The following overlay and special purpose zoning districts are hereby established:

♦

PUD, Planned Unit Development

♦

C-O, Conditional Overlay

♦

P/I, Public and Institutional

♦

H-O, Historic Overlay

♦

HIA-O, Hector International Airport Overlay

A.

Description
The PUD, Planned Unit Development district is an overlay zoning district that permits greater flexibility of land planning and site design than conventional zoning districts. The PUD regulations:

1.

Provide flexibility in architectural design, placement, and clustering of buildings; use of open areas and outdoor living areas; provision of circulation facilities and parking; and related site and design considerations;

2.

Encourage the conservation of natural features;

3.

Provide for efficient use of public services and improvements;

4.

Encourage and preserve opportunities for energy efficient development;

5.

Promote attractive and functional business environments in nonresidential zones that are compatible with surrounding development; and

6.

Promote an attractive and safe living environment in residential zones.

B.

Applicability
A PUD district may be approved only when the applicant demonstrates to the satisfaction of the Board of City Commissioners that a proposed PUD project would result in a greater benefit to the City than would a development under conventional zoning district regulations.

C.

Developer's Statement of Intent
Each application for PUD zoning and Master Land Use Plan approval must include a comparison of the proposed development with the standards of underlying zoning district and the otherwise applicable standards of this Land Development Code. Applications must also include a statement by the applicant describing how the proposed development provides greater benefits to the City than would a development carried out in accordance with otherwise applicable land development regulations.

D.

Effect of Other Zoning District Standards
Except as expressly authorized by the regulations of this section and approved as part of a PUD plan in accordance with the procedures of Sec. 20-0908, all of the standards of this Land Development Code apply to a development within a PUD.

E.

Standards Eligible for Modification
The following otherwise applicable standards may be modified by the Board of City Commissioners during the PUD Master Land Use Plan approval process. Standards not listed are not eligible for modification.

1.

Allowed Uses
The Board of City Commissioners shall establish the list of uses allowed in a PUD zoning district during the PUD Master Land Use Plan approval process (See Sec. 20-0908).

2.

Lot Size
The minimum lot size standards of the underlying zoning district may be modified by the Board of City Commissioners during the PUD review and approval process.

3.

Residential Density
The maximum density standards of the underlying zoning district may be modified by the Board of City Commissioners during the PUD review and approval process.

4.

Setbacks
The minimum setback standards of the underlying zoning district may be modified by the Board of City Commissioners during the PUD review and approval process.

5.

Height
The maximum height limits of the underlying zoning district may be modified by the Board of City Commissioners during the PUD review and approval process.

6.

Building Coverage
The maximum building coverage standards of the underlying zoning district may be modified by the Board of City Commissioners during the PUD review and approval process.

7.

Parking
The minimum off-street parking standards of the underlying zoning district may be modified by the Board of City Commissioners during the PUD review and approval process.

8.

Landscaping
The minimum landscaping standards, including, without limitation, Street Tree, Ground Cover Planting, Open Space Landscaping and Parking Lot Perimeter standards of the underlying zoning district may be waived and/or altered by the Board of City Commissiners during the PUD review and approval process.

9.

Residential Protection Standards
The residential protection standards of the LDC may be modified by the Board of City Commissioner during the PUD review and approval process and the residential protection standards shall apply to an approved PUD unless they are so modified.

10.

Open Space
The minimum Open Space standards of the underlying zoning district may be waived and/or altered by the Board of City Commissioners during the PUD review and approval process.

F.

Additional Requirements and Standards

1.

Approval Procedures
PUDs must be reviewed and approved in accordance with the procedures of Sec. 20-0908. The approved PUD Final Plan shall control development within a PUD.

2.

Roadway Access
Unless otherwise expressly approved during the PUD approval process of Sec. 20-0908, principal vehicular access to PUDs must be from Collector and higher classification streets. Any PUD containing over 50 dwelling units or 30,000 square feet of nonresidential floor space must provide at least 2 access points, wherever possible.

3.

