Except where herein otherwise stated, the provisions of this Zoning Ordinance shall be administered by the Building Inspector, or such other official or officials as may be designated by the City Commission. It shall be the duty of the Building Inspector to cause the provisions of this Zoning Ordinance to be properly enforced and to administer the same. The Building Inspector duties include but are not limited to the following:

1.

Receive applications.

2.

Issue building permits.

3.

Make and maintain records.

4.

Conduct inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this Zoning Ordinance.

5.

Prepare an annual report to the Planning and Zoning Commission.

6.

Perform such other functions necessary and proper to enforce and administer the provisions of this Zoning Ordinance.

1.

A conditional use is one that may or may not be compatible with other uses in zoning district within which it is located. Potential conditional uses are listed in this Zoning Ordinance for each zoning district. Other uses of the same general character to those listed may be considered for a conditional use permit, provided they are deemed fitting or compatible with the zoning district by the Planning and Zoning Commission.

2.

The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions. The procedure for issuance of conditional use permits as provided for in this Zoning Ordinance is as follows:

a.

The applicant for a conditional use permit shall file applications in writing with in city and pay a fee (see fee schedule) when the applications is filed.

b.

Property owners within 250 feet of the property in question shall be given not less than seven days' notice of the pending issue and when the same will be considered, although failure of any property owner to receive such notification shall not invalidate the proceedings.

c.

The Planning and Zoning Commission shall consider the application at its next regular meeting, after compliance with the provisions of notice above specified.

d.

The applicant or his representative shall appear before the Planning and Zoning Commission and answer any questions concerning the proposed conditional use.

e.

The Planning and Zoning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to prevent such adverse effects.

f.

A conditional use permit shall be required for any business that operates on land zoned B-1 or B-2 that intends to operate between the hours of 11:00 p.m. and 7:00 a.m. The conditions to be considered include but are not limited to:

i)

Off street parking for employees.

ii)

Training of employees to regarding quiet shift changes.

iii)

Controlled garbage regulations.

iv)

Restrictions on operation of vehicles that would violate noise ordinances.

v)

Construction of sound or sight barriers.

vi)

All equipment used must be street legal.

g.

The Planning and Zoning Commission shall made recommendations regarding each application. The report of the Planning and Zoning Commission shall be referred to the City Commission and placed on the agenda of the City Commission at its next regular meeting.

h.

The City Commission shall take action on the application within 60 days after receiving the report of the Planning and Zoning Commission. If it grants the conditional use permit, the City Commission may impose any special conditions it considers necessary to protect the public health, safety and welfare and to achieve the purposes of this Zoning Ordinance.

No building permit required under the provisions of chapter 7-01 may be issued unless the Building Inspector and/or City Planner have determined that the plans, specifications and intended use of such building or structures, or part thereof, conform to the provisions of this title.

(Ord. No. 1075, § 5, 5-4-2021)

Editor's note— Ord. No. 1075, § 5, adopted May 4, 2021, amended 11-07-03 in its entirety to read as herein set out. Former § 11-07-03, pertained to enforcement.

1.

Any person who shall violate or fail to comply with any of the provisions of this Zoning Ordinance shall be guilty of a class B misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $1,500.00 or by imprisonment for not to exceed 30 days for each offense. Each day a violation is permitted to exist shall constitute a separate offense.

2.

In the event of a violation or a threatened violation of this Zoning Ordinance, the Building Inspector, City Commission or any member thereof, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the City Attorney to institute such action.

3.

Any taxpayer or taxpayers of the city may institute mandamus proceedings in District Court to compel specific performance by the proper official or officials of any duty required by the Zoning Ordinance.

4.

In addition to any other remedy, the Planning Commission, upon majority vote, and after appropriate notice and hearing, may assess a fee of up to $200.00 per day for each to property owner or occupant that erects, constructs, reconstructs, alters, repairs, converts, maintains or uses any building, structure, or land in violation of this title. If fees are not paid within 30 days of assessment by the Planning and Zoning Commission, fees may be assessed against the premises where the violation occurred, to the extent permitted by law, and collected and returned in the same manner as other municipal taxes.

(Ord. No. 1075, § 6, 5-4-2021)

1.

Proposals for an amendment to the Zoning Ordinance regulations may be initiated by the City Commission, the Planning and Zoning Commission or by petition of one or more owners of property in the city affected by such proposed amendment.

2.

The Planning and Zoning Commission shall conduct at least one public hearing after a notice of the hearing has been published in the newspaper at least ten days before the hearing. The Planning and Zoning Commission shall consider, but is not limited to considering, the following factors:

a.

