North Dakota Century Code Title 58. Townships § 58-03-14.1. Zoning--Nonconforming structure

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 damaged beyond fifty percent of its value if:

2. Under subsection 1, expansion of a nonconforming structure is prohibited unless the expansion is in compliance with applicable zoning ordinances and state laws and rules. The zoning authority shall determine whether a proposed expansion is in compliance.

3. Under subsection 1, a nonconforming structure may not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning ordinances.

4. Notwithstanding subsection 1, the zoning authority shall regulate the repair, replacement, improvement, maintenance, restoration, rebuilding, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and adhere fully to all applicable floodplain management ordinances without increasing flood damage potential or increasing the degree of obstruction to floodflows in the floodway.

5. Notwithstanding subsections 1, 2, and 3, the zoning authority may create a less restrictive ordinance or regulation.

6. Unless the township determines that the repair, replacement, improvement, maintenance, restoration, or rebuilding, of a nonconforming structure will violate subdivision d of subsection 1, the township shall issue a building permit to a property owner that meets the qualifications under subsection 1.

7. For purposes of this section, “nonconforming structure” means a structure that was legal before a change in ordinance made the structure nonconforming.