N.D. Cent. Code § 2-04-07

2-04-07. Permits and variances

1. Permits. Any airport zoning regulations adopted under this chapter may require that a

permit be obtained before any new structure or use may be constructed or established

and before any existing use or structure may be substantially changed or substantially

altered or repaired. In any event, however, all such regulations must provide that

before any nonconforming structure or tree may be replaced, substantially altered or

repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from

the administrative agency authorized to administer and enforce the regulations,

authorizing such replacement, change, or repair. No permit may be granted that would

allow the establishment or creation of an airport hazard or permit a nonconforming

structure or tree or nonconforming use to be made or become higher or become a

greater hazard to air navigation than it was when applicable regulation was adopted or

than it is when the application for a permit is made. Except as provided herein, all

applications for permits must be granted.

2. Variances. Any person desiring to erect any structure, or increase the height of any

structure, or permit the growth of any tree, or otherwise use that person's property in

violation of airport zoning regulations adopted under this chapter may apply to the

board of adjustment for a variance from the zoning regulations in question. Such

variances must be allowed where a literal application or enforcement of the regulations

would result in practical difficulty or unnecessary hardship and the relief granted would

not be contrary to the public interest but do substantial justice and be in accordance

with the spirit of the regulations and this chapter; provided, that any variance may be

allowed subject to any reasonable conditions that the board of adjustment may deem

necessary to effectuate the purposes of this chapter.

3. Hazard marking and lighting. In granting any permit or variance under this section, the

administrative agency or board of adjustment may, if it deems such action advisable to

effectuate the purposes of this chapter and reasonable in the circumstances, so

condition such permit or variance as to require the owner of the structure or tree in

question to permit the political subdivision, at its own expense, to install, operate, and

maintain thereon such markers and lights as may be necessary to indicate to flyers the

presence of an airport hazard.