A.

Meanings and Intent
All provisions, terms, phrases and expressions contained in the Land Development Code shall be construed accordidng to the LDC's stated purpose and intent.

B.

Headings, Illustrations and Text
In case of any difference of meaning or implication between the LDC's text and any heading, drawing, table or figure, the text will control.

C.

Commentary
When a provision of this Land Development Code requires additional explanation to clarify its intent, a "Commentary" is included. These Commentaries are intended as a guide for administrative officials and the public to use in interpreting the Land Development Code.

D.

Computation of Time
The time within which an act is to be completed will be computed by including the first day and excluding the last day. If the last day is a Saturday, Sunday or legal holiday, that day will be excluded. In the computation of time for public hearing notice, the day of the advertisement will be counted and the day of the hearing will be excluded.

E.

References to Other Regulations, Publications and Documents
Whenever reference is made to another regulation, document or publication, it will be construed as a reference to the most recent edition of such regulation (as amended), document or publication, unless otherwise expressly stated.

F.

Delegation of Authority
Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate the responsibility to subordinates.

G.

Technical and Nontechnical Terms
Words and phrases will be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law will be construed and understood according to such meaning.

H.

Public Officials and Agencies
All public officials, bodies, and agencies to which references are made are those of the City of Fargo, unless otherwise indicated.

I.

Mandatory and Discretionary Terms
The words "shall," "will," and "must" are always mandatory. The words "may" and "should" are discretionary terms.

J.

Conjunctions
Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows:

"And"
indicates that all connected items, conditions, provisions or events apply; and

"Or"
indicates that one or more of the connected items, conditions, provisions or events may apply.

K.

Tenses and Usage
Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.

The following terms shall have the meanings ascribed to them:

1.

Accessory Use: A use or structure that:

a.

Is clearly incidental to and customarily found in connection with a principal structure or use;

b.

Is subordinate in area, extent and purpose to the principal building or use;

c.

Contributes to the comfort, convenience or necessity of occupants of the principal use; and

d.

Is located on the same lot and in the same zoning district as the principal use.

2.

Adult Arcade: A commercial establishment to which the public is permitted or invited that maintains booths or rooms smaller than 100 square feet, wherein image-producing devices are regularly maintained to show images characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

3.

Adult Bookstore: A commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria:

a.

At least 30% of the establishment's displayed merchandise consists of said items, or

b.

At least 30% of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items, or

c.

The establishment maintains at least 30% of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items); or

d.

The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items); or

e.

The establishment regularly offers for sale or rental at least five hundred (500) of said items; or

f.

The establishment regularly makes said items available for sale or rental and holds itself out, in any medium, as an establishment that caters to adult sexual interests.

In this definition, "floor space" means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

4.

Adult Cinema: A commercial establishment to which the public is permitted or invited that maintains viewing rooms that are 100 square feet or larger wherein films or videos characterized by their emphasis upon "specified sexual activities" or "specified anatomical areas" are regularly shown.

5.

Adult Entertainment Facility: A nightclub, juice bar, restaurant, or similar commercial establishment that regularly offers live semi-nude conduct. No establishment shall avoid classification as an adult entertainment facility by offering nude conduct.

6.

Adult Establishment: An Adult Arcade, Adult Bookstore, Adult Cinema, Adult Entertainment Facility, or a Sexual Device Shop.

7.

Airport: Hector International Airport.

8.

Airport Elevation: The established elevation of the highest point on the usable landing area.

9.

Airport Hazard: Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking-off of aircraft.

10.

All Weather Surface: Any surface that is durable and reasonably free of dust or mud. Such surfaces shall include, but not be limited to concrete, asphalt, paving blocks, brick, and other similar materials intended for outdoor motor vehicle use. They shall not include dirt, grass, or gravel. Crushed concrete, asphalt millings, or approved similar materials are acceptable in LI or GI zoning districts in areas used for rear-yard circulation and/or loading, but not used for required parking.

11.

Animal Confinement: Any lot or building or combination of lots or buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that vegetative cover cannot be maintained within the enclosure.

12.

Antenna Array: One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). It does not include a "telecommunications support structure."

13.

Block: An area of land bounded entirely by streets.

14.

Boundary Line Adjustment: An adjustment in the boundary between adjoining lots if the adjustment does not create an additional or substandard lot or necessitate new roadway construction or right-of-way dedication.

15.

Building: A structure having a roof supported by columns or walls.

16.

Building Coverage: The area of a lot covered by buildings (principal and accessory) or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three feet of a roof overhang.

17.

Characterized by: Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as an adult establishment by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

18.

Decision-Making Body: A person or group authorized in this Land Development Code to conduct land use reviews and take action on the matter under review.

19.

Density: The number of dwelling units for each acre of land. See also Sec. 20-0504. Density may also be expressed as the amount of land area per dwelling unit.

20.

