of North Dakota for the year 1913 is hereby amended and reenacted to read as follows:

Sec. 3716. PAYMENT OF DEFICIENCY.) Whenever all special assessments collected for a specific improvement are insufficient to pay the special improvement warrants issued against such im. provement with interest, the city council or city commission, as the case may be, shall upon the maturity of the last special improvement warrant, levy a tax upon all the taxable property in the city for the payment of such deficiency, and in case of a balance of such special assessment remaining unexpended, it may be used for repairs of such improvement.

Approved February 26th, 1923.

CHAPTER 175.

(H. B. No. 8-Jardine.)

CITY ZONING.

An Act to Empower all Cities having a population in excess of six thousand inhabitants, by the Federal Census of 1920, or by any subsequent Federal Census, to Provide for the establishment of Districts or Zones within the corporate limits, and to empower such Cities by ordinance, to regulate within such zones or districts, the use or uses of land, the height, the area, the size and the location of buildings, the required open spaces for the light and ventilation of such buildings and the density of population; to provide for a Board of Appeals, and for the carrying out of such ordinances and to provide a penalty for the violation thereof.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. GRANT OF POWER.) For the purpose of promoting health, safety, morals, or the general welfare of the community, the City Council or City Commission of any city having a population in excess of six thousand inhabitants by the Federal Census of 1920, or by any subsequent Federal Census is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be so occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes. Such regulations may provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent, and in accordance with general or specific rules therein contained.

Sec. 2. DISTRICTS.) For any or all of said purposes it may divide the City into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this Act; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

Sec. 3. PURPOSES IN VIEW.) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, to prevent the over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things as to the character of the district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such City.

Sec. 4. METHOD OF PROCEDURE.) The City Council or City Commission of such City shall provide for the manner in which such regulations and restrictions and the Boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such City.

Sec. 5. CHANGES.) Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of twenty per cent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred and fifty feet therefrom, or of those directly opposite thereto, extending one hundred and fifty feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council or the City Commission of such City. The provisions of the previous section relative to public hearings and official notice shall apply equally to all changes or amendments.

Sec. 6. ZONING COMMISSION.) In order to avail itself of the powers conferred by this Act, such City Council or City Commission shall appoint a commission to be known as the Zoning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such Zoning Commission shall make a preliminary report and hold public hearings thereon before submitting its final report; and such City Council or City Commission shall not hold its public hearings or take action until it has received the final report of such Zoning Commission. Where a city plan commission already exists, it may be appointed as the Zoning Commission.

Sec. 7. BOARD OF ADJUSTMENT.) Such City Council or City Commission may provide for the appointment of a board of adjustment consisting of five members, each to be appointed for three years. Such board of adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this Act. It shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. Every decision of such board shall, however, be subject to review by certiorari. Such appeal may be taken by any person aggrieved or by an officer, department board or bureau of the City.

Such appeal shall be taken within such time as shall be prescribed by the board of adjustment by general rule by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal 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 him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril of life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

The board of adjustment shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination 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 shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings, or structures or the uses of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

Sec. 8. REMEDIES.) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used in violation of this Act or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, contruction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

Sec. 9. CONFLICT WITH OTHER LAWS.) Wherever the regulations made under authority of this Act require a greater width or size of yards, or courts, or requires lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this Act shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under the authority of this Act, the provisions of such statute, or local ordinance or regulation shall govern.

Approved February 23rd, 1923.

COMMISSIONER OF IMMIGRATION

CHAPTER 176.

(S. B. No. 197-Van Camp.)

COMMISSIONER OF IMMIGRATION.

An Act To Amend and Re-enact Chapter 146 of the Session Laws of 1919 Relating to the Office of Commissioner of Immigration, Prescribing His Powers and Duties, and Making an Appropriation Therefor, and Repealing All Acts and Parts of Acts in Conflict Therewith.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. AMENDMENT.) Chapter 146 of the Session Laws of North Dakota for the year 1919 is hereby amended and re-enacted to read as follows:

Sec. 1. There is hereby created the office of Commissioner of Immigration for the State of North Dakota. The governor shall appoint a competent person Commissioner of Immigration of the State for a term of two years who shall receive a salary of three thousand ($3,000.00) dollars per annum. He shall furnish bond in the sum of one thousand ($1000.00) dollars for the faithful performance of his duties.

Sec. 2. It shall be the duty of the Commissioner of Immigration to advertise the resources of this states; to collect, accитиlate and distribute facts, statistics and information with reference to the educational facilities, social conditions, government, industries, and industrial conditions, and natural resources of the state; the advantages and opportunties offered by the state as a place of residence therein for farmers, laborers and mechanics, and especially the advantages for farming, dairying, cattle-raising, mining, manufacturing and all other industries, for the purpose of securing immigration, and settlement and the bringing of settlers, investors and industries to the State. The Commissioner of Immigration shall publish, advertise and distribute facts, statistics, and information concerning the matters herein mentioned, by means of bulletins, pamphlets, correspondence or advertisements in newspapers throughout the United States. The Commissioner of Immigration shall answer all inquiries of persons residing within or without the state upon the subject herein mentioned. The Commissioner of Immigration shall also co-operate with the United States Bureau of Immigration and shall so far as practicable and possible, assist, immigrants and others to find homes in North Dakota.