CHAPTER 4-07
ADMINISTRATION AND ENFORCEMENT SECTIONS:
4-0701. Administration and Enforcement.
4-0702. Amendments to the Ordinance.
4-0703. Fees.
___________________
SECTION 4-0701. ADMINISTRATION AND ENFORCEMENT. The administration and enforcement of this ordinance is hereby vested in the Administration Official and the Zoning Board of Adjustment of Harwood, North Dakota.
(1) Administrative Official:
(a) Authority and Duties:
1. Issue all building permits and certificates of compliance; issues conditional use permits upon approval of Zoning Board of Adjustment;
2. Conduct inspections of buildings for compliance with zoning ordinances and other applicable codes or ordinances;
3. Maintain records of the regulations and permits;
4. Report the following to the Zoning Board of Adjustment:
a) All complaints stemming from this zoning ordinance;
b) Zoning violations;
c) Applications for conditional use permits; and
d) Applications for variances.
5. Shall investigate violations, violation complaints, and report them to the City Attorney for appropriate action.
(2) Zoning Board of Adjustment: Zoning Board of Adjustment shall consist of five members appointed from the City Council and the Planning and Zoning Commission.
(a) Authorities and Duties:
1. Authorize conditional use permits;
a) Procedure for application and issuance of a conditional use permit shall be as
follows:
1) An application for a conditional use permit shall be submitted to the Administrative Official.
2) The Administrative Official shall report the application to the Zoning Board of Adjustment.
3) Every application for a conditional user permit shall include a plot plan showing:
a. Legal description of the land to be used;
b. Location of all structure and all existing and proposed improvements , including curb-cut access, off-street parking, and other such facilities;
c. Building setbacks from all property lines;
d. Location and type of planting, screening or walls;
e. A timing schedule indicating the start and completion dates of the development;
f. Names and addresses of adjacent property owners;
g. Any additional information that the Zoning Board of Adjustment deems necessary.
4) Within fifteen (15) days of the filing of the application for a conditional use permit, the Zoning Board of Adjustment shall notify in writing adjacent property owners of the proposed conditional use and/or shall consider their comments and shall set a public hearing.
5) If a hearing is requested, it shall be held within sixty (60) days of the filing date of the application.
6) The Administrative Official shall prepare a written statement for the Zoning Board of Adjustment specifying the manner in which the proposed conditional use complies with the provisions governing conditional uses. No application for a conditional use permit shall be granted unless the Zoning Board of Adjustment shall find all of the following conditions present:
a. The conditional use shall not be detrimental to or endanger public health, safety, or general welfare; shall be in harmony with the general purpose of these regulations and shall be appropriate according to number, location, and relationship to surrounding uses;
b. The conditional use shall not substantially impair or diminish the value and enjoyment of other property in the area;
c. The conditional use shall not impede the normal and orderly development of the surrounding property.
d. Adequate utilities, access roads, drainage or other necessary site improvements have been or are being provided.
e. Adequate measures shall be taken to provide entrance to and exit from the property without adverse effects on neighboring properties and traffic congestion in public streets.
f. The conditional use shall conform to all applicable regulations of the district in which it is located.
7) Within fifteen (15) days of the Board of Adjustment’s decision, they shall notify the applicant in writing citing the reasons for approval or disapproval.
2. Hear and decide variances from the terms of this ordinance that will not be contrary to the public interest, where the literal enforcement of this ordinance will result in practical difficulty or unnecessary hardship to the property owner. The procedure for application and review shall be as follows:
a) An application for a variance shall be submitted to the Administrative Official.
b) The Administrative Official shall report the application to the Zoning Board of Adjustment.
c) Every application for a variance shall include the following:
1) Legal description of the property;
2) The reason for the variance request, including a description of the property that prevents its reasonable use under the terms of this ordinance;
3) The type of variance requested, along with the desired specifications of same;
4) An explanation of whether the hardship is unique to the applicant’s property or of a general nature characteristic of other properties;
5) Names and addresses of adjacent property owners;
6) Any other information that the Zoning Board of Adjustment deems necessary.
d) Within fifteen (15) days of the filing of the application, the Board shall notify the adjacent property owners in writing and may hold a public hearing.
e) The Board shall base its findings on evidence presented to it and the following conditions before it may approve a request for a variance:
1) The particular surroundings or the topographic conditions of the property would result in undue hardship.
2) The variance request is not based on a desire for economic or other gains.
3) The alleged difficulty or hardship is caused by this ordinance and has not been created by any person presently having an interest in the property.
4) The variance shall not be detrimental to the public welfare or injurious to other properties in the area.
5) The variance shall not be contrary to the interest and purpose of this ordinance.
f) Within thirty (30) days of the filing of the application for variance, the Zoning Board of Adjustment shall notify the applicant in writing citing the reasons for approval or disapproval.
3. Hear appeals of any person, firm or organization aggrieved by a decision or ruling of the Administrative Official. The Board of shall transmit to the City Council all records on which its decisions are based.
a) Procedures for Appeals:
1) An aggrieved person shall file a petition for a hearing to the zoning Board of Adjustment within thirty (30) days of a decision by the Administrative Official.
2) At the same time, the appeal shall be presented in writing to the Zoning Board of Adjustment and shall specify the grounds for the appeal.
3) The hearing shall be held within a reasonable time after the filing of the petition.
4) Within fifteen (15) days after the hearing, the Zoning Board of Adjustment shall take action and send its decision, by registered mail, to the aggrieved person.
4. Publish notice of all hearings once a week for two successive weeks prior to the date established for the hearing in the official newspaper of the City.
5. Interpret district boundaries on the zoning map.
4-0702. AMENDMENTS TO THE ORDINANCE. The City Council may from time to time on its own motion or on petition or recommendations by the Planning and Zoning Commission amend, supplement, or repeal provisions of this ordinance.
(1) Procedures for Amendment:
(a) Applications for amendments shall be filed with the Administrative Official.
(b) The Administrative Official shall notify the Planning and Zoning Commission of the proposed amendment.
(c) If the zoning map is proposed to be changed, the Planning and Zoning Commission shall notify, by registered mail, all property owners fronting on or within 150 feet of the property in question at least 15 days prior to the public hearing.
(d) The application shall be presented to the public at an official public hearing conducted by the Planning and Zoning Commission. Notice of the hearing shall be published in the official City newspaper once a week for two successive weeks prior to the date established for the hearing. A notice may also be placed in a conspicuous location in the post office.
(e) Following the hearing, the Planning and Zoning Commission shall submit its recommendations concerning the proposed amendment to the City Council.
(f) The City Council shall hold a public hearing on the proposed amendment within thirty (30) days of receipt of recommendations from the Planning and Zoning Commission. Notice of the hearing shall be published in the official City newspaper once a week for two successive weeks prior to the date established for the hearing.
(g) Following the hearing, the City Council shall approve or disapprove the proposed amendment.
(2) Protests to Amendments:
(a) If a protest against an amendment 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 (excluding streets) from the property to be changed, the amendment shall not become effective except by a favorable vote of at least three-fourths (3/4) of the members of the City Council.
4-0703. FEES. For the purpose of administering this ordinance, fees may be established by the City Council.