A Board of Zoning Appeals is hereby created. Such Board shall consist of the Mayor and the City Council.

The Board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the Board, decisions of the Board and voting upon each question. Records of all official actions of the Board shall be filed in its office and shall be a public record.

The fee for defraying the costs of the proceedings prescribed herein shall be set by resolution by the City Council, and shall be on file for inspection at the office of the City Auditor during normal business hours. Promptly upon the filing of the appeal and receipt of the required filing fee, the City Auditor shall present the appeal to the Board which may refer the appeal to the Planning Commission.

(Ord. No. 259, 2-6-2012)

Upon receipt an appeal referred to the Planning Commission for its recommendation, the Planning Commission shall fix a reasonable time for a public hearing on the appeal. Notice of the time, place and subject of the hearing shall be published once in the official city newspaper at least ten (10) days prior to the date of the hearing. After the public hearing, the Planning Commission shall make its recommendation to the Board, however, its decision may be deferred for up to thirty (30) days to gather further evidence.

Upon the filing of the appeal, or if a Planning Commission recommendation has been requested and, after receiving the recommendation of the Planning Commission, or if the Planning Commission has not reported after sixty (60) days, the Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Notice of the time, place and subject of such hearing shall be published once in the official city newspaper at least ten (10) days prior to the date fixed for the hearing. A copy of said notice shall be mailed to each party to the appeal.

The Board of Zoning Appeals shall administer the details of appeals or other matters referred to it regarding the application of the zoning ordinance. The Board shall have the following specific powers.

1.

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 ordinance.

2.

To interpret the provisions of this ordinance in such a way as to carry out the intent and purposes 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 ordinance, where the street layout actually on the ground varies from the street layout as shown on the zoning district map.

3.

To permit a variation in the yard requirements of any district 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 unmistakable accomplish the intent of this ordinance. The Board must find that the granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable or unusual hardship or difficulty.

4.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administration official or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to effect any variation of this ordinance.

1.

Appeals to the Board of Zoning Appeals may be taken 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 ordinance.

2.

Appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing a notice of appeal specifying the grounds thereof and payment of the required filing fee.

3.

Appeals and requests to the Board for variances and exceptions to this zoning ordinance shall be prepared and submitted on forms furnished by the City.

4.

After the filing of the appeal and requisite fee, the Board shall either hold a public hearing on the appeal or refer the appeal to the Planning Commission for its recommendation as provided for in SECTION 4 above and then hold a public hearing on the appeal as provided for in SECTION 5.

5.

Notice of the decision of the Board of Zoning Appeals shall be in writing and transmitted to the appellant. A copy of such decision shall also be transmitted to the Building Official for action, if action is required.

6.

Any person, official or governing agency dissatisfied with any order or determination of said Board may bring an action in the District Court of McKenzie County, North Dakota, to determine the reasonableness of any such order or determination.