New Business Location

It is always best to confirm with the Community Development Department if a business is located in an existing building and is a different use than the previous business, to confirm if the use is allowed. A business moving into an existing building may also need a “Change of Occupancy” permit. This type of permit is issued when a building is changing it’s use or occupancy, for example, if a building once housed a clothing store but is changing to a restaurant. Different uses may have different requirements under the City of Bismarck zoning ordinances, building, fire, and public health codes. Additionally, different uses may have impacts on the City’s sanitary sewer system. It is important to understand what requirements may need to be addressed, in the beginning stages, of siting a business in an existing building, as there could be significant cost implications to meet code requirements and to ensure the use is even allowed. Although multiple permits may be necessary for a business moving into an existing location, we recommend starting with the Community Development Department (contact them by phone at 701-355-1465 or by email) to guide you through the process. 

Zoning is the division of the city into areas or zoning designations (represented by a zoning map), which specify allowable uses, dimensional standards, and other land use related requirements. The zoning map, of the community, is available to the public online. Type in any address to zoom on the map. Once you find the district (e.g., R5 – Residential), you can look up the provisions for that district in the zoning ordinance. You may see a “Conditional” district or “Planned Unit Development” with special rules that also apply. If so, please contact the Planning Division for a copy of this ordinance by phone at 701-355-1840 or by email. 

Allowable uses within each zoning district are listed at the beginning of the relevant section in Chapter 14-04 District Regulations. Many of the items will refer to a certain “Use Group,” which are further defined in Section 14-03-08. Certain uses may be listed as a “special use,” in which case a hearing with the Planning and Zoning Commission is held and additional requirements may apply. If so, please contact the Planning Division for a copy of this ordinance by phone at 701-355-1840 or by email.

Operating a business out of a home

Businesses operated from a home are referred to in Bismarck’s zoning ordinance as “home occupations”. Requirements for home occupations can be found in 14-03-06(2) in the zoning ordinance, or you may reference a home occupations information guide. To minimize negative impacts on a home occupation with the surrounding residential neighborhood limitations are identified including but not limited to the number of employees, area of the dwelling, noise, and signage. 

The Extraterritorial Area (ETA) outside of city limits is under the jurisdiction of the City of Bismarck for purposes of zoning, subdivision, and building permits. This is a planning tool allowed in North Dakota for cities to facilitate future urban growth and development. This boundary is negotiated with Burleigh County and the relevant townships and may change periodically. The current boundary may be found as the outer boundary of the zoning map. 

For properties within the ETA, all development applications and inquiries should be initiated with the City of Bismarck. You may contact the Planning Division by phone at 701-355-1840 or by email. Outside of the ETA, all development applications and inquiries should be initiated with Burleigh County. You may contact Burleigh County Building/Planning/Zoning by phone at 701-221-3727 or by email.