Land Development Code
A Land Development Code (LDC) – sometimes called a “zoning code” or “land use code” – is a set of regulations that establish how development should occur. This includes zoning, the uses that are allowed in each zone, subdivisions, landscaping, signs, parking, lighting, and other topics to ensure that new development in Bismarck meets community expectations. Bismarck's existing zoning ordinance, Title 14, is available online here: Bismarck Zoning Ordinance
Comprehensive Plan
A Comprehensive Plan (sometimes called a “master plan,” “general plan,” or “community plan”) is a long-range planning document that looks at the relationships between land uses, infrastructure, such as roads and utilities, and community needs to guide how the community handles growth, development, protection of community assets, and provision of services. A Comprehensive Plan is used to:
- Develop consensus on community visions and goals;
- Guide decision-making, local regulations, and capital improvement projects;
- Inform individual development approvals; and
- Open new funding opportunities and grants.
Bismarck’s Comprehensive Plan is available online, here:
Implement/Implementation
Fulfilling Bismarck’s vision and goals – as outlined by the Bismarck Together 2045 Comprehensive Plan – requires implementation. That means using the tools the City has to ensure the Comprehensive Plan is accomplished. One set of tools the City can use to implement the community’s goals for growth and development is the LDC.
Regulations/Standards
Regulations and standards in the LDC generally describe the same thing – rules for what can be developed throughtout Bismarck. Additionally, the LDC includes development standards about landscaping, parking, fences, exterior lighting, and other topics to ensure new developments are respectful of existing neighboring uses and to minimize th impact of new developments on the characteristics that make Bismarck special.
Zoning
Zoning refers to the creation of districts within a community that establish different standards or regulations for what can or cannot be developed there. For example, a residential zone (or zoning district) could allow a variety of housing types and supportive businesses but restrict the development of land uses the City thinks would negatively impact the health and safety of the people that live there. Different zones also often have different standards for the size and scale of buildings.
Subdivision
Subdivision means the division or separation of a parcel of land into two or more parcels, lots, blocks, tracts, or sites. This is often required as part of the development process when a larger area of land is intended to be developed into a neighborhood with homes, businesses, and community amenities.
Why is Bismarck updating Title 14?
The City is updating Title 14 to better align the rules and regulations guiding growth and development with the vision and goals outlined in the City’s Comprehensive Plan (Bismarck Together 2045). With clear direction from the Comprehensive Plan about how and where the community wants to grow, it’s important to have regulations that help make that vision a reality.
Updating Title 14 could mean adding new standards to reflect new land use challenges and development opportunities, removing standards that work as a barrier to plan implementation, and modifying other standards to reflect new technology and development trends. The key issues that will be addressed in the update will be identified in the Title 14 Issues Assessment, to be completed by November 2024.
What are the goals of the LDC?
In addition to implementing the City’s new Comprehensive Plan, the LDC update will focus on modernizing Title 14. That means the project will work to reflect changes in technology, industry trends, best practices for land use regulations, and state and federal law since the last comprehensive review and update. A comprehensive update of the Bismarck zoning ordinance has not occurred since 1982, and much of the language dates back to 1953.
Since that time, short-term rentals, food truck parks, tiny houses, coworking spaces, e-fulfillment centers, rideshare, and many other land uses have become more common – in addition to a shift towards more remote work and online shopping. In Bismarck, outdated land use permissions may present unnecessary barriers to creating a small home business or repurposing underutilized office and retail space to address other commercial and residential needs.
Other Title 14 changes may come from taking a different look at development costs and community investments. For example, despite the shifts in the way people live, work, shop, and do business, existing parking and infrastructure standards may require costly investments that aren’t necessary based on market trends and create barriers to development. As a result, the new LDC needs to address gaps in regulations for new types of development, increase flexibility so the LDC can adapt to future land use changes, and remove regulations that don’t advance community priorities.
The LDC will also renew the organizational structure of the ordinance. Bismarck’s zoning has been amended many times over the last few decades, which can lead to a patchwork of standards and procedures that do not always fit together. Some inconsistencies within the ordinance and between the ordinance and other state law, building codes, and other requirements will be addressed.
Lastly, the new LDC will need to be tailored to reflect the diverse neighborhoods and landscapes in Bismarck – from prairie land to suburban neighborhoods and from urban settings to agricultural production. Prior to creating the new LDC, the project team will complete a full assessment of the current Title 14 regulations.
