11-33 County Zoning - North Dakota Statutes

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CHAPTER 11-33COUNTY ZONING11-33-01. County power to regulate property. For the purpose of promoting health,safety, morals, public convenience, general prosperity, and public welfare, the board of county
commissioners of any county may regulate and restrict within the county, subject to section
11-33-20 and chapter 54-21.3, the location and the use of buildings and structures and the use,
condition of use, or occupancy of lands for residence, recreation, and other purposes. The board
of county commissioners and a county zoning commission shall state the grounds upon which
any request for a zoning amendment or variance is approved or disapproved, and written findings
upon which the decision is based must be included within the records of the board or
commission. The board of county commissioners shall establish zoning requirements for solid
waste disposal and incineration facilities before July 1, 1994.The board of countycommissioners may impose tipping or other fees on solid waste management and incineration
facilities. The board of county commissioners may not impose any fee under this section on an
energy conversion facility or coal mining operation that disposes of its waste onsite. The board
of county commissioners may establish institutional controls that address environmental
concerns with the state department of health as provided in section 23-20.3-03.1.11-33-02. Board of county commissioners to designate districts - Uniformity. Forany or all of the purposes designated in section 11-33-01, the board of county commissioners
may divide by resolution all or any parts of the county, subject to sections 11-33-02.1 and
11-33-20, into districts of such number, shape, and area as may be determined necessary, and
likewise may enact suitable regulations to carry out the purposes of this chapter.Theseregulations must be uniform in each district, but the regulations in one district may differ from
those in other districts.11-33-02.1.Farming and ranching regulations - Requirements - Limitations -Definitions.1.For purposes of this section:a."Concentrated feeding operation" means any livestock feeding, handling, or
holding operation, or feed yard, where animals are concentrated in an area that
is not normally used for pasture or for growing crops and in which animal
wastes may accumulate.The term does not include normal winteringoperations for cattle.b."Farming or ranching" means cultivating land for the production of agricultural
crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or
fruit. The term does not include:(1)The production of timber or forest products; or(2)The provision of grain harvesting or other farm services by a processor or
distributor of farm products or supplies in accordance with the terms of a
contract.c."Livestock" includes beef cattle, dairy cattle, sheep, swine, poultry, horses,
bison, elk, fur animals raised for their pelts, and any other animals that are
raised, fed, or produced as a part of farming or ranching activities.d."Location" means the setback distance between a structure, fence, or other
boundary enclosing a concentrated feeding operation, including its animal
waste collection system, and the nearest occupied residence, the nearest
buildings used for nonfarm or nonranch purposes, or the nearest land zoned for
residential, recreational, or commercial purposes. The term does not include
the setback distance for the application of manure or for the application of otherPage No. 1recycled agricultural material under a nutrient management plan approved by
the department of health.2.For purposes of this section, animal units are determined as follows:a.One mature dairy cow, whether milking or dry, equals 1.33 animal units;b.One dairy cow, heifer, or bull, other than an animal described in paragraph 1
equals 1.0 animal unit;c.One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75
animal unit;d.One cow-calf pair equals 1.0 animal unit;e.One swine weighing fifty-five pounds [24.948 kilograms] or more equals 0.4
animal unit;f.One swine weighing less than fifty-five pounds [24.948 kilograms] equals 0.1
animal unit;g.One horse equals 2.0 animal units;h.One sheep or lamb equals 0.1 animal unit;i.One turkey equals 0.0182 animal unit;j.One chicken, other than a laying hen, equals 0.008 animal unit;k.One laying hen equals 0.012 animal unit;l.One duck equals 0.033 animal unit; andm.Any livestock not listed in subdivisions a through l equals 1.0 animal unit per
each one thousand pounds [453.59 kilograms] whether single or combined
animal weight.3.A board of county commissioners may not prohibit or prevent the use of land or
buildings for farming or ranching and may not prohibit or prevent any of the normal
incidents of farming or ranching.4.A board of county commissioners may not preclude the development of a
concentrated feeding operation in the county.5.A board of county commissioners may not prohibit the reasonable diversification or
expansion of a farming or ranching operation.6.A board of county commissioners may adopt regulations that establish different
standards for the location of concentrated feeding operations based on the size of
the operation and the species and type being fed.7.If a regulation would impose a substantial economic burden on a concentrated
feeding operation in existence before the effective date of the regulation, the board
of county commissioners shall declare that the regulation is ineffective with respect
to any concentrated feeding operation in existence before the effective date of the
regulation.8.a.A board of county commissioners may establish high-density agricultural
production districts in which setback distances for concentrated feedingPage No. 2operations and related agricultural operations are less than those in other
districts.b.A board of county commissioners may establish, around areas zoned for
residential, recreational, or nonagricultural commercial uses, low-density
agricultural production districts in which setback distances for concentrated
feeding operations and related agricultural operations are greater than those in
other districts; provided, the low-density agricultural production districts may not
extend more than one and one-half miles [2.40 kilometers] from the edge of the
area zoned for residential, recreational, or nonagricultural commercial uses.c.The setbacks provided for in this subsection may not vary by more than fifty
