Zoneomics Logo
search icon

Fargo City Zoning Code

ARTICLE 20

04 - USE REGULATIONS

§20-0401 - Use Table

Table 20-0401 lists the uses allowed within zoning districts.

A.

Use Categories.
All of the use categories listed in Table 20-0401 are explained in Sec. 20-1203. The second column of the use table contains an abbreviated explanation of the respective use category. If there is a conflict between the abbreviated definition and the full explanation contained in Sec. 20-1203, the provisions of Sec. 20-1203 will control.

B.

Uses Permitted By-Right.
A "P" indicates that a use category is allowed by-right in the respective zoning district. These permitted uses are subject to all other applicable regulations of this Land Development Code.

C.

Conditional Uses.
A "C" indicates that a use category is allowed only if reviewed and approved as a Conditional Use, in accordance with the Conditional Use review procedures of Sec. 20-0909. Conditional Uses are subject to all other applicable regulations of this Land Development Code.

D.

Uses Subject to Specific Conditions.
A "P" or a "C" that is accompanied by the symbol "/C" indicates that the listed use type is subject to use-specific conditions. The standards are listed alphabetically in Sec. 20-0402.

E.

Uses Not Allowed.
A "-" indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this Land Development Code.

F.

New or Unlisted Uses.
If an application is submitted for a use type that is not listed in the use table, the Zoning Administrator shall be authorized to make a similar use interpretation based on the use category descriptions of Sec. 20-1203 and the similar use interpretation criteria of Sec. 20-1203-B. If the Zoning Administrator determines that the proposed use does not fit any of the use category descriptions of Sec. 20-1203, no similar use interpretation shall be made. In the event that a similar use interpretation cannot be made, the Zoning Administrator shall be authorized to allow the proposed use type as a conditional use in the LI district or as a use permitted by-right in the GI district.

Table 20-0401

Use CategoryDefinition
(Excerpt; See Sec.
20-1203)		Specific Use TypeZoning Districts
A
G		S
R
0		S
R
1		S
R
2		S
R
3		S S
R R
4 5		M
R
1		M
R
2		M
R
3		U
M
U		M
H
P		N
O		N
C		G
O		L
C		D
M
U		G
C		L
I		G
I		P
I
Residential
Household Living residential occupancy of a dwelling unit by a "household" House, Detached P P P P P P P P P P P P P C C P C - - -
House, Attached - - - - P P P P P P P P P C C P C - - -
Duplex - - - - P P P P P P P P P C C P C - - -
Multi-
Dwelling Structure 		- - - - - - P P P P P P P C C P C - - -
Mobile Home Park - - - - - - - - - - P - - - - - - - - -
Group Living residential occupancy of a structure by a group of people who do not meet the definition of "Household Living" C/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		P/C
[E] 		P/C
[E] 		P/C
[E] 		P P/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		C/C
[E] 		- - -
Bed and Breakfast A facility of residential character that provides sleeping accommodations and breakfast C/C
[S] 		C/C
[S] 		C/C
[S] 		C/C
[S] 		C/C
[S] 		C/C
[S] 		C/C
[S] 		C/C
[S] 		C/C
[S] 		- - - - - - - - - -
Group Living Restricted Residency Residential occupancy of a structure by a group of four or more individuals that have been convicted of a felony - - - - - - C/C
[U] 		C/C
[U] 		C/C
[U] 		C/C
[U] 		- C/C
[U] 		C/C
[U] 		C/C
[U] 		C/C
[U] 		C/C
[U] 		C/C
[U] 		C/C
[U] 		C/C
[U] 		-
Institutional
College colleges and institutions of higher learning C C C C C C C C C P C C C P P P P P - P/C
[G]
Community Service public, nonprofit, or charitable uses, generally providing a local service to the community C/C
[C] 		C/C
[C] 		C/C
[C] 		C/C
[C] 		C/C
[C] 		C/C
[C] 		P/C
[C] 		P/C
[C] 		P/C
[C] 		C/C
[C] 		P/C
[C] 		P/C
[C] 		P/C
[C] 		P P P/C
[C] 		P P - P/C
[G]
Day Care care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day 1-7 children or adults [1] P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		- P/C
[G]
8-12 children or adults [1] P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		- P/C
[G]
13+ children or adults - - - - - - C/C
[D] 		C/C
[D] 		C/C
[D] 		P/C
[D] 		C/C
[D] 		C/C
[D] 		C/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		P/C
[D] 		- P/C
[G]
Detention Facilities facilities for the detention or incarceration of people C - - - - - C C C - - - - C C C P P P P/C
[G]
Health Care Facility medical or surgical care to patients, with overnight care C C C C C C C C C C C - - P P P P P P P/C
[G]
Parks and Open Areas natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, etc. P P P P P P P P P - P P P P P P P P - P/C
[G]
Religious Institution Meeting area for religious activities 500 seating capacity C/C
[T] 		P P P P P P P P - P P P P P P P P - P/C
[G]
501+ seating capacity C/C
[T] 		P/C
[H] 		P/C
[H] 		P/C
[H] 		P/C
[H] 		P/C
[H] 		P P P - P P P P P P P P - P/C
[G]
Safety Services public safety & emergency response services P P P P P P P P P P P P P P P P P P P P/C
[G]
Schools schools at the primary, elementary, middle, junior high, or high school level - P/C
[I] 		P/C
[I] 		P/C
[I] 		P/C
[I] 		P/C
[I] 		P/C
[I] 		P/C
[I] 		P/C
[I] 		C - - - C C C C C - P/C
[G]
Utilities, Basic infrastructure services that need to be located in or near the area where the service is provided P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K] 		P/C
[K]
[G]
Commercial
Adult Establishment an adult arcade, adult bookstore, adult cinema, adult entertainment facility, or sexual device shop - - - - - - - - - - - - - - - - P/C
[A] 		P/C
[A] 		P/C
[A] 		-
Office Activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services - - - - - - - - - P - P P P P P P P - P/C
[G]
Off-Premise Advertising Signs Billboard - - - - - - - - - - - - - - P/C
[B] 		- P/C
[B] 		P/C
[B] 		P/C
[B} 		-
Parking, Commercial parking that is not accessory to a specific use…fees may or may not be charged - - - - - - - - - P - - - P P P P P P P/C
[G]
Recreation and Entertainment, Outdoor large, generally commercial uses that provide continuous recreation or entertainment oriented activities - - - - - - - - - - - - - - C C P P - P/C
[G]
Retail Sales and Service firms involved in the sale, lease or rental 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 - - - - - - - - - P - - P - P P P P - -
Self-Service Storage uses providing separate storage areas for individual or business uses - - - - - - - - - - - - - - P/C
[J] 		P/C
[J] 		P P - -
Vehicle Repair service to passenger vehicles, light & medium trucks & other consumer motor vehicles, generally, the customer does not wait at the site while the service or repair is being performed - - - - - - - - - - - - - - P/C
[L] 		P/C
[L] 		P P - -
Vehicle Service, Limited direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed - - - - - - - - - P/C
[M] 		- - - - P P/C
[M] 		P P - -
Non-farm Commercial Commercial Uses defined in Section 20-1203D occurring in AG, Agricultural Districts C/C
[T] 		- - - - - - - - - - - - - - - - - - -
Industrial
Industrial Service firms engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products - - - - - - - - - - - - - - - C/C
[Q] 		C/C
[R] 		P/C
[F] 		P/C
[F] 		P/C
[G]
Manufacturing and Production firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods - - - - - - - - - - - - - - - C C/C
[R] 		P P P/C
[G]
Warehouse and Freight Movement firms involved in the storage, or movement of goods - - - - - - - - - - - - - - - C C/C
[R] 		P P P/C
[G]
Waste-
Related Use		 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 - - - - - - - - - - - - - - - - - - C P/C
[G]
Wholesale Sales firms involved in the sale, lease, or rental of products primarily intended for industrial, institutional, or commercial businesses - - - - - - - - - - - - - - - C C/C
[R] 		P P -
Other
Agriculture raising, producing or keeping plants or animals Animal
Confinements 		C C [2]
 - - - - - - - - - - - - - - - - C P/C
[G]
Farming/ Crop Production P C - - - - - - - - - - - - - - - - P P/C
[G]
Aviation facilities for the landing and takeoff of flying vehicles, including loading and unloading areas C C - - - - - - - - - - - C C C C P P P/C
[G]
Surface Transportation - - - - - - - - - - - - - C C C C P P P/C
[G]
Entertainment Event, Major activities & structures that draw large numbers of people to specific events or shows C - - - - - - - - C - - - - - C C C - P/C
[G]
Mining mining or extraction of mineral or aggregate resources from the ground for off-site use C - - - - - - - - - - - - - - - - C P -
Telecommunications Facilities devices and supporting elements necessary to produce non-ionizing electromagnetic radiation… operating… to produce a signal… TSS greater than 125 ft in height - - - - - - - - - - - - - - - C/C
[N] 		C/C
[N] 		C/C
[N] 		-
TSS 125 ft in height or less C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		C/C
[N]
TSS 50 ft in height or less C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		C/C
[N] 		P/C
[N] 		P/C
[N] 		C/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		C/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N]
TSS 35 ft in height or less P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N]
TSSs supported by Guy wires C/C
[N] 		- - - - - - - - - - - - - - - - - - -
Attached Telecommunications facilities P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N] 		P/C
[N]

