Appeals may be made from any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any provisions of this title or which may be made by the planning commission for which other review or approval procedures are not otherwise specifically established in this zoning title. The appeals may be of the following types:

(1)

Administrative Review. To hear and decide on appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning title.

(2)

Interpretation of Title. To interpret the provisions of this title in such a way as to carry out the intent and purpose of the adopted comprehensive city plan, and as shown upon the zoning district map fixing the several districts accompanying and made a part of this title, where the street layout actually on the ground varies from the street layout as shown on the zoning district map.

(Ord. 304, Art. 20, § 1, 1990)

(a)

Appeals may be made by any person aggrieved, or by any officer of the city or any governmental agency or body affected by any decision of the building official administering the provisions of this zoning title.

(b)

Appeals shall be made within a reasonable time by filing a notice of appeal specifying the grounds thereof and payment of the required filing fee.

(c)

Appeals to this zoning title shall be prepared and submitted on forms furnished by the city.

(d)

Upon receipt of the written notice of appeal and payment of the required fee, the planning commission shall advertise and hold a public hearing as required in Section 19.40.050.

(e)

After a public hearing, the planning commission shall make a recommendation on the appeal to the city council within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(f)

The planning commission shall send written findings of fact, based on evidence and testimony, to the city council specifying the reason for their recommendation, a copy of which shall be filed in the office of the city auditor, to be available for public inspection.

(g)

Upon receiving the recommendation of the planning commission the city council shall advertise and hold a public hearing, as required in Section 19.40.050. Upon the hearing, any party may appear in person or by agent or by attorney.

(h)

The city council shall decide the appeal within a reasonable time.

(i)

The city council may reverse or affirm, in whole or in part, or may modify, the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, the city council shall have all the powers of the officer from whom the appeal is taken. The concurring vote of six members of the council shall be necessary to reverse any order, requirement, decision or determination of any such officer.

(j)

Where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of this title, the city council, in passing upon an appeal, may vary or modify any of the regulations or provisions of this title relating to the use, construction, or alteration of buildings or structures or the uses of land so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done.

(k)

An appeal to the city council stays all proceedings in furtherance of the action appealed from unless the officer, from whom the appeal is taken, certifies to the city council that by reason of the fact stated in the certificate a stay, in their opinion, would cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the city council or by a court of record on application and on due cause shown after notice to the officer from the appeal is taken.

(l)

Notice of the decision of the city council shall be in writing and transmitted to the appellant. A copy of such decision shall also be transmitted to the building official or planning commission for action, if action is required.

(m)

Any person, official or governing agency dissatisfied with any order or determination of the city council may appeal the decision by writ of certiorari to the district court of the county within fifteen days after notice of the decision of the city council under the provision of Section 40-47-11 of the North Dakota Century Code.

(Ord. 304, Art. 20, § 2, 1990)

(a)

A variance is the relaxation of the terms of the zoning title in relation to height, area, size, and open space, of specific lots where specific physical conditions, unique to the site, would create an unreasonable hardship in the development of the site for permitted uses.

(b)

A variation in the yard, setback, and height requirements of the any district may be permitted where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, or topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare or where variations may be permitted which allow unusual arrangement on the lot and still clearly and unmistakably accomplish the intent of this title.

(c)

A variance from the terms of this title shall not be granted unless and until a written application for a variance is submitted demonstrating:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

(2)

That literal interpretation of the provision of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

(3)

That the special conditions and circumstances do not result from actions of the applicant;

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district;

(5)

That granting the variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable or unusual hardship or difficulty.

(d)

In granting a variance, the city council must find that the variance is in harmony with the intended spirit and purpose of this zoning title and does not constitute a direct and obvious amendment to the district regulations or district boundaries.

(e)

In exercising the above powers, the city council may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from the building official. The council may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the same powers as the building official from whom the appeal is taken. If the city council approves the variance they shall notify the building official of their decision and shall instruct him to issue a permit.

(f)

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(g)

In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this title. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under Chapter 19.44. Under no circumstances shall the city council grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in the district.

(Ord. 304, Art. 20, § 3, 1990)

(a)

Applications for a variance from the terms of this title shall be made on forms provided by the city.

(b)

Upon receipt of the application and required filing fee, the planning commission shall advertise and hold a public hearing as required in Section 19.40.050.

(c)

Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

After a public hearing the planning commission shall make a recommendation to the city council within a reasonable time. The planning commission shall send written findings of fact, based on testimony and evidence, specifying the reason for their recommendation, a copy of which shall be filed in the office of the city auditor, to be available for public inspection.

(e)

Upon receiving the recommendation of the planning commission, the city council shall approve or deny the request. Upon the hearing any party may appear in person or by agent or by attorney.

(f)

The city council shall grant or deny the variance within a reasonable time. The council may modify the recommendation of the planning commission, in whole or in part, and shall make such order, requirement, decision, or determination as in its opinion ought to be made.

(g)

Notice of the decision of the city council shall be in writing and sent to the applicant. A copy of such decision shall also be sent to the building official for action, if action is required.

(h)

Every variance granted or denied by the city council shall be accompanied by the written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance, a copy of which shall be filed in the office of the city and/or the county auditor, to be available for public inspection.

(i)

Any person, official, or governing agency dissatisfied with the decision of the city council may appeal the decision by writ of certiorari to the district court of Pierce County within fifteen days after notice of the decision of the city council under the provision of Section 40-47-11 of the North Dakota Century Code.

(Ord. 304, Art. 20, § 4, 1990)

The planning commission shall fix a reasonable time for the hearing of an appeal or variance. Notice of the time, place, and subject of such hearing shall be published once in the official city newspaper at least ten days prior to the date fixed for the hearing. A copy of the notice shall be mailed to each party to the appeal or variance.

(Ord. 304, Art. 20, § 5, 1990)

Records shall be kept on all appeals and variances. The records shall show evidence presented, findings of fact, decisions, and voting upon each question. Records of all official actions on appeals and variances shall be filed with the city auditor and shall be a public record.

(Ord. 304, Art. 20, § 6, 1990)

For the purpose of wholly or partially defraying the cost of the proceedings prescribed herein, including publication costs, the applicant, upon filing an appeal, shall pay to the city auditor a fee in the amount set by resolution by the city council. Promptly upon receiving the appeal and required filing fee, the city auditor shall refer the appeal to the city council.

(Ord. 304, Art. 20, § 7, 1990)