A.

Powers and Duties
The Board of City Commissioner's powers and duties under this Land development code are set out in this subsection.

1.

Land Development Code Text Amendments
The Board of City Commissioners shall be responsible for reviewing Land Development Code text amendment applications and for taking the final local action to approve or deny such applications.

2.

Area Plans
The Board of City Commissioners shall be responsible for reviewing Area Plan applications and for taking the final local action to approve, approve with conditions or deny such applications.

3.

Zoning Map Amendments
The Board of City Commissioners shall be responsible for reviewing zoning map amendment (rezoning) applications and for taking the final local action to approve, approve with conditions or deny such applications.

4.

Major Subdivisions
The Board of City Commissioners shall be responsible for reviewing and taking the final local action to approve or deny Major Subdivision Plat applications.

5.

Planned Unit Developments

a.

PUD Master Land Use Plan and PUD Rezonings
The Board of City Commissioners shall be responsible for reviewing PUD Master Land Use Plan and PUD Rezoning applications and for taking the final local action to approve, approve with conditions or deny such applications.

b.

PUD Final Development Plan
The Board of City Commissioners shall be responsible for hearing appeals of the Planning Commission's decision on PUD Final Development Plans and for taking the final local action on such appeals.

6.

Conditional Use Permits
The Board of City Commissioners shall be responsible for hearing appeals of the Planning Commission's decision on Conditional Use Permits and for taking the final local action on such appeals.

7.

Site Plan Review
The Board of City Commissioners shall be responsible for hearing appeals of the Planning Commission's decision on Site Plan Review matters and for taking the final local action on such appeals.

8.

Institutional Master Plans
The Board of City Commissioners shall be responsible for hearing appeals of the Planning Commission's decision on Institutional Master Plans and for taking the final local action on such appeals.

9.

Certificates of Appropriateness
The Board of City Commissioners shall be responsible for hearing appeals of the Planning Commission's decision on Certificates of Appropriateness and for taking the final local action on such appeals.

10.

Variances
The Board of City Commissioners shall be responsible for hearing appeals of the Board of Adjustment's decision on Variance matters and for taking the final local action on such appeals.

11.

Appeals of Administrative Decisions
The Board of City Commissioners shall be responsible for hearing appeals of the Board of Adjustment's decision on Appeals of Administrative Decisions and for taking the final local action on such appeals.

A.

Appointment

1.

The Planning Commission shall consist of eleven (11) members, eight (8) of whom shall be appointed by the Board of City Commissioners for 3-year terms and three (3) of whom shall be appointed by the Cass County Board of Commissioners for 5-year terms, in accordance with Sections 40-47-06 and 40-48-03 of the North Dakota Century Code. If a vacancy occurs by means other than expiration of a term, the vacancy shall be filled by appointment for the unexpired portion of the term. Planning Commissioners appointed by the Board of City Commissioners must be residents of the City of Fargo.

2.

The President of the Board of City Commissioners shall appoint the members of the Planning Commission on or before the second regular meeting of the Board of City Commissioners in June of each year and shall submit the names of the persons appointed and the lengths of their terms to the Board of City Commissioners at the second meeting in June of each year. The Board of City Commissioners shall, by a majority vote, confirm or reject such appointments. If such appointments are rejected, the President of the Board of City Commissioners shall make other appointments, which shall be approved or rejected in the same manner. The provisions of this section shall not apply to the three (3) rural members of the Planning Commission who shall be appointed and confirmed by the Cass County Board of Commissioners.

B.

Removal
Any member of the Planning Commission may be removed by the President of the Board of City Commissioners, subject to the concurrence of a majority of the qualified and existing members of the Board of City Commissioners as defined in section 1-0203 of the Revised Ordinances of 1965 of the City of Fargo; provided, however, that no member of the Planning Commission may be removed until they have been afforded an opportunity of a hearing before the Board of City Commissioners and shall have been given at least 10 days written notice of such hearing by certified or registered mail.

C.

Rules
The Planning Commission shall elect a chair and vice-chair at its regularly scheduled June meeting each year. The Planning Commission shall adopt rules and by-laws for the transaction of business.

D.

Powers and Duties
The Planning Commission shall have such powers and shall perform such duties as may now or hereinafter be provided by law for any Planning or Zoning Commission, and, in addition thereto, shall act in an advisory capacity to the Board of City Commissioners in any matter which may be assigned to the Planning Commission for consideration and recommendation. Members of the Planning Commission shall receive no compensation, except that they may be allowed actual expenses for traveling as provided by law. The Planning Commission's powers and duties under this Land Development Code are set out in this subsection (below).

1.

