tasks as stated in this Ordinance.

B.

Planning Commission.

1.

The Planning Commission shall be responsible for the following:

a.

Reviewing all applications for and holding public hearings as required for all Subdivisions, Future Land Use Map Amendments, Zoning Map Amendments, Land Development Ordinance Text Amendments, Conditional Use Permits, and Variances and providing recommendations to the City Council to approve, conditionally approve, or disapprove such requests;

b.

Providing recommendations for appeals, as may be requested by the Board of Appeals; and

c.

All other duties as determined by the City Council, this Ordinance, or as provided by the North Dakota Century Code.

2.

All public testimony, recommendations and decisions, findings of fact, and voting of the Planning Commission shall be documented in the official records of the body.

3.

When a quorum is present, a simple majority vote is sufficient for the adoption of any motion.

C.

City Council.

1.

The City Council shall be responsible for reviewing and taking final action on all proposed Subdivisions, Future Land Use Map Amendments, Zoning Map Amendments, Land Development Ordinance Text Amendments, Conditional Use Permits, annexations, and Variances.

2.

All public testimony, recommendations and decisions, findings of fact, and voting of the City Council shall be documented in the official records of the body.

3.

The City Council may conduct a public hearing on any item that comes before it at its discretion if adequate notice of the public hearing is provided in accordance Section 9-6 (Public Hearing and Public Notice Requirements).

4.

When a quorum is present, a simple majority vote is sufficient for the adoption of any motion, except as otherwise required by law and in the case of valid protest of a proposed Zoning Map Amendment, as described in Subsection 9-9(J).

D.

Board of Appeals.

1.

A Board of Appeals is hereby established, to consist of the Mayor and City Council members.

2.

The Board of Appeals shall be responsible for the following:

a.

Reviewing and deciding on appeals of any order, requirement, decision, or determination made by any City Official of Watford City or referring said appeals to the Planning Commission.

b.

Reviewing and deciding on appeals of final action by the City Council.

3.

The concurring vote of a simple majority of the membership of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of any City Official, Planning Commission, or City Council, or to decide in favor of the applicant in any other matter that comes before the Board of Appeals. The mayor shall preside at all meetings of the Board of Appeals but shall not vote except in case of a tie, when the mayor shall cast the deciding vote.

4.

All public testimony, recommendations and decisions, findings of fact, and voting of the Board of Appeals shall be documented in the official records of the body.

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

A.

Permit Required to Develop. No Building or other Structure shall be erected, moved, expanded, demolished, or structurally altered within Watford City or its Extraterritorial Area prior to issuance of a Development Permit and all other permits as may be necessary for Development, except as provided in Subsection 9-2(B), below. Unpermitted Development is unlawful and shall be punishable as provided in Section 9-12 (Penalties and Enforcement).

B.

Exceptions. Building Permits are not required for the following activities:

1.

Construction or placement of Structures with a floor area of 120 square feet or less;

2.

Repair or replacement of fences or flatwork on private property;

3.

Installation, repair, or replacement of exterior rain gutters;

4.

Other activities up to a cost of $1,000 that are not addressed in any of the applicable Building codes. Regardless of dollar amount, the following categories of projects require review by City Officials to determine the necessity of a Building Permit:

a.

Structural components (e.g., load-bearing elements, footings, or piers);

b.

Life/safety requirements (e.g., egress windows or smoke/CO);

c.

Plumbing and/or electrical updates;

d.

Altering City utility services;

e.

Altering a roof; and

f.

Site grading (raising or lowering from existing).

C.

Application Submittal.

1.

All applications for Development Permits shall be submitted using the applicable forms available online or through the Planning Department. A Site Plan shall be required as part of the application. The application shall not be processed until payment of the required fee, as set by resolution of the City Council. No application fees shall be refunded. Applications that were not processed due to insufficiencies shall only be available for resubmission without additional application fees during the fiscal year in which the application was initially submitted.

2.

Building Permits for Residential Uses. All applications for Building Permits for Residential Uses up to a Multifamily Building comprised of no more than three Dwelling Units shall be submitted using the Residential Building application form. The application submittal shall include a Site Plan depicting the relationship of Development to the Lot and the surrounding roadway system, along with all other information required on the application.