 

P = Use Permitted By-Right ■ P/C = Use Permitted By-Right But Subject to Use-Specific Standards of Sec. 20-0402
C = Conditional Use, Subject to Procedures of Sec. 20-0909 ■ Some uses also Subject to Site Plan Review (See Sec. 20-0910) or to a Traffic Impact Study as required by Sec. 20-0701(L)
■ C/C = Conditional Use And Subject to Use-Specific Standards of Sec. 20-0402

Source: 2985 (1999), 3062 (1999), 4039 (2000), 4089 (2000), 4121 (2001), 4179 (2001), 4222 (2002), 4337 (2003), 4560 (2006), 4613 (2007), 4695 (2009), 4771 (2010), 4895 (2013), 4997 (2015), 5078 (2017), 5116 (2017), 5379 (2022), 5435 (2024).

Footnotes:
--- (1) ---

[1] Not including the children or parents of the day care provider.


--- (2) ---

[2] In SR-0 districts, animal confinements are either permitted or a conditional use, subject to procedures of Sec. 20-0909, as described in Sec. 1203.C.2.b.


§20-0402 - Use Standards

A.

Adult Establishment
Adult establishments are regulated based upon the documents, rationale, and findings set forth in the ordinance adopting this section. The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of adult establishments, including the judicial opinions and reports related to such secondary effects. Adult establishments shall be subject to all of the following standards:

1.

An adult establishment shall not be located within 1,250 feet of any religious institution, school, park or recreation facility (bike paths excluded), SR zoning district, MR zoning district or residential planned unit development.

2.

An adult establishment shall not be located within 1,250 feet of any establishment that dispenses alcohol on-premises and is licensed in accordance with Chapter 25 of the Fargo Municipal Code.

3.

An adult establishment shall not be located within 750 feet of any other adult establishment.

4.

For the purpose of subsections (1), (2), and (3), distance shall be measured from the closest part of any structure, including signs and roof overhangs, used in conjunction with the adult establishment to the closest point on a property boundary of the land use(s) identified in those subsections. Where a use identified in those subsections is located in a multi-tenant development, the distance shall be measured to the closest part of the tenant space occupied by that use rather than the property line of the entire development. The zoning and/or use of land in adjacent jurisdictions shall not disqualify any location within the City of Fargo from being available to an adult establishment.

5.

Notwithstanding any provision in the Fargo Municipal Code to the contrary, an adult establishment in a location that satisfies the location standards in the Land Development Code shall not be deemed noncompliant by virtue of the subsequent establishment or expansion of another land use or zoning district identified in subsections (1), (2), or (3).

6.

An adult establishment must prohibit entrance by persons less than 18 years of age.

7.

The business premises of an adult establishment that are generally open to its patrons are open equally at the same time to members of any law enforcement agency who may wish to enter thereon provided the entry is in the course of the discharge of the law enforcement officer's duties.

B.

Off-Premise Advertising Signs
Please refer to Section 20-1308 for applicable standards.

C.

Community Service

1.

No overnight accommodations shall be allowed in conjunction with a Community Service use in AG or SR districts.

2.

Community Service uses in MR districts shall be subject to the maximum density standards of the underlying zoning district. For the purpose of interpreting this standard, each 4-person sleeping capacity shall be considered one dwelling unit.

3.

Community Service uses shall be subject to the Residential Protection standards of Sec. 20-0704.

4.

No Community Service use may be located within 300 feet of another Community Service use, measured from lot line to lot line, unless such location is otherwise reviewed and approved as a Conditional Use, in accordance with the Conditional Use review procedures of Sec. 20-0909.

D.

Day Care

1.

Signs
Signs must comply with the City's sign ordinance.

2.

Employees
With respect to Day Cares that are accessory to a Residential Use, no more than one nonresident employee is allowed (at any one time) in association with an allowed Day Care.