Land Development Code Text Amendments
The Planning Commission shall be responsible for reviewing Land Development Code text amendment applications and for recommending that the Board of City Commissioners approve or deny such applications.

2.

Area Plans
The Planning Commission shall be responsible for reviewing Area Plan applications and for recommending that the Board of City Commissioners approve, approve with conditions or deny such applications.

3.

Zoning Map Amendments
The Planning Commission shall be responsible for reviewing zoning map amendment (rezoning) applications and for recommending that the Board of City Commissioners approve, approve with conditions or deny such applications.

4.

Minor Subdivisions
The Planning Commission shall be responsible for recommending that the Board of City Commissioners, approve, approve with conditions or deny Minor Subdivision Plat applications.

5.

Major Subdivisions
The Planning Commission shall be responsible for recommending that the Board of City Commissioners approve, approve with conditions or deny Major Subdivision Plat applications.

6.

Planned Unit Developments

a.

PUD Master Land Use Plan and PUD Rezoning
The Planning Commission shall be responsible for reviewing PUD Master Land Use Plan and PUD Rezoning applications and for recommending that the Board of City Commissioners approve, approve with conditions or deny such applications.

b.

PUD Final Development Plan
The Planning Commission shall be responsible for reviewing PUD Final Development Plans and for acting to approve, approve with conditions or deny such applications.

7.

Conditional Use Permits
The Planning Commission shall be responsible for hearing and reviewing Conditional Use Permit applications and for acting to approve, approve with conditions or deny such applications.

8.

Site Plan Review
The Planning Commission shall be responsible for hearing appeals of the Zoning Administrator's decision on Site Plan Review matters and for acting to approve, approve with conditions or deny the application.

9.

Institutional Master Plans
The Planning Commission shall be responsible for reviewing Institutional Master Plans and for acting to approve, approve with conditions or deny such applications.

10.

Certificates of Appropriateness
The Planning Commission shall be responsible for hearing appeals of the Historic Preservation Commission's decision on Certificates of Appropriateness and for acting to approve, approve with conditions or deny the application.

11.

Other Matters
The Planning Commission shall have such other duties as determined from time-to-time by the Board of City Commissioners and as provided by law.

Source 4592 (2007).

A.

Appointment
The Board of Adjustment shall consist of five (5) members who shall be appointed by the Board of City Commissioners for 3-year terms. If a vacancy occurs by means other than expiration of a term, the vacancy shall be filled by appointment for the unexpired portion of the term.

B.

Rules
The Board of Adjustment shall elect a chair and vice-chair. The Zoning Administrator shall serve as Secretary. The Board of Adjustment shall adopt rules and by-laws for the transaction of business.

C.

Powers and Duties
The Board of Adjustment's powers and duties under this Land Development Code are set out in this subsection.

1.

Zoning Variance
The Board of Adjustment shall be responsible for reviewing and taking final local action to approve, approve with conditions or deny zoning variance applications.

2.

Appeals of Administrative Decisions
In all matters where appeal powers have not been specifically assigned to the Planning Commission or Board of City Commissioners, the Board of Adjustment shall be responsible for hearing appeals of administrative decisions and for taking the final local action to uphold or overturn the administrative official's decision.

A.

Purposes and Intent

1.

The purpose of this section is to establish a program for the preservation, protection and regulation of historic properties within the City of Fargo for the educational, cultural, economic, and general welfare of the public; to safeguard the heritage of the City by preserving and regulating historic properties that reflect elements of its cultural, social, economic, political and architectural history; to preserve the City's economic base by the stimulation of the tourist industry; to establish and improve property values; to foster economic development; to manage growth; to foster civic pride in the beauty and noble accomplishments of the past; and to promote the use of historic properties for the education, pleasure and welfare of the people of the City of Fargo.

2.

It is intended that the Historic Preservation Commission will cooperate with and assist various local, state and federal entities and agencies in the enforcement of federal and state legislation to identify, evaluate, designate, and protect properties significant in the pre-history, history, architecture, engineering and culture of the community, state and nation.

3.

It is further declared that the purposes of this article are to:

a.

Retain and enhance historic properties within the City of Fargo while allowing their adaption for current use by assuring that alterations are compatible with their historic character; and

b.

Assure that new construction and subdivision of lots in designated historic districts complies with the standards of this Land Development Code.

B.

Creation of Historic Preservation Commission
There is hereby created a body to be known as the Historic Preservation Commission of the City of Fargo, which shall have powers and duties as hereinafter provided.

C.

