Chapter 39 – Zoning

Last updated August 25,  2020

Articles:

39.01   General Provisions

39.02   Definitions

39.03   Use Types

39.04   Zoning District Regulations

39.05   Special and Overlay Districts

39.06   Supplemental Use Regulations

39.07   Supplemental Site Development Regulations

39.08   Landscaping and Screening Standards

39.09   Off-Street Parking

39.10   Sign Regulations

39.11   Nonconforming Development

39.12   Administration and Procedures

39.13   Crew Camp Housing

39.28   Lighting

Article 39.01 General Provisions

Sections:

39.01.001        Title

39.01.002        Jurisdiction

39.01.003        Purpose

39.01.004        Consistency with Comprehensive Development Plan

39.01.005        Conflicting Provisions

39.01.006        Relief from Other Provisions

39.01.007        Severability of Provision

39.01.008        Prohibited Land Uses

Section 39.01.001      Title

This title of the Dickinson Municipal Code shall be known as Zoning Ordinance of the City of Dickinson.  (Ord. No. 1171 § 1.)

Section 39.01.002      Jurisdiction

The provisions of this chapter shall be applicable to all property within the corporate limits of the City of Dickinson and its extra-territorial jurisdiction as provided by Chapters 40-47 of the North Dakota Century Code.  The townships, sections and portions of sections within the jurisdiction of this chapter shall be as set forth in Table 1-1, Entitled “Dickinson ETZ”.

In addition to zoning regulations, the application of municipal building and property maintenance codes, basic housing codes, subdivision regulations, special use licensing and fire district codes shall be enforced in the extraterritorial zoning area as well as in the incorporated area of the municipality.  (Ord. No. 1171 § 1, Ord. No. 1418 § 1)

TABLE 1-1    Dickinson ETZ

Township 139 North, Range 96 West

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

N1/2, SE1/4, N1/2SW1/4 and SE1/4SW1/4 of Section 18

N1/2NE1/4 and SE1/4NE1/4 of Section 19

N1/2, SE1/4 and N1/2SW1/4 of Section 20

Section 21

Section 22

Section 23

NW1/4, N1/2NE1/4 and W1/2SW1/4 of Section 24

NW1/4, N1/2NE1/4, SW1/4NE1/4 and NW1/4SW1/4 of Section 26

N1/2 and N1/2S1/2 of Section 27

N1/2 and NE1/4SW1/4 of Section 28

NE1/4NE1/4 of Section 29

Township 139 North, Range 97 West

Section 1

E1/2, E1/2NW1/4, NW1/4NW1/4 and NE1/4SW1/4 of Section 2

N1/2NE1/4 and SE1/4NE1/4 of Section 11

N1/2, SE1/4, N1/2SW1/4 and SE1/4SW1/4 of Section 12

NE1/4, NE1/4NW1/4 and NE1/4SE1/4 of Section 13

Township 140 North, Range 97 West

SE1/4, E1/2SW1/4 and SW1/4SW1/4 of Section 13

SE1/4SE1/4 of Section 14

E1/2, SE1/4NW1/4, E1/2SW1/4 and SW1/4SW1/4 of Section 23

Section 24

Section 25

Section 26

Section 35

Section 36

Township 140 North, Range 96 West

SE1/4SE1/4 of Section 8

S1/2SW1/4 and NE1/4SW1/4 of Section 9

S1/2 of Section 10

S1/2SW1/4 of Section 11

W1/2, SE1/4 and S1/2NE1/4 of Section 14

Section 15

Section 16

E1/2, SW1/4, S1/2NW1/4 and NE1/4NW1/4 of Section 17

S1/2 and SE1/4NE1/4 of Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

S1/2 and NW1/4 of Section 24

Section 25

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Township 139 North, Range 95 West

Section 5

Section 6

Section 7

W1/2, NE1/4, N1/2SE1/4 and SW1/4SE1/4 of Section 8

NW1/4, NW1/4NE1/4 and NW1/4SW1/4 of Section 17

N1/2, SW1/4, W1/2SE1/4 and NE1/4SE1/4 of Section 18

Township 140 North, Range 95 West

W1/2SW1/4 of Section 29

S1/2, S1/2NW1/4 and SW1/4NE1/4 of Section 30

Section 31

S1/2, NW1/4 and SW1/4NE1/4 of Section 32

(Ord. No. 1561 § 1.)

