North Dakota Consent to Variance (By Adjacent Landowner)
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FAQ
"Area variance' shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations."
A city or county may not grant a variance that would permit a use that is not otherwise allowed in that zone (for example, a commercial use could not be approved in a residential zone by variance). Typically, variances are considered when the physical characteristics of the property make it difficult to develop.
Zoning laws are made by branches of local government, municipal corporation, or a county. When an area is deemed a zoning district, there will be specific regulations on how a property owner can use the land within a zone.
An individual is guilty of a class C felony if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises. b. Enters or remains in any place so enclosed as manifestly to exclude intruders.
It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance. Typically, variances are granted when the property owner can demonstrate that existing zoning regulations present a practical difficulty in making use of the property.
Annexation is a process outlined in North Dakota Century Code Chapter 15.1-12, which allows alterations of school district boundaries through the removal of real property from one district and its subsequent attachment to another contiguous school district.
A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.
The legislative body of each city (the city council) and each county (the board of supervisors) adopts zoning, subdivision and other ordinances to regulate land uses and to carry out the policies of its general plan.