Developer: The person proposing to develop land, either as an owner of said land or as an agent of the owner.

21.

Dwelling Unit: A building or portion of it designed and used for residential occupancy by a single household and that includes exclusive sleeping, cooking, eating and sanitation facilities. Buildings with more than one set of cooking facilities are considered to be multi-dwelling structures unless the additional cooking facilities are clearly accessory, such as an outdoor grill.

22.

Essential Services: The erection, construction, alteration, maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, street lights, traffic signals, hydrants, and other similar equipment, and accessories in connection therewith, but not including buildings, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare.

23.

Floor Area (Gross): The total square footage within a structure calculated by using the measurements from the exterior walls.

24.

Garage: An accessory building or portion of a main building used for the storage of motor vehicles.

25.

Height, Building: The vertical distance between the average finished grade at the base of the building and: 1) the highest point of the coping of a flat roof; 2) the highest point of a mansard roof; or 3) the average height level between the eaves and ridge line of a gable, hip or gambrel roof. For the purpose of the HIA-O, Hector International Airport Overlay district regulations the datum shall be mean sea level elevation unless otherwise specified.

26.

Home Occupation: A business, profession, occupation or trade conducted for gain, conducted within a dwelling unit, including an attached or detached garage accessory to the dwelling unit, for gain or support by a resident of the dwelling unit.

27.

Household: Any one of the following:

a.

One or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwelling unit; or

b.

A group of not more than 3 persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit;

c.

Two unrelated persons and their children living together in a dwelling unit; or

d.

Any group of people living together that meets the definition of "protected class," as that term is defined in the North Dakota law.

28.

Landing Area: the area of the airport used for the landing, taking off or taxying of aircraft.

29.

Lot: The entire parcel of land occupied or intended to be occupied by a principal building and its accessory buildings, or by a group such as a dwelling group or automobile court and accessory buildings, including the yards, setbacks and open spaces required by this Land Development Code and other applicable law. When a lot is used together with 1 or more contiguous lots for a single use or unified development, all of the lots so used, including any lots used for off-street parking, shall be considered a single lot.

30.

Lot, Legal:

a.

A lot that is shown on a Subdivision plat that has been recorded in the office of the County Register of Deeds; or

b.

A lot created through a Boundary Line Adjustment.

31.

Lot, Corner: A lot abutting two or more streets at their intersection.

32.

Lot, Interior: A lot other than a corner lot.

33.

Lot Lines: The property lines along the edge of a lot or site.

a.

Front Lot Line: A lot line that abuts a street. A through lot has 2 front lot lines.

b.

Side Lot Line: Any lot line except a front or rear lot line.

c.

Rear Lot Line: A lot line that is opposite a front lot line. A triangular lot has two side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line.

d.

Interior Side Line: A side lot line that does not abut a street.

e.

Street Side Lot Line: A lot line that is both a side lot line and a street lot line.

f.

Lot Line, Street: Any lot lines that abut a street. Street lot line does not include lot lines that abut an alley. On a corner lot, there are two (or more) street lot lines. Street lot line can include front lot lines and side lot lines.

34.

Lot, Reverse Corner: A corner lot whose front does not face the same street as the adjacent lot.

35.

Lot, Through: A lot having its front and rear lines on different streets.

36.

Lot Width: The horizontal distance between side lines measured along a line that is parallel to the front lot line and located the minimum exterior setback distance from the front lot line.

37.

Mobile Home Space: That part of a Mobile Home Park that has been reserved for the placement of the mobile home, appurtenant structures, or additions.

38.

Mobile Home Park: A parcel of land under single ownership that has been planned and improved for the placement of mobile homes for nontransient use.

39.

Negative Access Easement: An easement, usually designated on a plat, which operates to deny direct access to a street or public way from the lot or lots adjacent to such street or way.

40.

Nonconforming Lot: Lots that were legally created in accordance with zoning district minimum lot size and dimensional standards in effect at the time of their creation, but which, because of amendments to the zoning regulations, no longer comply with the minimum lot size or other dimensional standards of the zoning district.

41.

Nonconforming Structure: Buildings or structures that were established in accordance with all zoning regulations in effect at the time of their establishment, but which, because of amendments to the zoning regulations, no longer comply with the dimensional standards of the underlying zoning district.

42.

Nonconforming Use: Uses that were established in accordance with zoning regulations in effect at the time of their establishment, but which, because of amendments to the zoning regulations, no longer comply with the use regulations of the underlying zoning district.

43.

Nonprecision Instrument Runway: A runway equipped or to be equipped with an instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment.

44.

Nudity or Nude Conduct: The showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola. For purposes of this chapter, a "fully opaque covering" must not consist of any substance that can be washed or peeled off the skin (such as paint, make-up, or latex).

45.

Official Map: A map established by the Board of City Commissioners showing the streets, highways and drainage systems theretofore laid out, adopted and established by law, including new subdivision plats approved by the Board of City Commissioners and the subsequent filing of such approved subdivision plats.