3.

AG and SR Districts
Within all AG and SR zoning districts, day care uses shall be allowed only as an accessory use to an allowed principal use in such zoning district. Day Care is not allowed as a principal use in any AG or SR district.

4.

Conditional Use Permits Terminate Upon Transfer of Ownership
Unless otherwise expressly stated, Conditional Use Permits for Day Care uses granted pursuant to Section 20-0909 shall automatically terminate upon sale or transfer of property.

Source: 3008 (1999); 4323 (2003).

E.

Household Living/Group Living

1.

A Conditional Use Permit shall be required for Group Living Uses in zoning districts other than MR or UMU and in acting upon such Conditional Use Permit requests for Group Living Uses, the Planning Commission shall consider the following factors:

a.

Whether or not the dwelling unit meets all building, housing, and fire codes of the City;

b.

Whether or not the property has off-street parking space for every vehicle which is owned, possessed or utilized by occupants of the building. Such parking spaces must meet all applicable standards of the City;

c.

The general condition of the building and whether or not it is in need of substantial repairs or renovation; and

d.

Whether or not the requested occupancy is compatible with the neighborhood and will not create undue density and congestion.

Said factors need be considered only when the Planning Commission is considering a request for a Conditional Use Permit.

2.

In MR Zoning districts, Group Living uses are permitted by right, provided such uses shall be subject to the maximum density standards of the underlying zoning district. For the purpose of interpreting this standard, each 4-person sleeping capacity shall be considered one dwelling unit.

F.

Industrial Service (Above-Ground Fuel Storage Tanks)
Above-ground fuel tanks used for the storage or dispensing of Class I or Class II petroleum products shall be located at least 300 feet from all non-industrial zoning districts.

G.

P/I District 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 to an existing building;

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 (gross floor area); and

(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.

H.

Religious Institutions
The following regulations shall apply to Large Religious Institutions (more than 500 seating capacity) in SR districts.

1.

Large Religious Institutions in SR districts shall provide off-street parking at a minimum ratio of 0.5 spaces per seat.

2.

At least 35 percent of the site area shall be maintained as landscaped open space.

3.

Large Religious Institutions in SR districts shall be subject to the Residential Protection Standards of Sec. 20-0704.

I.

Schools
The following regulations shall apply to Schools in SR and MR districts. A waiver of one or more of the following regulations may be granted upon review and approval in accordance with Conditional Use Review procedures of Sec. 20-0909.

1.

The maximum size shall not exceed 800 students.

2.

The base site area for a school shall be 10 acres, plus 1 acre per 100 students.

3.

At least 35 percent of the site area shall be maintained as landscaped open space.

4.

Schools in SR and MR districts shall be subject to the Residential Protection Standards of Sec. 20-0704.

J.

Self-Service Storage

1.

All walls visible from the street shall be finished with architectural materials such as brick, glass, stone, ceramic, stucco, precast panels, exterior insulation finish systems (e.g. dryvit), or curtain walls. The following material shall not be used on walls that are visible from the street: metal panels; non-residential grade metal siding; non-residential grade wood-based materials; non-residential grade composition materials, such as plastic or asphalt; concrete blocks or cinder blocks. Concrete block may be used only if it is burnished, standing flute or sculptured.

2.

Within the DMU, Downtown Mixed Use, zoning district self-service storage shall be allowed under the following conditions:

a.

The self-service storage is located in the basement of the structure.

b.

Storage of chemicals or other harmful materials is prohibited.

K.

Utilities, Basic (Recycling Centers)
Recycling containers must be completely screened from view of residential zoning districts and public rights-of-way by buildings, fences, walls, berms or landscape buffers that are at least as tall as the container.

L.

Vehicle Repair
The maximum site area shall not exceed 15,000 square feet and the maximum building size shall not exceed 7,500 square feet.

M.

Vehicle Service, Limited
The maximum site area shall not exceed 15,000 square feet and the maximum building size shall not exceed 7,500 square feet.

N.

Telecommunications Facilities

1.

General
All telecommunications facilities shall comply with the standards of this Land Development Code, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration. Freestanding Non-Commercial Support Structures in AG, SR, MR, UMU, NC, and NO zoning districts are addressed by Section 20-0403.D. Accessory Uses. Freestanding Non-Commercial support structures in any other zoning district shall be considered Telecommunications Support Structures and shall meet the requirements of this section.

2.

Attached Telecommunications Facilities
Attached telecommunications facilities shall be allowed by-right in the districts indicated in the Use Table provided that they comply with all applicable standards of the underlying zoning district, including any maximum height standards. If visible from SR, MR or UMU zoning districts, attached telecommunications facilities shall be designed and painted to minimize their visibility from such areas. Any proposed attached telecommunications facility which does not comply with the foregoing requirements will only be permitted if approved in accordance with the Conditional Use review procedures of Sec. 20-0909.

3.

Telecommunications Support Structures
Telecommunications support structures (also referred to herein as "TSS") must comply with the following requirements as approved by the Zoning Administrator, unless otherwise stated. TSSs located within the City of Fargo public right-of-way are exempt from the following use standards of this section, but shall comply with Article 24-04 of the Fargo Municipal Code and all other applicable requirements of the Land Development Code.

a.

As provided by Sec. 20-0402, TSSs of no more than 125 feet in height are permitted in GC, LI and GI zoning districts subject to use-specific standards, including:

(1)

No TSS may be located closer than 200 feet or two times the height of the TSS, whichever is greater, from the base of the TSS to any residentially zoned property, as measured from the base of the TSS to the nearest such residentially zoned property line;

(2)

The TSS must have co-location capability of at least one other telecommunications provider, unless stealth design considerations make co-location unfeasible as determined by the City Planner; and

(3)

TSSs shall be either clustered together or spread apart an adequate distance so as to reduce their impact on the overall appearance of the area and the view of the horizon. Therefore, TSSs shall be placed either:

(a)

No farther than 300 feet from an existing and approved telecommunications TSS, or

(b)

A minimum distance of ¼ mile between existing and approved TSSs of 125 feet in height or less, and a minimum distance of ½ mile from telecommunications TSSs of over 125 feet in height, as measured from the base of one TSS to the base of another.

b.

