A.

Public Hearing Notice. The city planning commission shall hold a public hearing, a notice of which shall be published at least one week prior to the hearing in the official newspaper of the city. The notice of hearing shall include: (1) the time and place of hearing; (2) description of the property by street address for platted lands and clearly identifiable location for the unplatted lands; (3) the proposed use and requested zoning district change; (4) time and place for public inspection of the documents in the city offices before the hearing.

B.

Public Hearing. The city planning commission at the hearing shall listen to all persons who may speak in support of or in opposition to the proposal. Upon the completion of its review, the city planning commission shall make recommendations to the board of city commissioners for approval, denial or modification of the petition. The city planning commission may require additional information before it completes its findings and recommendations.

C.

Data Submission Requirements. Petitions for zoning district change and conditional uses shall be submitted with the following information:

1.

Legal description of the area proposed to be rezoned, the name and addresses of all owners of property lying within such area;

2.

A list of the names and addresses of the owners of all properties within one hundred fifty feet of the proposed property, excluding the width of the streets rights-of-way;

3.

A map showing the existing land uses and zoning district classification of the area;

4.

A site plan showing buildings and uses in the zoning district proposed to be changed and the requested zoning district classification;

5.

A fee shall be paid in accordance with the schedule established by the board of city commissioners.

D.

Deliberation and Decision. Following the hearing, the city planning commission, upon due deliberation, shall make a report of its findings and recommendations on the proposed amendment to the board of city commissioners within thirty days after the hearing. If no recommendations are transmitted by the city planning commission within thirty days after the hearing, the board of city commissioners may take action without awaiting such recommendations.

In making its finding, the city planning commission shall ascertain that the proposal for zoning district amendment is consistent with the city comprehensive plan and meets all requirements of these regulations and other regulations of the city.

E.

Effect of Protest. If a protest against zoning district change is signed by twenty percent of: (1) owners of the property within the proposed site; or (2) twenty percent of the owners of the adjoining properties within one hundred fifty feet of the site excluding street rights-of-way, the city planning commission shall make a notice of statutory protest in transmitting its recommendation to the board of city commissioners, where a vote of three-fourths of all commissioners is necessary to approve the zoning district change.

(Ord. 788 (part), 1994)

A.

Purpose. The development of these regulations is based upon division of the city into districts, within which district the use of land and building bulk and locations of building and structures are mutually compatible and substantially harmonious. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as permitted uses in any particular district, without consideration, in each case, of impact of those uses upon neighboring premises. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due to consideration is given to location, development and operation of such uses.

B.

Public Hearing Notice. Shall be the same as the provisions set forth for public hearing notice for zoning district amendment in Section 17.84.010(A).

C.

Public Hearing. Shall be the same as the provisions set forth for public hearing for zoning district amendment in Section 17.84.010(B).

D.

Data Submission Requirements. Shall be the same as the provisions set forth for data submission requirements for zoning district amendment in Section 17.84-010(C).

E.

Deliberation and Decision. Shall be the same as the provisions set forth for deliberation and decision for zoning district amendment in Section 17.84.0120(D).

F.

Standards. No application for conditional or special use shall be recommended for approval unless the city planning commission finds that all of the following conditions are present:

1.

That the establishment, maintenance or operation of the conditional or special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

2.

That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional or special use;

3.

That the establishment of the conditional or special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

G.

Conditions and Guarantees.

1.

Prior to the decision on any conditional or special use, the city planning commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional or special use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsection F of this section. In all cases in which conditional or special uses are granted, the city planning commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

2.

No alteration of a conditional or special use shall be permitted unless approved by the board of city commissioners. Where the board of city commissioners has approved or conditionally approved an application for a conditional or special use, such approval shall become null and void within twelve months of the date of the board of city commissioners action unless the use is commenced, construction is underway or the current owner possesses a valid building permit.

(Ord. 788 (part), 1994)

(Ord. No. 974, 8-16-21)

Variance from the terms of these regulations shall be granted provided that the applicant establishes proof of practical difficulty or undue hardship.

A.

Public Hearing Notice. The board of adjustment shall hold a public hearing, a notice of which shall be published at least one week prior to the hearing (NDCC 40-47-04) in the official newspaper of the city. The notice of hearing shall include:

1.