Section 39.01.003      Purpose

The purposes of the Zoning Ordinance of the City of Dickinson are to:

            a.         Serve the public health, safety, and general welfare of the city and its jurisdiction.

            b.         Classify property in a manner that reflects its suitability for specific uses.

            c.         Provide for sound, attractive development within the city and its jurisdiction.

            d.         Encourage compatibility of adjacent land uses.

            e.         Protect environmentally sensitive areas.

f.          Further the objectives of the Comprehensive Development Plan of the City of Dickinson. (Ord. No.1171 § 1.)

Section 39.01.004      Consistency with Comprehensive Development Plan

The City of Dickinson intends that this Zoning Ordinance and any amendments to it shall be consistent with the City’s comprehensive Development Plan.  It is the City’s intent to amend this ordinance whenever such action is deemed necessary to keep regulatory provisions in conformance with the Comprehensive Development Plan. (Ord. No. 1171 § 1.)

Section 39.01.005      Conflicting Provisions

The Zoning Ordinance shall be held to provide the minimum requirements necessary for the promotion of the public health, safety and welfare.  If any provision of the Zoning Ordinance conflicts with any other provision of the Zoning Ordinance, any other Ordinance of the City of Dickinson, or any applicable State or Federal law, the more restrictive provision shall apply. (Ord. No. 1171 § 1.)

Section 39.01.006      Relief from Other Provisions

Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any local, State, or Federal ordinance or statute. (Ord. No. 1171 § 1.)

Section 39.01.007      Severability of Provision

If any chapter, section, clause, or phrase of this Zoning Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. (Ord. No. 1171 § 1.)

Section 39.01.008      Prohibited Land Uses

Any land use not described in this Chapter shall be prohibited, unless expressly permitted or allowed as a special use.  A land use that is similar to described uses may be allowed by a special use permit.   (Ord. No. 1171, § 1; Ord. No. 1195, § 1. Ord. No. 1604, § 1.)

Article 39.02 Definitions

Sections:

39.02.001        Purpose

39.02.002        General Construction of Language

39.02.003        Definition of Terms

39.02.004        A

39.02.005        B

39.02.006        C

39.02.007        D

39.02.008        E

39.02.009        F

39.02.010        G

39.02.011        H

39.02.012        I

39.02.013        J

39.02.014        K

39.02.015        L

39.02.016        M

39.02.017        N

39.02.018        O

39.02.019        P

39.02.020        Q

39.02.021        R

39.02.022        S

39.02.023        T

39.02.024        U

39.02.025        V

39.02.026        W

39.02.027        X

39.02.028        Y

39.02.029        Z

Section 39.02.001      Purpose

Article Two shall be known as the Definitions.  The purpose of these provisions is to promote consistency and precision in the interpretation of the Zoning Ordinance.  The meaning and construction of words as set forth shall apply throughout the Zoning Ordinance, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction. (Ord. No. 1171 § 1.)

Section 39.02.002      General Construction of Language

The following general rules of construction apply to the text of the Zoning Ordinance.

a.         Headings

Section and subsection headings contained herein are provided for illustrative purposes only and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, intent of any provision of the Zoning Ordinance.

                        b.         Illustration

In the case of any real or apparent conflict between the text of the Ordinance and any illustration explaining the text, the text shall apply.

                        c.         Shall and May

                                    “Shall” is always mandatory.  “May” is discretionary.

                        d.         Tenses and Numbers

Words used in the present tense include the future tense.  Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates contrary.

                        e.         Conjunctions

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

                                    1.      “And” indicates that all connected items or provisions apply.

                                    2.      “Or” indicates that the connected items or provisions may apply singly or in any combination.

3.       “Either…or” indicates that the connected items or provisions shall apply singly but not in combination.