As provided by Sec. 20-0401, TSSs of more than 125 feet in height are Conditional Uses in GC, LI and GI zoning districts and are therefore subject to the Conditional Use review process of Sec. 20-0909:

(1)

No TSS may be located closer than 500 feet or three times the height of the TSS, whichever is greater, from any residentially zoned property, as measured from the base of the TSS to the nearest such residentially zoned property line;

(2)

The TSS must have co-location capability of at least two other telecommunications providers, unless stealth design considerations make co-location unfeasible as determined by the City Planner; and

(3)

TSSs shall be either clustered together or spread apart an adequate distance so as to reduce their impact on the overall appearance of the area and the view of the horizon. Therefore, TSSs shall be placed either no farther than 300 feet from an existing and approved telecommunications TSS, or a minimum distance of ¼ mile between existing and approved telecommunications TSSs of 125 feet in height or less, and a minimum distance of ½ mile from telecommunications TSSs of over 125 feet in height, as measured from the base of one TSS to the base of another TSS.

c.

As provided by Sec. 20-0401, TSSs of no more than 50 feet in height are permitted by right in MR-3, UMU, NO, NC, GO, LC and P/I zoning districts subject to use-specific standards, including:

(1)

No TSS located in any non-residential zoning district may be located closer than 200 feet from any residentially zoned property, as measured from the base of the TSS to the nearest such residentially zoned property line: and

(2)

No TSSs may be located closer than 200 feet from any SR zoning districts, as measured from the base of the TSS to the nearest point of such SR zoning district.

d.

As provided by Sec. 20-0401, TSSs of no more than 35 feet in height are permitted by right in AG, SR-0-SR-5, MR-1-MR-2, MHP, and DMU zoning districts subject to the applicable use-specific standards of this section.

e.

As provided by Sec. 20-0401, in AG, SR through SR-5, MR-1 through MR-3, UMU, MHP, NO, NC, GO, LC, DMU, and P/I zoning districts, TSSs which exceed the maximum height for TSSs permitted by-right for the applicable zoning district, but are not more than 125 feet in height are Conditional Uses and are therefore subject to the Conditional Use review process of Sec. 20-0909:

(1)

No TSS may be located closer than ½ mile from any existing and/or approved TSSs of over 125 feet in height, and ¼ mile from any existing and/or approved TSSs of 125 feet or less, as measured from the base of one TSS to the base of another;

(2)

The TSS must have co-location capability of at least one other telecommunications provider, unless stealth design considerations make co-location unfeasible as determined by the City Planner;

(3)

TSSs shall comply with such other conditions as determined by the Planning Commission;

(4)

No TSS located in any non-residential zoning district may be located closer than 200 feet or two times the height of the TSS, whichever is greater, from any residentially zoned property, as measured from the base of the TSS to the nearest such residentially zone property line; and

(5)

No TSSs located in any MR zoning district may be located closer than 200 feet or two times the height of the TSS, whichever is greater, from any SR zoning districts, as measured from the base of the TSS to the nearest point of such SR zoning district.

f.

TSSs supported by Guy Wires - As provided by Sec. 20-0401, TSSs in AG zoning districts of any height are Conditional Uses and are therefore subject to the Conditional Use review process of Sec. 20-0909. Guy TSSs of any height are prohibited in all other zoning districts.

g.

In addition to any of the foregoing requirements, all TSSs must comply with the following requirements, unless approval is otherwise obtained through the Conditional Use review process of Sec. 20-0909.

(1)

The use of any portion of a TSS for signs other than warning or equipment information signs is prohibited.

(2)

TSSs must be set back from public street, park, or bikeway right-of-way a minimum distance equal to one half of the height of the TSS, including all antennas and attachments.

(3)

Unless the City Planner determines that stealth design considerations suggest otherwise, TSSs may not be located between a primary building structure and a public street within a front or side yard, except in LI and GI zoning districts, where TSSs may be placed within a side yard abutting an internal/local street. If a site in a GI or LI zoning district is surrounded by public streets, a TSS may be placed within a side yard abutting a local street.

(4)

Except as otherwise approved as provided in this section, TSSs must not be illuminated by artificial means and not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular TSS.

h.

Before a building permit may be issued for a TSS, the City Planner must provide approval of the standards as follows. In such cases when the Conditional Use review process of Sec. 20-0909 is required for a TSS, the Planning Commission shall be the decision maker and must provide approval of the standards as follows:

(1)

The design and construction of the TSS, antenna support structures, equipment buildings, fences, and other structures must be compatible with the architectural style of the surrounding built environment, considering colors, exterior building materials, roof form, scale, mass, color, and character.

(2)

The base of the TSS must be enclosed by an opaque fence or wall of at least 6 feet in height and of a character necessary to provide adequate visual screening and to limit access to the TSS. Such requirements may be waived by the City Planner if the TSS is of a stealth design.

(3)

The City Planner may require, as a condition of approval of a TSS, that the lot upon which the TSS is located be brought into conformance with the residential protection standards and/or landscaping requirements set forth in Sections 20-0704 and 20-0705.

(4)

Commercial wireless TSSs must be a monopole design unless stealth design considerations are made and the City Planner determines that the stealth design would be more fitting with the surrounding environment.

(5)

When incorporated into the approved design of the TSS, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the TSS.

i.

The applicant shall submit such information as required by the Zoning Administrator including the following:

(1)

Description of the TSS height and design including a cross section (site plan) showing the proposed location of the TSS and the equipment building and an elevation showing the proposed height of the TSS including the maximum tip-height (maximum height of any attached antennas),

(2)

Documentation of the proposed height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas, and

(3)

Descriptions of the TSS's capacity for both the primary user and co-location users, including the number and type of antennas or other equipment that can be accommodated.

(4)

Applicant shall be responsible for changing frequencies of the installed equipment if it interferes with any then-existing police, fire or other public or private emergency service system or public signal system.

(5)

Other information necessary to evaluate the application as determined during the review process.

j.

The following definitions and general provisions shall apply to this Land Development Code:

(1)

All TSSs shall be dismantled and removed by the owner when they are no longer in use or upon abandonment. Abandonment shall be deemed to have occurred when a TSS has not been continuously in use by a telecommunications user for a period of at least 12 consecutive months. An abandoned TSS shall be considered a nuisance. Upon abandonment of a TSS, upon 30 days' notice to the record owner of the property upon which the TSS is constructed, exists or rests, if the TSS is not removed within a period of 60 days from said notice, the TSS and associated facilities may be removed by the City and the costs of removal assessed against the property, in accordance with the provisions of Sec. 11-0103 of the Fargo Municipal Code.

(2)

The height of TSSs shall be measured from the TSS's center point of contact with the ground to the highest point of the TSS, including all antennas or other attachments.

(3)

The term "Co-Location" shall mean the location of more than one antenna or transmitter on a single TSS.