Open Space
At least 10 percent of the gross land area in PUDs must consist of open space.

4.

Preservation of Natural Features
Mature trees, vegetative cover, watercourses and other natural site features must be preserved to the greatest extent possible.

5.

Additional Conditions
The Planning Commission shall recommend and the Governing Body shall impose such other conditions as are necessary to accomplish the purposes of this Land Development Code.

Source: 4690 (2008), 5179 (2018).

A.

Purpose
By providing for flexible use or property development standards tailored to individual projects or specific properties, the C-O, Conditional Overlay district is intended to:

1.

Ensure compatibility among incompatible or potentially incompatible land uses;

2.

Ease the transition from one zoning district to another;

3.

Address sites or land uses with special requirements; and

4.

Guide development in unusual situations or unique circumstances.

B.

Application
The C-O district, may be applied in combination with any base zoning district.

C.

Use and Property Development Standards
The C-O district can be used to modify and restrict the use and property development standards of an underlying base zoning district. All requirements of a C-O district are in addition to and supplement all other applicable standards and requirements of the underlying zoning district. Restrictions and conditions imposed by a C-O district are limited to the following.

1.

Prohibiting otherwise permitted or conditional uses and accessory uses or making a permitted use a conditional use;

2.

Decreasing the number or average density of dwelling units that may be constructed on the site or limiting the size of nonresidential buildings that may be placed on a site;

3.

Increasing minimum lot size or lot width;

4.

Increasing minimum yard and setback requirements; and

5.

Restricting access to abutting properties and nearby roads.

6.

Creating and enhancing design standards, landscaping requirements, and pedestrian and vehicular traffic guidelines and standards for development within the district.

D.

Method of Adoption
Restrictions imposed through a C-O district are considered part of this Land Development Code text and official Zoning Map. All property included in a C-O district must be identified on the Zoning Map by adding the letters C-O" to the base zoning district symbol. The ordinance zoning or rezoning property to the C-O district must specifically state the modifications imposed pursuant to the C-O district. The restrictions imposed will be considered part of the text of this Land Development Code, and a violation of the restrictions shall be considered a violation of this Land Development Code.

Source: 4322 (2003).

A.

Description
The P/I, Public and Institutional district is intended to accommodate uses of a governmental, civic, public service or quasi-public nature, including major public facilities. It offers an alternative (versus residential) zoning classification for public and institutional uses, thereby increasing development predictability within residential neighborhoods. Plan review is required for many uses within the P/I district. (See also the Institutional Master Plan review and approval procedures of Sec. 20-0911). The P/I zoning classification is not intended for commercial or industrial developments.

B.

Uses
Uses are allowed in the P/I district in accordance with the Use Table of Sec. 20-0401.

C.

Dimensional Standards

1.

The dimensional standards of the adjacent zoning district (See Article 20-05) shall apply to all areas of the P/I zoned site located within 150 feet of the adjacent district except as otherwise allowed by the Residential Protection standards.

2.

Areas of the P/I zoned site located more than 150 feet from adjacent zoning districts shall be governed by the approved Site Plan or Institutional Master Plan, whichever, if any, is applicable.

3.

If no Site Plan or Institutional Master Plan is required, no dimensional standards shall apply to that portion of a P/I zoned site located more than 150 feet from adjacent districts.

4.

Residential Protection standards shall apply to development in the P/I district when such development occurs on a site located within 150 feet of any SR or MR zoning districts. When the Residential Protection standards are less restrictive than the adjacent zoning district standards within 150 feet of the SR or MR district, the Residential Protection standards shall apply.

D.

Project Review

1.

Project review shall be required for all development within the P/I district if located within 300 feet of any residential zoning district, provided that the following shall be exempt from Project Review:

a.

Interior alterations;

b.

Development that in cumulative total (existing development + proposed):

(1)

Will not result in the creation of more than 50 parking spaces;

(2)

Will not result in the addition of more than 25,000 square feet of gross floor area;

(3)

Will not result in building coverage of more than 25,000 square feet.