                        f.          Referenced Agencies

Unless otherwise indicated, all public officials, bodies, and agencies referred to in this Chapter are those of the City of Dickinson. (Ord. No. 1171 § 1.)

Section 39.02.003      Definition of Terms

For the purposes of this Zoning Ordinance, certain terms and words are hereby defined.  Certain sections contain definitions which are additional to those listed here.  Where terms are not specifically defined, their ordinarily accepted meaning or meanings implied by their context shall apply. (Ord. No. 1171 § 1.)

Section 39.02.004      A

1.  Abutting:  Having lot lines or district boundaries in common, including property separated by a public street or alley.  Used interchangeably with adjacent.

2.  Accessory Structure:  A structure which is incidental to and customarily associated with a specific principal use or building on the same site.

3.  Accessory Use:  A use which is incidental to and customarily associated with a specific principal use on the same site.

4.  Addition:  Any construction which increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.

5.  Agent of Owner:  Any person showing written verification that he/she is acting for, and with the knowledge and consent of, a property owner.

6.  Alley:  A public right of way which is used as a secondary means of access to abutting property.

7.  Alteration:  Any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.

8.  Apartment:  A housing unit within a building designed for and suitable for occupancy by only one family.  Apartments are generally located within multi-family residential buildings.

9.  Attached:  Having one or more walls in common with a principal building or connected to a principal building by an integral architectural element, such as a covered passageway; facade wall extension; or archway. (Ord. No. 1171 § 1.)

Section 39.02.005      B

1.  Base Zoning District:  A district established by this Ordinance which prescribes basic regulations governing land use and site development standards.  No more than one Base Zoning District shall apply to any individually platted lot or parcel unless the lot or parcel is part of a Planned Unit Development.

2.  Basement:  A level of a building below street level that has at least one-half of its height below the surface of adjacent ground.  A basement used for independent dwelling or business purposes shall be considered a story for the purposes of height measurement.

3.  Beginning of Construction:  The initial incorporation of labor and materials within the foundation of a building or structure.

4.  Block:  An area of land within a subdivision that is entirely bounded by streets, by streets and the exterior boundaries of the subdivision, or by a combination of the above with a watercourse or lake, and which has been designated as such on a plat for the purposes of legal description of a property.

5.  Block Face:  The property abutting one side of a street and lying between the two nearest intersection streets, or between the one nearest intersecting street and a major physical barrier, including, but not limited to, railroads, streams, lakes, or the corporate limits of Dickinson.

6.  Board of Adjustment:  A body authorized by the city commission expressly for the purpose of granting relief from situations of hardship and to hear appeals as provided by this Ordinance.

7.  Bufferyard:  A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

8.  Building:  A structure entirely separated from any other structure by space or by walls and having a roof and built to provide shelter, support, or enclosure for persons or property.

9.  Building Coverage:  The area of a site covered by buildings or roofed areas, excluding allowed projecting, eaves, balconies, and similar features.

10. Building Envelope:  The three-dimensional space within which a structure is permitted to be built on a lot after all zoning and other applicable municipal requirements have been met.

11. Building Line:  The outer boundary of a building established by the location of its exterior walls.

12. Building Official:  The designee of the City Commission, responsible for the enforcement of the Uniform Building Code.

13. Business:  Activities that include the exchange or manufacture of goods or services on a site.

14. Business Center:  A building containing more than one commercial business, or any group of nonresidential buildings within a common development, characterized by shared parking and access. (Ord. No. 1171 § 1. Ord. No. 1610 § 1)

Section 39.02.006      C

1.  Certificate of Occupancy:  An official certificate issued by the Building Official, Planning Director, or his/her designee, upon finding of conformance with the Unified Building Code, and upon receipt of a Certificate of Zoning Compliance.

2.  Certificate of Zoning Compliance:  An official certificate issued by the Building Official or his/her designee, which indicates that the proposed use of building or land complies with the provisions of the Zoning Ordinance.

