Page 1 Ward County Zoning Ordinance Chapter 1 RESOLUTION ESTABLISHING ZONING DISTRICT #1 WHEREAS, the Board of County Commissioners by resolution, dated March 17, 1955, did establish the Ward County Zoning Commission, and WHEREAS, for the purpose of promoting the Health, Safety, Morals, Public Convenience, General Prosperity and Public Welfare of the County; and WHEREAS, the United States Air Force has indicated its intention to establish an Airbase in Ward County and in order to permit the orderly development of the County in and around said Airbase, so as to prevent large congestions of population and as to. prevent undesirable buildings, structures, businesses or the conduct of undesirable activities around said Airbase and in order to meet the requirements as set forth by the United States Air Force regarding heights of buildings and types of obstructions which would interfere with the operations of said Airbase. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Ward County that there be established Ward County Zoning District #1 which shall include the following described lands: All of Waterford Township, (Township 157 N., Rge. 82 W); The West half (W 1/2) of Tatman Twp., (Twp. 157 N, Rge. 82 W); Section 4,5,6,7,8,9,10,11,13,14,15,16,23, and 24 in McKinley Twp. (Twp. 156 N.; Range 82 W.); Section 1, St. Mary's Twp., (Twp. 157 N., Rge. 84 W.) BE IT FURTHER RESOLVED that in said Zoning District #1 there shall be established the following regulations: I LAND USAGE AND PLAT APPROVAL - There shall be no subdivision or sub-divisions or outlots in said Zoning District #1 except those incident to farming and except that property containing a habitable residential structure, such structure having been completed and existing for a least five years prior to the date of application, may be separated by plat from adjacent property. There shall be no usage of land or buildings for other than farming or single-family residential purposes other than as exists as of January 01, 1990. Final plats of outlots and subdivisions of land located within the boundaries of the district(s) covered by this Resolution shall be approved by the Board of Ward County Commissioners in accordance with the procedures described in North Dakota Century Code Section 11-33.2-12 and/or as it may be amended. The Ward County Planning Commission is hereby empowered to investigate and to conduct public hearings into the public use and interest proposed ·to be served by the proposed plat and to consider the public health, safety and welfare elements of NDCC 11-33.2-12 paragraph 3 and, if relevant, Page 2 the potential effect on the value of adjoining property in making a recommendation for approval or disapproval to the Board of Ward County Commissioners. No outlot or subdivision plat of land included within the boundaries of the zoning district (s) covered by this Resolution shall be recorded in the office of the Ward County Register of Deeds until approved by the Board of Ward County Commissioners. II STRUCTURAL OCCUPANCY There shall be no buildings, structures, or other edifice erected in said Zoning District #1 which could be used for mass meetings such as Clubs, Churches, Dance Halls, Schools, Night Clubs, Restaurants, Recreational Centers, Bowling Alleys or Roller Skating Rinks or any Hotels, Motels, Apartment Houses, Trailer Courts, or other housing not incident to farming; or any other buildings or structures where human lives may be jeopardized by operation of the said Air Field except that residential structures, existing and habitable on the date of application for a building permit, may be replaced in their entirety provided the existing structure is demolished or removed from the property within 90 days of occupancy of the replacement dwelling, and further, that construction of garages, sheds, stables and other non-residential and non-commercial buildings of less than 1, 000 square feet may be constructed on property containing a habitable residential structure. Additions may be made to existing and habitable residential structures and they may also be replaced if demolished or destroyed by weather or fire or other cause. III. TYPES OF STRUCTURES - All structures or buildings other than those prohibited by Section II shall conform to the requirements of the State Building Code as identified in Section 54- 21.3-03 of the North Dakota Century Code and amendments thereto; said Building Code with amendments thereto, being incorporated by reference as a part of this resolution. IV. PERMITS - As a prerequisite to construction, erection, reconstruction, alteration, repair or enlargement of any building or