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

Max’s own rules

• Building permitRequired

  Building, structural alteration or moving of structures on land within Max city's zoning limits

  • No permit required for maintenance that does not structurally alter the building
  • Permit expires if construction and completion are not done within one year of issuance
  • Permit must conform to the zoning ordinance

  “no land within the zoning limits shall be built upon and no structure or building shall be structurally altered or moved until a permit has been obtained from the zoning administrator.”

• InspectionsRequired

  Work in Max city requiring a building permit

  • Inspection is by the zoning administrator on completion of permitted work (certificate of compliance)

  “upon completion of any work requiring a building permit, the zoning administrator conducts an onsite inspection of the work specified on the building permit.”

• Certificate of occupancyRequired

  Occupying or changing use of land or buildings erected, altered or extended in Max city

  • Applied for together with the building permit application
  • Issued within 45 days after the erection or alteration is approved
  • Temporary certificate of occupancy up to 30 days for part of a building

  issuance deadline: <= 45 days · temporary certificate: <= 30 days (part of a building only)

  “no land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the zoning committee”

• Local zoningPresent

  Land inside the city limits of Max city (McLean County), ND

  • Adopted under NDCC chapter 40-47; ordinance footer reads 'as of 06/2022' (a revision stamp, not an effective date)
  • City may extend zoning to extraterritorial area within one mile under NDCC 40-47-01.1

  “this ordinance is adopted under the authority of chapter 40-47 of the north dakota century code.”

• Zoning districtsPublished

  Max city zoning districts: AG, R-1, R-3, MH, C, industrial, NB

  • District map is on file in the city auditor's office; annexed land defaults to the residential district

  “the city is hereby divided into use districts and area districts as shown on the district zoning map”

• Minimum lot sizeSpecified

  R-1 single-family residential district, Max city

  • R-3 multi-family district: 3000 square feet per family, width 75 feet

  minimum lot width: >= 75 feet · minimum lot area: >= 11250 square feet

  “width =75 feet area- 11,250 square feet minimum setbacks”

  One more reviewed finding on this topic

  • Specified — AG agricultural district, Max city, non-farm residences

    “50 feet from any public right-of-way or property line corner lots must adhere to clear sight triangle setback lot size i. minimum two (2) acre for non-farm residences”

• SetbacksSpecified

  R-1 single-family residential district, Max city

  • Corner lots must adhere to the clear sight triangle setback
  • Rear yard excludes a 10 foot alley easement

  front yard: >= 30 feet · rear yard: >= 25 feet (exclusive of 10 foot alley easement) · side yard: >= 10 feet

  “minimum setbacks i) frontyard - depth of 30 feet ii) rearyard - depth of 25 feet, exclusive of a 10 foot alley easement iii) side yard -width of 10 feet”

  One more reviewed finding on this topic

  • Specified — AG agricultural district, Max city

    “50 feet from any public right-of-way or property line corner lots must adhere to clear sight triangle setback lot size i. minimum two (2) acre for non-farm residences”

• Lot coverageSpecified

  R-1 single-family residential district, Max city

  • R-3 allows 50 percent on inside and corner lots

  max coverage inside lot: <= 30 percent · max coverage corner lot: <= 35 percent

  “the principal building and all accessories shall not cover more than 30 percent of an inside lot, nor more than 35 percent of a corner lot”

• Building heightSpecified

  R-1 single-family residential district, Max city (R-3 also 40 feet or 3 stories)

  • Section 6.1201 exempts antennas, chimneys, flag poles, water tanks and similar appurtenances from height limits

  max building height: <= 40 feet or 3 stories (appurtenances exempt under 6.1201)

  “no building shall exceed 40 feet or 3 stories in height”

• Living in an RVLimited

  Campers/RVs in the R-1 single-family residential district of Max city (same wording in R-3)

  • Camper parks are only a conditional use in the MH mobile home district, with state laboratories/health department approvals
  • Zoning definition of dwelling excludes mobile recreational vehicles

  max consecutive occupancy: <= 15 days

  “camper regulations i) no vehicle of this type may be actively occupied for more than 15 consecutive days.”

• Manufactured homesLimited

  Manufactured homes in the R-1 single-family district of Max city (same wording in R-3)

  • Manufactured home parks are a conditional use in R-1 and R-3
  • Mobile home district (MH) allows mobile homes as permitted use, parks min. 5 contiguous acres, max 7 homes per gross acre
  • Must comply with federal, state and insurance regulations

  “no single wide manufactured home is allowed outside of a mobile home park iii) pre-owned homes must be inspected before moving into city limits. iv) double wide manufactured home must be placed on concrete footings.”

• Permit feesPublished

  Building permits issued by Max city zoning administrator

  • $25 fee for zoning amendment or other activity requiring a public hearing
  • Moving permit $10 (not required when moving out of zoning limits)
  • If the value of change is over a specific amount, the fee may be higher; repairs require only the application
  • Fee amendments dated June/July 2015

  building permit: 10 USD · deck: 5 USD · demolition permit: 10 USD

  “a) permit required - $10 b) deck - $5.00 c) demolition permit - $10”

• Permit processPublished

  Building permit applications in Max city

  • Council receives and acts on building, demolition and conditional use permits
  • Variances heard by the city council as board of adjustment

  “the building permit process is outlined below: a) allapplicants who wish to build or alter any structure as defined in this ordinance must apply to the zoning administrator for a permit.”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption inside Max city
• Building code adopted — Building code adoption inside Max city
• Minimum dwelling size — Minimum dwelling floor area in Max city
• Camping on your land — Temporary camping inside Max city
• Tiny homes — Tiny homes inside Max city

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.