Appointment and Terms
The Historic Preservation Commission shall consist of seven (7) members who shall be residents of the City of Fargo. At least a majority of the membership shall be comprised of persons from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines, such as urban planning, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. Members shall be appointed by the Mayor, subject to ratification and approval by the Board of City Commissioners. The appointments shall be made as follows, to-wit: two (2) members who shall serve for a term of one year; two (2) members who shall serve for a term of two (2) years; and three (3) members who shall serve for a term of three (3) years. All terms shall commence on November 1, 1990. At the expiration of the terms of the members as aforesaid, members shall be appointed for 3-year terms. If a vacancy occurs for reasons other than expiration of a term, it shall be filled by appointment for the unexpired portion of the term. Notwithstanding the expiration of a member's term, such member may serve until his successor has been appointed and qualified. No member of the Historic Preservation Commission shall be entitled to any compensation, except that reasonable expenses may be paid if budgeted and approved in advance.

D.

Rules
The Historic Preservation Commission shall prepare and adopt by-laws and rules governing its own operation and, at its first meeting following November 1 each year, it shall elect a chair and vice-chair to serve until their successors are elected and qualified. The majority of the existing and qualified members of the Historic Preservation Commission shall constitute a quorum for the conduct of business.

E.

Meetings
The Historic Preservation Commission shall conduct at least four (4) public meetings annually at the Fargo City Hall. All meetings shall be open to the public and advance notice shall be posted in the City Hall. Appropriate minutes of all meetings shall be maintained and kept in the office of the Planning Department and shall be provided to the State Historical Society within sixty (60) days following each Historic Preservation Commission meeting, or at such other times as may be directed.

F.

Employment of Staff
The Historic Preservation Commission, if authorized by the Board of City Commissioners, may employ such persons and obtain such services as may be necessary to direct, advise, and assist the Historic Preservation Commission and obtain equipment, supplies, services and other material which may be necessary to its effective operation.

G.

Funding
The Board of City Commissioners may annually appropriate funds, within budget limitations, for the operation of the Historic Preservation Commission. The Historic Preservation Commission, in addition to the appropriations made by the City of Fargo, shall have the right to receive, hold and spend funds which it may legally receive from any and every source, both in and out of the state of North Dakota, for the purpose of carrying out the provisions of this article.

H.

Powers and Duties
The Historic Preservation Commission shall have the powers and duties as hereinafter provided and in addition thereto, shall act in an advisory capacity to the Board of City Commissioners and the Fargo Planning Commission in any manner which may be assigned to said Historic Preservation Commission for consideration and recommendation. The following general powers and duties are specifically conferred upon the Historic Preservation Commission.

1.

To promulgate criteria for classifying properties within the City as having historic significance.

2.

To prepare, or have prepared on its behalf, a comprehensive inventory of historically significant properties within the City.

3.

To make recommendations to the Board of City Commissioners concerning the acquisition of fee simple and less than fee simple rights in properties within the City for purposes of historic preservation.

4.

To make recommendations to the Board of City Commissioners for any additional ordinances or administrative procedures required to implement the stated purpose and intent of this section.

5.

To develop and participate in educational programs to increase public awareness of the value of historic preservation and of the preservation program established by this ordinance.

6.

To make recommendations to the Board of City Commissioners:

a.

Regarding application for and acceptance and utilization of grants from federal, state and local agencies or other entities, private groups, and individuals, and

b.

For budgetary appropriations to promote and advance the preservation of historic properties in the City and to otherwise implement the stated purpose and intent of this section.

c.

To evaluate and comment upon plans, proposals, permits and applications which are developed or required by other public agencies — including those developed by other commissions, offices, and departments of the City — which may, in the opinion of the Historic Preservation Commission, either directly or indirectly affect any property or properties deemed by the Historic Preservation Commission to have historic value.

7.

To prepare and submit, in accordance with all applicable federal laws and regulations, nominations to the National Register of Historic Places for properties deemed by the Historic Preservation Commission to be significant in local, state or national history.

8.

To review and comment upon all certifications of significance and certifications of rehabilitation as requested by the North Dakota State Historic Preservation Officer.

9.

To accept such gifts or grants as may be appropriate for fulfilling the purposes of this ordinance.

10.

To identify and recommend, for historic preservation purposes, such organization or organizations to which fee titles or lesser interest in property should be granted.

11.

To submit and file such information, findings and resolutions deemed necessary and appropriate by the Historic Preservation Commission with the State Historical Society of North Dakota.

12.

To review and comment to all local, state or federal agencies or entities deemed necessary with regard to governmental funded, assisted or licensed projects with emphasis as to the presence of historically significant properties within the project's impact area, the extent of the project's effect on historically significant properties and proposed means of mitigating any adverse effect.

