(a)

The city council shall appoint a zoning officer to enforce the provisions of this chapter. It shall be the zoning officer's duty to examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents, and make such reports as the city council may require. Permits for construction and uses which are a special exception or variance to requirements of this chapter shall be issued only upon order by the board of adjustment. Nothing contained herein shall require any change in plans or construction of the lawful use, the construction of which is started before the original effective date of this chapter and which is complete within one year of the effective original date of this chapter.

(b)

This chapter shall be enforced by the zoning officer who shall in no case, except under a written order of the board of adjustment or the city council if the board of adjustment's decision has been appealed, issue any permit for the erection or structural alteration of any building, nor grant any zoning and use registration permit for any building or land where the proposed erection, structural alteration, or use thereof would be in violation of any provision of this chapter.

(Rev. Ords. 1986, §§ 16-500, 16-501)

Any request for any amendment or other modification to this chapter shall be reviewed by the planning commission prior to any official action by the city council or board of adjustment.

(Rev. Ords. 1986, § 16-502)

The continuance of nonconforming uses or structures shall be subject to the following limitations:

(1)

Continuation. Any lawful use of a building or land existing at the original effective date of this chapter may be continued, although such use does not conform to the provisions of this chapter.

(2)

Extension. A nonconforming use shall be allowed one, 25 percent expansion of the building. Said expansion shall not exceed 25 percent of the floor area. The extension of a conforming use to any portion of a nonconforming building which existed prior to the effective date of the ordinance from which this chapter is derived shall not be deemed the extension of a nonconforming use.

(3)

Restoration.

a.

Except as otherwise provided, no building damaged by fixture or other causes to the extent of more than 50 percent of replacement value of the total building shall be repaired or rebuilt, except in conformity with the regulations of this chapter.

b.

If a residential building lying within a zoning district classified as Industrial I-1, Business B-1, Central Business B-2 Heavy, or B-3 Highway Business which constitutes a nonconforming use, is destroyed by fire or natural disaster, and there is not otherwise an abandonment of the nonconforming use, it may be repaired or rebuilt and continue as the same nonconforming use in conformity with the provisions of this chapter.

c.

If a detached garage lying within any zoning district classified as Residential or as Business B-1 Central, Business B-2 Heavy, or B-3 Highway Business which constitutes a nonconforming use, is destroyed by fire or natural disaster, and there is not otherwise an abandonment of the nonconforming use and there is an existing curb cut and existing driveway for access and there is existing concrete or other hard surface floor, it may be repaired or rebuilt and continue as the same nonconforming use and conformity with the provisions of this chapter, provided the same is done within one year from the date of destruction. The repaired or rebuilt garage must comply with the current or existing building codes adopted by the city.

(4)

Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any subsequent use shall be in conformity with the provisions of this chapter.

(5)

Substitution of nonconforming uses. No nonconforming use may be changed to any other nonconforming use, unless the board of adjustment shall find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use of the property. The board of adjustment may specify such appropriate conditions and safeguards as may be required in connection with such change.

(6)

Repairs and maintenance. Ordinary repairs and maintenance of a structure containing a nonconforming use shall be permitted.

(7)

Change in use. A nonconforming use shall not be changed except to a conforming or to another use of higher or more restricted classification as provided in this chapter. A change of a nonconforming use in an industrial district to a use which is residential shall not be permitted.

(8)

Amortization of nonconforming signs. Signs and billboards which exist off the site of principal use on the effective date of the ordinance from which this chapter is derived and which are nonconforming in accordance with this chapter shall be made to conform within a period of three years from said date or when the current contract or lease expires which ever occurs first.

(9)

Amortization of nonconforming use of open land. All nonconforming junk yards, storage areas and similar nonconforming uses of open land involving a substantial investment in permanent buildings, shall be torn down, altered or otherwise made to conform within three years from the effective date of the ordinance from which this chapter is derived.

(Rev. Ords. 1986, § 16-400; Ord. No. 853, 6-7-2004; Ord. No. 922, 10-19-2009; Ord. No. 943, 4-2-2012; Ord. No. 959, 5-5-2014)

Plats of record before the effective date of the ordinance from which this chapter is derived shall not be affected by this chapter, except as buildings are proposed they shall conform to yard requirements of the appropriate zoning district.

