This chapter shall officially be known as the "Land Development Code of the City of Fargo, North Dakota," and cited as Chapter 20 of the Fargo Municipal Code. It is hereinafter referred to as the "Land Development Code" or "LDC."

This Land Development Code is adopted pursuant to the authority granted by Chapters 40-47, 40-48 and 40-50 of the North Dakota Century Code.

The regulations of this Land Development Code apply to all land within the corporate limits of the City of Fargo and to land within the Extraterritorial Jurisdiction of the City.

This Land Development Code is intended to implement Fargo's Comprehensive Plan and related policies in a manner that protects the health, safety, and general welfare of the citizens of Fargo.

The provisions of this Land Development Code are to be interpreted as the minimum requirements necessary to advance the Land Development Code's stated purposes. No building or structure may be erected, converted, enlarged, reconstructed or altered and no land use may occur except in accordance with all of the regulations established by this Land Development Code for the zoning district in which the building, structure or land use is located.

A.

Conflict with State or Federal Regulations
If the provisions of this Land Development Code are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.

B.

Conflict with Other City Regulations
If the provisions of this Land Development Code are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control.

C.

Conflict with Private Restrictions
It is not the intent of this Land Development Code to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Land Development Code impose a greater restriction than imposed by a private agreement, the provisions of this Land Development Code will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Land Development Code, the provisions of the private agreement will control. The City does not enforce private agreements or maintain a record of such agreements.

The boundaries of the zoning districts established by this Land Development Code are shown on a map or series of maps designated the "Zoning District Map," which is adopted and made a part of this Land Development Code as fully as if it were set out in this Chapter in detail. Original copies of the zoning district map are maintained in the office of the Zoning Administrator. In case of any dispute regarding the zoning classification of property subject to this Land Development Code, the original maps maintained by the Zoning Administrator will control. The Zoning Administrator shall be responsible for producing all updates of the zoning map.

A.

Omitted Land
The zoning classification of any land that does not appear to be classified within any of the districts shown on the zoning map shall be AG.

B.

District Boundaries
The following rules will govern interpretations regarding the location of zoning district boundaries shown on the zoning map.

1.

Streets, Waterways and Railroads
Zoning district boundaries follow the centerlines of streets, alleys, waterways, railroad rights-of-way and other similar features, unless otherwise clearly indicated. When a boundary line shown on the zoning map appears to coincide with a street, alley, waterway or railroad right-of-way, the centerline of that street, alley, waterway or railroad right-of-way will be construed to be the zoning district boundary line.

2.

Street Vacations
Whenever any street, alley or public way is vacated by official action of the Board of City Commissioners, the zoning districts adjoining each side of such street, alley, or public way will be automatically extended to the center of such vacation and all area included in the vacation will be subject to all regulations of the extended district.

3.

Lot Lines
A zoning district boundary shown as approximately following the boundary line of a lot or separate parcel of land will be construed to be the boundary of the lot or parcel of land. If a lot line cannot be used to determine the boundary, its location will be determined by use of the scale shown on the zoning map.

4.

Uncertainties
Where actual on-the-ground conditions contradict those shown on the zoning map, or in cases of any other uncertainties regarding, the location of zoning district boundaries will be determined by the Zoning Administrator.

When the City Commission elects to exercise its zoning authority within its Extra-Territorial Zoning Jurisdiction, it shall have the following three options:

To classify such land in the AG zoning district;

To classify such land in a zoning district that reflects the existing use of the property; or

To classify such land in any other zoning district included in this Land Development Code, in accordance with the procedures of Sec. 20-0906.

A.

Violations Continue
Any violation of the previous zoning or subdivision regulations of the City will continue to be a violation under this Land Development Code and be subject to penalties and enforcement under Article 20-011, unless the use, development, construction or other activity complies with the provisions of this Land Development Code.

B.

Nonconformities Under Previous Code
Any nonconformity under the previous zoning regulations of the City will also be a legal nonconformity under this Land Development Code, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under a previous regulation becomes conforming because of the adoption of this Land Development Code, or any subsequent amendment to it, then the situation will no longer be a nonconformity.

C.

Completion of Development

1.

Permit Issued Before February 17, 1998
Any building or development for which a permit was issued before February 17, 1998, may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this Land Development Code. If construction is not commenced or completed according to the applicable permit terms, the Board of City Commissioners may, for good cause shown, grant an extension of up to 6 months for such construction. If the building is not completed within the time allowed under the original permit or any extension granted, then the building may be constructed, completed or occupied only in compliance with this Land Development Code.

2.

Subdivision Plats Approved Before February 17, 1998
Any subdivision for which a preliminary or final plat was approved before February 17, 1998, may be completed according to the approved plat and other applicable permits and conditions, even if the subdivision does not fully comply with the provisions of this Land Development Code. If the subdivision is not completed within the time requirements established by prior code or within any schedule included in the approval of the plat, the Board of City Commissioners may grant one extension of time for the completion of the subdivision. If the subdivision is not completed within the time required under the original approval or any extension granted, then the subdivision may be completed only in compliance with this Land Development Code.

D.

Zoning District Conversions
The zoning district names in effect before February 17, 1998, are converted as follows:

Source: 3062 (1999).

If any Court of competent jurisdiction declares any part of this Land Development Code to be invalid, that ruling will not affect any other provisions of this Land Development Code not expressly included in the ruling.