13.

To review and comment on any building permits which are pending or which have been issued by the City of Fargo which may, in the opinion of the Historic Preservation Commission, either directly or indirectly have an effect on property or properties having historic significance. Unless otherwise expressly provided in this Land Development Code, the Historic Preservation Commission shall have no power to delay or prohibit the issuance of any building permit.

14.

Perform any other functions which may be assigned or delegated to it by the Board of City Commissioners.

15.

Review each Certificate of Appropriateness application and act to approve or deny the application. (See Sec. 20-0912.)

A.

Purposes and Intent

1.

The purpose of this section is to establish a commission to ensure that public art continues to be a valuable part of Fargo to encourage the display of public art by citizens, developers, property owners, architects and builders to provide a process for review and recommendation to the city commission of the commissioning and placement of public art by the city; to ensure that existing public art is properly displayed and maintained and that it is accessible to the general public.

2.

The Arts and Culture Commission is not a municipal arts council as provided by N.D.C.C. Chapter 40-38.1. As a result, the Arts and Culture Commission is not authorized to levy city property taxes; however, the Arts and Culture Commission is authorized to receive and expend funds as provided by N.D.C.C. § 40-05-01(73).

B.

Creation of Arts and Culture Commission
There is hereby created an Arts and Culture Commission of the city of Fargo, which shall have powers and duties as hereinafter provided.

C.

Appointment and Terms
The Arts and Culture Commission shall consist of nine (9) members who shall be residents of the City of Fargo. One member shall be a representative of the Downtown Community Partnership if available. One member shall be a representative of an established neighborhood association if available. Four members shall have a background in arts and humanities or shall have experience participating in the arts and culture activities in the community. The rest of the members shall be at large. Members shall be appointed by the Mayor, subject to ratification and approval by the Board of City Commissioners. The appointments shall be made as follows, to-wit: three (3) members who shall serve for a term of one (1) year; three (3) members who shall serve for a term of two (2) years; and three (3) members who shall serve for a term of three (3) years. All terms shall commence 2015. June 1 of each year, beginning in 2016, shall be considered the expiration date. At the expiration of the terms of the members as aforesaid, members shall be appointed for 3-year terms. If a vacancy occurs for reasons other than expiration of a term, it shall be filled by appointment for the unexpired portion of the term. Notwithstanding the expiration of a member's term, such member may serve until his successor has been appointed and qualified. No member of the Arts and Culture Commission shall be entitled to any compensation, except that reasonable expenses may be paid if budgeted and approved in advance.

D.

Rules
The Arts and Culture Commission shall prepare and adopt by-laws and rules governing its own operation and, at its first meeting following January 1 ^st each year, it shall elect a chair and vice-chair to serve until their successors are elected and qualified. The majority of the existing and qualified members of the Arts and Culture Commission shall constitute a quorum for the conduct of business.

E.

Meetings
All meetings of the Arts and Culture Commission shall be governed by North Dakota open meeting law. Minutes of meetings shall be kept in the office of the Planning Department.

F.

Funding
The board of city commissioners may annually appropriate funds, within budget limitations, for the operation of the Arts and Culture Commission. As provided by state law, the Arts and Culture Commission, in addition to the appropriations made by the city of Fargo, is authorized to receive, hold and spend funds which it may legally receive from any and every source, both in and out of the state of North Dakota, for the purpose of carrying out the provisions of this article.

G.

Powers and Duties
The Arts and Culture Commission shall have the powers and duties as hereinafter provided and in addition thereto, shall act in an advisory capacity to the board of city commissioners in any manner which may be assigned to said Arts and Culture Commission for consideration and recommendation. The following general powers and duties are specifically conferred upon the Arts and Culture Commission.

1.

Managing and facilitating new public art commissions or works of art gifted to the city.

2.

Managing available funds and engaging in active pursuit of public art grants and other relevant funding opportunities.

3.

Reporting to city commission annually the status of donations, monies received and expended, and the purpose of all expenditures.

4.

Guiding the development of a public art master plan and maintaining said master plan.

5.

Identifying opportunities for public art within current and future capital improvement projects.

6.

Managing a public art collection.

7.

Promoting public art through education.

8.

Employing qualified city staff to support the activities of the council.

9.

To make recommendations to the board of city commissioners for any additional ordinances or administrative procedures required to implement the stated purpose and intent of this section.

10.

To accept such gifts or grants as may be appropriate for fulfilling the purposes of this ordinance.

11.

Maintain public art as needed.

12.

Perform any other functions which may be assigned or delegated to it by the board of city commissioners.

Source: 4948 (2014), 4981 (2015).