3.  Change of Use:  The replacement of an existing use by a new use.

4.  Cluster:  A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.

5.  City:  The City of Dickinson, North Dakota.

6.  City Commission:  The City Commission of Dickinson, North Dakota.

7.  Collector Street:  A street connecting neighborhoods within the same communities, designed to carry traffic from local to arterial streets.

8.  Common Area:  An area held, designed, and designated for common or cooperative use within a development.

9.  Common Development:  A development proposed and planned as one unified project not separated by a public street or alley.

10. Common Open Space:  Land within or related to a development that is not individually owned or dedicated for public use, designed and generally intended for the common use of the residents of the development.

11. Communications Tower:  A structure situation on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

12. Compatibility:  The degree to which two or more different land use types are able to exist together in close proximity, with no one use having significant negative effects on any other use.

13. Comprehensive Plan:  The duly adopted Comprehensive Development Plan of the City of Dickinson.

14. Condominium:  A real estate ownership arrangement that combines fee simple title to a specific unit and joint ownership in common elements shared with other unit owners.  Types of units may include dwelling units, parking spaces, office spaces, or commercial spaces.

15. Conservation Development:  A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive features.

16. Conservation Subdivision:  Wholly or in majority, a residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided 1) there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and 2) the remaining land area is used for common space.

17. Conventional Subdivision:  A subdivision which literally meets all nominal standards of the City’s zoning and subdivision ordinance for lot dimensions, setbacks, street frontage, and other site development regulations.

18. County:  Stark County, North Dakota.

19. Court:  An approved private right-of-way which provides access to residential properties and meets at least three of the following conditions:

                        (a)       Serves twelve or fewer housing units or platted lots.

                        (b)       Does not function as a local street because of its alignment, design, or location.

                        (c)       Is completely internal to a development.

                        (d)       Does not exceed 600 feet in length.

20. Courtyard:  An open, unoccupied space, bounded on two or more sides by the walls of the building.    (Ord. No. 1171 § 1. Ord. No. 1610 § 1)

Section 39.02.007      D

1.  Density:  The amount of development per specific unit of a site.

2.  Drive-in Services:  Uses which involve the sale of products or provision of service to occupants in vehicles.

3.  Detached:  Fully separated from any other building or jointed to another building in such a manner as not to constitute an enclosed or covered connection.

4.  Driveway:  A permanently paved, surfaced area providing vehicular access between a street and an off-street parking or loading area.

5.  Dwelling Unit:  One or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. (Ord. No. 1171 § 1.)

Section 39.02.008      E

  1. Easement:  A privilege or right of use granted on, above, under, or across a particular tract of land for a specific purpose by one owner to another owner, public or private agency, or utility.
  2. Enclosed:  A roofed or covered space fully surrounded by walls.
  3. Extraterritorial:  Within the zoning or subdivision jurisdiction of the City of Dickinson, but outside its corporate limits.  The Extra-territorial jurisdiction of Dickinson extends for two miles beyond its corporate limits. (Ord. No. 1171 § 1.)

Section 39.02.009      F

1.  Family:  One or more persons living together and sharing common living, sleeping, cooking, and eating facilities within an individual housing unit, no more than four of whom may be unrelated. The following persons shall be considered related for the purpose of this title:

                        (a)       Persons related by blood, marriage, or adoption;

                        (b)       Persons residing with a family for the purpose of adoption;

(c)       Not more than eight persons under 19 years of age, residing in a foster house licensed or approved by the State of North Dakota.

(d)       Not more than eight persons 19 years of age or older residing with a family for the purpose of receiving foster care licensed or approved by the State of North Dakota.

                        (e)       Person(s) living with a family at the direction of a court.

2.  Federal:  Pertaining to the Government of the United States of America.

3.  Floor Area Ratio:  The quotient of gross floor area divided by gross site area.

4.  Frontage:  The length of a property line of any one premises abutting and parallel to a public street, private way, or court. (Ord. No. 1171 § 1.)

Section 39.02.010      G

1.  Grade:  The surface of the ground, court, lawn, yard, or sidewalks adjoining a building, with the established grade being one fixed by the city and which established grade shall also constitute the natural grade and the finished grade.

