North Dakota § 2-04-10 Board of adjustment

North Dakota Statutes

§ 2-04-10 — Board of adjustment

North Dakota § 2-04-10

Title 2Aeronautics

Ch. 2-04Airport Zoning

This text of North Dakota § 2-04-10 (Board of adjustment) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 2-04-10 (2026).

Text

1.All airport zoning regulations adopted under this chapter must provide for a board of adjustment to have and exercise the following powers:

a.To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in section 2-04-08.

b.To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations.

c.To hear and decide specific variances under subsection 2 of section 2-04-07.

2.If a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term o

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1. All airport zoning regulations adopted under this chapter must provide for a board of
adjustment to have and exercise the following powers:
a. To hear and decide appeals from any order, requirement, decision, or
determination made by the administrative agency in the enforcement of the
airport zoning regulations, as provided in section 2-04-08.
b. To hear and decide any special exceptions to the terms of the airport zoning
regulations upon which such board may be required to pass under such
regulations.
c. To hear and decide specific variances under subsection 2 of section 2-04-07.
2. If a zoning board of appeals or adjustment already exists, it may be appointed as the
board of adjustment. Otherwise, the board of adjustment shall consist of five members,
each to be appointed for a term of three years by the authority adopting the regulations
and to be removable by the appointing authority for cause, upon written charges and
after public hearing.
3. The concurring vote of a majority of the members of the board of adjustment is
sufficient to reverse any order, requirement, decision, or determination of the
administrative agency, or to decide in favor of the applicant on any matter upon which
it is required to pass under the airport zoning regulations, or to effect any variation in
such regulations.
4. The board shall adopt rules in accordance with the provisions of the ordinance or
resolution by which it was created. Meetings of the board shall be held at the call of
the chairman and at such other times as the board may determine. The chairman, or in
the chairman's absence the acting chairman, may administer oaths and compel the
attendance of witnesses. All hearings of the board must be public. The board shall
keep minutes of its proceedings, showing the vote of each member upon each
question, or, if absent, or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which must immediately be filed in the
office of the board and shall be a public record.