2.

If Project Review is required, the applicant shall have the option of:

a.

Submitting and securing approval of individual Site Plan Review applications for each phase of the project, in accordance with the procedures of Sec. 20-0910; or

b.

Submitting and securing approval of an Institutional Master Plan in accordance with the procedures of Sec. 20-0910.

Source: 2985 (1999), 4385 (2004).

A.

Applicability

1.

The H-O district may be applied in areas of historic or cultural significance that have been designated by the U.S. Department of the Interior, the North Dakota State Historical Society or the Board of City Commissioners.

2.

The H-O district may also be extended to include area that is near such areas of historic or cultural significance that is deemed appropriate and necessary to protect the larger area against the intrusion of land uses and development incompatible with the specific area of historic or cultural significance.

3.

An area that conforms to the description of subparagraphs 1 or 2, above, shall be deemed to be an "historic resource". Such historic resources deserve special consideration for preservation and enhancement due to the contribution they make to our collective understanding of the historic development and cultural heritage of the city. They enhance the quality of life and the sense of place as amenities for residents and visitors through their craftsmanship, scale, and irreplaceable historic character.

B.

Effect of District Designation
Lands classified in the H-O district shall be subject to the standards of the H-O district and the underlying zoning district. In the event of conflict between the standards of the H-O district and the underlying zoning district, the standards of the H-O district shall control.

C.

Adoption of special regulations and standards
Upon the adoption of an H-O district, the City Commission may define special development standards or regulations which are to apply to all properties (new and existing) within the H-O District, consistent with the intent, goals, objectives and policies established for each district. If adopted, such standards shall be based on evidence of the historical and architectural aspects of the district which are typical or characteristic of that district, and shall be included within the zoning regulations of the Historic Overlay ordinance.

D.

Purposes
The H-O, Historic Overlay district regulations are intended to:

1.

Protect and conserve the heritage of the City;

2.

Safeguard the character and heritage of historic districts or landmarks that embody important elements of the City's social, economic, political or architectural history;

3.

Promote conservation of historic resources for the education, pleasure and cultural enrichment of residents of the City; and

4.

Stabilize and enhance property values throughout historic areas, thus contributing to the improvement of the health and welfare of residents and visitors.

E.

Procedure for Designation of H-O Districts

1.

Areas eligible for inclusion in an H-O District.
Each area for which an H-O district is established must contain at least one site, building, or structure which is an historic resource, as defined in this ordinance.

2.

Report and evidence to be provided prior to enactment of H-O Districts.
Prior to a hearing by the Planning Commission on an application for creation or amendment of an H-O District, the Planning Department staff and the Historic Preservation Commission and staff shall provide in a report, the information and evaluation which will serve as the basis for any proposal to establish an H-O district. The following information shall be included in the required report:

a.

Explanation of the reasons that an H-O district should be established for the subject area (with supporting documentation).

b.

A description of the area to be included within the boundaries of the H-O district. Such description must include a narrative description, maps, property addresses and parcel numbers. The narrative description must describe existing land uses, the condition of structures, architectural styles, historic status, environmental features in the area, and other relevant information.

c.

An analysis of the character-defining features within the proposed H-O district. This section will identify the elements within the proposed district that give the district its historic character.

d.

Recommended guidelines, standards and policies to be included in the regulations for the proposed H-O district pertaining to preservation or future development. Examples include signage, architectural character, building height, setbacks, and vehicular and pedestrian circulation patterns.

e.

The recommendation of the Historic Preservation Commission regarding the application shall be reported to the Planning Commission and the Board of City Commissioners.

f.

A recommendation from the staff of the Planning Department regarding the establishment of the proposed H-O district, and the specific recommended wording for the proposed ordinance to facilitate implementation of the ordinance and to ensure clarity and consistency with other historic districts and other provisions of the Land Development Code. The report may also include any other recommended implementation measures deemed necessary to further the goals and objectives of the proposed H-O district.

3.