2.  Gross Floor Area:  The total enclosed area of all floors of a building, measured to the inside surfaces of the exterior walls.  This definition excludes the areas of basements, elevator shafts,             airspaces above atriums, and enclosed off-street parking and loading areas serving a principal use. (Ord. No. 1171 § 1.)

Section 39.02.011      H

1.  Height:  The vertical distance from the established grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or to the average height between eaves and the ridge for gable, hip, shed, or gambrel roofs.  For other cases, height shall be measured as the vertical distance from the established grade to the highest point of a structure as herein defined.  Where a building or structure is located on a slope, height shall be measured from the average grade level adjacent to the building or structure.

2.  Home Based Business/Home Occupation:  An accessory occupational use conducted entirely within a dwelling unit by a member of the family residing in the premises, which is clearly incidental to the residential use of the dwelling or residential structure and does not change the residential character of its site.

3.  Housing Unit or Dwelling Unit:  A building or portion of a building arranged for and intended for occupancy as an independent living facility for one family, including permanent provisions for cooking. (Ord. No. 1171 § 1.)

Section 39.02.012      I

1.  Impervious coverage:  The total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements that decrease the ability of the surface of the site to absorb water, expressed as a percent of site area.  The surface water area of pools is excluded from this definition. (Ord. No. 1171 § 1.)

Section 39.02.013      J

(Ord. No. 1171 § 1.)

Section 39.02.014      K

(Ord. No. 1171 § 1.)

Section 39.02.015      L

1.  Landscaped Area:  The area within the boundaries of a given lot, site or common development consisting primarily of plant material, including but not limited to grass, trees, shrubs, vines, ground cover, and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

(a)       Perimeter Landscaped Area:  Any required landscaped area that adjoins the exterior boundary of a lot, site or common development.

(b)       Interior Landscaped Area:  Any landscaped area within a site exclusive of required perimeter landscaping.

2.  Loading Area:  An off-street area used for the loading or unloading of goods from a vehicle in connection with the use of the site on which such area is located.

3.  Lot:  A parcel of property with a separate and distinct number or other identifying designation which has been created, assigned and recorded in the Office of the — County Register of Deeds, as provided for by the North Dakota Century Code.  Each individual lot is subject to the provisions of a particular base Zoning District, and shall have a minimum frontage of 20 feet, except as provided in an approved Planned Unit Development and/or Creative Subdivision.

(a)       Corner Lot:  A lot located at the junction of at least two streets, private ways or courts or at least two segments of a curved street, private way or court, at which the internal angle of intersection is no greater than 135 degrees.

(b)       Double Frontage Lot:  A lot, other than a corner lot, having frontage on two streets, private ways or courts.  Primary access shall be restricted on a double frontage lot to the minor of the two streets or to the front line as determined at time of platting or as defined by this ordinance.  (Also known as a Through Lot).

(c)     Interior Lot:  A lot other than a corner lot.

(d)       Common Development Lot:  When two or more contiguous lots are developed as part of a single development, these lots may be considered a single lot for purposes of this ordinance.

4.  Lot Area:  The total horizontal area within the lot lines of a lot.

5.  Lot Depth:  The mean horizontal distance measured between the front and rear lot lines.

6.  Lot Line:  A property boundary line(s) of record that divides one lot from another lot or a lot from the public or private street right-of-way or easement.

(a)       Front Lot Line:  The lot line separating a lot and public or private street right-of-way or easement.

1.         For an interior lot, the lot line separating the lot from the right-of-way or easement.

2.         For a corner lot, ordinarily the shorter of the lot lines abutting a public or private street or easement.  The owner and Building Official may agree to designate any lot line abutting a public street or otherwise noted on a final plat as the Front Lot Line.

3.         For a double frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street.  In cases where each street has the same classification, the front lot line shall be determined by the Building Official at the time of application for the original building permit for the lot, or as may be noted on the final plat.

(b)       Rear Lot Line:  The lot line which is opposite and most distant from the front line.

