Zoning in Bismarck - 100 Years

On June 9th, 1924, Bismarck adopted its first zoning ordinance. On June 9th, 2024, Bismarck celebrates 100 years of planning and zoning. The Bismarck Board of City Commissioners created the Planning Commission (later called the Planning and Zoning Commission) to evaluate and organize planning and zoning matters in the City of Bismarck.

The actions of the Bismarck City Commission make Bismarck the oldest planning agency in North Dakota, and one of the oldest in the country. Over the years, the Planning and Zoning Commission has been supported by a multitude of staff, and still remains committed to guiding and serving the City Commission and this community's citizens in the planning of Bismarck and its surrounding areas.

The following are excepts from the early ordinance highlighting allowable and prohibited uses within the early zoning districts.

All new buildings and alterations of existing buildings shall be exclusively constructed, designed and arranged, and all buildings and premises or parts thereof shall be used exclusively for one or more of the following purposes:

• One family dwelling
• Two family dwellings
• Churches
• Educational institutions
• Schools
• Parks and Playgrounds
• Conservatories
• For rent or sale signs, not exceeding 10 square feet in area

On the same lot shall be allowed the usual accessories to these buildings, not involving the conduct of a business including not more than one private garage or stable. The office of a physician, dentist, or other professional person may be located in the dwelling of such a professional person, but no display other than a sign or plate not more than two feet square bearing only the name, occupation, and office hours of such person shall be made in connection therewith.

Except as otherwise provided in this chapter, all new buildings and alterations of existing buildings shall be exclusively constructed, designed and arranged for, and all buildings and premises or parts thereof shall be used exclusively for one or more of the following purposes:

• Any use included in Section 396 as being permitted in the "A" Residential District
• Institutions of an educational, philanthropic or eleemosynary nature
• Hospitals
• Hotels
• Boarding houses and lodging houses
• Clubs or lodges, excepting those the chief activity of which is a service customarily carried on as a business
• Convents
• Dormitories
• Family hotels
• Nurseries, farming, and truck gardening
• Apartment houses

Including the usual accessories to these various buildings located on the same lot, not involving the conduct of a business, and including also a community garage.

No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, nor shall any building be altered or be used for any of the following purposes:

• Slaughtering of animals or fowls
• Acid manufacture
• Asphalt manufacture and refining
• Brick or tile manufacture
• Fat rendering
• Meat smoking or curling
• Illuminating or heating gas manufacture
• Incineration of garbage, offal or dead animals
• Foundry, iron or steel works or blacksmith shop
• Junk yard, including the storage and baling of scrap iron or rags
• Storage or curing or tanning or green, salted hides or skins or leather dressing
• Lime or cement manufacture
• Paint, white lead, oil, turpentine, or varnish manufacture
• Railroad yard or round house
• Rock crushing
• Treatment or manufacture of rubber
• Soap manufacture
• Stock yards, corrals or pens
• Tallow, grease or lard manufacture or refining
• Manufacture of tar roofing or water proofing
• Cigar, tobacco or snuff manufacture
• Vinegar manufacture
• Manufacture of explosives
• Development of or excavation for sand or gravel pit
• Building material, storage yard
• Coal, coke or wood yard
• Dyeing and cleaning works, employing more than three persons
• Feed storage
• Ice storage
• Laundry employing more than five persons
• Livery stables
• Storage warehouse
• Distillation of bones or wood
• Fertilizer manufacture

Provided that no building or premises shall be used an no building shall be erected which is intended or designed to be used, nor shall any building be altered to be used for any purpose which is injurious, obnoxious or offensive by reason of noise, smoke, odor, gas, or dust.

No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, nor shall any building be altered to be used for any of the following purposes:

• Slaughtering of animals or fowls
• Distillation of bones or wood
• Manufacture of explosives
• Cement or lime manufacture
• Fat rendering
• Tallow, grease, or lard manufacture
• Fertilizer manufacture
• Development of or excavation for sand and gravel pit

Any other use which now is, or hereafter may be prohibited within the limits of the city of Bismarck.

The timeline below highlights some important moments leading up to and occurring shortly after the advent of zoning in Bismarck (1872-1936). Additional zoning-related activities are detailed further on.

The first zoning ordinance was established in 1924. A collection of these ordinances was compiled in 1926. Subsequent plans and ordinances were developed later on, and were important tools that shaped Bismarck into the prosperous city we see today.

Further information related to these plans and ordinance compilations called be viewed  here .

In the spring of 2024, the City of Bismarck and Clarion Associates began work to overhaul the current zoning ordinance, Title 14, to create a Land Development Code (LDC). The LDC is a set of regulations that guide how development should occur in the Bismarck community, and is one of the primary tools used to implement  Bismarck Together 2045 , the comprehensive plan for the City of Bismarck.

Check out the progress of the Land Development Code  here .