46.

Open Space: An outdoor, unenclosed area, located on the ground or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but not including roads, parking areas, driveways, or other areas intended for vehicular travel.

47.

Open Space, Common: Open space within a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents or occupants of the development. Common Open Space does not include areas used for streets, alleys, driveways, or off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be counted as common open space.

48.

Parcel: A contiguous area of land in the possession of, owned by, or recorded as the property of the same person or persons.

49.

Perimeter Street: Any street or road which is on the perimeter of the parcel of land to be subdivided and which abuts said parcel on only one side.

50.

Precision Instrument Runway: A runway equipped or to be equipped with an Instrument Landing System (ILS), or a Precision Approach Radar (PAR).

51.

Principal Building: A building occupied by the principal use of the lot on which it is situated.

52.

Property Owner: The person who is shown by the County Register of Deeds as the record owner of a lot or parcel.

53.

Public Improvement: Any improvement for use by the general public and for which a governmental unit may ultimately assume the responsibility for maintenance and operation.

54.

Public Utility: Any person, firm, corporation, municipal department, or board duly authorized to furnish, and furnishing, under public regulation, to the public, electricity, gas, heat, power, steam, telephone, telegraph, transportation, or water.

55.

Regional Shopping Mall (Enclosed): A group of retail and other commercial establishments that is planned, developed, and managed as a single property, with on-site parking provided around the perimeter of the shopping center, and that is generally at least forty acres in size and flanked by two or more large "anchor" stores, such as department stores. The common walkway or "mall" is enclosed, climate-controlled and lighted, usually with an inward orientation of the stores facing the walkway.

56.

Registered Engineer: An individual licensed and registered as a professional engineer under the laws of the state of North Dakota.

57.

Registered Land Surveyor: An individual licensed and registered as a professional land surveyor under the laws of the state of North Dakota.

58.

Regularly: The consistent and repeated doing of an act on an ongoing basis.

59.

Residential Structure Types:

a.

House, Attached: A dwelling unit that shares one or more common or abutting walls with one or more dwelling units. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also called a townhouse.

b.

House, Detached: A dwelling unit located on its own lot that is not attached to any other dwelling unit, including a residential-design manufactured housing unit.

c.

Duplex: A single structure that contains 2 primary dwelling units on one lot. The units may share common walls or common floor/ceilings.

d.

Group Living Structure: A structure that contains sleeping areas and at least one set of cooking and sanitary facilities that is used as a residence for Group Living uses.

e.

Manufactured Housing Unit: A dwelling unit constructed in accordance with Federal Manufactured Housing Construction and Safety Standards (HUD code) in effect after June 15, 1976. For the purpose of this Land Development Code, the term "manufactured housing unit," when used by itself, shall not include a "residential-design manufactured housing unit" as defined in this section.

f.

Mobile Home: A transportable, factory-built structure that was manufactured prior to enactment of or otherwise does not comply with the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401) and that is designed to be used as a single dwelling unit.

g.

Multi-Dwelling Structure: A structure that contains 3 or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure is not divided into separate lots. Multi-dwelling includes structures commonly called garden apartments, apartments and condominiums.

h.

Residential-Design Manufactured Housing Unit: A manufactured housing unit that meets the following criteria:

(1)

Is constructed on a permanent foundation that complies with the Uniform Building Code and the City's Building Code;

(2)

Has a minimum front width of 24 feet and a minimum depth of 20 feet;

(3)

Has a predominantly double-pitched roof with a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run and a minimum eave projection and roof overhang of 10 inches on at least 2 sides. Gutters shall be counted in calculating roof overhang.

(4)

Uses siding and roofing materials customarily used on site-built homes within the City of Fargo;

(5)

Has a minimum gross floor area of 960 square feet; and

(6)

Has a minimum ceiling height of 7 feet.

60.

Review Body: A person or group authorized in this Land Development Code to conduct land use reviews and offer recommendations but not to take final action on the matter under review.

61.

Runway: the paved surface of an airport landing strip.

62.

Semi-Nude or Semi-Nudity: The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks, with less than a fully opaque covering. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part. For purposes of this chapter, a "fully opaque covering" must not consist of any substance that can be washed or peeled off the skin (such as paint, make-up, or latex).

63.

Setback: The distance that is required by this Land Development Code to be maintained in an unobstructed state between a structure and the lot line of the lot on which the structure is located. Note: The term "setback" refers to a required minimum area, while the term "yard" refers to the actual open area.

a.

Front Setback: A setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

b.

Interior Side Setback: A setback that is to extend from the front lot line to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.

c.

Rear Setback: A setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.

d.

Street Side Setback: A setback that is to extend from the front lot line to the rear lot line along the street side of a corner lot, the required depth of which is measured as the minimum horizontal distance between the street side lot line and a line parallel thereto on the lot.