3.

Building Permits for Multifamily and Non-Residential Uses. All applications for Building Permits for Multifamily Buildings comprised of four or more Dwelling Units and Non-Residential Uses shall be submitted using the Site Development Plan application form and a Commercial Building application form available on the City's website. The application submittal shall include a Site Development Plan depicting the relationship of Development to the Lot and the surrounding roadway system, along with all other information required on the application.

4.

Review and Approval. City Officials shall review all applications for Development Permits, Site Plans, and Site Development Plans for completeness. If the City Officials are satisfied that the proposed Development conforms with all regulations of this Ordinance and upon payment of the associate fee(s), said permit(s) shall be issued to the applicant.

D.

Appeal. Any Person aggrieved by a City Official's decision to approve or deny a permit may appeal pursuant to the procedures set forth in Section 9-11 (Appeals).

E.

Expiration. All Development Permits shall expire if the permitted work has not been completed and closed within 180 days from the date of issuance. Once a permit has expired, the Developer must apply to renew the permit, subject to a renewal fee as determined by resolution of the City Council. A new Site Plan or Site Development Plan must be submitted if Development plans or specifications have changed. Deviations from originally approved application details and plans may result in additional fees and review by City Officials.

F.

Violations and Enforcement. City Officials may suspend or revoke any permit if it is determined that the applicant supplied incorrect information in the application. Any Development that does not substantially conform with the approved Site Plan or Site Development Plan shall be in violation of this Ordinance, shall be punishable as provided in Section 9-12 (Penalties and Enforcement), and shall require modifications as ordered by the City to conform with the Site Plan or Site Development Plan and the requirements of this Ordinance.

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

A.

Purpose. Among other purposes, bonds and guaranties are mechanisms to protect the City from unnecessary financial problems caused by property abandonment, violations of contract agreements, and correcting Ordinance violations.

B.

Exceptions. The guaranty requirements of this Ordinance may be waived if an applicant can show to the satisfaction of the City that the required guaranty duplicates the purpose of a guaranty that is required by state or other law and that such guaranty will remain in effect at all times applicable to the bond specified in this Ordinance.

C.

Reclamation Bonds.

1.

Criteria. A reclamation bond is required for some Permitted Uses, many Conditional Uses, and certain Temporary Uses, as specified in this Ordinance.

2.

Bond Amount. The bond shall be for 150 percent of the estimated cost to remove all above-ground Structures and all underground Structures and utilities to a depth of four feet, including but not limited to pipes, wires, and concrete; and to remove gravel, scoria, or other ground cover or fill from the site, regrade the site so it has a pre-Development appearance, and reseed the site with native grasses and vegetation.

3.

Cost Estimation. The cost estimate shall be determined by an engineer licensed in the State of North Dakota and shall be subject to approval by City Officials. Any denial may follow the appeal procedures as provided of Section 9-11 (Appeals).

4.

Submittal Timeframe. The bond shall be presented to the Zoning Administrator within 60 days of the approval of a permit for which the bond is required or, if any other county, state, or federal permit, certificate, determination, or approval is needed in order for the permittee to commence construction, the permittee shall notify the Zoning Administrator within 30 days of the issuance of the last such permit, certificate, determination, or approval.

5.

Violation and Enforcement. No Development may commence prior to presenting the bond in the amount of the approved cost estimate to the Zoning Administrator. Failure to provide the bond within the time required may result in revocation of Development Permits. Further, expiration, cancellation, or revocation of bond may result in revocation of Development Permits.

6.

Cost Adjustment. The estimated cost of removal and reclamation for reclamation bonds shall be reviewed and, if necessary, adjusted every five years based on inflation. If inflation has increased in the five-year timeframe, an engineer's estimate for a new bond shall be submitted to the Zoning Administrator and shall comply with parts 2 through 5 of this Subsection 9-3(C).

D.

Performance and Warranty Guaranties.

1.

Performance Guaranty.

a.