(4)

The term "stealth" as used in this section shall mean, in referring to freestanding telecommunications TSSs, the ability to blend into the context of the surrounding environment at a given location or to use a TSS design that is as inconspicuous as possible under the existing or planned circumstances by screening, disguising, concealing, or otherwise camouflaging the TSS as a natural feature, as part of the structure, or as an accessory structure consistent with the overall function of the property on which the TSS is located. For antenna support structures, stealth is the ability to camouflage, conceal, or reduce the conspicuousness of the presence of wireless communication facilities.

k.

Through a Conditional Use Permit, the Planning Commission may reduce the TSS spacing and setback requirements of this section (§20-0402.N) by up to 50 percent. Spacing requirements that are eligible for reduction include: 1) spacing distances between existing and proposed TSSs and 2) setback distances from SR and other residential zoning districts. Any such request for reduction of these spacing and/or setback requirements shall be considered in accordance with the Conditional Use Permit review procedures of Section 20-0909, and shall comply with the following standards:

(1)

The TSS shall be of a stealth design;

(2)

If applicable, the applicant already has telecommunication facilities on the existing TSS from which separation would otherwise be required; and

(3)

If applicable, the applicant shall submit verification that the communication equipment planned for the proposed TSS cannot be installed on an existing TSS within the area (if any).

O.

Temporary Use of Residential Home as Sales and Construction Office.
In a subdivision of at least 10 lots in number, one residential dwelling may be used on a temporary basis as a sales office and/or construction office for other lots and/or new homes within the subdivision. A permit for such temporary use must be obtained from the Zoning Administrator. The temporary use as such sales office and/or construction office shall be permitted until such time as ninety percent (90%) of the lots in the subdivision have been sold to persons, firms or entities other than the permittee, upon which event said temporary use must be terminated within ninety (90) days of such event. In no event, however, shall such temporary use be allowed for more than three (3) years from the date of approval of the subdivision unless an extension of the permit is granted as a Conditional Use, in accordance with the Conditional Use review procedures of Sec. 20-0909.

P.

Pet Boarding
Within GC, LI and GI zoning districts, animal daycare shall be an allowed use under the following conditions:

1.

The proposed facility may not be within 300 feet of any residentially zoned property, measured from the pet enclosure to the property line of the residentially zoned property.

Q.

Industrial Service in DMU zoning district

1.

In acting upon Conditional Use Permit requests for Industrial Service uses in the Downtown Mixed Use zoning district, the Planning Commission shall consider the following:

a.

Is the proposed use compatible with the surrounding land uses?

b.

Does the proposed development plan meet all Land Development Code requirements for the Downtown Mixed Use Zoning district?

2.

Any outdoor storage associated with an Industrial Service use in the DMU district shall be fenced with a six-foot opaque fence, which may not include chain link with slats.

3.

Industrial Service vehicles and/or construction equipment larger than pick-up trucks and one ton delivery vans shall be stored off-site or within a building.

R.

Industrial Uses in General Commercial Zoning

1.

Within GC zoning districts, Industrial Service, Manufacturing and Production, Warehouse and Freight Movement, and Wholesale Sales shall be allowed uses under the following conditions:

a.

The proposed facility may not be within 300 feet of any residentially zoned property, measured from proposed industrial development to the property line of the residentially zoned property.

b.

All outdoor storage areas must be screened with an opaque fence, building, wall, berm or landscape buffer, that is at least six feet in height.

(1)

Outdoor storage areas shall not cover more than 50 percent of the open space of the development.

(2)

Outdoor storage areas shall not be located within the front setback area of the development.

c.

No truck parking will be allowed in the front setback area, or on any side of the development directly visible from residentially zoned property. Truck parking areas directly visible from rights-of-way shall be buffered with an opaque fence or continuous hedge and large tree species placed 35 feet on center. Trees shall be a minimum of 1.5 inch caliper at the time of installation and do not count toward open space or parking lot buffer requirements.

d.

No truck docks or unloading areas will be allowed in the front, or any side of the development directly visible from residentially zoned property or street rights-of-way. Unloading and docking areas visible from rights-of-way shall be buffered with an opaque fence or continuous hedge and large tree species placed 35 feet on center. Trees shall be a minimum of 1.5 inch caliper at the time of installation and do not count toward open space or parking lot buffer requirements.

e.

Residential protection standards for landscaping buffers shall apply to any side of the development within 600 feet of residential zoning districts, or within 600 feet of vacant land illustrated as residential in the Growth Plan.

f.

These standards do not apply to aggregate or soil and/or construction debris storage, concrete batching, or asphalt mixing uses listed under industrial service. Therefore, aggregate storage, concrete batching, and asphalt mixing are prohibited in the GC zoning district.

S.

Bed and Breakfast - All bed and breakfast uses shall be subject to the following standards:

1.

Bed and breakfast uses shall be subject to a Conditional Use Permit in accordance with Section 20-0909.

2.

Structures shall not be altered in a way that changes their general residential appearance.

3.

A minimum of one off-street parking space shall be provided for each guest bedroom, plus spaces required for the principal residence in accordance with Section 20-0701.B. Additional parking shall be required if reception or party space is available. If four or more off-street parking spaces are provided, visual screening from adjacent residential uses shall be required.

4.

One sign shall be allowed, with a size limit of two square feet. Internally illuminated signs are not allowed.

5.

Receptions, private parties, or similar activities shall not be permitted unless expressly approved as part of the Conditional Use Permit.

6.

No long-term rental shall be permitted. The maximum length of stay shall be 30 days.

7.

All guest rooms shall be located within the principal structure.

8.

Other than registered guests, no meals shall be served to the general public unless expressly approved as part of the Conditional Use Permit.

9.

No cooking facilities shall be allowed in the guest rooms.

10.

All bed and breakfast establishments must comply with the Fargo Health Department Regulations.

11.

All bed and breakfast establishments shall comply with Fire Code Requirements.

T.

Non-farm Commercial Uses

1.

A Non-farm Commercial Use shall not be allowed unless it has been reviewed and approved in accordance with the Conditional Use Review procedures of Sec. 20-0909. In acting upon Conditional Use Permit requests for such use, the Planning Commission shall consider the following factors:

a.

The factors identified in Section 20-0909 (Conditional Use Permits).

b.

Whether adequate facilities and services including, but not limited to, sewage and waste disposal, domestic water, building construction and inspection, flood protection, gas, electricity, police and fire protection, and roads, as may be applicable are adequate under the cirumcstances. As part of the application for the Conditional Use Permit, the Zoning Administrator may require the applicant to obtain written comment from such facility and service providers as may be applicable.

2.

The City Planner shall provide written notice of the Planning Commission public hearing in accordance with Section 20-0901-F except that the written notice shall be mailed to property owners within one (1) mile of the subject property. Notice of the Planning Commission's public hearing shall be published in accordance with Section 20-0901-F.

