Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-47-01 Cities may zone - Application of regulations
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For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing body of any city may, subject to the provisions of chapter 54-21.3, regulate and restrict the height, number of stories, and the size of buildings and other structures, the…
N.D.C.C. § 40-47-01.2 Agreements to not oppose annexation void
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The zoning commission or governing body may not require as a condition of approval of a request to amend or modify a zoning regulation the execution of an agreement by the owner of the property requesting the amendment or modification stating that the owner will not oppose the an…
N.D.C.C. § 40-47-01.3 Extraterritorial zoning - Limitation
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Notwithstanding any other provision of law, a city that exercises extraterritorial jurisdiction under this chapter may not impose building permit fees on any section of unincorporated territory which are higher than the building permit fees within the city exercising the jurisdic…
N.D.C.C. § 40-47-02 Division of city into districts to carry out regulations
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The governing body may divide the city into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter, and may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structu…
N.D.C.C. § 40-47-03 Regulation for zoning made for what purposes
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The regulations provided for in this chapter shall be made in accordance with a comprehensive plan and shall be designed to: 1. Lessen congestion in the streets; 2. Provide for emergency management, including floodplain management as provided under section 40-05-27. "Emergency ma…
N.D.C.C. § 40-47-05.1 Zoning - Nonconforming structure
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1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming structure devoted to residential use and located in a residential zoning district may be repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even though the structure is …
N.D.C.C. § 40-47-06 Zoning commission - Appointment - Duties - Preliminary and final report
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The governing body of a city desiring to avail itself of the powers conferred by this chapter shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. In add…
N.D.C.C. § 40-47-08 Appeal to board of adjustment - Taking - Filing - Time - Transmitting record
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An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city. The appeal shall be taken within the time prescribed by rule of the board by filing with the officer from whom the appeal is taken and with the b…
N.D.C.C. § 40-47-10 Effect of appeal to board of adjustment - Restraining order
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An appeal to the board of adjustment stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with the officer that by reason of facts st…
N.D.C.C. § 40-47-11 Determination of board of adjustment reviewable
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Every decision of the board of adjustment is subject to review in the following manner: 1. A decision of the board of adjustment may be appealed to the governing body of the city by either the aggrieved applicant or by any officer, department, board, or bureau of the city. The ap…
N.D.C.C. § 40-47-12 Instituting action to restrain, correct, or abate violations
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If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under the authority conferred by this chapter…