Public Process.
The H-O district is an overlay zoning designation that may be established only in accordance with the Zoning Map Amendment procedures of Sec. 20-0906.

a.

Prior to the Planning Commission's public hearing on the proposed zoning map amendment, the Historic Preservation Commission shall hold a public hearing and issue a recommendation to the Planning Commission.

b.

Written notice of the Historic Preservation Commission's public hearing shall be given in accordance with Sec. 20-0901-F.

c.

In acting to designate local historic districts or landmarks, the Historic Preservation Commission, Planning Commission and Board of City Commissioners shall consider the purposes set out in this section and the purposes and intent of the Historic Preservation Commission (See Sec. 20-0804).

F.

Uses
Development within the H-O district shall be subject to the use regulations of the underlying base zoning district (See Article 20-04), provided that Office and Bed and Breakfast uses may be allowed within any H-O district (regardless of the underlying zoning) if reviewed and approved in accordance with the Conditional Use Permit procedures of Sec. 20-0909.

G.

Dimensional Standards
Development within the H-O district shall be subject to the dimensional standards of Article 20-05, unless otherwise noted in the Special Regulations and Standards section of each designated H-O district.

H.

Certificates of Appropriateness

1.

Building Permits
No building permit for new construction or for alterations to the exterior of existing structures shall be issued for property within an H-O district until a Certificate of Appropriateness has been reviewed and approved in accordance with the procedures of Sec. 20-0912.

2.

Demolition Permits
No demolition permit shall be issued for property within an H-O district until a Certificate of Appropriateness has been reviewed and approved in accordance with the procedures of Sec. 20-0912.

3.

Sign Permits
No sign permit allowing construction or placement of a new sign (including murals) shall be issued for property within an H-O district until a Certificate of Appropriateness has been reviewed and approved in accordance with the procedures of Sec. 20-0912.

I.

Off-Premise Advertising Signs shall be prohibited in the H-O district.

J.

Specific Historic Overlay (H-O) Districts

1.

Transitional provisions.
The special design standards of any H-O District approved by the Board of City Commissioners prior to August 1, 2005, shall be enforced in accordance with the procedures of this ordinance. Such H-O Districts are as follows:

Ordinance No. 2942   Passed October 5, 1998

Ordinance No. 4283   Passed September 30, 2002

Ordinance No. 4507   Passed December 19, 2005

Ordinance No. 4655   Passed March 24, 2008

Ordinance No. 4821   Passed June 25, 2012

Ordinance No. 4910   Passed April 14, 2014

Source: 2985 (1999), 4486 (2005), 4822 (2012), 4840 (2012), 4919 (2014).

A.

Description and Purpose
The HIA-O, Hector International Airport Overlay district is intended to reduce airport hazards that endanger the lives and property of users of the Hector International Airport and of occupants of land in its vicinity. Lands classified in the HIA-O district will be subject to the standards of the HIA-O district and the underlying zoning district. In the event of conflict between the standards of the HIA-O district and the underlying zoning district, the standards of the HIA-O district will control.

B.

Airport Zoning Map
The Fargo Municipal (Hector) Airport Zoning Map" is a part of this Land Development Code as fully as if it were set out in this Chapter in detail. Original copies of the airport zoning map are on file with in Municipal Airport Executive Director's office at Hector International Airport.

C.

HIA-O District Surfaces
The HIA-O district consists of the following surfaces, which are hereby established and defined as follows:

1.

Precision Instrument Approach Surfaces
A precision instrument approach surface is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach surface shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its center line being the continuation of the center line of the runway.

2.

Nonprecision Instrument Approach Surfaces
A surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. This approach surface has a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a distance of 10,200 feet beyond each end of the runway.

3.

Primary Surfaces
A surface longitudinally centered on a runway and extending 200 feet beyond the end of each hard surface runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary is 500 feet for nonprecision instrument runways having visibility minimums greater than 0.75 statute miles and 1,000 feet for precision instrument runways.

4.

Transitional Surfaces
These surfaces extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extended a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway center line.