(Rev. Ords. 1986, § 16-440)

A zoning and use registration permit shall be obtained from the zoning officer for any of the following:

(1)

Occupancy. Occupancy and use of a building hereafter constructed, enlarged, relocated, reconstructed or altered.

(2)

Change. Any change in the use of an existing building.

(3)

Occupancy, vacant land. Occupancy and use of vacant land, or change in the use of land except for any use consisting primarily of tilling the soil.

(4)

Conformity. No such occupancy, use, or change of use shall take place until a zoning and use registration permit therefor has been issued by the zoning officer. No zoning and use registration permit shall be issued unless the proposed occupancy is in full conformity with all the provisions of this chapter.

(5)

Occupancy and use of building or land. A zoning and use registration permit shall be deemed to authorize, and is required, for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect so long as such buildings and the use thereof or the use of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto. However, on the serving of written notice by the zoning officer of any violation of any of said provisions or requirements with respect to any building or the use thereof or of land, the zoning and use registration permit for such use shall thereupon without further action be null and void, and a new zoning and use registration permit shall be required for any further use of such building or land.

(Rev. Ords. 1986, § 16-511)

Application for zoning permits and use registration permits shall be made to the zoning officer in writing upon forms approved by the board of adjustment prior to starting construction or establishing a use, and such forms shall be filled in by the owner or authorized agent, and shall be accompanied by a plan in duplicate, drawn to scale, showing the actual lot dimensions, use and intended use, height, size and location of building or buildings, and shall be accompanied by such date as may be required. Such plans and data shall be final and conclusive and any deviation therefrom shall require a new zoning and use registration permit.

(Rev. Ords. 1986, § 16-512)

(a)

Established. A board of adjustment is hereby established as provided in N.D.C.C. § 40-47-07, the members of which shall be appointed by the city council.

(b)

Membership. The board of adjustment shall consist of seven members, none of whom shall hold an elective office or other official position in the city. Each member shall be appointed to a term of three years. The members of the board shall be removable for cause by the city council upon written charges and after public hearing. A vacancy shall be filled by the city council for the unexpired term of any member who resigns, dies, or is removed. The board shall elect a chair from its members, and a secretary who may, but need not, be a member of the board. Upon request of the board, the city council shall have the right to appoint an alternate member of the board of adjustment, who shall sit as an active member when and if a member of the board of adjustment is unable to serve at any hearing.

(Rev. Ords. 1986, § 16-531; Ord. No. 815, 4-3-2000)

The board shall have authority to expend such sums as may be appropriated by the city council. All requests for variance and special exception, except those initiated by the city council or city planning commission, shall be accompanied by a fee in the amount established by resolution which shall be used to defray the expenses of administration preparation for consideration of the request.

(Rev. Ords. 1986, § 16-532; Ord. No. 815, 4-3-2000)

The board of adjustment shall have the following powers:

(1)

Administrative review. In addition to the functions provided by law, the board of adjustment shall hear and decide appeals from and shall review any order, requirement, permit, decision, or determination made by the zoning officer or other administrative official charged with enforcement of this chapter. The board shall interpret the zoning map.

(2)

Vote required. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the zoning officer or other administrative or to decide in favor of the applicant any matter upon which it is required to pass under the ordinances of the city, or to effect any variation in the ordinances of the city.

(3)

Special exceptions. To hear and decide applications for special exceptions as specified in this chapter and for decisions on any special questions upon which the board of adjustment is specifically authorized to pass.

a.

Before any special exception is granted, the board or council where applicable shall consider:

i.

The effect on neighboring property values.

ii.

The effect on the use of the neighboring properties.

iii.

Traffic patterns and their impact.

iv.

Capacity of city facilities (sewer, water) which serve the area.

v.

The need for the special exception in the community.

b.

Restrictions and safeguards. In granting a special exception, the board or council, where applicable, may attach thereto any conditions, restrictions and safeguards it deems necessary or desirable and for the purposes of this chapter, which may include restrictions or conditions to ensure guidelines set out in this chapter are met including but not limited to: setbacks, heights, area, noise, hours of operation, dust, etc.; violation of any conditions, restrictions or safeguards established for a special exception shall be deemed to be a violation of this chapter and constitute a misdemeanor and subject to property having the special exception revoked.

