Zoning, building permits and septic rules in Davenport, North Dakota

Davenport’s own rules

• Building permitRequired

  Erection, structural addition, or structural alteration of a building or structure inside Davenport city limits.

  • The City Council issues the permit.
  • The construction, addition, alteration, or use must comply with Chapter Six.
  • Application must include two copies of a scaled layout or plot showing lot dimensions, building and accessory-building size and location, and other information necessary to enforce the ordinance.
  • A fee set by City Council resolution is due before the approved plan and permit are returned.

  “No building or structure shall be erected, added to or structurally altered until a permit therefore has been issued by the city council.”

• Building code adoptedAdopted (with conditions)

  Buildings and structures in Davenport city.

  • The City adopts the North Dakota State Building Code and future updates and amendments by reference.
  • The ordinance identifies an exception for local conditions, but lists no completed local exception text.

  “The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, uses, height, area and maintenance of buildings or structures in the City shall meet with the provisions of the rules and regulations of the North Dakota State Building Code and any future updates and amendments to that code, a copy of which is on file with the city auditor. That code is hereby adopted and made a part of this chapter by reference with the exception of the following sections affecting local conditions in the City.”

• Local zoningPresent (with conditions)

  Land inside Davenport city limits.

  • District boundaries are shown on the Zoning Map of the City of Davenport on file with the city auditor.

  “For the purposes of this chapter, the City is hereby divided into use districts and area districts as provided hereafter. The boundaries of these districts are hereby established as shown on a map entitled “The Zoning Map of the City of Davenport” which is on file in the office of the city auditor.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Davenport city limits.

  • District boundaries are established on the Zoning Map of the City of Davenport, on file with the city auditor.

  use districts: R-1 single-family; R-2 two-family; R-3 multi-family; C commercial; I industrial

  “The City is hereby divided into the following Use Districts to be known as: R-1 Residential Districts, Single-Family R-2 Residential Districts, Two-Family R-3 Residential Districts, Multi-Family C Commercial Districts I Industrial Districts”

• Manufactured homesProhibited

  Mobile homes in the one-family residential area regulations inside Davenport city limits.

  • The cited provision also states that the City has no designated zoning for a trailer court.
  • Floodplain standards may separately regulate manufactured homes in special flood-hazard areas.

  “Mobile homes are not allowed. The city does not have a designated zoning for a trailer court.”

• Who permits septicLocal (with conditions)

  Private wastewater-disposal systems inside Davenport city limits where public sewer is unavailable under § 7.0303(4).

  • The superintendent signs the written permit and may inspect construction.
  • The system must comply with North Dakota State Department of Health recommendations and/or regulations.
  • Additional requirements may be imposed by the local health officer.

  “Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent.”

• Septic permitRequired

  Construction of a private wastewater-disposal system inside Davenport city limits where public sewer is unavailable under § 7.0303(4).

  • A written permit signed by the superintendent is required before construction begins.
  • Application is on a City-furnished form and may require plans, specifications, and other information.
  • A permit fee set by resolution and an inspection fee determined by the inspector are due at filing.
  • No permit may issue if the system does not meet North Dakota State Department of Health recommendations and/or regulations.

  “Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the superintendent.”

• Septic inspectionRequired

  Permitted private wastewater-disposal systems inside Davenport city limits.

  • The superintendent may inspect at any construction stage.
  • The applicant must notify the superintendent when ready for final inspection and before underground portions are covered.
  • Inspection must occur within 72 hours after notice is received.
  • Permit does not become effective until installation is completed to the superintendent’s satisfaction.

  final inspection timing: <= 72 hours (After superintendent receives the applicant’s notice.)

  “The superintendent shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the superintendent.”

• Mandatory utility hookupConditional

  Houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes inside Davenport city limits.

  • A public sanitary sewer must be in the abutting street, alley, or right-of-way and within 200 feet (61 meters) of the property line.
  • Connection and toilet facilities are at the owner’s expense.
  • Connection must occur within 14 days after official notice.
  • This source establishes a sewer requirement; no general mandatory public-water connection rule was located.

  public sewer availability distance: <= 200 feet (Measured from property line; equivalent stated as 61 meters.) · connection deadline after official notice: <= 14 days

  “The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer, is hereby required at the owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within 14 days after date of official notice to do so, provided that said public sewer is within 200 feet (61 meters) of the property line according to the North Dakota plumbing code.”

• Permit feesVariable (with conditions)

  Zoning building permits and private wastewater-disposal permits inside Davenport city limits.

  • The building-permit fee is set by City Council resolution.
  • For private wastewater disposal, the permit fee is set by resolution and the inspection fee is determined by the inspector.
  • No dollar schedule was published in the ordinance text opened.

  “One copy of such layout or plot plan shall be returned when approved by the city council together with such permit to the applicant upon the payment of a fee as set by Resolution of the City Council.”

• Permit processPublished (with conditions)

  Zoning building permits inside Davenport city limits.

  • Application requires two copies of a scaled layout or plot showing actual lot dimensions, exact size and location of the building and accessory buildings, and other necessary enforcement information.
  • A certificate-of-occupancy application is required before excavation, erection, alteration, or repair permits issue.

  plot-plan copies: 2 copies

  “There shall be submitted with all applications for building permits two copies of a layout or plot drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this ordinance.”

Rules another office applies inside Davenport

Davenport does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeSpecified

  One-family residential development under § 6.0701 inside Davenport city limits.

  • The lot-area rule applies to a residence building erected, established, or altered in any use district.

  minimum lot area: >= 950 square feet (One-family residence.)

  “In any use district no residence building shall hereafter be erected, established or altered on a lot having a lot area of not less than the square feet required as follows: 1. One-family - not less than 950 sq. ft.”

• SetbacksSpecified

  One-family districts inside Davenport city limits.

  • City easement is stated as 33 feet from the center of the road.
  • Rear yard has a 10-foot City easement from the center of the alley.

  front yard: >= 25 feet (From City easement.) · side yard: >= 10 feet (Each side; corner lots require 25 feet from City easement.) · rear yard: >= 25 feet

  “In one-family districts there shall be: 1. A front yard of not less than 25 feet from the city easement. The city easement is 33ft. from the center of the road. 2. A side yard on each side of not less than 10 feet. A side yard of 25 feet on corner lots from the city easement. The city easement is 33ft. from the center of the road. 3. A rear yard of not less than 25 feet. Each rear yard has a 10ft. city easement from the center of the alley.”

• Building heightSpecified

  One-family residential development under § 6.0701 inside Davenport city limits.

  • Church steeples are excepted.

  maximum building height: <= 35 feet (Church steeples.) · maximum building stories: <= 2 1/2 stories (Church steeples.)

  “No building shall be more than two and one half (2 1/2) stories or thirty five (35) feet high, excepting church steeples.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Davenport or Cass County directly.

• Owner-builder exemption — Owner construction inside Davenport city limits.
• Inspections — General building inspections inside Davenport city limits.
• Minimum dwelling size — Residential dwellings inside Davenport city limits.
• Lot coverage — Land inside Davenport city limits.
• Living in an RV — Residential occupancy of recreational vehicles on private land inside Davenport city limits.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.