3-Mar 24 Planning Commission Meeting packet

CASS COUNTY ORDINANCE NOTES REGARDING VARIANCES – 3-17-2022 NDCC 11-33.2-08. Board may adjust enforcement of resolution. [COUNTY SUBDIVISION REGULATION] The board of county commissioners is authorized to adjust the application or enforcement of any provision of a resolution hereunder in any specific case when a literal enforcement of such provision would result in great practical difficulties, unnecessary hardship, or injustice, so as to avoid such consequences, provided such action shall not be contrary to the public interest or the general purposes of this chapter. NDCC 2-04-07. Permits and variances. [AIRPORT ZONING] Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use that person's property in violation of airport zoning regulations adopted under this chapter may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances must be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter. NDCC 40-47-04 [CITY ZONING] 3. The governing body of a city, a city zoning commission, and a board of adjustment shall state the grounds upon which any request for a zoning amendment or variance is approved or disapproved, and written findings upon which the decision is based must be included within the records of the governing body, commission, or board. • The term “variance” is not often used by the NDCC in the context of platting or zoning • The NDCC law pertaining to subdivision regulations offers a functional basis for “variances” without using the term. (11-33.2-08) • 11-33.2-08 names the board of county commissioners as the body to grant a variance and it specifies grounds for it: o Great practical difficulties o Unnecessary hardship o Injustice o Not contrary to the public interest o Not contrary to the general purposes of the chapter authorizing subdivision control • 11-33.2-08 doesn’t specify procedure, but a general principle of land use law is that the process used to establish an ordinance is the process needed to amend it. • Any decision pertaining to property should have procedures to protect due process rights. • Therefore, process logically should include: o Means to apply for a variance o Adequate notice of meeting for consideration of application o Opportunity to be heard at the meeting o Right to present evidence to make your case