Zoning Map Amendment

A Zoning Map Amendment (ZC) is a legal change in Bismarck's zoning map, which establishes the geographic boundaries of zoning districts, such as R5 - Residential or CG - Commercial. Zoning districts separate residential, commercial and industrial land development and regulate specific land uses. In each zoning district certain land uses are permitted outright, others require approval of a special use permit, and others are prohibited. In each zoning district there are also rules for the location and the size of buildings, including setbacks, lot coverage, required parking, minimum landscaping requirements, etc.

Zoning Map Amendments may be initiated by property owners upon submittal of a signed application or by the City of Bismarck.

References:

• State Law: NDCC 40-47-04
• City Ordinance: Section 14-07-02
• Comprehensive Plan: S1(d), S1(c), S10(a), G10(b)

Consider before you begin:

• Zoning map amendment requests may accompany plats, plan amendments, annexation requests and other development requests requiring board approval. Combining projects will save time.
• All zoning map amendments include a public hearing with notification to surrounding neighbors. Developers are encouraged to initiate communications with nearby property owners at early stages to assure mutual understanding.
• All zoning map amendments will be reviewed for conformity with Comprehensive Plan, in particular the Future Land Use Plan which shows area of anticipated growth and development.
• A Planned Unit Development (PUD) or a conditional zoning district are customized districts that offer flexibility in exchange for greater disclosure of and commitment to particular designs and standards defined by that ordinance. An applicant may request a standard zoning district or a PUD/conditional district in consultation with City staff.
• The boundaries of zoning districts should always follow existing lot lines or street centerlines.
• City staff will offer a recommendation to the Planning and Zoning Commission in the staff report prior to the public hearing. All complete applications will be submitted to the Commission, whether supported by staff or not.

Process Steps:

• Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying. This is encouraged.

• Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines (pdf).
• Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to.
• Development Review Meeting. The request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
• Planning and Zoning Commission Meeting Consideration. A staff report is released the week prior on the agenda center, which includes a staff recommendation to the Planning and Zoning Commission. The item is placed on the consent agenda of the Planning and Zoning Commission. The commission may call for a public hearing or deny the request. Although this item is typically not discussed during the meeting, the applicant should consider having a representative at the meeting to answer any questions that may be raised by the commission.

• Public Notification. The Planning Division publishes two legal advertisements in the Bismarck Tribune and sends letters to nearby property owners notifying of a public hearing.
• Planning and Zoning Commission Public Hearing. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission considers the request during their regular agenda. Planning staff presents to the Planning and Zoning Commission, including the staff recommendation, and the Chair will open a public hearing. Traditionally, the applicant or a representative is afforded an opportunity to address the Commission first and may respond to any questions from the Commission throughout the hearing. The Planning and Zoning Commission may recommend approval, deny, or continue.

• City Commission Consideration. The request is placed on the consent agenda at the next City Commission meeting with a recommendation to call for a public hearing.
• Public Notification. Notice is sent to the Township Board, Burleigh County, and any petitioners who did not join in the original petition. It is published in the Bismarck Tribune.
• City Commission Public Hearing. A staff report is released the week prior on the agenda center, and the City Commission considers the request during their regular agenda. After hearing from the public, City Commission takes final action on the request. The Community Development Director or a designee will present this item to the Commission. The applicant or a representative may present to the Commission or answer questions from the Commission throughout the hearing. The City Commission may approve, deny, or continue the request.
• Administrative Finalization. City staff prepare the final signed ordinance and update the zoning map to reflect the amendment. The applicant will receive a copy of the final ordinance and an approval letter. The new zoning district takes effect immediately upon publication in the Bismarck Tribune.  Zoning ordinances are not recorded.

Submittal Requirements

• Unified Development application signed by each property owner
• Application fee (See fee schedule (pdf))
• Description or map or area to the rezoned

Apply

Initiate an inquiry, submit a scoping request, or file an application for a zoning map amendment or any combination of project types.

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