What, if any, identifiable conditions related to the application have changed that justify the proposed amendment?

b.

What, if any, error was made in the original ordinance that justifies the proposed amendment?

c.

What are the precedents and the possible effects of such precedent that might result from the approval or denial of the amendment?

3.

The Planning and Zoning Commission shall made recommendations regarding each application.

4.

Following its public hearing, the Planning and Zoning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the City Commission within 30 days after the hearing. If no recommendation is transmitted by the Planning and Zoning Commission within 30 days after the hearing, the City Commission may take action without awaiting such recommendation.

1.

The City Commission or Planning and Zoning Commission may initiate a rezoning application. A property owner wishing to initiate a rezoning of their property may also initiate a rezoning application to the city. Any applications for changes in the boundaries of any zoning district initiated by the owners of property shall be accompanied by the following:

a.

A legal description of the area proposed to be rezoned; the names and addresses of all owners of property lying within such area and a description of the property owned by each.

b.

A site plan buildings and uses upon the lands proposed to be changed.

c.

A list of the showing names and addresses of the owners of all properties within 250 feet including street rights-of-way of the boundaries of the property proposed to be rezoned. The list shall identify the legal description of the property owned by each such person as the same appear on the records of the city.

d.

The present zoning district classification of the area and the proposed zoning district classification.

e.

This application shall be accompanied by a filing fee as set forth in the Valley City Master Fee Schedule.

2.

Before any amendment is adopted, the Planning and Zoning Commission shall hold at least one public hearing thereon after a notice of the hearing has been published in the official newspaper at least ten days before the hearing. The hearing on the rezoning applications shall be held by the Planning and Zoning Commission at its first regular meeting after the application is complete and the requirements of proper notice are met.

3.

The applicant or his representative shall appear before the Planning and Zoning Commission and answer any questions concerning the proposed zoning map amendment.

4.

In reaching its recommendation, the Planning and Zoning Commission shall consider, as applicable:

a.

Information provided by the applicant and included in the zoning application.

b.

Whether there was a mistake on the zoning map that the proposed zoning map amendment would correct.

c.

Whether the character of the neighborhood has changed to such an extent that the zoning map should be amended.

d.

Possible adverse effects of the proposed zoning map amendment including traffic, noise and impacts on the value of the surrounding property.

e.

The impact of the amendment on the ability of the city to provide adequate services and facilities and/or programs that might reasonably be required in the future if the proposed amendment is adopted.

f.

Whether the proposed request is compatible with existing and proposed land uses. See section 11-06-09.

g.

Whether the proposed zoning map amendment conforms to other plans adopted by the city. These plans may include, among other things, utility plans, transportation plans including multi-modal (roadway, pedestrian and bicycle) components and park plans.

5.

The Planning and Zoning Commission shall made recommendations regarding each application.

6.

Following its public hearing, the Planning and Zoning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the City Commission within 30 days after the hearing. If no recommendation is transmitted by the Planning and Zoning Commission within 30 days after the hearing, the City Commission may take action without awaiting such recommendation.

7.

Upon the filing of such report, the City Commission shall hold such public hearings upon the amendments as it deems advisable; however, at least one public hearing thereon shall be conducted and at least 15 days' notice of the time and the place of such hearing shall be published in the official newspaper of the city. After the conclusion of the hearing or hearings, the City Commission may adopt the amendment or any part thereof in such form as it deems advisable.

1.

Appeal of administrative decisions.

a.

The Planning and Zoning Commission shall have the power to hear and decide appeals from and review any order, requirements, decision or determination made by an administrative official charged with the enforcement of the regulations established by title 11, chapter 7-01 or chapter 7-02. An appeal shall not include a request for a variance.

b.

Appeals to the Commission may be taken by any person aggrieved or by an officer, department or board of the city.

c.

A written appeal shall be submitted to the office of the City Attorney stating the decision intended for appeal and the reasoning for the appeal, along with a non-refundable filing fee.

d.

Submission materials and the required fee must be submitted within ten days after the administrative decision occurred, or the appeal shall not be considered. Once the submission is deemed complete, the Planning and Zoning Commission shall consider the appeal at its next regular meeting, unless there is not sufficient time to provide notice or there has not been sufficient time for staff to review. An expedited hearing may be granted in the sole discretion of the Planning and Zoning Commission upon written request of the appellant and payment of an application fee. If the request is denied, the application fee will be refunded less an administrative fee in the amount of $25.00. Notice of a public hearing must be provided to the person(s) filing the appeal.

e.