(4)

Variance. To hear and decide applications for variance from the terms of this chapter because of unnecessary hardship. Before any variance is granted, all of the following conditions must be shown to be present:

a.

Conditions and circumstances are peculiar to the land, structure or building and do not apply to neighboring lands, structures or buildings in the same district.

b.

Strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land, structure or building equivalent to the use made of neighboring lands, structures or buildings in the same district and permitted under the terms of this chapter.

c.

The peculiar conditions and circumstances are not the result of actions of the applicant taken subsequent to the addition of this chapter.

(5)

Financial disadvantages to property owner. Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardship within the purposes of zoning.

(6)

Use not generally permitted. The board does not possess the power to permit a use not generally or by special exception permitted in the district involved.

(7)

Conditions and safeguards. In granting a variance, the board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter. Applicants for variance shall pay an application fee of $50.00 prior to the hearing concerning such application for variance and payment of such fee is a condition precedent to the holding of any hearing to consider the application for variance.

(8)

Appeal to board. An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city. The appeal shall be taken within the time prescribed by rule of the board by filing with the zoning officer or other administrative official from whom the appeal is taken and with the board of adjustment a notice of appeal, specifying the grounds thereof. The zoning officer or other administrative official from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(9)

Hearing. The board of adjustment shall fix a reasonable time for the hearing of the appeal and shall give due notice thereof to the parties. It shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board may reverse or affirm, in whole or in part, or may modify, the order, requirement, decision, determination, permit or refusal 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 board shall have all the powers of the officer from whom the appeal is taken; provided, however, that any application, petition or appeal be anyone not affiliated with the city shall be set over to its next meeting which could be no sooner than one week from the hearing at which the application, petition or appeal was or could have been presented.

(10)

Effect of appeal; restraining order. Any appeal to the board of adjustment stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with the officer that by reason of facts stated in the certificate a stay, in the officer's opinion, would cause imminent peril to life or property. In such a case, proceedings shall not be stayed except by a restraining order which may be granted by the board of adjustment or by a court of record on application and on due cause shown after notice to the officer from whom the appeal is taken.

(Rev. Ords. 1986, § 16-533; Ord. No. 648, 6-3-1991; Ord. No. 815, 4-3-2000; Ord. No. 967, 7-6-2015)

State Law reference— Similar provisions. N.D.C.C. §§ 40-47-8—40-47-10.

Every decision of the board of adjustment is subject to review the following manner:

(1)

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. The appeal must be filed with the finance director/city auditor within 15 days after notice of the decision of the board of adjustment. The city council shall fix a time, within 30 days, for the hearing of the appeal and shall give due notice of the hearing to the parties. The city council shall decide the appeal 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.

(2)

A decision of the city council on an appeal from a decision of the board of adjustment may be appealed to the district court in the manner provided in N.D.C.C. § 28-34-01.

(Rev. Ords. 1986, § 16-534)

State Law reference— Similar provisions. N.D.C.C. § 40-47-11.

Notwithstanding anything to the contrary, the planning commission shall have all powers, duties, responsibilities and authority that would otherwise be possessed by the board of adjustment concerning the extraterritorial zone. The planning commission shall hereafter exercise said powers, duties, responsibilities and authority as and for said extraterritorial zone in place of and in substitution for the board of adjustment. The planning commission's exercise of power, duty, responsibility and authority concerning the extraterritorial zone shall be exercised in the same manner and with the same standards and procedures as is set forth in this chapter or as set forth in other ordinance of the city except that the concurring vote of a majority of the planning commission shall be necessary to reverse any order, requirements, decision or determination of the zoning officer or other administrative official concerning a matter in the extraterritorial zone or to decide in favor of the applicant any matter upon which it is required to pass under this section or other ordinance of the city concerning the extraterritorial zone or to effect any variation in the ordinances of the city concerning the extraterritorial zone.