(c)       Side Lot Line:  Any lot line that is neither a front or rear lot line.  A side lot line separating a lot from a street, private way or court is a street side lot line.  A side lot line separating a lot from another lot or lots is an interior side lot line.

(d)       Rear Lot Lines for Corner Lots:  On corner lots, the Building Official may designate the rear lot line, provided that such lot line does not define a Street Yard.

7.  Lot Width:  The horizontal distance between the side lot lines at the minimum required front yard setback.  Lot width is measured by determining the length of a line drawn parallel to the front lot line set back at the required minimum front yard setback. (Ord. No. 1171 § 1.)

Section 39.02.016      M

1.  Manufactured Home Dwelling or Class A Mobile Home:  A factory built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles; bears a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards promulgated by the US Department of Housing and Urban Development; and which complies with the following architectural and aesthetic standards:

                        (a)       The home shall have at least 900 square feet of floor area;

                        (b)       The home shall have an exterior width of at least 20 feet;

                        (c)       The roof shall be pitched with a minimum pitch of 4:1.

(d)       The exterior material shall be or have the appearance of being wood siding or masonry, but shall not be sheet siding with a vertical orientation;

(e)       The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock;

                        (f)        Permanent utility connections shall be installed in accordance with local                                            regulations;

            (g)       The home shall have all wheels, axles, transporting lights, and towing                               apparatus removed; and

(h)       The home shall be installed upon a permanent foundation that is constructed and built in accordance with local regulations.

2.  Mixed Use Building:  A building or structure that incorporates two or more use types within a single building or structure, provided that each use type is permitted within the individual Base Zoning District in which the building or structure is to be located.

3.  Mixed Use Development:  A single development which incorporates complementary land use types into a single development.

4.  Mobile Homes:  A building type designed to be transportable in one or more sections, constructed on a permanent chassis or undercarriage, and designed to be used as a dwelling unit or other use with or without a permanent foundation when connected to the required utilities; or not otherwise satisfying the definition of Manufactured Home Dwellings.

5.  Mobile Home Park: A unified development under common ownership, developed, subdivided, planned, and improved for the placement of mobile home units for non-transient use.  Mobile Home Parks include common areas and facilities for management, recreation, laundry, utility services, storage, storm shelter, and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for the purposes of display; inspection, sale, or storage.

6.  Mobile Home Subdivision:  A development subdivided, planned, and improved for the placement of mobile home units on lots for uses by the individual owners of such lots.  Mobile Home    Subdivisions may include common areas and facilities for management, recreation, laundry, utility services, storage, storm shelter, and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for the purpose of display, inspection, sale, or storage. (Ord. No. 1171 § 1.)

Section 39.02.017      N

1.  Nonconforming Development:  A building, structure, or improvement which does not comply with the regulations for its zoning district set forth by this Zoning Ordinance but which complied with applicable regulations at the time of construction.

2.  Nonconforming Lot:  A lot which was lawful prior to the adoption, revision, or amendment of this zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.  No action can be taken which would I increase the non-conforming characteristics of the lot.

3.    Nonconforming Sign:  A sign that was legally erected prior to the adoption, revision or amendment of this   zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.  No action can be taken which would increase the non-conforming characteristics of the sign.

4.  Nonconforming Structure:  A structure which was lawful prior to the adoption, revision, or amendment of this zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.  No action can be taken which would increase the non-conforming characteristics of the structure.

5.  Nonconforming Use:  A land use which was lawful prior to the adoption, revision, or amendment of this zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.  No action can be taken which would increase the non-conforming characteristics of the land use.

6.  Nuisance:  An unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious, or offensive.    (Ord. No. 1171 § 1. Ord. No. 1610 § 1)

Section 39.02.018      O

1.  Open Space:  Area included on any site or lot that is open and unobstructed to the sky, except for allowed projections of cornices, overhangs, porches, balconies, or plant materials.

2.  Outdoor Storage:  The storage of materials, parts, or products that are related to the primary use of a site for a period exceeding three days.

3.  Overlay District:  A district established by this Ordinance to prescribe special regulations to be applied to a site only in combination with a base district.