3.

Prohibited Uses. Dispatch Centers and Adult Establishments as defined in Section 20-0403.C.5 are prohibited uses.

4.

Unless otherwise expressly stated, Conditional Use Permits for Non-farm Commercial uses granted pursuant to Section 20-0909 shall automatically terminate upon sale or transfer of the property.

U.

Group Living

1.

Purpose and Intent
The city finds and declares that group living of convicted felons is a serious threat to public safety. The city finds that measures should be taken to reduce temptation and opportunity to better protect its citizens; especially children, the elderly and other "at risk" populations. The city contends that without the benefit of a behavioral program intended to reduce the rate of recidivism, the tendency of a convicted felon to relapse into a previous mode of behavior, especially criminal behavior, is amplified by cohabitation with groups of other convicted felons. This regulation is aimed at protecting the health and safety of citizens in the City of Fargo from the risk of convicted felons by establishing a minimum distance at which a group living facility housing convicted felons can be established where children, the elderly, at other at risk populations tend to congregate or be regularly present. It is not the intent of this article to impose a criminal penalty but rather to serve the city's compelling interest to promote, protect and improve the health, safety, and welfare of the citizens of the city by maintaining safety zones around locations where "at risk" populations regularly congregate in concentrated numbers wherein convicted felons are prohibited from establishing a permanent group living situation.

2.

Characteristics
Group Living Restricted Residency is characterized by the residential occupancy of a structure by a group of people, who have been individually convicted of a felony, that do not meet the definition of Household. 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.

3.

Accessory Uses
Accessory uses commonly associated with Group Living Restricted Residency are group treatment and/or training, offices, recreational activities, and parking of vehicles for occupants and staff.

4.

Examples
Examples of Group Living Restricted Residency include residential programs for drug and alcohol treatment, treatment of sex offenders; and alternative or post incarceration facilities.

5.

Exceptions

a.

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.

b.

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.

c.

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

d.

The person was a minor when he/she committed the offense and was not convicted as an adult.

e.

The person is a minor or ward under guardianship.

6.

Applicability
Group Living Restricted Residency uses subject to a conditional use permit as determined in Table 20-0401 of Article 20-04 of this code, are allowed, if reviewed and approved as a Conditional Use, in accordance with the Conditional Use review procedures of Sec. 20-0909.

7.

Conditions of Approval
In acting upon Conditional Use Permit requests for Group Living-Restricted Residency uses in any conditionally permitted zoning district, the Planning Commission shall also consider the following factors:

a.

Whether or not the dwelling unit meets all building, housing, and fire codes of the City;

b.

Whether or not the property has off-street parking space for every vehicle which is owned, possessed or utilized by occupants of the building. Such parking spaces must meet all applicable standards of the City;

c.

The general condition of the building and whether or not it is in need of substantial repairs or renovation; and

d.

Whether or not the requested occupancy is compatible with the neighborhood and will not create undue density and/or congestion.

The establishment of a Group Living Restricted Residency Behavioral Program. The program must include a list of the facility's goals and objectives intended to prevent recidivism along with procedures to ensure its successful implementation.

Source: 2985 (1999), 3008 (1999), 4039 (2000), 4089 (2000), 4164 (2001), 4222 (2002), 4223 (2002), 4240 (2002), 4323 (2003), 4372 (2003), 4445 (2004), 4560 (2006), 4604 (2007), 4613 (2007), 4771 (2010), 4807 (2012), 4895 (2013), 4988 (2015), 5078 (2017), 5116 (2017), 5125 (2018), 5179 (2018), 5379 (2022), 5466 (2025).

§20-0403 - Accessory Uses

A.

General
Permitted uses and approved conditional uses shall be deemed to include accessory uses and accessory structures. Accessory uses and structures will be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this Land Development Code. Examples of customary accessory uses can be found in use category descriptions of Sec. 20-1203. Interpretations regarding allowed accessory uses shall be made by the Zoning Administrator.

B.

Development Standards
The following standards apply to all accessory uses and structures unless otherwise expressly provided.

1.

Timing of Construction
Accessory structures must be constructed in conjunction with or after the principal building. They may not be built prior to the construction of the principal structure.

2.

Front and Street Side Setbacks and Yards
No accessory structure, other than a fence, wall or hedge may be located within a required front or street side setback. The location of fences and walls within parking lot buffers are regulated by §20-0705.

3.

Rear Setback

a.

In all zoning districts, except the UMU zoning district, accessory structures, when located within the rear yard area, are exempt from the rear and interior-side setback requirements of the underlying zoning district and shall be set back at least 3 feet from rear and interior-side lot lines. This 3-foot setback shall not apply to fences or walls.

b.

In a UMU district, accessory structures, other than fences or walls shall meet the rear setback requirements of Sec. 20-0501. As in districts other than UMU zoning districts, said setback requirements do not apply to fences or walls.

4.

Interior Side Setback

a.

In zoning districts other than UMU, no accessory structure, other than a fence or wall, may be located within a required interior side setback, except that garages and parking structures accessory to multi-dwelling development in all MR districts shall only require a 3-foot minimum setback on lots platted after February 17, 1998. On MR lots that share a common interior side-yard, no setback is required to accessory structures provided there is a recorded cross-access agreement between the record owners of the respective properties, and provided the structures meet all applicable building codes for such a structure.

b.

In a UMU zoning district, accessory structures, other than fences or walls, shall meet the interior side setback requirements of Sec. 20-0501.

5.

Setbacks from Public Easements
No accessory structure, other than a fence or wall, may be located within any recorded public easement or over any known public utility.

6.

Height of accessory structures/fences, walls, hedges.

a.

Residential Districts
In SR-1 through SR-5 and MR and UMU zoning districts accessory structures shall not exceed 15 feet in height.

b.

AG, SR-0 and Nonresidential Districts
In the AG, SR-0 districts and the NO and more intensive zoning districts, accessory structures shall not exceed the maximum height limit of the underlying district, unless expressly authorized by this Land Development Code.

c.

Fences, Walls and Closely Grown Hedges.

(1)

Within SR, MR, UMU, NC and NO zoning districts, restrictions on the height of fences, walls and closely grown hedges shall be as follows:

(a)

in any front yard no fence, wall or hedge shall exceed 3 feet in height, provided however, that fences that are at least 75% light-permeable may exceed 3 feet, but may not exceed 4 feet in height;

(b)

in any street side yard or interior sideyard from the front property line extending the length of the front-yard setback distance or to the front of any existing house or other principal building, whichever length is greater, no fence, wall or hedge shall exceed 3 feet in height, provided however, that fences that are at least 75% light-permeable may exceed 3 feet, but may not exceed 4 feet in height;

(c)

in any street side yard or interior side yard from the point identified in subparagraph (b) hereof to the rear property boundary or in any rear yard no fence, wall or hedge shall exceed 6.5 feet in height; and,

(d)

in any rear yard, any fence, wall, or hedge located at least three feet from the property line may exceed 6.5 feet, but may not exceed 8.5 feet.

