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

Lakota’s own rules

• Building permitRequired

  Erecting, adding to or structurally altering any building or structure inside Lakota city

  • Permit issued by the city superintendent (zoning administrator)
  • Application needs two copies of a scaled layout/plot plan
  • Fee set by the city council
  • No permit issued where the work would violate chapter 17 unless the board of adjustment orders otherwise in writing

  “no building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the city superintendent.”

• Local zoningPresent

  Land inside Lakota city limits (and quarter-quarter sections of unincorporated territory within 1 mile, per 17.0302)

  • Zoning map is on file in the city auditor's office
  • Planning commission (city council and mayor) serves as zoning commission
  • Ordinance extends to unincorporated quarter-quarter sections mostly within 1 mile of city limits

  “the planning commission shall also serve as the zoning commission of the city to hold hearings, make reports and recommendations as to the boundaries of the various original districts”

• Zoning districtsPublished

  Lakota city zoning districts

  • Districts: residential, commercial, industrial, public, agricultural
  • Zoning map is on file at the city auditor's office; map itself not seen online

  “r residential districts c commercial districts i industrial districts p public district a agricultural district”

• Minimum dwelling sizeSpecified

  Any new dwelling placed or constructed in Lakota city (all districts)

  • Living area is enclosed area excluding garage and unfinished portions
  • Must be on permanent foundation with footings at least 36 inches below grade
  • Criteria must be met before a permit is issued

  minimum living area: >= 720 square feet

  “the structure built to be used as a dwelling when completed will have at least (720) square feet of living area.”

• Minimum lot sizeSpecified

  Residential (R) district, one-family dwellings, Lakota city

  • Two-family and multi-family also 5,000 sq ft
  • Minimum lot width 50 ft for one- and two-family, 75 ft for multi-family, at front building line
  • Agricultural district area regulations are stated to be the same as the public district, which states no lot size

  minimum lot area, one-family: >= 5000 square feet · minimum lot width, one-family: >= 50 feet

  “1. one-family - not less than 5000 sq. feet.”

• SetbacksSpecified

  Residential district, Lakota city (yard regulations of article 8)

  • Front yard: 25 ft where fewer than 25% of lots in the block are built upon; otherwise average of adjoining houses' setbacks
  • Corner lot front setback 25 ft, subject to averaging with adjoining building
  • Accessory building: 5 ft rear
  • Side yard for fences or walls used as fences: 2.5 ft

  front yard setback (block under 25% built): >= 25 feet (averaging applies if more than 25% of lots built upon) · rear yard (dwelling): >= 20 feet · side yard: >= 5 feet (2.5 ft for fence or wall)

  “the rear yard shall have a depth of not less than twenty feet (20') from the dwelling to the lot line”

• Manufactured homesLimited

  Mobile, manufactured, double-wide and modular homes moved into Lakota city

  • Single-wide mobile homes may not be moved into or within city limits
  • Manufactured or modular homes older than 5 years may not be moved in; none previously condemned
  • Must be on permanent foundation or footed blocks at least 36 inches deep
  • Applicant must go before city council with title, photos and foundation/anchoring plans; foundation completed within 90 days or plans re-presented

  maximum age of moved-in manufactured/modular home: <= 5 years

  “no single wide mobile homes will be permitted to be moved inside the city limits of the city of lakota, north dakota.”

• Who permits septicLocal (with conditions)

  Private sewage disposal inside Lakota city limits; the city's sewer ordinance governs

  • Septic tanks and similar facilities are unlawful 'except as hereinafter provided' in chapter 24
  • Exceptions were not fully read

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

• Off-grid sanitationLimited

  Privies, septic tanks and cesspools inside Lakota city

  • Unlawful except as provided later in chapter 24; exceptions not read

  “where a public sanitary or combined sewer is not available under the provisions of section 24.0103 (4), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.”

• Permit processPartial

  Building permit applications inside Lakota city

  • Fee set by city council; no schedule located
  • Variances go to the board of adjustment (city council and mayor)

  “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”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption inside Lakota city
• Building code adopted — Building code inside Lakota city
• Inspections — Building inspections inside Lakota city
• Certificate of occupancy — Certificate of occupancy inside Lakota city
• Lot coverage — Lot coverage inside Lakota 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.