5.

Horizontal Surfaces
A horizontal plan 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

6.

Conical Surfaces
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

D.

Height Limits
Unless otherwise specifically provided in this section, no structure or tree may be erected, altered, allowed to grow, or maintained, in any HIA-O zone to a height in excess of the maximum height limit established for such zone. These provisions shall not be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height of up to 35 feet above the surface of the land.

1.

Precision Instrument Approach Surfaces
One foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from and at the center line elevation of the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence 1 foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.

2.

Nonprecision Instrument Approach Surfaces
One foot in height for each 34 feet in horizontal distance beginning at the end of the primary surface of the nonprecision instrument runway and extending to a point 10,200 feet from the end of the runway.

3.

Transitional Surfaces
One foot in height for each 7 feet in horizontal distance beginning at the edge and normal to the primary surface, extending to a height of 150 feet above the airport elevation which is 900 feet above mean sea level. In addition, there are established height limits of 1 foot vertical height for each 7 feet of horizontal distance measured from the edges of all approach surfaces for the entire length of the approach surface and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the precision instrument approach surface projects through and beyond the conical surface, a height limit of 1 foot for each 7 feet of horizontal distance shall be maintained beginning at the edge of the instrument approach surface and extending a distance of 5,000 feet from the edge of the instrument approach surface measured normal to the center line of the runway extended.

4.

Horizontal Surfaces
150 feet above the airport elevation or a height of 1,050 feet above mean seal level. A 10,000 foot horizontal arc swung from the center of each end of each primary surface and connecting, the adjacent arcs by lines tangent to these arcs make up the perimeter of the horizontal surface.

5.

Conical Surfaces
One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal surface, extending to a height of 350 feet above the airport elevation.

E.

Uses
Notwithstanding any other provisions of this section, no use may be made of land within the HIA-O district in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.

F.

Nonconforming Uses

1.

Regulations Not Retroactive
The regulations of this section shall not be construed to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations of this section or otherwise interfere with the continuance of any nonconforming use. Nothing herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the City's original Airport Zoning Ordinance and is diligently pursued.

2.

Marking and Lighting
Notwithstanding the regulations of the preceding paragraph, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Municipal Airport Authority of the City of Fargo, North Dakota, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the Municipal Airport Authority of the City of Fargo, North Dakota.

G.

Permits

1.

Future Uses
Except as specifically provided in paragraphs a, b and c hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in the HIA-O district unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

a.

In the area lying within the limits of the horizontal surface and the conical surface, no permit shall be required for any tree or structure less than 75 feet of vertical height above ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such surface.

b.

In the areas lying within the limits of the precision instrument and nonprecision instrument approach surfaces, but at a horizontal distance of not less that 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such precision instrument or nonprecision instrument approach surfaces.

c.

In the areas lying within the limits of the transition surfaces beyond the perimeter of the horizontal surface, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition surfaces.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree in excess of any of the height limits established by this section.

2.

Existing Uses
No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation than it was on the effective date of the City's Airport Zoning Ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

3.

Nonconforming Uses Abandoned or Destroyed
Whenever the Joint Airport Zoning Board determines that a nonconforming structure or tree has been abandoned or more than 80 percent demolished, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

4.

Variances
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this section, may apply to the Board of Adjustments for a variance from such regulations. Such variances shall be allowed where it is duly found that 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 will do substantial justice and be in accordance with the spirit of this section.

5.

Hazard Marking and Lighting
Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Municipal Airport Authority of the City of Fargo, North Dakota, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

H.

Administration and Enforcement
It shall be the duty of the Municipal Airport Executive Director to administer and enforce the HIA-O regulations of this section and any applicable regulations promulgated by the Federal Aviation Administration. Applications for permits and variances shall be made to the Federal Aviation Administration and/or the Municipal Airport Executive Director in a form established by the City. Applications shall be promptly considered and granted or denied. The HIA-O regulations of this section may be subject to the regulations promulgated by the Federal Aviation Administration.