percent from those established in subdivision a of subsection 7 of section
23-25-11.d.For purposes of this subsection, a "related agricultural operation" means a
facility that produces a product or byproduct used by a concentrated feeding
operation.11-33-03. Object of regulations. These regulations shall be made in accordance with acomprehensive plan and designed for any or all of the following purposes:1.To protect and guide the development of nonurban areas.2.To provide for emergency management."Emergency management" means acomprehensive integrated system at all levels of government and in the private
sector which provides for the development and maintenance of an effective
capability to mitigate, prepare for, respond to, and recover from known and
unforeseen hazards or situations, caused by an act of nature or man, which may
threaten, injure, damage, or destroy lives, property, or our environment.3.To regulate and restrict the erection, construction, reconstruction, alteration, repair,
or use of buildings and structures, the height, number of stories, and size of
buildings and structures, the percentage of lot that may be occupied, the size of
courts, yards, and other open spaces, the density of population, and the location and
use of buildings, structures, and land for trade, industry, residence, or other
purposes.4.To lessen governmental expenditures.5.To conserve and develop natural resources.These regulations shall be made with a reasonable consideration, among other things, to the
character of the district and its peculiar suitability for particular uses. The comprehensive plan
shall be a statement in documented text setting forth explicit goals, objectives, policies, and
standards of the jurisdiction to guide public and private development within its control.11-33-04. County planning commissions authorized - Membership. The board ofcounty commissioners of any county desiring to avail itself of the powers conferred by this
chapter shall establish, by resolution, a county planning commission to recommend the
boundaries of the various county zoning districts and appropriate regulations and restrictions to
be established therein. In counties with three-member boards of county commissioners, the
planning commission consists of seven members, of whom at least one must be appointed from
the governing body of the city that is the county seat, and of whom at most one may be
appointed from the board of county commissioners. In counties with five-member boards of
county commissioners the planning commission consists of nine members, of whom at least two
must be appointed from the governing body of the city that is the county seat, and of whom at
most two may be appointed from the board of county commissioners. The term of an ex officio
member is coterminous with the member's term in the underlying office.The remainingPage No. 3members shall be appointed from the county at large.In counties that elect countycommissioners from districts, at least one at large member of the planning commission must be
appointed from each district.When appointments to said commission are first made, threemembers at large shall be appointed for a two-year term and two members at large for a
four-year term, after which all subsequent appointments for members at large shall be for a
four-year term. Appointments to fill vacancies shall be for the unexpired portion of the term. All
appointments to the county planning commission shall be made by the board of county
commissioners.11-33-05. Meetings - Officers. The commission shall meet within thirty days after itsappointment and elect a chairman and other necessary officers from its membership.Thecommission may adopt rules and bylaws not inconsistent with the provisions of this chapter. A
majority of the members of the commission shall constitute a quorum.Members of thecommission may be compensated for their actual expenses in the same manner as members of
the board of county commissioners. The board of county commissioners may also authorize
payment of a sum not to exceed forty-five dollars per day for time actually spent in transacting
the business of the planning commission, in addition to any salaries members of the planning
commission receive from any other source, from the state or county or any municipality. The
county auditor shall serve as secretary to the commission and shall keep all of the records and
accounts of the commission.11-33-06.Investigations.The county planning commission in conjunction with thetownship boards of the affected areas shall investigate and determine the necessity of
establishing districts and prescribing regulations therefor, as herein provided; and, for that
purpose, shall consult with residents of affected areas, and with federal, state, and other
agencies concerned. State, county, township, and city officials, departments, or agencies are
hereby required to make available, upon request of the county planning commission, such
pertinent information as they may possess, to render technical assistance, and to cooperate in
assembling and compiling pertinent information.11-33-07.County planning commission to prepare plan.After investigation, asherein provided, the county planning commission shall prepare a proposed resolution to be
submitted to the board of county commissioners establishing districts and prescribing regulations
therefor, as herein provided, which shall be filed in the office of the county auditor.11-33-08.Hearings.After the filing of the proposed resolution, the county planningcommission shall hold a public hearing thereon, at which the proposed resolution shall be
submitted for discussion, and parties in interest and citizens shall have an opportunity to be
heard. Notice of the time, place, and purpose of the hearing shall be published once each week
for two consecutive weeks in the official newspaper of the county, and in such other newspapers
published in the county as the county planning commission may deem necessary. Said notice
shall describe the nature, scope, and purpose of the proposed resolution, and shall state the
times at which it will be available to the public for inspection and copying at the office of the
county auditor.11-33-09. Publication of resolutions - Effective date. Following the public hearing, theboard of county commissioners may adopt the proposed resolutions or any amendments thereto,
with such changes as it may deem advisable.Upon adoption of any resolution or anyamendment thereto, the county auditor shall file a certified copy thereof with the recorder.