An appeal shall be granted only if it is determined that the administrative official erred. The decision of the Planning and Zoning Commission must be accompanied by written findings specifying the reason for the decision, which must be prepared by the City Attorney and filed with the Planning and Zoning Commission within ten days. Notice of the written findings and decision must also be provided to the pertinent parties.

f.

A decision of the Planning and Zoning Commission may be appealed to the Board of City Commissioners. The appeal must be filed with the City Auditor's Office within 10 days from the date of service of the written decision, along with the appropriate filing fee.

g.

A decision of the Board of City Commissioners may be appealed to the District Court pursuant to N.D.C.C. Ch. 28-34.

h.

This subsection is also intended to apply to relief from administrative interpretations involving the meaning and implementation of the provisions of title 11, chapter 7-01 and chapter 7-02, as well as administrative determinations as to the precise location of boundary lines between zoning districts.

2.

Variances.

a.

The Planning and Zoning Commission shall have the power to hear and decide requests for specific variances from the requirements of this Zoning Ordinance.

b.

Prior to submitting an application for a variance, applicants are encouraged to meet with the appropriate enforcing officer to review the request and resolve potential issues.

c.

Variance applications shall be submitted to the enforcing officer on a form approved by the officer, along with a non-refundable application fee.

d.

Variance applications must include a statement that includes the particular regulation or provision of the Zoning Ordinance from which a variance is requested and how the property qualifies for the variance. Where applicable, the enforcing officer may require additional information, including a site plan, drawn to scale, showing the location of all proposed structures, easements, rights-of-way and vehicular access onto the property.

e.

Applications will not be considered until the application is deemed complete by the enforcing officer and the required fee has been paid. Complete applications will be presented and a public hearing shall be held at the next regular meeting of the Planning and Zoning Commission, unless there is not sufficient time to provide notice or there has not been sufficient time for staff to review. An expedited hearing may be granted in the sole discretion of the Planning and Zoning Commission upon written request of the applicant and payment of an expedited hearing application fee. If the request is denied, the application fee will be refunded less an administrative fee in the amount of $25.00. Notice of the public hearing must be provided to the person(s) filing the application.

f.

The enforcing officer will prepare a report with a recommendation based upon the review criteria set forth in subdivision j.

g.

A variance may be granted where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations; and the Planning and Zoning Commission shall have the power to vary or modify the application of any of the regulations or provisions of this Zoning Ordinance relating to the use, construction, structural changes in, equipment or alteration of buildings or structures, or the use or development of land, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. However, this section shall not apply to variances from the Building Code. The decision of the Planning and Zoning Commission must be accompanied by written findings specifying the reason for the decision, which must be prepared by the City Attorney and filed with the Planning and Zoning Commission within 10 days. Notice of the written findings and decision must also be provided to the applicant.

h.

A decision of the Planning and Zoning Commission may be appealed to the Board of City Commissioners. The appeal must be filed with the City Auditor's Office within 10 days from the date of service of the written decision, along with the appropriate filing fee.

i.

A decision of the Board of City Commissioners may be appealed to the District Court pursuant to N.D.C.C. Ch. 28-34.

j.

No variances from the terms of this Zoning Ordinance shall be authorized unless all the following facts and conditions exist:

(i)

That there are extraordinary or exceptional circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district, and that strict application of the Zoning Ordinance would deprive the applicant of reasonable use of the property. Factors to be considered include but are not limited to exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical, topographical, or geologic features.

(ii)

That the alleged extraordinary or exceptional circumstances or conditions have not resulted from the actions of the applicant, and are not based solely on economic reasons.

(iii)

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.

(iv)

That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Ordinance or the public interest.

(v)

No variance shall be authorized unless the Planning and Zoning Commission specifically finds that the condition, situation, or intended use of the subject property, is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.

k.

An approved variance shall be void if not constructed or otherwise put into effect within one year after final approval. Upon written request, the Planning and Zoning Commission may grant an extension or establish a different time limit for any variance if warranted by special circumstances. A variance that is damaged, destroyed or discontinued after being put into effect is subject to chapter 11-08.

3.

The fees required in this section shall be set by resolution of the Board of City Commissioners.

(Ord. No. 1099, § 3, 4-5-2022)

A schedule of fees for any reviews required by this Zoning Ordinance shall be established by resolution of the City Commission in the City of Valley City Master Fee Schedule and revised periodically, as necessary. The Commission also has authority, pursuant to this section, to establish fees for late applications and requests to hold special meetings of the Planning and Zoning Commission.

(Ord. No. 1101, § 1, 4-19-2022)