Prior to installing Public Improvements as outlined under Section 8-5 (Public Improvement Plans), a performance guaranty shall be obtained by the Developer in favor of the City at 150% of the approved engineer's estimate for the cost of the Public Improvements. The performance guaranty can be in the form of:

i.

A cash deposit, to be held by the by the City and released pending final completion of the Public Improvements;

ii.

A bond with a surety rated at an acceptable level; or

iii.

A cash-backed letter of credit from a financial institution having a location in North Dakota, with the City having access to the account. The letter of credit shall be irrevocable until all Public Improvements are completed and the warranty guaranty is in place as provided in part 2, below.

b.

The performance guaranty shall remain in effect for a period defined and agreed upon in the Subdivision Improvement, Maintenance, and Warranty Agreement, Infrastructure Agreement, and/or Development Agreement.

2.

Warranty Guaranty.

a.

A warranty guaranty must be in place prior to 100% release of the performance guaranty following completion of the infrastructure per the Public Improvement Plans. The warranty guaranty shall be for 25% of the performance guaranty and can be in the form of:

i.

A cash deposit, to be held by the City;

ii.

A bond with a surety rated at an acceptable level; or

iii.

A cash-backed letter of credit from a financial institution having a location in North Dakota, with the City having access to the account.

b.

The warranty guaranty shall remain in effect for a period defined and agreed upon in the Subdivision Improvement, Maintenance, and Warranty Agreement, Infrastructure Agreement, and/or Development Agreement.

3.

Claims on Guaranty.

a.

If the infrastructure or warranty work is not completed in a manner as indicated by the Subdivision Improvement, Maintenance, and Warranty Agreement, Infrastructure Agreement, and/or Development Agreement, the City may give notice to the Developer of the City's intention to complete the work as specified by the Subdivision Improvement, Maintenance, and Warranty Agreement and/or Development Agreement.

b.

If the City determines that it must do work agreed to be done by the Developer in the Subdivision Improvement, Maintenance, and Warranty Agreement, Infrastructure Agreement, and/or Development Agreement, the City shall have the right to enter the Developer's property for the purpose of doing said work.

4.

Release of Guaranty.

a.

The Developer shall provide a letter requesting release of guaranties to the City Engineer for review.

b.

The City Engineer shall review the improvements and compare the improvements to the requirements. If deemed adequate, the City Engineer shall prepare a report to the City Council recommending the release of the guaranty in whole or in part as the case may be. If deemed inadequate, the City Engineer shall prepare a punch list of improvements that require remediation/completion and provide the punch list to the Developer.

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

A.

Purpose. The Development Agreement provides a mechanism to require the completion of Public Improvements; to promote the health, safety, and general welfare of the residents of the Watford City and its Extraterritorial Area; to minimize uncertainty in planning for and securing the orderly Development of property; to provide for the efficient utilization of City resources in a way that provides the highest economic benefit and least fiscal burden to residents; and to reasonably mitigate any adverse impacts that Development may create.

B.

Requirements. The Developer may be required to enter into a Development Agreement with Watford City to ensure the completion of Public Improvements in accordance with the requirements of this section. The Development Agreement may require the Developer to construct and maintain improvements at the Developer's expense, specify a phasing plan for the completion of improvements, and issue financial guaranties to ensure completion of the improvements, as specified by Subsection 8-5(D). In addition, the Development Agreement may require financial assurance for the restoration or reclamation of the site following the cessation of Use and provide for any restrictions, Covenants, or other conditions, as necessary.

C.

Approval. Approval of the Development Agreement shall be by the City Council. A Development Agreement required for a Major Subdivision Final Plat shall be brought before the City Council in conjunction with the Final Plat.

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

A.

Purpose. The administrative review process is designed to expedite review and decisions for proposed Uses and activities that have minimal impacts or temporary duration as listed in Table 5-1 (Use Table). Uses subject to administrative approval shall not be reviewed by the Planning Commission or City Council and are not subject to the public hearing requirements of this Article

B.

