ZONING ORDINANCE - Stark County, North Dakota

8.8 Protest and Appeal
d) time and place for public inspection of documents prior to the
hearing.
In cases where a proposed amendment to the Zoning Ordinance and Map
affects a property use, the Zoning Administrator shall notify all properties
within two (200) feet of the property in question by personal service or by
certified or registered mail, addressed to the owner and mailed to his or her
last address as shown on the records of the Stark County Treasurer. The costs
of the service shall be borne by the applicant.
8) The Planning and Zoning Commission, following a public hearing, shall
make a recommendation to the County Commission for the approval or
denial of a zoning map amendment. If it is determined additional information
is needed, the Planning and Zoning Commission may also table the request
for a zoning map amendment to a future meeting.
9) Upon receipt of the recommendations of the Planning and Zoning
Commission, the Commission shall approve, deny, approve with
modification the proposed amendment or remand to the Planning and Zoning
Commission for further consideration.
10) If the Commission denies an application for a zoning map amendment, an
application for the same zoning district or any portion of the subject tract
may not be refiled by the original applicant for six months from the date of
the Commission’s action on the proposed amendment
Any person aggrieved by a decision of the zoning administrator or County Commission may
protest the decision or appeal the decision to the district court. Protests or appeals to the
Board of County Commission do require a formal application and are initiated with the
zoning administrator.
1) A protest of a zoning amendment approved by the county commission shall be filed
within ten (10) days of the approval of the amendment The protest shall be signed
by not less than 20 percent of the owners of:
a) The area of the lots included in the proposed change; or
b) The area adjacent, extending two hundred (200) feet from the area to be
changed excluding the width of streets (roads).
2) Following the filing of a protest a public hearing shall be scheduled. Notice of the
time and place of the public hearing shall appear in the official newspaper of Stark
County not less than two (2) weeks prior to the date of the hearing.
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