64.

Sexual Device: Any three (3) dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, nipple, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily designed for protection against sexually transmitted diseases or for preventing pregnancy.

65.

Sexual Device Shop: A commercial establishment:

a.

where more than 100 sexual devices are regularly made available for sale or rental; or

b.

where sexual devices are regularly made available for sale or rental and the establishment regularly gives special prominence to sexual devices (e.g., by using lighted display cases for sexual devices, having a large variety of sexual devices, having a room or discrete area of the establishment significantly devoted to sexual devices, or positioning sexual devices near cash registers or similar points of sale).

This definition shall not be construed to include an establishment located within an enclosed regional shopping mall, an establishment containing a pharmacy that employs a licensed pharmacist to fill prescriptions on the premises, or an establishment that is enrolled in Medicare as a durable medical equipment, prosthetics, and supplies (DMEPOS) supplier.

66.

Solar Energy Collector: A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.

67.

Specified Anatomical Areas:

a.

Less than completely and opaquely covered:

(1)

Human genitals, pubic region;

(2)

Buttocks;

(3)

Female breast below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

68.

Specified Sexual Activities:

a.

Human genitals in a state of sexual stimulations or arousal;

b.

Acts of human masturbation, sexual intercourse, or sodomy; and

c.

Fondling of human genitals, pubic region, buttock or female breast.

69.

Street: A public or private way used or intended to be used for passage or travel by motor vehicles. Streets are further classified according to their design and the function they perform. The hierarchy of streets is as follows:

a.

Local Street: A street intended to provide direct access to abutting property and access to higher classification streets.

b.

Local Collector Street: A street that connects traffic from local streets and higher classification streets and that may provide direct access to abutting property.

c.

Collector Street: A street that connects traffic from lower classification streets and higher classification streets and that does not provide direct access to abutting property.

d.

Minor Arterial Street: A street with signals at major intersections and stop signs at side streets and that collects and distributes traffic to and from collector streets.

e.

Principal Arterial Street: A street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterial streets.

70.

Structural Alteration: Any change, addition or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters or trusses.

71.

Structure: Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.

72.

Subdivision: The division of a tract or parcel of land into lots for the purpose of, whether immediate or future, sale or of development.

73.

Subdivision, Major: Any subdivision that does not meet the definition of a "Minor Subdivision."

74.

Subdivision, Minor: A subdivision that meets all of the following criteria:

a.

Does not require the dedication of rights-of-way or construction of new streets;

b.

Does not create any public improvements other than sidewalks;

c.

Does not land-lock or otherwise impair convenient ingress and egress to or from the rear or side of the subject tract or any adjacent property;

d.

Does not fall within the corridors of any planned or proposed street as shown upon the Official Map or approved Area Plans; and

e.

Does not violate any local, state or federally adopted law, ordinance, regulation, plan or policy.

75.

Telecommunication Facility, Attached: An antenna array that is attached to an existing building or structure, including utility poles, signs, water towers, and similar structures with any associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

76.

Telecommunications Support Structure: A structure designed and constructed specifically to support an antenna array, and may include a monopole, self supporting (lattice) tower, guy-wire support tower and other similar structures. Any device used solely to attach an attached telecommunications facility to an existing building or structure shall be excluded from this definition. A monopole, self-supporting (lattice) tower, Guy-wire support tower and other similar structures which are erected or constructed on a building, water tower, or other structure for the purpose of elevating an attached telecommunications facility shall be included in this definition.

77.

Use: The purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied.

78.

Viewing Room: The room or booth where a patron of an adult establishment would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video on an image-producing device.

79.

Yard: The actual unobstructed open space that exists or that is proposed between a structure and the lot lines of the lot on which the structure is located. See "Setback."

80.

Zoning District: The separate geographic areas to which a specific zoning district is assigned.

a.

Base Zoning District: A zoning district that establishes the primary permitted uses, conditional uses, and dimensional standards.

b.

Overlay Zoning District: A zoning district that is applied to a parcel of land to add special or additional development requirements in addition to or in place of the requirements of the Base Zoning District requirements.

81.

Bed and Breakfast: A facility of residential character that provides sleeping accommodations and breakfast for hire on a day-to-day basis in which the proprietor resides.

Source: 2985 (1999), 4039 (2000), 4089 (2000), 4170 (2001), 4560 (2006), 4592 (2007), 5179 (2018), 5379 (2022).

A.

Basis for Classifications
Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

1.

Principal Uses
Principal uses are assigned to the category that most closely describes the nature of the principal use. The "Characteristics" subsection of each use category describes the common characteristics of each principal use.

a.

Developments with Multiple Principal Uses
When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the Retail Sales and Service category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

b.

Accessory Uses
Accessory uses are allowed by-right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

c.

Use of Examples
The "Examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse" but that sells mostly to consumers, is included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales and Service category.

B.