(Rev. Ords. 1986, § 16-535; Ord. No. 617, 6-4-1990)

Whenever the public necessity, safety, general welfare or good zoning practice justifies such action, and after consideration and recommendation by the city planning commission as provided herein, the city council may change zone district boundaries, use groups or the regulations established by this chapter after public hearing for which public notice is given as provided in section 46-100. A copy of each proposed regulation, restriction, or boundary shall be filed with the finance director/city auditor. No regulation, restriction, or boundary shall become effective until after a public hearing thereon at which parties in interest and citizens shall have an opportunity to be heard. Notice of said hearing shall be published once a week for two successive weeks prior to the time set for said hearing in the official newspaper of the city. Such notice shall contain the following items:

(1)

The time and place of the hearing.

(2)

A description of any property involved in any zoning change, by street address if streets have been platted or designated in the area affected.

(3)

A description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary.

(4)

A statement of the times at which it will be available to the public for inspection and copying at the office of the finance director/city auditor.

Upon establishment of any regulation, restriction, or boundary hereunder the city council shall file a certified copy thereof with the finance director/city auditor and shall cause notice of the same to be published in the official newspaper of the city. Said notice shall describe the nature, scope, and purpose of the regulation, restriction, or boundary, and shall state the times at which it will be available to the public for inspection and copying at the office of the finance director/city auditor.

(Rev. Ords. 1986, § 16-541)

State Law reference— Similar provisions. N.D.C.C. § 40-47-04.

A proposed change of zone district boundaries or regulations may be initiated by the city council, city planning commission, or by application of one or more of the owners of property within the area requested to be changed.

(Rev. Ords. 1986, § 16-542)

Every three months or at the discretion of the zoning officer, the city planning commission will set a public meeting to consider requested changes or amendments to this chapter or zoning map pursuant to the provisions of this section. The rezoning process as specified herein for newly annexed areas or amendments to the test proposed by the city itself may be undertaken at any time.

(Rev. Ords. 1986, § 16-543)

All requests for changes in the zoning map shall be accompanied by the following:

(1)

Intentions. A complete written statement giving reason and intentions for the planned future use of the area proposed for amendment.

(2)

Site plan. A site plan, drawn to scale, showing existing and proposed structures, uses, open spaces, facilities for parking and loading, and arrangements for pedestrian and vehicular circulation of the area proposed for amendment and all abutting properties with their use and zoning district defined.

(3)

Proposed time schedule. A proposed time schedule for beginning and completion of development.

(Rev. Ords. 1986, § 16-544)

All requests for changes in this chapter or the zoning map, except those initiated by the city council or city planning commission, shall be accompanied by a deposit in the amount established by resolution which shall be used to defray the expenses of administrative preparation for consideration of the request.

(Rev. Ords. 1986, § 16-545)

Regulations, restrictions, and boundaries may be amended, supplemented, changed, modified, or repealed from time to time. If a protest against a change, supplement, modification, amendment, or repeal is signed by the owners of 20 percent or more:

(1)

Of the area of the lots included in such proposed change; or

(2)

Of the area adjacent, extending 150 feet from the area to be changed, excluding the width of streets, the amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. The provisions of section 46-95 relating to public hearings, official notice, and publication of regulations, restrictions, and boundaries shall apply equally to all changes or amendments provided in this section; provided, that protests in writing must be filed with the finance director/city auditor prior to the time set for the hearing.

(Rev. Ords. 1986, § 16-546)

State Law reference— Similar provisions. N.D.C.C. § 40-47-05.

The city council shall appoint a commission, to be known as the city planning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. In addition to the members appointed by the city, the city planning commission shall include two persons residing outside the corporate city limits. Such persons shall be appointed by the board or boards of county commissioners of the county or counties within which such zoning authority is to be exercised and shall reside within the territorial limits of the zoning regulation authority exercised by the city, if such persons are available and will serve on the city planning commission. Of the members of the commission appointed by a board or boards of county commissioners pursuant to this section, the first member appointed shall hold office for five years and the second member appointed shall hold office for three years. Thereafter, the members shall be appointed for terms of five years. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The city council shall not hold its public hearings or take action until it has received the final report of the city planning commission. The city planning commission shall be appointed as the zoning commission pursuant to N.D.C.C. § 40-47-06.

(Rev. Ords. 1986, § 16-547)

State Law reference— Similar provisions. N.D.C.C. §§ 40-47-03, 40-47-06.