# Bismarck Board of Adjustment 2026-09-03

The Bismarck Board of Adjustment convened on September 3, 2026, to hear a public hearing regarding an appeal by NODAK Recreation LLC concerning a zoning interpretation and notice of violation for their property at 5215 East Main Avenue. The issue centered on whether the property was being used for prohibited storage under the CG commercial zoning district, as the city staff determined the lot was primarily used for storage of inventory rather than retail sales. The appellant argued that the lot was used for sales inventory and that they were actively working toward full site development and compliance, including paving and landscaping, with plans to invest approximately $1.5 million. The board discussed the distinction between storage and sales use, the zoning ordinance requirements, and the possibility of a variance request in the future. Ultimately, the board voted unanimously to uphold the city's zoning interpretation, requiring the property to come into compliance by October 11, 2026, with the option for the appellant to appeal the decision further. No motions related to contract awards or procurement were made during this meeting.

**Jurisdictions:** sled
**Industries:** Construction & Infrastructure
**Topics:** Regulatory Compliance
**Published:** September 04, 2026

### Sources
- [Bismarck Board of Adjustment 2026-09-03](https://www.youtube.com/watch?v=O8BUuK_rY5s) - Dakota Media Access