Overview: Are Short-Term Rentals Allowed in Harvey, ND?

Short-term rentals ARE permitted in Harvey, ND, but with significant restrictions and requirements depending on the zoning district and type of operation.

Based on the City of Harvey Zoning Ordinance, short-term rentals can operate in several forms:

1. Tourist Homes (defined as "A dwelling in which overnight accommodations are provided for transient guests") - permitted in Commercial districts
2. Hotels and Motels - explicitly permitted in Commercial districts
3. Boarding and Lodging Houses - permitted in R-2 Multiple Family districts
4. Rooming Houses - permitted in R-2 Multiple Family districts

Key Restriction: Tourist homes are NOT permitted as primary residential uses in R-1 Single Family residential districts and would require rezoning or conditional use approval.

How to Start a Short-Term Rental Business in Harvey, ND

Step 1: Determine Your Zoning Classification

First, verify the zoning classification of your property by consulting the Official Zoning Map (Section 6.0402) or contacting the City Auditor's office. Key zoning options for STRs include:

• R-2 Multiple Family District: Allows boarding and lodging houses
• C Commercial District: Allows hotels, motels, and tourist homes
• IHC Industrial/Heavy Commercial: More limited commercial options

Step 2: Choose Your STR Structure

Based on zoning, you have these options:

Option A: Tourist Home (Commercial Zone)

• Full dwelling rental to transient guests
• Must be in C Commercial District
• Operates as commercial accommodation

Option B: Hotel/Motel (Commercial Zone)

• More traditional hospitality business
• Multiple rooms/units for rent
• Requires commercial zoning

Option C: Boarding/Lodging House (R-2 District)

• Maximum 5 guest rooms (lodging house) or more than 2 persons (rooming house)
• More residential character
• Subject to multiple family dwelling standards

Step 3: Comply with Zoning Requirements

Each zoning district has specific requirements:

For C Commercial District:

• Follow commercial district use regulations (Section 6.0902)
• Meet area requirements: 15-foot rear yard minimum
• No front or side yards required (except when abutting residential)
• Height limit: 3 stories/45 feet maximum

For R-2 Multiple Family District:

• Meet multiple family dwelling standards (Section 6.0705)
• Minimum 400 sq ft usable floor area per unit
• 1,500 sq ft lot area per dwelling unit minimum
• Height limit: 3 stories/32 feet maximum
• Lot coverage: 35% (60% for 4+ unit structures)

Step 4: Obtain Required Permits and Approvals

• Building Permit: Required for any structural changes or new construction
• Use Permit: Required for the specific STR use
• Conditional Use Permit: May be required depending on specific circumstances
• Business License: Contact City Auditor for current requirements

Step 5: Meet Building and Safety Standards

• Comply with all building codes and safety regulations
• Meet foundation and construction standards for your district
• Ensure adequate parking per zoning requirements

Required Documents, Permits, Licenses, and Guidelines

Permits Required:

1. Building Permit (Section 6.0811)

   • Required for new construction or structural alterations
   • Issued by City Auditor upon City Council approval
   • Must verify compliance with all city ordinances and building codes

2. Use Permit (Section 6.2101)

   • Required to establish the STR use
   • Must demonstrate compliance with zoning requirements
   • Application through City Auditor

3. Conditional Use Permit (Article 26)

   • Required if STR use isn't explicitly permitted in your zone
   • Application process through Planning & Zoning Commission
   • Public hearing required

Documentation Required:

• Property deed or ownership documentation
• Site plan showing property boundaries and structures
• Floor plans and specifications
• Parking plan demonstrating compliance
• Building compliance certificates
• Fire safety and occupancy permits

Guidelines and Standards:

• Dwelling Standards: Meet minimum square footage requirements
• Parking Requirements: Comply with off-street parking standards
• Setback Requirements: Respect property line setbacks
• Height Limitations: Do not exceed district height limits
• Lot Coverage: Stay within maximum coverage percentages

Specific Regulations for Short-Term Rentals

City of Harvey Zoning Regulations:

R-2 Multiple Family District (Article 7):

• Boarding and lodging houses permitted by right
• Maximum 5 guest rooms for lodging houses
• Room and boarding houses must meet multiple family dwelling standards
• 1,500 sq ft lot area per dwelling unit minimum
• 35% maximum lot coverage (60% for structures over 4 units)
• Height limit: 3 stories/32 feet

C Commercial District (Article 9):

• Hotels and motels explicitly permitted (Item 13)
• Tourist homes permitted as commercial accommodations
• Height limit: 3 stories/45 feet
• No front/side yards required (except when abutting residential)
• Rear yard: 15 feet minimum (20 feet if no alley)

R-1 Single Family District (Article 6):

• Tourist homes NOT permitted as primary use
• Would require rezoning or conditional use approval
• Residential character must be maintained

Wells County Regulations:

• County regulations may apply for properties outside city limits
• Contact Wells County for county-specific requirements
• City has extraterritorial zoning jurisdiction (Section 6.37)

North Dakota State Regulations:

• State lodging and hospitality regulations may apply
• Health department requirements for commercial lodging
• State fire safety and building codes
• Business registration requirements

Contact Information

City of Harvey - Planning & Zoning:

Planning & Zoning Commission

• Address: City Hall, Harvey, ND 58341
• Contact: City Auditor's Office
• Phone: (701) 324-2521
• Email: [Contact City Auditor for current email]

City Council

• Address: City Hall, Harvey, ND 58341
• Phone: (701) 324-2521
• Responsible for: Conditional use permits, final zoning decisions

Building Inspector

• Contact through City Auditor's Office
• Phone: (701) 324-2521
• Responsible for: Building permits, construction compliance

Wells County:

Wells County Register of Deeds

• Address: Wells County Courthouse, 700 Railway Street, Harvey, ND 58341
• Phone: (701) 324-2635
• Responsible for: Property records, zoning verification

Wells County Planning & Zoning

• Address: Wells County Courthouse, 700 Railway Street, Harvey, ND 58341
• Phone: (701) 324-2635
• Responsible for: County zoning regulations, permits

State of North Dakota:

North Dakota Department of Health

• Website: www.health.nd.gov
• Responsible for: Lodging facility licensing, health regulations

North Dakota State Fire Marshal

• Phone: (701) 328-5555
• Responsible for: Fire safety inspections, commercial lodging

Important Links to Source Pages

1. City of Harvey Zoning Ordinance (Complete)

   • URL: harveynd.com/wp-content/uploads/2019/11/ch6.pdf
   • Content: Complete Chapter 6 Zoning Ordinance including all district regulations, definitions, and procedures

2. City of Harvey Official Website

   • URL: harveynd.com
   • Content: City contact information, current ordinances, permit applications

Note: The zoning ordinance document provided contains comprehensive regulations but may not include recent amendments or updates. Investors should verify current requirements with city authorities before proceeding with any STR business establishment.

This guide provides the regulatory framework for establishing short-term rentals in Harvey, ND. Given the complexity of zoning regulations and potential for recent changes, investors are strongly advised to consult directly with city planning officials before making any property acquisitions or business investments.