Application Submittal. All applications for Administrative Uses shall be submitted on the form available online. City Officials may request a Site Plan, Access Plan, or other materials at their discretion to review the proposed Use for conformity with the requirements of this Ordinance. The application shall not be processed until payment of the application fee in the amount determined by resolution of the City Council. If the application is incomplete, the Zoning Administrator will advise the applicant to correct deficiencies or provide the missing information. No application fees shall be refunded. Applications that were not processed due to insufficiencies shall only be available for resubmission without additional application fees during the fiscal year in which the application was initially submitted.

C.

Review and Approval. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny a permitting request for any Administrative Use identified in Table 5-1 (Use Table). Applications may be reviewed by other departments as necessary. Once all requested items have been submitted, the Zoning Administrator shall have 30 days to approve or deny the request. All decisions shall be communicated in writing, with reasons stated for any denial.

D.

Appeal. Any Person aggrieved by Zoning Administrator's decision to approve or deny an Administrative Use may appeal to the Board of Appeals within seven days from the date on which the decision was communicated to the applicant, pursuant to the procedures set forth in Section 9-11 (Appeals).

E.

Violations and Enforcement. City Officials shall have the authority to revoke or suspend a permit for any Administrative Use that violates the terms of the permit or any regulation of Watford City, and to order immediate abatement of activity that presents a health or safety concern. Each violation shall be punishable by fines as set by Ordinance. Successive violations may be cause for permanent revocation of the permit.

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

A.

Public Hearing Requirements. A minimum of one public hearing shall be conducted by the Planning Commission to act upon any request for a Minor Subdivision Plat, Major Subdivision Preliminary Plat, Major Subdivision Final Plat, Conditional Use Permit, Variance, Zoning Map Amendment, Land Development Ordinance Text Amendment, or Appeal. The Planning Commission may conduct a second hearing if the Planning Commission requires further information, provided the hearing occurs within the statutory timeline for the Planning Commission's action, or provided the applicant agrees to an extension of such timeline.

B.

Public Notice Requirements.

1.

Notice shall be provided for public hearings in accordance with North Dakota Century Code. Notices shall include the following:

a.

The time and place of the meeting;

b.

A description of the property involved in any requested Minor Subdivision Plat, Major Subdivision Preliminary Plat, Major Subdivision Final Plat, Conditional Use Permit, Variance, Zoning Map Amendment, Land Development Ordinance Text Amendment, or Appeal or similar procedure, by Street address if the property has been addressed, or by legal description or map;

c.

A description of the nature and purpose of the proposal;

d.

A statement of the times at which it will be available to the public for inspection and copying at the office of the City Auditor; and

e.

For any Land Development Ordinance Text Amendment, a reference to the section(s) of the Ordinance being addressed.

2.

Notice shall be published once per week for two weeks in Watford City's official newspaper at least 10 days prior to the first scheduled public hearing for an item. The cost of newspaper publishing for the item shall be borne by the applicant. Notice shall also be provided on the City's website at no cost to the applicant.

3.

If the meeting is conducted electronically, the notice shall include the meeting link and any other information necessary to allow the public to join or view the electronic meeting.

4.

If an item requires further review at a subsequent hearing, the City is not required to publish additional notice, provided that the time and place of the follow-up meeting are announced at the first scheduled meeting.

C.

Written Notice to Property Owners.

1.

City Officials shall provide written notice by mail to property owners using the City's addresses on record, as follows:

a.

If the subject property is within the City of Watford City, written notice shall be provided to all property owners within 150 feet of the subject property, exclusive of roadway Right-of-Way.

b.

If the subject property is within Watford City's ETA, written notice shall be provided to all property owners within 300 feet of the subject property, exclusive of roadway Right-of-Way.

2.

Written notices shall be postmarked at least five days prior the first scheduled public hearing. Failure to receive the notice shall not invalidate the proceedings.

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

A.

Pre-application Meeting. Prior to applying for a Conditional Use Permit, the applicant is encouraged to meet with City Officials to discuss the proposed Development. This meeting provides a screening process to identify and resolve potential issues before the application is submitted.

B.