(2)

Within LC, GC, DMU, LI and GI zoning districts, restrictions on the height of fences, walls and closely grown hedges shall be as follows:

(a)

No fence, wall or hedge shall exceed 8.5 feet in height.

(b)

In the event the property is adjacent to residentially-zoned property, no fence, wall or hedge may exceed 6.5 feet in height along, or within three feet of, the property line abutting residentially-zoned property.

(3)

Sight Distance - Within any zoning district, the following restrictions shall apply: (a) On corner lots, no fence, wall or hedge located within 20 feet of a street intersection (right-of-way line) shall exceed 3 feet in height, measured from curb level; and (b) The height of fences, walls and closely grown hedges shall be measured from the elevation of the sidewalk or curb of the adjacent street.

(4)

Notwithstanding any other provisions of this section, any fence located completely within the required building setback for the zoning district is subject only to the height limitations as are buildings within that zoning district.

7.

Building Coverage
Building coverage of detached accessory structures may not exceed that of the principal building or 700 square feet, whichever is greater; provided, however, that in MR zoning districts, garages accessory to multi-dwelling structures may not exceed 130 percent of the building coverage of the principal building, and in a UMU zoning district building coverage of detached accessory structures may not exceed 50 percent of the building coverage of the principal building, and in the SR-0 district, building coverage of detached accessory structures may not exceed 150 percent of the building coverage of the principal building and in SR-0, SR-1 and SR-2 districts when lot sizes are equal to or greater than 40,000 square feet in size, building coverage of detached accessory structures may not exceed the size as shown on Table 20-0403 below. Accessory buildings and structures shall be included in the calculation of total building coverage. In MR zoning districts, as to multi-dwelling structures with garages as accessory buildings, building coverage may be allowed up to 37.5 percent, provided there is a significant shared site amenity to be shared among the tenants included on the landscaping plan submitted during the building permit process. Examples of such amenities: gazebo with barbeque pit, volleyball court, basketball court, tot-lot/playground, swimming pool, or such other shared amenities as approved by the Zoning Administrator.

Table 20-0403

Lot SizeMaximum size of Accessory Structure
40,000 sq. ft. to 2 Ac. 4,000 sq. ft.
+ 2 Ac. to 3 Ac. 4,500 sq. ft.
+ 3 Ac. to 4 Ac. 5,000 sq. ft.
+ 4 Ac. to 5 Ac. 5,500 sq. ft.
+ 5 Ac. to 10 Ac. 6,000 sq. ft.

 

C.

Home Occupations
Many types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this section are intended to permit residents to engage in home occupations, while ensuring that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations require that home occupations (an accessory use) remain subordinate to the allowed principal use (household living) and that the residential viability of the dwelling unit is maintained.

1.

Types of Home Occupations
There are two types of home occupations - Major Home Occupations and Minor Home Occupations. Both types are considered an accessory use to an allowed household living use. Unless otherwise expressly stated, the regulations of this Land Development Code apply to both types of home occupations.

2.

Minor Home Occupations - Defined
A Minor Home Occupation is one in which residents use up to 25 percent of the floor area of their home as a place of work, but in which no employees come to the site. Minor Home Occupations allow up to four customers per day, with a maximum of 12 customers per week, only between the hours of 7:00 a.m. and 9:00 p.m. No more than one customer is permitted on the site at any given time. Examples include, but are not limited to, artists, crafts people, writers, professional consultants personal care and grooming services, and employees of off-site businesses who work from their home. In addition, tutors, such as piano or other music teachers, who provide lessons to no more than 60 students per week and do not have non-resident employees coming to the site, shall be deemed minor home occupations. In addition, dog grooming services that would qualify as a Minor Home Occupation as a result of percentage of floor area of the home, customer activity and hours of operation may be allowed after it has been reviewed and approved in accordance with Conditional Use Review procedures of Sec. 20-0909. Unless otherwise expressly stated, any Conditional Use Permit for such dog grooming service granted pursuant to Section 20-0909 shall automatically terminate upon sale or transfer of the property. For purposes of calculating floor area of a minor or major home occupation in which the home occupation occupies a garage that is attached or detached from the primary home structure, the sum of the home and garage square footage shall be included in the total square footage from which the 25 percent maximum floor area is computed.

3.

Major Home Occupations - Defined
A Major Home Occupation is one in which residents use up to 25 percent of the floor area of their home as a place of work and that has a nonresident employee and/or customers coming to the site. Examples are counseling, tutoring, and hair cutting and styling.

4.

Allowed Uses
The home occupation regulations of this Land Development Code establish performance standards for accessory home occupations rather than defining a list of allowed home occupations. Uses that comply with all of the standards of this section will be allowed as home occupations unless they are specifically prohibited.

5.

Prohibited Uses

a.

Vehicle and Large Equipment Repair
Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts is prohibited.

b.

Dispatch Centers
Dispatch centers, where employees come to the site to be dispatched to other locations, are not allowed as home occupations.

c.

Mortuaries
Mortuaries are not allowed as home occupations.

d.

Animal Care, Grooming, or Boarding Facilities
Animal care or boarding facilities are not allowed as home occupations. This includes animal hospitals, kennels, stables and all other types of animal boarding and care facilities. Dog grooming services are also included as prohibited animal care or boarding facilities; however, to the extent such services would otherwise qualify as a Minor Home Occupation, dog grooming services may be allowed upon application as provided in paragraph 2, regarding Minor Home Occupations, above. In no event may dog grooming be allowed as a Major Home Occupation.

e.

Adult Establishments
Adult establishments as defined in Sec. 20-1202 are not allowed as a home occupation.

6.

Signs
No more than one sign shall be allowed on the site of a home occupation. The maximum size of the sign shall be one square foot. It may not be illuminated, and it must be attached to the dwelling unit.

7.

Outdoor Activities
All activities and storage areas must be conducted in completely enclosed structures.

8.

Exterior Appearance
There may be no change in the exterior appearance of the dwelling unit that houses the home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting. There may be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot.

9.

Operational Impacts
No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage that is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

10.

Trucks and Vehicles
No truck or van with a payload rating of more than 1 ton may be parked at the site of a home occupation, and no more than one truck or van with a payload rating of less than 1 ton is allowed at the site of a home occupation.