Immediately after the adoption of any such resolution or any amendment thereto, the county
auditor shall cause notice of the same to be published for two successive weeks in the official
newspaper of the county and in such other newspapers published in the county as the board of
county commissioners may deem necessary. Said notice shall describe the nature, scope, and
purpose of the adopted resolution, and shall state the times at which it will be available to the
public for inspection and copying at the office of the recorder. Proof of such publication shall be
filed in the office of the county auditor. If no petition for a separate hearing is filed pursuant to
section 11-33-10, the resolution or amendment thereto shall take effect upon the expiration of the
time for filing said petition.If a petition for a separate hearing is filed pursuant to section11-33-10, the resolution shall not take effect until the board of county commissioners hasPage No. 4affirmed such resolution or amendment in accordance with the procedures of section 11-33-10.
Any such resolution may, from time to time, be amended or repealed by the board of county
commissioners upon like proceedings as in case of the adoption of a resolution.11-33-10. Separate hearings. Any person aggrieved by any provision of a resolutionadopted hereunder, or any amendment thereto may, within thirty days after the first publication of
such resolution or amendment, petition for a separate hearing thereon before the board of county
commissioners. The petition shall be in writing and shall specify in detail the ground of the
objections. The petition shall be filed with the county auditor. A hearing thereon shall be held by
the board no sooner than seven days, nor later than thirty days after the filing of the petition with
the county auditor, who shall notify the petitioner of the time and place of the hearing. At this
hearing, the board of county commissioners shall consider the matter complained of and shall
notify the petitioner, by registered or certified mail, what action, if any, it proposes to take
thereon. The board of county commissioners, at its next regular meeting, shall either rescind or
affirm such resolution or amendment. The provisions of this section shall not operate to curtail or
exclude the exercise of any other rights or powers of the board of county commissioners or any
citizen.11-33-11. May adjust enforcement. The board of county commissioners is authorizedto adjust the application or enforcement of any provision of a resolution hereunder in any specific
case when a literal enforcement of such provision would result in great practical difficulties,
unnecessary hardship, or injustice, so as to avoid such consequences, provided such action shall
not be contrary to the public interest or the general purposes hereof.11-33-12.Appeals to district court.Any person, or persons, jointly or severally,aggrieved by a decision of the board of county commissioners under this chapter, may appeal to
the district court in the manner provided in section 28-34-01.11-33-13. Not to affect use. The lawful use or occupation of land or premises existingat the time of the adoption of a resolution hereunder may be continued, although such use or
occupation does not conform to the provisions thereof, but if such nonconforming use or
occupancy is discontinued for a period of more than two years, any subsequent use or
occupancy of the land or premises shall be a conforming use or occupancy. If the state acquires
title to any land or premises, all further use or occupancy thereof shall be a conforming use or
occupancy.11-33-14. Nonconforming uses regulated. The board of county commissioners, may,by resolutions, as herein provided, prescribe such reasonable regulations, not contrary to law, as
it deems desirable or necessary to regulate and control nonconforming uses and occupancies.11-33-15. Board of county commissioners to make complete list. Repealed by S.L.1969, ch. 138,