Similar Use Interpretation Criteria
The following considerations shall be used in making similar use interpretations (See also Sec. 20-0401-F):

1.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

2.

The relative amount of site area or floor space and equipment devoted to the activity;

3.

Relative amounts of sales from each activity;

4.

The customer type for each activity (retail or wholesale);

5.

The relative number of employees in each activity;

6.

Hours of operation;

7.

Building and site arrangement;

8.

Vehicles used with the activity;

9.

The relative number of vehicle trips generated by the use; and

10.

How the use advertises itself.

C.

Residential Use Categories

1.

Group Living

a.

Characteristics
Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales and Service and Community Service categories). Generally, Group Living structures have a common eating area for residents. The residents may receive care, training, or treatment, as long as the care givers also reside at the site.

b.

Accessory Uses
Accessory uses commonly associated with Group Living are recreational facilities and parking of vehicles for occupants and staff.

c.

Examples
Examples of Group Living include dormitories; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically disabled, mentally retarded, or emotionally disturbed; some residential programs for drug and alcohol treatment; and alternative or post incarceration facilities.

d.

Exceptions

(1)

Lodging where tenancy may be arranged for periods of less than 30 days is to be considered a hotel or motel use and classified in the Retail Sales and Service category.

(2)

Lodging where the residents meet the definition of Household and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as Household Living.

(3)

Facilities for people who are under judicial detainment and under the supervision of sworn officers are included in the Detention Facilities category.

2.

Household Living

a.

Characteristics
Household Living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales and Service and Community Service categories).

b.

Accessory Uses
Accessory uses commonly associated with Household Living are recreational activities, raising of pets, hobbies and parking of the occupants' vehicles. Home occupations are accessory uses that are subject to additional regulations (See Sec. 20-0403). The keeping of chickens authorized by a city permit under Article 12-02 shall be considered an accessory use to household living. In SR-0 districts, the keeping of one or more horses shall be an acceptable use provided it is accessory to household living and provided that the following criteria are met:

(1)

There shall be a minimum of two (2) acres for one horse, and an additional acre for every additional horse kept on the property;

(2)

The number of horses permitted shall be based on the size of the portion of the lot to be used as an animal enclosure;

(3)

In subdivisions created prior to January 1, 2000, no structure intended for housing said animals shall be closer than 100 feet from any lot line; otherwise, no structure intended for housing said animals shall be closer than 200 feet from any lot line;

(4)

All manure and other animal wastes shall be removed and disposed of properly on a regular basis; and

(5)

The residential use area shall be separated from the area to be used as an animal enclosure by a fence, and the entire animal enclosure area shall be fenced to prevent escape and subsequent damage to adjacent property.

Furthermore, in SR-0 districts, the keeping of one or more animals other than horses shall be a Conditional Use, subject to the procedures of Sec. 20-0909. In evaluating such a Conditional Use, in additional to any other appropriate factors, the decision-maker shall consider the detrimental impact of keeping of such animals in comparison to the impact of the keeping of one or more horses.

c.

Examples
Uses include living in houses, duplexes, triplexes, fourplexes and other multi-dwelling structures, retirement center apartments, manufactured housing and other structures with self-contained dwelling units.

d.

Exceptions
Lodging in a dwelling unit or where less than two thirds of the units are rented on a monthly or longer basis is considered a hotel or motel use and is classified in the Retail Sales and Service category.

D.

Commercial Use Categories

1.

Entertainment Event, Major

a.

Characteristics
Major Entertainment Event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.

b.

Accessory Uses
Accessory uses may include restaurants, bars, concessions, parking and maintenance facilities.

c.

Examples
Examples include stadiums, sports arenas, coliseums, auditoriums, exhibition and meeting areas and fairgrounds.

d.

Exceptions

(1)

Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as Retail Sales and Service.

(2)

Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the Retail Sales and Service category.

(3)

Theaters, including drive-in theaters, are classified as Retail Sales and Service.

(4)

Recreation or entertainment uses conducted on a continuous basis are classified as Outdoor Recreation and Entertainment or Retail Sales and Service uses.

2.

Office

a.

Characteristics
Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.

b.

Accessory Uses
Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

c.

Examples
Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; TV and radio studios; medical and dental clinics, medical and dental labs; and blood-collection facilities.

d.

Exceptions

(1)

Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

(2)

Contractors and others who perform services off-site are included in the Office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

3.

Off-Premise Advertising Sign
Any sign that directs attention to a business, profession, product, service, activity or entertainment not conducted, sold or offered on the premises upon which the sign is located.

4.

Parking, Commercial

a.

Characteristics
Commercial Parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking facility.

b.

Accessory Use
In a parking structure only, accessory uses may include gasoline sales, car washing and vehicle repair activities if these uses provide service only to vehicles parked in the garage.

c.

Examples
Examples include short- and long-term fee parking facilities and mixed parking lots (partially accessory to a specific use, partly for rent to others).

d.