How will the LDC affect my property?
The new LDC will apply to all incorporated areas of Bismarck and its extraterritorial area (ETA). The ETA is an area approximately two miles from Bismarck city limits that is negotiated with Burleigh County and the Townships. The zoning map includes the ETA boundary as the outer limits of this map.
The rules that are set in the LDC will apply to both new development and redevelopment. This means you will need to build or change a structure or start, change, or expand a use for the LDC’s new standards to apply. The updated LDC will influence what new development is possible as the City grows, what new development looks like, how it fits into the community, and how it can help the City ensure a strong economy, resilient environment, and high quality of life. So, if you live, work, own land, own a business, or plan to relocate to Bismarck, the LDC is worth caring about!
Will the LDC change zoning across the City?
The LDC process may change the names and standards of Bismarck's zoning districts may change. Some zoning districts may be eliminated, consolidated with another zoning district, or repurposed. As a result, although the zoning regulations may change, this project will not result in any rezoning of property (e.g., from residential to commercial, from a predominantly residential neighborhood to a small-scale mixed-use neighborhood).
The City may explore rezoning of property in a separate process following adoption of the LDC, based on policy direction from the Bismarck Together 2045 Comprehensive Plan. Although the LDC provides a description of the zoning districts and the standards that apply to them, the City’s Comprehensive Plan provides the basis for what type of development is best suited in each area of the city. Any future zoning map amendments would be initiated as separate projects, and each would include its own public notification and hearing.
Who’s involved in creating the LDC?
Everyone! Updating development regulations requires input from all kinds of people – residents, neighborhoods, businesses, non-profits, schools, retirees, the development community, other agencies and service providers, and many others.
The LDC doesn’t seem to impact me directly - why should I care to participate?
If you don’t own property or run a business in Bismarck you may think that the effort to update Title 14 isn't relevant to you. The reality is that everyone should care about the new LDC! Here’s why:
The LDC determines what types of development can occur in different areas of the city, which impacts the creation and maintenance of essential infrastructure, such as roads, pipelines, and parks.
The LDC influences what types of housing are available in Bismarck – whether you rent or own – and determines where different types of housing are allowed to be built. Although there are many factors that impact housing affordability, how much and what type of housing is built does impact the cost of housing (for you and future generations).
The LDC determines where commercial and industrial development occurs, which means that your ability to walk to a local business, how far you commute to work, and how easy it is for you to establish a business are impacted by what the LDC allows.
Think about the age of your house, a local business, and the roads that you drive on. Although some structures are new, many are more than 100 years old and even recently repaved streets are often much older underneath. Because the LDC impacts what development and infrastructure is built today, it will also impact where your children and grandchildren live, work, and play.
You should participate if you care about how Bismarck grows!
Is this project different from the Bismarck Together 2045 Comprehensive Plan?
The Bismarck Together 2045 Comprehensive Plan is the City’s policy document that directs how and where the City expects growth and development to occur. The LDC is a tool for implementing the land use policies from the Comprehensive Plan through regulations. Additionally, the Comprehensive Plan is often referenced in the LDC to inform zoning decisions.
Do I have to be an expert to contribute ideas?
Absolutely not! By living, working, owning land, owning a business, or caring about the future of Bismarck, you know so much about your community. Many of the provisions of the LDC do not have technically right or wrong answers but depend on the values of the community, in the broadest sense possible. Your input and ideas are vital to the success of the LDC. Whether you have just moved to the community or are a life-long resident, your perspective is important.
Who is leading the LDC project?
Bismarck's Community Development Department is leading the process with support from a consultant team. The consultant team is led by Clarion Associates, a Denver-based consulting firm that specializes in comprehensive planning and land use regulations, with support from Madden Planning and SRF. Utlimately, the LDC will be presented to the Bismarck Planning and Zoning Commission for their recommendation and the Bismarck City Commission for final approval.
What is the timeline for the LDC project?
The project is expected to take about two years to complete, with final adoption by the end of 2025, largely because it takes time to provide everyone in the City with enough opportunity to share their ideas and feedback before the LDC is adopted. See the timeline for the project below.
How can I get involved or learn more?
Start by signing up for project updates! We will keep you posted on upcoming events, meetings, opportunities to review and comment on LDC drafts, and other major announcements.