4.  Owner:  An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land. (Ord. No. 1171 § 1.)

Section 39.02.019      P

1.  Parking Facility:  An area on a lot and/or within a building, including one or more parking spaces, along with provision for access circulation, maneuvering, and landscaping, meeting the requirements of this Zoning Ordinance.  Parking facilities include parking lots, private garages, and parking structures.  Vehicle storage is distinct from parking, and is regulated by provisions in Sections 39.03.070, 39.03.080, 39.03.090’s, Table 4-2.  Vehicle storage is also governed by provisions of Article 39.09 Parking Regulations.

2.  Parking Spaces:  An area on a lot and/or within a building, intended for the use of temporary parking of a vehicle.  This term is used interchangeably with “parking stall”.  Each parking space must have a means of access to a public street by way of a driveway, access easement, or other connection.  Tandem parking stalls in single-family detached, single family attached, and townhome residential uses shall be considered to have a means of access to a public street.

3.  Paved:  Permanently surfaced with poured concrete, concrete pavers, or asphalt.

4.  Permitted Use:  A land use type allowed as a matter of right in a zoning district, subject only to special requirements of this Zoning Ordinance.

5.  Planning Commission:  The Planning Commission of the City of Dickinson, as authorized pursuant to Chapters 40-47 of the North Dakota Century Code.

6.  Planned Unit Development:  A development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages.  The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

7.  Porch, Unenclosed:  A roofed or unroofed open structure projecting from an exterior wall of a building and having no enclosed features more than thirty-six (36) inches above its floor other than wire screening and a roof with supporting structure.

8.  Premises:  A lot, parcel, tract or plot of land, contiguous and under common ownership or control, together with the buildings and structure thereon.

9.  Private Garage:  A building for the storage of motor vehicles where no repair service facilities are maintained and where no motor vehicles are kept for rental or sale.

10. Property Line:  See “Lot Line.”  (Ord. No. 1171 § 1.)

Section 39.02.020      Q

(Ord. No. 1171 § 1.)

Section 39.02.021      R

1.  Recreational Vehicle:  A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational, or sporting purposes.  Recreational vehicles include, but are not limited to, travel trailers; campers; motor coach homes; converted buses and trucks, boats, and boat trailers.

2.  Regulation:  A specific requirement set forth by this Zoning Ordinance which must be followed.

3.  Remote Parking:  A supply of off-street parking at a location not on the site of a given development. (Ord. No. 1171 § 1.)

Section 39.02.022      S

1.  Screening:  The method by which a view of one site from another adjacent site is shielded, concealed, or hidden.  Screening techniques include fences, walls, hedges, berms, or other features as may be permitted by the landscape provisions of this ordinance.

2.  Setback:  The distance, as required by the minimum setback(s) which establishes the horizontal component(s) of the building envelope.

3.  Sign:  A symbolic, visual device fixed upon a building, structure, or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.

4.  Site:  The parcel of land to be developed or built upon.  A site may encompass a single lot; or a group of lots developed as a common development under the special and overlay districts provisions of this ordinance.

5.  Site Plan:  A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land; and any other information that may reasonably be requested by the City in order that an informed decision can be made on the associated request.

6.  Special Permit Use:  A use with operating and/or physical characteristics different from those of permitted uses in a given zoning district which may, nonetheless, be compatible with those uses under special conditions and with adequate public review.  Special permit uses are allowed in a zoning district only at the discretion of and with the explicit permission of the City Commission, upon the recommendation of the Planning Commission.

7.  State:  The State of North Dakota.

8.  Story:  The portion of a building included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between such floor and the next ceiling above it.  A half story under a sloped roof, the wall heights of which on at least two opposite, exterior walls are less than four feet.

9.  Street:  A right of way, dedicated to public use, which affords a primary means of access to the abutting property.  This definition is intended to be inclusive of the term as defined in North Dakota statute.

10. Street, Intersecting and Principal:  In regard to a site, the principal street shall be the street to which the majority of lots on a blockface are oriented; the intersecting street shall be a street other than a principal street.