Application Submittal. Applications for Conditional Use Permits shall be submitted on the Planning Department-provided form. Application submittals shall include a description of the proposed Use and any measures the applicant proposes to mitigate potentially harmful effects. The application may require a Site Development Plan, as described in Section 7-3 (Site Development Plans), and may be subject to additional Use-specific regulations, as set forth in Article 6 (Use-Specific Regulations). The application shall not be processed until payment of the application fee in the amount as determined by resolution of the City Council. If the application is incomplete, City Officials will advise the applicant to correct deficiencies or provide the missing information. No application fees shall be refunded. Applications that were not processed due to insufficiencies shall only be available for resubmission without additional application fees during the fiscal year in which the application was initially submitted.

C.

Application Review. City Officials shall prepare a staff report based on the criteria of this section with preliminary recommendations for the Planning Commission.

D.

Planning Commission Public Hearing. The Planning Commission shall consider the application for Conditional Use Permit at a public hearing, to be conducted at its next available meeting, provided sufficient notice of the hearing has been given, as required by Section 9-6 (Public Hearing and Public Notice Requirements). At the public hearing, all interested parties shall have the opportunity to be heard. After the public hearing is closed, the Planning Commission shall make a recommendation to approve the Conditional Use with any conditions to meet the criteria of this section or to disapprove the application. The Planning Commission's decision, findings of fact, and recommended conditions shall be documented upon the official records of the body. If the Planning Commission does not act within 60 days, the item shall be considered as "recommended for approval" and shall be forwarded to the City Council for approval or denial.

E.

Conditions. The Planning Commission may recommend conditions for attachment to the Conditional Use Permit. Such conditions may regulate the time, manner, or location of activities, or other aspects of the Use. Additionally, if the proposed Use is subject to Use-specific regulations as set forth in Article 6 (Use-Specific Regulations), the Use shall comply with all such regulations. The Conditional Use Permit may be issued for a specified time, with automatic termination at the end of that time unless the permit is renewed. Periodic review may be required to ensure continued compliance with all requirements herein and with any conditions attached to the Conditional Use Permit. Periodic review may also occur at the discretion of City Officials during the term of the Conditional Use Permit.

Conditional Uses in Legacy Districts will require a review of the Lot's current Zone. Re-districting may be required as part of the approval process or at a later date for the granting or continuation of the Conditional Use Permit.

F.

City Council Action. Upon receipt of the Planning Commission's recommendations, the City Council shall consider the request for Conditional Use Permit at its next meeting. At that meeting, the City Council shall act to approve or disapprove the Conditional Use Permit. When a quorum is present, a simple majority vote is sufficient for the decision. The decision and findings of the City Council shall be documented in the official records of the body.

G.

Requirements. In reviewing applications for Conditional Use Permits, the Planning Commission and City Council shall consider whether the proposed Use and conditions satisfy the following minimum requirements:

1.

The Conditional Use will not be detrimental to or endanger the public health, safety, or general welfare;

2.

The Conditional Use will not impede the normal and orderly Development of the surrounding properties for Uses allowed in the District; and

3.

The Conditional Use conforms to all requirements of the District in which it is located and to any specific Use regulations as provided in Article 6 (Use-Specific Regulations).

H.

Revocation. City Council shall have the authority to revoke previously approved Conditional Use Permits. Such revocation requires a staff report from City Officials, a public hearing by the Planning Commission including a recommendation to City Council to approve or deny the revocation, and a simple majority vote by City Council on that recommendation.

I.

Continuation. If, by its terms, a Conditional Use Permit automatically expires, the CUP holder may apply for a continuation. In order to be eligible for a continuation, the application for continuation of the Conditional Use Permit must be received no fewer than 90 days prior to the expiration of the CUP. A Conditional Use Permit continuation application will not be considered by City Officials until a complete application is submitted, along with the application fee, as determined by the fee schedule approved by resolution of the City Council.

J.

Appeal. Any Person aggrieved by a final decision of the City Council regarding a Conditional Use Permit or a Conditional Use Permit application may appeal the decision to the Board of Appeals within seven days, pursuant to the procedures set forth in Section 9-11 (Appeals).

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

A.