Exceptions

(1)

Parking facilities that are accessory to a use, but that charge the public to park for occasional events nearby, are not considered Commercial Parking facilities.

(2)

Parking facilities that are accessory to a principal use are not considered Commercial Parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(3)

Public transit park-and-ride facilities are classified as Basic Utilities.

5.

Recreation and Entertainment, Outdoor

a.

Characteristics
Outdoor Recreation and Entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

b.

Accessory Uses
Accessory uses may include concessions, restaurants, parking, caretaker's quarters and maintenance facilities.

c.

Examples
Examples include amusement parks, theme parks, golf driving ranges, miniature golf facilities and zoos.

d.

Exceptions

(1)

Golf courses are classified as Parks and Open Space.

(2)

Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as Major Entertainment Events.

6.

Retail Sales and Service

a.

Characteristics
Retail Sales and Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

b.

Accessory Uses
Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

c.

Examples
Examples include uses from the four following groups:

(1)

Sales-Oriented:
Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationary and videos; food sales and sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks and other recreational vehicles.

(2)

Personal Service-Oriented:
Branch banks; emergency medical care; laundromats; photographic studios; photocopy and blueprint services; hair, tanning and personal care services; business, martial arts and other trade schools; dance or music classes; taxidermists; mortuaries; veterinarians; and animal grooming.

(3)

Entertainment-Oriented:
Restaurants, cafes, delicatessens, bars and taverns; indoor continuous entertainment activities such as bowling alleys, ice rinks and game arcades; pool halls; dance halls; indoor firing ranges; theaters, health clubs, gyms, membership clubs and lodges; hotels, motels, recreational vehicle parks and other temporary lodging with an average length of stay of less than 30 days.

(4)

Repair-Oriented:
Repair of televisions, bicycles, clocks, watches, shoes, guns, appliances and office equipment; photo or laundry drop-off; tailor; locksmith; and upholsterer.

d.

Exceptions

(1)

Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales.

(2)

Repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as Industrial Service.

(3)

Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as Wholesale Sales.

(4)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop which is classified as Industrial Service.

(5)

In certain situations, hotels and motels may be classified as a Community Service use, such as short-term housing or mass shelter. See "Community Services."

7.

Self-Service Storage

a.

Characteristics
Self-Service Storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

b.

Accessory Uses
Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the Self-Service Storage use. The rental of trucks or equipment is also not considered accessory to a Self-Service Storage use.

c.

Examples
Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

d.

Exceptions
A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the Warehouse and Freight Movement category.

8.

Vehicle Repair

a.

Characteristics
Vehicle Repair firms service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

b.

Accessory Uses
Accessory uses may include offices, sales of parts and vehicle storage.

c.

Examples
Examples include vehicle repair, transmission or muffler shop, auto body shop, alignment shop, auto upholstery shop, auto detailing and tire sales and mounting.

d.

Exceptions
Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as Industrial Service.

9.

Vehicle Service, Limited

a.

Characteristics
Limited Vehicle Service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.

b.

Accessory Uses
Accessory uses may include auto repair and tire sales.

c.

Examples
Examples include full-service, mini-service and self-service gas stations; car washes; and quick lubrication services.

d.

Exceptions

(1)

Truck stops are classified as Industrial Service.

(2)

Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

10.

Non-farm Commercial

a.

Characteristics
Non-farm Commercial uses are those commercial uses identified in subparagraphs (D)(1) through (D)(9), hereof, but which occur in an AG, Agricultural District.

b.

Accessory Uses
Accessory activities described in subparagraphs (D)(1) through (D)(9), hereof, is also a Conditional Use, permitted only after approval pursuant to Section 20-0909.

c.

Examples
Examples include any of those examples listed under the particular uses described in subparagraphs (D)(1) through (D)(9), hereof.

d.

Exceptions
Any of the exceptions listed under the particular uses described in subparagraphs (D)(1) through (D)(9), hereof, shall also be exceptins for purposes of a Non-farm Commercial use.

E.

Industrial Use Categories

1.

Industrial Service

a.

Characteristics
Industrial Service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

b.

Accessory Uses
Accessory activities may include offices, parking and storage.

c.

Examples
Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; truck stops; building, heating, plumbing or electrical contractors; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; above-ground tanks used for the storage or dispensing of Class I or Class II petroleum products (as defined in the Fargo Fire Code); research and development laboratories; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories; and the stockpiling of sand, gravel, or other aggregate materials.

d.

Exceptions

(1)

Contractors and others who perform services off-site are included in the Office category, if major equipment and materials are not stored at the site and fabrication, or similar work is not carried on at the site.

(2)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop.

2.

Manufacturing and Production

a.

Characteristics
Manufacturing and Production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

b.

Accessory Uses
Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker's quarters.

c.

