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Commission approves three zoning text amendments: ADUs, cleanup reference to comprehensive plan and conditional‑use revocation process

June 27, 2025 | Stark County, North Dakota


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Commission approves three zoning text amendments: ADUs, cleanup reference to comprehensive plan and conditional‑use revocation process
The Stark County Planning and Zoning Commission on June 26 approved three proposed amendments to the county zoning ordinance: (1) allow accessory dwelling units (ADUs) as a permitted, administratively reviewed use in specified residential districts; (2) replace a dated reference to the 2010 comprehensive plan with a generic reference to the "Stark County comprehensive plan"; and (3) clarify that revocation of conditional‑use permits is a County Commission decision following a public hearing and recommendation from planning and zoning.

County planner Steve Josephson said the ADU change responds to practical experience since the ordinance allowed ADUs in 2020 by conditional use. "This is something that can just be easily handled, you know, at the administrative level," Josephson said, adding that two ADU applications had been filed since 2020 and that the amendment preserves the option for applicants to seek variances if they need deviations from development standards.

The ADU amendment also clarified unit limits: one accessory dwelling unit is permitted on properties under 40 acres and up to two on properties of 40 acres or more. Josephson said ADUs must be smaller than the primary residence and cannot function as duplexes; they may be detached, attached with a separate entrance, or located above a garage.

On the cleanup amendment, Josephson said the change removes the hard-coded update year ("2010") and simply references the Stark County comprehensive plan so future updates will not require ordinance text changes. For the conditional‑use revocation text, Josephson said the amendment resolves a conflict in the ordinance by confirming that the planning and zoning commission will hold a public hearing and make a written recommendation, while the County Commission retains final authority to revoke a conditional‑use permit.

Josephson also noted he asked the state’s attorney to review the three amendments; the state’s attorney’s office did not attend the meeting but, Josephson said, had reviewed and was "fine with all of them." All three amendments passed on roll-call votes with the commission voting aye.

The ADU amendment changes Articles 3, 5 and 6 of the zoning ordinance to make ADUs a permitted administrative use in agricultural-residential, rural-residential and estate-residential districts, with clarifying language on unit counts and size limits. The other amendments amend Section 1.3 (purpose and intent) and Section 8.3 (conditional use permits). Josephson said the county and city planners are coordinating on broader potential zoning updates, including a model ordinance for data centers being developed by state associations.

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