structure in said Zoning District No. 1 there shall be secured from the Board of County Commissioners a permit, which will be known as a building permit. A fee shall be collected for the issuance of said building permit in the amount to be determined by the County Commissioners, which fee shall be credited to the general fund of the County. V. LIMITATION - The foregoing requirements in their entirety shall not apply to any farm buildings. VI. FEES - There shall be fees payable to the County for applications for plat approval, building permits and other services provided by the County in administering this resolution. Such fees shall be established by the Board of Ward County Commissioners and may be amended from time to time as deemed necessary. VII DEFINITIONS - For the purposes of interpreting and administering this zoning resolution, the following definitions shall apply: FARM: Is a zoned area of Ward County containing at least forty (40) acres, which is used for the growing of the usual farm products such as vegetables, fruit trees, and grain, and their storage on the area, as well as for raising thereon the usual farm poultry and farm animals, such as horses, Page 3 cattle, sheep, and swine. The term farming includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include the commercial feeding of garbage or offal to swine or other animals. HABITABLE: Shall mean the condition of a building constructed or altered by intent to provide for the living quarters of people and which shall have fully functioning plumbing, electrical wiring, and sewage facilities; which shall have an operational heating plant i which shall be secure from inclement weather, and which in all ways provides a safe and usable living environment. A dwelling or building which is deficient of any of the aforementioned conditions shall be deemed uninhabitable. STATE OF NORTH DAKOTA ) ) SS COUNTY OF WARD ) I, Dave Senger, the County Auditor of Ward County, North Dakota, do hereby certify that the foregoing is a true, correct and complete copy of a resolution adopted by the Board of County Commissioners of said County at its regular meeting held on the 9th day of June, 1955 and which resolution is part of the minutes of said Board and as amended on the 27th day of July 1977, 24th day of August 1977, 26th day of September 1984, 21st day of December 1989, and the 1st day of June 1993, and the 5th day of August 2003. Witness my hand and the official seal of said County this 8th day of August , 2003. Auditor, Ward County, North Dakota (SEAL) Page 4 Chapter 2 RESOLUTION ESTABLISHING ZONING DISTRICT NO. 2 WHEREAS, the Board of County Commissioners by resolution, dated March 17, 1955, did establish the Ward County Zoning Commission, and WHEREAS, for the purpose of promoting the Health, Safety, Morals, Public Convenience, General Prosperity, and Public Welfare of the County; and WHEREAS, the United States Air Force has indicated its intention to establish an Air Base in Ward County and in order to permit the orderly development of the County in and around said Air Base, so as to prevent large congestions of population and as to prevent undesirable buildings, structures, businesses, or the conduct of undesirable activities around said Air Base, and in order to meet the requirements as set forth by the United States Air Force regarding heights of buildings and types of obstructions which would interfere with the operations of said Air Base, NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Ward County that there be established Ward County Zoning District No. 2, which shall include all the following described lands: Kirkelie Township (T156N, R84W): Sections 1, 2, 3, 12, 17, 20,21, 22, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36 of McKinley Township (T156N, R82W); St. Mary's Township (T157N R84W) except section 1; the East half (E 1/2) of Tatman Township (T157N,R82W); Vang Township (T153N, R85W), and Hilton Township (T152N, R84W). Township 151-81 (Greely Township) Township153-82(Willis Township) Township 151-82 (Iota Flat Township) Township153-84(Torning Township) Township 151-83 (Rushville Township) Township 153-86 (Linton Township) Township 151-84 (Spring Lake Township) Township 153-87 (Lund Township) Township 151-85 (Cameron Township) Township 154-81 (New Prairie Township Township 151-86 (Ryder Township) Township 154-84 (Burt Township) Township 151-87 (Hiddenwood Township) Township 154-85 (Rolling Green Township) Township 152-81 (Brillian Township) Township 154-86 (Tolgen Township) Township 152-82 (Newman Township) Township 154-87 (Shealy Township) Township 152-83 (Gasman Township) Township 155-81