Examples
Examples include processing of food and related products; catering establishments; slaughter houses and meat packing; weaving or production of textiles or apparel; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; printing, publishing and lithography; movie production facilities; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; production of artwork and toys; sign making; and production of prefabricated structures, including mobile homes.

d.

Exceptions

(1)

Manufacturing of goods to be sold primarily on-site and to the general public are classified as Retail Sales and Service.

(2)

Manufacture and production of goods from composting organic material is classified as Waste-Related uses.

3.

Warehouse and Freight Movement

a.

Characteristics
Warehouse and Freight Movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

b.

Accessory Uses
Accessory uses may include offices, truck fleet parking and maintenance areas.

c.

Examples
Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; and grain terminals.

d.

Exceptions

(1)

Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related uses.

(2)

Mini-warehouses are classified as Self-Service Storage uses.

4.

Waste-Related

a.

Characteristics
Characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

b.

Accessory Uses
Accessory uses may include recycling of materials, offices and repackaging and transshipment of by-products.

c.

Examples
Examples include sanitary landfills, waste composting, energy recovery plants, sewage plants and hazardous-waste-collection sites.

d.

Exceptions

(1)

Disposal of dirt, concrete, asphalt and similar non-decomposable materials is considered fill.

(2)

Recycling collection centers are considered Basic Utilities.

5.

Wholesale Sales

a.

Characteristics
Wholesale Sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.

b.

Accessory Uses
Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services and repackaging of goods.

c.

Examples
Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware.

d.

Exceptions

(1)

Firms that engage primarily in sales to the general public or on a membership basis are classified as Retail Sales and Service.

(2)

Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement.

F.

Institutional and Civic Use Categories

1.

Colleges

a.

Characteristics
This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks.

b.

Accessory Uses
Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial.

c.

Examples
Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to health care facilities and seminaries.

d.

Exceptions
Business and trade schools are classified as Retail Sales and Service.

2.

Community Services

a.

Characteristics
Community Services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit or charitable nature.

b.

Accessory Uses
Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities.

c.

Examples
Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, social service facilities, temporary shelters, vocational training for persons with physical or mental disabilities, crematoriums, columbariums and mausoleums.

d.

Exceptions

(1)

Private lodges, clubs and private or commercial athletic or health clubs are classified as Retail Sales and Service. Commercial museums are classified as Retail Sales and Service.

(2)

Parks are classified as Parks and Open Areas.

(3)

Uses where tenancy is arranged on a month-to-month basis, or for a longer period are residential and are classified as Household or Group Living.

3.

Day Care

a.

Characteristics
Day Care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.

b.

Accessory Uses
Accessory uses include offices, recreation areas and parking.

c.

ExamplesExamples include preschools, child care centers, nursery schools, latch key programs and adult day care programs.

d.

Exceptions
Day Care does not include public or private schools or facilities operated in connection with an employment use, shopping center or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

4.

Health Care Facilities

a.

Characteristics
Health Care Facilities include uses providing medical or surgical care to patients and offering overnight care.

b.

Accessory Uses
Accessory uses include out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities and housing facilities for staff or trainees.

c.

Examples
Examples include medical centers and hospitals.

d.

Exceptions

(1)

Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the Group Living category.

(2)

Medical clinics or offices that provide care where patients are generally not kept overnight are classified as Offices.

(3)

Emergency medical clinics are classified as Retail Sales and Service.

5.

Parks and Open Areas

a.

Characteristics
Parks and Open Areas are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

b.

Accessory Uses
Accessory uses may include club houses, maintenance facilities, concessions, caretaker's quarters and parking.

c.

Examples
Examples include parks, golf courses, cemeteries, public squares, plazas, recreational trails, botanical gardens, nature preserves and land used for grazing that is not part of a farm or ranch.

6.

Religious Institutions

a.

Characteristics
Religious Institutions primarily provide meeting areas for religious activities.

b.

Accessory Uses
Accessory uses include Sunday school facilities, preschools, day cares, parking, caretaker's housing and group living facilities such as convents.

c.

Examples
Examples include churches, temples, synagogues and mosques.

d.

Exceptions
Schools are classified as Schools.

7.

Safety Services

a.

Characteristics
Safety Services are uses that provide public safety and emergency response services. They often need to be located in or near the area where the service is provided. Employees are regularly present on-site.

b.

Accessory Uses
Accessory uses include offices and parking.

c.

Examples
Examples include fire stations, police stations and emergency medical and ambulance stations.

8.

Schools

a.

Characteristics
This category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.

b.

Accessory Uses
Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums and before- or after-school day care.

c.

Examples
Examples include public and private daytime schools, boarding schools and military academies.

d.

Exceptions

(1)

Preschools are classified as Day Care uses.

(2)

Business and trade schools are classified as Retail Sales and Service.

9.

Utilities, Basic

a.

Characteristics
Basic Utilities are infrastructure services that need to be located in or near the area where the service is provided. Basic Utility uses generally do not regularly have employees at the site. Services may be public or privately provided.

b.

