The Board of Adjustment heretofore created shall be continued. The Board of Adjustment shall consist of five (5) members, each to be appointed by the City Council for a term of three (3) years. The Board of Adjustment shall have all of the powers and duties imposed upon it by state statutes and City ordinances. Each member of the Board of Adjustment shall receive compensation as provided by in resolution.

The Board of Adjustment is an administrative board whose powers and duties are limited generally by the laws of the state, particularly by the powers and duties set forth in this section. The Board of Adjustment shall not have the power to amend this title, nor to permit nor prohibit any actions which accomplish an amendment of this title, nor to permit any action nor fail to prohibit any action which would violate this title. However, it is declared the intent of this section that any actions taken by the Board of Adjustment in full compliance with the provisions of this section shall be deemed to be administrative actions, and shall not be interpreted as unauthorized amendments of this title: Except for those powers and duties provided to the Planning Commission in and in regard to Chapter 9-08, the Board of Adjustment shall have the following powers and duties:

1.

Interpretation. On appeal from an order, requirement, determination or provision made by the Building Inspector or other administrative official, or by request from any official, agency or head of the City, the Board of Adjustment shall decide any question involving the interpretation of any provision of this title. The Board of Adjustment may, in conformity with this chapter, reverse, affirm, or modify wholly or in part, or render a decision upon any such appeal or request.

2.

Variances. On appeal from an order, requirements, decision, or determination made by an administrative official, the Board of Adjustment may vary or adjust the strict application of any of the requirements of this title in the case of an exceptionally irregular, narrow, shallow or steep lot or other exceptional physical or topographical condition, by reason of which the strict application of the provisions of this title would result in unnecessary hardship that would deprive the owner of a reasonable use of the land or building involved, but in no other case.

No adjustment in the strict application of any provisions of this title shall be granted by the Board of Adjustment unless it finds:

a.

That there are special circumstances or conditions, fully described in the findings of the board, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building, and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant taken subsequent to the adoption of this title, whether in violation of the provisions of the title, or not;

b.

That, for reasons fully set forth in the findings of the board, the circumstances or conditions so found are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of said land or building, and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the board is the minimum variance that will accomplish the relief sought by the applicant; and

c.

That the grant of the variance will be in harmony with the general purposes and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

3.

Conditional variance. In granting any variance, the Board of Adjustment shall prescribe any conditions applying thereto that it may deem necessary or desirable to carry out the general purposes of this title or preserve the neighborhood or general welfare from injury.

4.

Allocation of unlisted uses. Upon application of a property owner or upon a request of the Building Inspector or other administrative official or any official agency or board of the City, or on its own initiative, the Board of Adjustment shall add to any use group established by Section 9-03-07, any other similar use which conforms to the conditions set forth in the special findings required by this subsection as listed below:

a.

Such use is not listed in any other use group nor is it listed individually as a permitted use;

b.

Such use is more appropriate in the use group to which it is added than in any other use group;

c.

Such use conforms to the basic characteristics of the use group to which it is added as set forth in the general description of the use group;

d.

Such use does not adversely affect the character of any of the districts in which the use group to which it is added is permitted;

e.

Such use is not likely to create any more traffic or to severely restrict access than the other uses listed in the use group to which it is added, nor does it create any more offensive noise, vibration, dust, heat, smoke, odor, glare, health or safety hazard or other objectionable influence than the minimum amount normally resulting from the other uses listed in the use group to which it is added; and

f.

When any use has been added to any use group in accordance with procedure set forth in this section, such use shall thereafter be deemed to be permitted in any district in which such use group is permitted, and to be prohibited from any district in which such use group is prohibited. Such use shall be added to the use group in the published text of this title at the first convenient opportunity, with a notation indicating that the addition was made in accordance with this section.

5.

Renewal of certificate of occupancy for nonconforming use. The Board of Adjustment shall have the power to renew a certificate of occupancy for nonconforming use in accordance with the provisions of Section 9-03-09. In granting such renewal, the Board of Adjustment shall determine that the temporary continuation will not be injurious to the neighborhood, nor to the public welfare and that there are unusual circumstances or conditions which would create an unnecessary hardship on the applicant for extension, if such extension were refused. The Board of Adjustment may refuse to grant an extension to the certificate of occupancy for a nonconforming use if application for such extension is received by the Board of Adjustment less than fifteen (15) days prior to the expiration of the original certificate of occupancy.

6.

Special uses. The Board of Adjustment shall, on application, hear a request for a special use in accordance with the provisions of Section 9-03-08. The Board of Adjustment shall grant a permit for such special use if and only if it finds that such use is in full conformity with all standards relating thereto as specified in Section 9-03-08, and with any other conditions, regulations and standards specified elsewhere in this title and applicable to said special use.

7.

Off-street parking. The Board of Adjustment shall upon application, hear and decide any question relating to the decrease of required off-street parking or off-street loading spaces as set forth in Section 9-03-10.

8.

Recommendations to Planning Commission. The Board of Adjustment is authorized to recommend to the Planning Commission for study or action any changes or amendments to the text or district zoning maps that said Board finds desirable. The Planning Commission shall consider such recommendation and may prepare appropriate amendments for the consideration of the City Council to carry out said recommendation.

9.

Miscellaneous powers and duties. The Board of Adjustment shall have such other powers and duties as may be authorized by this title, or any amendment thereto.

10.

Rules. The Board of Adjustment is authorized to establish such rules of procedure, not in conflict with any provisions of the laws of the state, this title, or any other ordinance of the City, as it may deem necessary to carry out the provisions of this title.

1.

Appeal: How taken. An appeal to the Board of Adjustment may be taken by any person aggrieved, or by any governmental officer, department, board, or bureau affected by any decision of the Building Inspector based in whole or in part upon the provisions of this title. Such appeal shall be taken within such time as shall be prescribed by the Board of Adjustment by general rule, by filing with the Building Inspector and with the Board of Adjustment a notice of appeal and specifying the grounds thereof. The Building Inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Building Inspector and on due cause shown.

2.

Appeal: Procedure. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal or for action on any matter upon which it is required to pass under this title and give due notice thereof to interested parties, and make all decisions with a reasonable time. Upon any hearing, any party may appear in person or by agent or by attorney. The concurring vote of four (4) members of the board shall be necessary to reverse an order, requirement, decision or determination of the Building Inspector or other administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this title. The board shall adopt rules of procedure and shall keep records of applications and action thereon, which shall be a public record.

3.

Appeal to the City Council. A decision of the Board of Adjustment may be appealed to the City Council by either the aggrieved applicant or by any officer, department, board, or bureau of the City by filing, within fifteen (15) days after notice of the decision, with the City Auditor a notice of appeal pursuant to the provisions of N.D.C.C. Section 40-47-11. The City Council shall fix a time, within thirty (30) days, for the hearing of the appeal and shall give due notice of the hearing to the parties. The appeal shall be decided within a reasonable time. Any party may appear in person or by agent or by attorney at the hearing of the City Council on the appeal. The City Council may reverse or affirm the decision of the Board of Adjustment, in whole or in part, or may modify the order, decision or determination appealed.