Relief from Standards. City Council is authorized to grant Variances from the following standards contained in this Chapter:

1.

Minimum Lot Line Setbacks;

2.

Maximum Building height; and

3.

Development standards as set forth in Article 7 (Development Standards) for only parking and loading standards, fencing standards, and lighting standards.

4.

No Variances shall be considered or granted for Lots located within a Legacy District until such time as the Lot is appropriately rezoned.

B.

Pre-Application Meeting. Prior to applying for a Variance, the applicant is encouraged to meet with the Planning Department to discuss the Variance request. This meeting provides a screening process to identify and resolve potential issues before the application is submitted.

C.

Application Submittal. All applications for Variance shall be submitted on the form available online. The application shall describe the regulations from which relief is sought and the unique or undue hardship created by the circumstances. The application shall not be processed until payment of the application fee in the amount as determined by resolution of the City Council. If the application is incomplete, the application will be returned to the applicant along with an explanation of the application's deficiencies or missing information. No application fees shall be refunded. Applications that were not processed due to insufficiencies shall only be available for resubmission without additional application fees during the fiscal year in which the application was initially submitted.

D.

Application Review. The Planning Department shall prepare a staff report based on the criteria of this Section with recommendations for the Planning Commission.

E.

Planning Commission Public Hearing. The Planning Commission shall consider the application for Variance at a public hearing, to be conducted at its next meeting, provided sufficient notice of the hearing has been given, as required by Section 9-6 (Public Hearing and Public Notice Requirements). At the public hearing, all interested parties shall have the opportunity to be heard. After the public hearing is closed, the Planning Commission shall make a recommendation to City Council to approve, conditionally approve, or disapprove the Variance, using the criteria of this Section as the basis for decision. The Planning Commission's recommendation and any conditions shall be documented upon the official records of the body.

F.

Requirements.

1.

Upon receipt of the recommendations from the Planning Commission on any proposed variance, or in the event of the failure of the Planning Commission to so report after 60 days from the date of the public hearing before the Planning Commission, the City Council may either grant or deny the proposed Variance. The City Council may require further public hearings on the proposed Variance to gather additional information upon the proposed Variance.

2.

A Variance shall not be approved unless the City Council finds that strict adherence to the regulations of this Chapter creates a hardship or practical difficulty due to circumstances unique to the Lot not created by the landowner. A solely economic or financial hardship will not be considered Variance justification for purposes of this Ordinance. The applicant must show that the Lot was acquired in good faith and that, by reason of exceptional narrowness, shallowness, or shape of the Lot, by reason of exceptional topographical conditions, or by impacts resulting from neighboring Structures, the property cannot be reasonably used in a manner similar to that of other Lots in the District unless a Variance is granted. Under no circumstances shall a Variance be granted allowing a Use within a District not permissible under the terms of this Ordinance.

3.

In addition, the City Council must satisfy itself, from the evidence heard before it, that the following conditions are met:

a.

The Variance will not be detrimental to or endanger the public health, safety, or general welfare;

b.

The Variance will not substantially impair or diminish existing Uses in the neighborhood;

c.

The Variance will not impede the normal and orderly Development of the surrounding property for Uses allowed in the District; and

d.

The extent of the Variance shall be only the minimum necessary to relieve the landowner from the hardship.

G.

Appeal. Any Person aggrieved by a final decision of the City Council regarding a Variance application may appeal the decision to the Board of Appeals within seven days, pursuant to the procedures set forth in Section 9-11 (Appeals).

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

A.

Initiation. The City Council may from time to time amend the District boundaries on the Zoning Map. A proposal for Zoning Map Amendment (i.e., zone change) may be initiated by the City Council, by the Planning Commission, or upon application of the owner of the property affected.

B.

Pre-application Meeting. Prior to applying for a Zoning Map Amendment, the applicant is encouraged to meet with City Officials to discuss the request. This meeting provides a screening process to identify and resolve potential issues before the application is submitted.

C.