Accessory Uses
Accessory uses may include parking and control, monitoring, data or transmission equipment.

c.

Examples
Examples include water and sewage pump stations; electrical substations; water towers and reservoirs; stormwater retention and detention facilities; telephone exchanges; recycling collection centers; and park-and-ride facilities for mass transit.

d.

Exceptions

(1)

Services where people are generally present are classified as Community Services, Offices, or Safety Services.

(2)

Utility offices where employees or customers are generally present are classified as Offices.

(3)

Bus barns are classified as Warehouse and Freight Movement.

G.

Other Use Categories

1.

Agriculture

a.

Characteristics
Agriculture includes activities that primarily involve raising, producing or keeping plants or animals.

b.

Accessory Uses
Accessory uses include dwellings for proprietors and employees of the use and animal training.

c.

Examples
Examples include breeding or raising of fowl or other animals; dairy farms; stables; riding academies; kennels or other animal boarding places; farming, truck gardening, forestry, tree farming; and wholesale plant nurseries.

d.

Exceptions

(1)

Uses involved in the processing of animal or plant products are classified as Manufacturing and Production.

(2)

Livestock auctions are classified as Wholesale Sales.

(3)

Plant nurseries that are oriented to retail sales are classified as Retail Sales and Service.

(4)

Uses that meet the definition "animal confinement" shall not be considered "agriculture" for the purpose of determining required zoning.

(5)

Residential uses that include the keeping of up to one horse per two (2) acres of lot shall not be considered "agriculture" for the purpose of determining required zoning and will be an acceptable accessory use in SR zoning districts which were zoned Ag-P2 (as defined by the Stanley Township's zoning ordinance, or similar township or county zoning), prior to the extension of the City's extraterritorial zoning jurisdiction to the subject property.

(6)

The keeping of chickens authorized by a city permit under Article 12-02 shall not be considered an agricultural use but, rather, shall be considered an accessory use to household living.

2.

Aviation and Surface Passenger Terminals

a.

Characteristics
Aviation and Surface Passenger Terminals includes facilities for the landing and takeoff of flying vehicles, including loading and unloading areas. Aviation facilities may be improved or unimproved. Aviation and Surface Passenger Terminals also includes passenger terminals for aircraft, regional bus service and regional rail service.

b.

Accessory Uses
Accessory uses include freight handling areas, concessions, offices, parking and maintenance and fueling facilities.

c.

Examples
Examples include airports, bus passenger terminals for regional bus service, railroad passenger stations for regional rail service and helicopter landing facilities.

d.

Exceptions

(1)

Bus and rail passenger stations for subregional service such as mass transit stops and park-and-ride facilities are classified as Basic Utilities.

(2)

Private helicopter landing facilities that are accessory to another use are considered accessory uses. However, they are subject to all the regulations and approval criteria for helicopter landing facilities.

3.

Detention Facilities

a.

Characteristics
Detention Facilities includes facilities for the judicially required detention or incarceration of people. Inmates and detainees are under 24 hour supervision by sworn officers, except when on an approved leave.

b.

Accessory Uses
Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities and hobby and manufacturing activities.

c.

Examples
Examples include prisons, jails, probation centers and juvenile detention homes.

d.

Exceptions
Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by sworn officers are classified as Group Living. Programs that provide transitional living experience for former offenders, such as halfway houses, where residents are not supervised by sworn officers, are also classified as Group Living.

4.

Mining

a.

Characteristics
Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use.

b.

Accessory Uses
Accessory uses include storage, sorting, stockpiling, or transfer off-site of the mined material.

c.

Examples
Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil, gas, or geothermal drilling.

5.

Telecommunications Facilities

a.

Characteristics
Telecommunications facilities includes all devices, equipment, machinery, structures or supporting elements necessary to produce nonionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Facilities may be self supporting, guyed, mounted on poles, other structures, light posts, power poles, or buildings. Facilities shall also include intertie and interconnection translators, connections from over-the-air to cable, fiber optic, or other landline transmission system.

b.

Accessory Uses
Accessory uses may include transmitter facility buildings.

c.

Examples
Examples include broadcast towers, attached telecommunications facilities, telecommunications support towers, point-to-point microwave towers and amateur radio facilities that are owned and operated by a federally-licensed amateur radio station operator.

d.

Exceptions

(1)

Radio and television studios are classified in the Office category.

(2)

Radio and television broadcast facilities that are public safety facilities are classified as Basic Utilities.

(3)

Ground-mounted telephone switch boxes not exceeding 6 feet in height are classified as Basic Utilities.

(4)

Amateur radio facilities that are owned and operated by a federally licensed amateur radio station operator are not included in this category.

Source: 2985 (1999), 3007 (1999), 3062 (1999, 4228 (2002), 4241 (2002), 4324 (2003), 4613 (2007), 5092 (2017).