11.

Deliveries
Deliveries or pick-ups of supplies or products associated with business activities are allowed only between 8 a.m. and 6 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods.

12.

Major Home Occupations
The following regulations apply only to Major Home Occupations.

a.

Conditional Use Permits
No Major Home Occupation is allowed unless it has been reviewed and approved in accordance with Conditional Use Review procedures of Sec. 20-0909. Unless otherwise expressly stated, any Conditional Use Permit for such Major Home Occupation granted pursuant to Section 20-0909 shall automatically terminate upon sale or transfer of the property.

b.

Employees
A maximum of one nonresident employee is allowed with a Major Home Occupation provided no customers come to the site. Major Home Occupations that have customers coming to the site are not allowed to have nonresident employees. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.

c.

Customers
Customers may visit the site only during the hours of 7 a.m. to 9 p.m., and no more than 12 customers or clients may visit the site in any single day.

d.

Number
No more than one Major Home Occupation may be conducted on a single site. A Minor Home Occupation may be conducted on the site of a Major Home Occupation.

D.

Freestanding Non-Commercial Telecommunications Support Structures
Telecommunications Support Structures ("TSS") for the purpose of elevating non-commercial antennas are permitted as accessory uses in AG, SR, MR, UMU, NC, and NO zoning districts, pursuant to the requirements listed below.

1.

The maximum permitted height of a TSS for non-commercial antennas in an AG, SR, MR, UMU, NC, or NO zoning district or on a site with residential land use is a total of 50 feet, as measured from the ground to the top of the TSS. The maximum height of masts and/or antennas mounted on the TSS is 30 feet, for a total maximum height of 80 feet.

2.

In an AG, SR, MR, UMU, NC, or NO zoning district, or on a site with residential land use, a TSS of greater than 50 feet, up to a maximum of 70 feet, as measured from the ground to the top of the TSS is a conditional use. The maximum height of masts and/or antennas mounted on the TSS is 30 feet, for a total maximum height of 100 feet. Factors for considering approval of a conditional use for TSSs exceeding 50 feet in height include:

a.

Existence of a structure within 300 feet of the TSS, which will create interference with antenna operations.

b.

Tree heights in the yard where the TSS is to be located or in immediately adjacent yards are such that they will interfere with ham radio operations.

c.

The orientation of the trees, yard, TSS, and neighboring homes is such that the increased height will not make the TSS more noticeable or more intrusive to properties within 300 feet.

3.

In all other zoning districts, the provisions of Section 20-0402.N. shall apply.

4.

Non-commercial antenna TSS shall be permitted only in the rear yard of the property. If the yard is configured in a manner such that there is essentially no rear yard available for the TSS, the Zoning Administrator may approve placement of the TSS within the sideyard. In addition, if the Zoning Administrator determines that locating the TSS in the sideyard would result in reduced visibility of the TSS by neighboring properties, a sideyard location may be approved.

5.

Setbacks of the TSS shall meet the dimensional standards of the zoning district in which they are located. Antennas mounted upon such TSS shall not project beyond the property lines.

6.

Guy wires, if used, may be anchored within the side or rear yard setbacks of the property. They shall not project into or be anchored into the front yard.

7.

The application for a Building Permit and/or Conditional Use Permit for a freestanding non-commercial antenna TSS shall include:

a.

A site plan showing the exact proposed location of the TSS,

b.

Installation plans demonstrating the adequacy of the structural design,

c.

Documentation showing the proposed height of the TSS and the materials from which it will be constructed, and

d.

Any other information as deemed necessary by the Inspections Administrator or the Zoning Administrator.

8.

One freestanding non-commercial antenna TSS shall be permitted per residential unit. Additional TSSs, up to a maximum of three, require approval of a Conditional Use Permit, subject to the review criteria stated above and the criteria listed in Section 20-0909.

E.

Keeping of Chickens
The keeping of chickens authorized by a city permit in accordance with Article 12-03 shall not be considered an agricultural use but, rather, shall be considered an accessory use to household living. [See also § 20-1203.G, Agricultural use category.]

Source: 2985 (1999), 3008 (1999), 3062 (1999), 4039 (2000), 4164 (2001), 4180 (2001), 4224 (2002), 4239 (2002), 4299 (2003), 4337 (2003), 4695 (2009), 4704 (2009), 5091 (2017), 5092 (2017), 5179 (2018), 5379 (2022), 5466 (2025).

§20-0404 - Temporary Uses

A.

Purpose
Provisions authorizing temporary uses are intended to permit occasional, temporary uses and activities when consistent with the purposes of this Land Development Code and when compatible with other nearby uses.

B.

Exemptions
The following shall be permitted as temporary uses without complying with the permit requirements of this section:

1.

Garage sales conducted in residential areas by the owner of such premises for no more than 3 days total in any 180-day period; and

2.

Christmas tree sales.

C.

Authority to Approve
Temporary uses are prohibited, except that the Zoning Administrator shall have the authority and responsibility to grant permits for certain temporary uses as provided in this section.

D.

Definition
A temporary use is a use of property conducted from an area, structure or facility that does not require a building permit from the City of Fargo and which may not comply with the use or dimensional standards of this Land Development Code. Such area, facility, or structure may include parking lots, lawns, trucks, tents, or other temporary structures.

E.

Time Limit
Temporary uses will be permitted for a maximum of 15 days, provided, however, the Zoning Administrator should be authorized to allow such temporary use to extend for as long as 8 months. Upon expiration of a temporary use permit, another permit for the same premises may not be obtained for at least 30 days. The applicant shall submit a written explanation of the length of time needed for the temporary use.

Examples of uses that require temporary use permits include, but are not limited to the following:

1.

Greenhouses,

2.

Fireworks sales (permitted outside City limits only),

3.

Outdoor seating and serving area at a restaurant (must include an alternative parking plan if on-site parking area is affected),

4.

On-site storage tents, trailers, or other shelter to house inventory during construction or other unusual business interruptions.

F.

Permit Required
A permit must be obtained from the Zoning Administrator before establishing a temporary use.

G.

Procedure
A complete application for Temporary Use Permit must be submitted to the Zoning Administrator in a form established by the Zoning Administrator along with a non-refundable fee that has been established by the Board of City Commissioners. No application will be processed until the application is complete and the required fee has been paid. The application shall be reviewed for its likely effects and surrounding properties and its compliance with the purpose of this section. The Zoning Administrator shall impose such conditions of approval as are necessary to ensure compliance with the purposes of this Land Development Code. If the permit complies with all applicable provisions of this Land Development Code it will be approved.

Source: 4164 (2001).