Application Submittal. All non-City-initiated applications for Zoning Map Amendments shall be submitted on the application form available online. The application shall not be processed until payment of the required fee in the amount determined by resolution of the City Council. There shall be no fee charged for Zoning Map Amendments proposed by the Planning Commission or the City Council. If the application is incomplete, the application will be returned to the applicant along with an explanation of the application's deficiencies or missing information. No application fees shall be refunded. Applications that were not processed due to insufficiencies shall only be available for resubmission without additional application fees during the fiscal year in which the application was initially submitted.

D.

Application Review. City Officials shall prepare a staff report based on the criteria of this Section with preliminary recommendations for the Planning Commission.

E.

Planning Commission Public Hearing.

1.

The Planning Commission shall consider the application for Zoning Map Amendment at a public hearing, to be conducted at its next meeting, provided sufficient notice of the hearing has been given, as required by Section 9-6 (Public Hearing and Public Notice Requirements). At the public hearing, all interested parties shall have the opportunity to be heard. After the public hearing is closed, the Planning Commission shall make a recommendation to approve or deny the Zoning Map Amendment. If the Planning Commission would otherwise deny the applicant's requested Zoning Map Amendment, the Planning Commission may recommend an approval of a different, less intense Zoning District than applied for initially with the consent of the applicant.

2.

The Planning Commission's recommendation and findings of fact shall be documented upon the official records of the body. If the Planning Commission does not act within 60 days, unless the applicant agrees to an extension in writing, the item shall be considered as "recommended for approval" and shall be forwarded to the City Council for approval or denial.

F.

City Council Action. Upon receipt of the recommendations from the Planning Commission on the Zoning Map Amendment, the City Council shall consider the Zoning Map Amendment at its next scheduled meeting. At the meeting, the City Council shall act to approve or deny the proposed Zoning Map Amendment. When a quorum is present, a simple majority vote is sufficient for the decision, unless a protest is filed per the requirements of Subsection 9-9(J). The decision and findings of the City Council shall be documented in the official records of the body.

G.

Requirements. In reviewing any application for Zoning Map Amendment, the Planning Commission and City Council shall consider the following criteria, as applicable:

1.

The requested Zoning Map Amendment is justified by a change in conditions that occurred since the previous District was established, an error in the Official Zoning Map, or by a need to resolve a discrepancy between the Official Zoning Map and the Future Land Use Map contained within the Comprehensive Plan.

2.

The requested Zoning Map Amendment is consistent with the Future Land Use Map and its amendments.

3.

The proposed District is compatible with surrounding Districts, and/or adequate buffers exist.

H.

Zoning Consistency with Future Land Use Map. The Future Land Use Map is a guide for zoning. Zoning Map Amendments should be generally consistent with the Future Land Use Map. In some cases, the Future Land Use Map may need to be amended to support a request for Zoning Map Amendment. In such cases, the Planning Commission and City Council should consider whether the proposed amendment to the Future Land Use Map would be consistent with the general intent of the Comprehensive Plan. An amendment to the Future Land Use Map may be considered during the public hearing for the associated Zoning Map Amendment.

I.

Appeal. Any Person aggrieved by a decision of the City Council on a proposed Zoning Map Amendment may appeal the decision to the Board of Appeals within seven days pursuant to the procedures set forth in Section 9-11 (Appeals).

J.

Protest. If 20 percent or more of the landowners notified of the proposed Zoning Map Amendment sign a written protest, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council, provided said written protest is filed with the City Auditor within seven days from the recommendation of the Planning Commission.

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

A.

Initiation. The text of this Ordinance may be amended from time to time by the City Council to implement the Comprehensive Plan, respond to general community needs or desires, adjust to changing conditions, comply with state or federal law, or for other reasons promoting the health, safety, and welfare of the residents. A proposal for an Ordinance Text Amendment may be initiated by the City Council, by the Planning Commission, or by the Planning Department.

B.

Planning Commission Public Hearing. The Planning Commission shall consider the Ordinance Text Amendment at a public hearing, to be conducted at its next scheduled meeting, provided sufficient notice of the hearing has been given, as required by Section 9-6 (Public Hearing and Public Notice Requirements). At the public hearing, all parties in interest shall have the opportunity to be heard. After the public hearing is closed, the Planning Commission shall make a recommendation to approve or disapprove the Ordinance Text Amendment. The Planning Commission's recommendation and findings of fact shall be documented upon the official records of the body.