The time and place of hearing;

2.

Description of the property by street address;

3.

A description of the variances being sought;

4.

Time and place for public inspection of the documents in the City Hall before the hearing.

B.

Public Hearing. The board of adjustment at the hearing shall listen to all persons who may speak in support of or in opposition to the variance. Upon the completion of its review, the board of adjustment shall approve, deny or modify the variance. The board of adjustment may require additional information before it completes its findings and decision. Any denial of a request by the board of adjustment shall stand for a period of one year from the date of the hearing unless a significant change in the nature of the request or the circumstances involved exist, as determined by the board of adjustment. Further, the board of adjustment may waive the one-year time restriction.

C.

Data Submission Requirements. Petitions for variances shall be submitted with the following information:

1.

Legal description and address of property seeking a variance.

2.

Name of property owner and applicant if different.

3.

A written description and sketch of project.

D.

Deliberation and Decision. In making its finding, the board of adjustment shall ascertain that the request for variance is consistent with the city comprehensive plan and meets all requirements of the regulations and other regulations of the city.

E.

Standards. No application for variance shall be approved unless the board of adjustment finds that all of the following are present.

1.

That special conditions and circumstances exist which are peculiar to the premises and which are not applicable to other premises in the same zoning district;

2.

That literal interpretation of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;

3.

That the special conditions and circumstances have not resulted from actions of the applicant;

4.

That granting the variance requested will not confer upon the applicant any special privileges that are denied by these regulations to other premises.

F.

Justification.

1.

That the reasons set forth in the application justify the granting of the variance;

2.

The variance is the minimum which would make possible a reasonable use of the premises;

3.

That the granting of variance will be in harmony with the general purpose of these regulations and will not be injurious to the surrounding premises, neighborhood or the city and will not be contrary to the comprehensive plan and the purposes of these regulations;

4.

That there is practical difficulty or unnecessary hardship in use of the premises if the strict application of the regulations were to be carried out.

G.

Authorized Variances. A variance shall not be granted for any yard or setback less than the yard or setback as required by these regulations.

1.

To reduce not by more than twenty percent the applicable requirements for lot area and lot width;

2.

To reduce the applicable off-street parking or loading facilities by no more than fifty percent of the requirements;

3.

To permit the use of lot of record if it is smaller than the minimum size required by these regulations;

4.

To permit roof alterations to provide additional windows, headroom or area for occupancy of third level;

5.

To permit conversion of an existing building to a permitted residential use provided that it shall not conflict with the above standards cited in subsections (E) and (F) of this section.

(Ord. 818 (part), 1997; Ord. 788 (part), 1994)

(Ord. No. 974, 8-16-21)

Editor's note— Ord. No. 974, adopted Aug. 16, 2021, amended the title of § 17.84.030 to read as herein set out. The former § 17.84.030 title pertained to variances and special use permits.

A.

Initiation of Amendment. Amendments may be proposed by the board of city commissioners, the city planning commission, the board of adjustment or any person, firm, corporation or organization which has a freehold interest or contractual interest in a building, structure, lot or parcel of land.

B.

Application for Amendment. Application for an amendment shall be filed with the code administrator who shall forward all such applications to the city planning commission, or the board of city commissioners.

C.

Notice of Public Hearing. Notice of hearing shall include time, place and purpose of such hearing and shall be published at least one week before the hearing in the official newspaper of the city. This hearing is independent of the hearing held by the city planning commission.

D.

Public Hearing. At the public hearing before the board of city commissioners, the proposed amendment is discussed together with the recommendations of the city planning commission. Any person may express opposition to or support for the amendment at such hearing.

E.

Action of City Commission. In the event that a written protest against a proposed amendment or conditional use application is filed by owners of twenty percent or more of the area within the proposed amendment or owners of twenty percent or more of the adjoining land within one hundred fifty feet of the proposed site excluding street rights-of-way, such amendment or conditional use application shall not become effective except by the favorable vote of four city commissioners.

F.

Effect of Denial of Application. An application for an amendment to the zoning district map or conditional use permit which has been denied by the board of city commissioners shall not be made for a period of one year from the date of such denials, unless the new application is substantially different from the denied application.

(Ord. 788 (part), 1994)