C.

City Council Action. Upon receipt of the recommendations from the Planning Commission on any proposed Ordinance Text Amendment, the City Council shall consider the item at its next scheduled meeting. At the meeting, the City Council shall make motion to approve or deny the Ordinance Text Amendment, or to postpone the decision to allow for further review. The City Council's decision shall be documented on the official records of the body.

D.

Requirements. In considering any Ordinance Text Amendment, the Planning Commission and City Council shall consider the following criteria:

1.

The Ordinance Text Amendment will not adversely affect the public health, safety, or welfare;

2.

The Ordinance Text Amendment is supported by a strategy, recommendation, or other concepts from the Comprehensive Plan; and

3.

The Ordinance Text Amendment is necessary to improve the Ordinance by introducing best practices or making the Ordinance easier to use or interpret.

E.

Appeal. There shall be no formal appeals process for an Ordinance Text Amendment. Anyone aggrieved by an Ordinance Text Amendment may follow the Referendum and Initiative Process detailed in Article IV of the City's Home Rule Charter.

F.

Notice of Ordinance Text Amendment Adoption. Within 30 days after the City Council approves an Ordinance Text Amendment, a notice of the approved amendment shall be published in accordance with Section 40-47-04.2 of the North Dakota Century Code.

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

A.

Purpose. The appeals process provides recourse for Persons aggrieved by the final decision of a City Official, the Zoning Administrator, or the City Council regarding the specific application described in this Chapter.

B.

Appeal Submittal. All petitions for appeal shall be submitted in writing to the City Auditor and shall specify in detail the grounds for the objection. The submittal shall include a filing fee, as determined by resolution of the City Council, and the petition for appeal shall be on file for inspection at the office of the City Auditor during normal business hours. Promptly upon the filing of the petition for appeal and receipt of the required filing fee, the City Auditor shall present the petition for appeal to the Board of Appeals, which may consider the petition for appeal or refer the petition for appeal to the Planning Commission for further deliberation. Petitions for appeal may only appeal the specific items that were previously objected to at a public hearing by the petitioner, whether in person or in writing.

C.

Planning Commission Public Hearing. Upon receipt of a petition for appeal referred to the Planning Commission for its recommendation, the Planning Commission shall fix a reasonable time for a public hearing on the appeal. Notice of the public hearing shall be published as required by Section 9-6 (Public Hearing and Public Notice Requirements). After the public hearing, the Planning Commission shall make its recommendation to the Board of Appeals; however, its decision may be deferred for up to 30 days to gather further evidence. If the Planning Commission does not provide a recommendation within 30 days of the public hearing, the petition for appeal shall be forwarded to the Board of Appeals for final action.

D.

Board of Appeals Action. The Board of Appeals shall fix a reasonable time for the hearing of a petition for appeal, with public notice provided as required by Section 9-6 (Public Hearing and Public Notice Requirements). After the public hearing is closed, the Board of Appeals shall take final action to uphold, overturn, or refer back to the Planning Commission the petition for appeal. The decision by the Board of Appeals shall be communicated in writing to the appellant and transmitted to the Planning Department if further action is required.

E.

Appeal to District Court. If the appellant or the governing agency is dissatisfied with any final order or determination of the Board of Appeals, they may appeal such order or determination to the District Court of McKenzie County, North Dakota.

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

A.

Fines. The owner or agent of a Building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist; or the lessee or tenant of an entire Building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, Building contractor or any other person who commits, takes part, or assists in any violation or who maintains any Building or premises in or upon which a violation has been committed or shall exist, shall be guilty of an infraction. Each day that such violation continues shall constitute a separate offense subject to fines.

B.

Other Remedies. In case any Building or Structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any Building, Structure, or land is used, in violation of this Ordinance, the appropriate authorities of said area, in addition to other remedies, may institute a restraining order, injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or Use, or to correct or abate such violation, or to prevent the occupancy of said Building, Structure, or land.

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