11. Street, Local:  A street which is used primarily for access to the abutting properties.

12. Street, Major:  A street carrying traffic between neighborhoods, connecting neighborhoods with major activity centers, or accommodating major through traffic.  Major streets are designated as collectors, arterials, or expressways by the Comprehensive Development Plan.

13.  Street Yard:  The area of a lot or parcel which lies between any street property line and the fronting walls of any building or buildings on the parcel.  The street yard follows all irregularities or indentations in the building, excluding minor irregularities such as porches or steps.

14. Structure:  Any object constructed or built, the use of which requires location on the ground or attachment to something located on the ground. (Ord. No. 1171 § 1.)

Section 39.02.023      T

1.  Townhouse:  A dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit.

2.  Townhouse Structure:  A building formed by at least three contiguous townhouses with common or abutting walls. (Ord. No. 1171 § 1.)

Section 39.02.024      U

1.  Use:  The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

2.  Utilities:  Installations, either above or below ground, necessary for the production, generation, transmission, delivery, collection, treatments, or storage of water, solid or fluid wastes, storm water, energy media, gas, electronic or electromagnetic signals, or other services which are precedent to development and use of land. (Ord. No. 1171 § 1.)

Section 39.02.025      V

(Ord. No. 1171 § 1.)

Section 39.02.026      W

(Ord. No. 1171 § 1.)

Section 39.02.027      X

(Ord. No. 1171 § 1.)

Section 39.02.028      Y

1.  Yard; Required:  That portion of a lot which lies between a lot line and the corresponding building setback line or the required landscape area.  This area shall be unoccupied and unobstructed from the ground upward except as may be specifically provided for or required by this ordinance.

(a)       Corner Front Yard:  The space extending the full width of a lot, lying between the front lot line as defined by Section 39.02.015, 6 (d), and the front setback line.

(b)       Interior Front Yard:  The space extending the full width of a lot, lying between the front lot line and the front setback line.

(c)       Rear Yard:  The space extending the full width of a lot, lying between the rear lot line and the rear setback line.

(d)       Side Yard:  The space extending the depth of a lot from the front to rear lot lines, lying between the side yard setback line and the interior lot line.          

(e)       Street Side Yard:  On a corner lot, the space extending from the front yard to the rear yard, between the street yard setback and the street side lot line. (Ord. No. 1171 § 1.)

Section 39.02.029      Z

1.  Zoning District:  A designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in this Zoning Ordinance.

2.  Zoning Administrator:  The designee of the City Commission, responsible for the interpretation and administration of the City of Dickinson Zoning Ordinance.   (Ord. No. 1171 § 1. Ord. No. 1610§ 1.)

Article 39.03  Use Types

Sections:

39.03.001        Purpose

39.03.002        Determinations

39.03.003        Agricultural Use Types

39.03.004        Residential Use Types

39.03.005        Civic Use Types

39.03.006        Office Use Types

39.03.007        Commercial Use Types

39.03.008        Parking Use Types

39.03.009        Industrial Use Types

39.03.010        Transportation Use Types

39.03.011        Miscellaneous Use Types

39.03.019        Pet Day Care

39.03.020        Medical Marijuana Manufacturing and Dispensary Facilities

Section 39.03.001      Purpose

Article Three shall be known as the Use Types.  The purpose of the Use Types is to establish a classification system for land uses and a consistent set of terms defining uses permitted or conditionally permitted within various zoning districts.  The Use Types section also provides a procedure for determining the applicable use type of any activity not clearly within any defined use type. (Ord. No. 1171 § 1.)

Section 39.03.002      Determinations

a. Classification of Uses

In the event of any question as to the appropriate use types of any existing or proposed use or activity, the Zoning Administrator of the City of Dickinson shall have the authority to determine the appropriate use type.  A determination of the Zoning Administrator may be appealed to the Board of Adjustment.  In making such determinations, the Zoning Administrator and Board of Adjustment shall consider such characteristics or specific requirements of the use in common with those included as examples of use types.  Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists.

b. Records

The Zoning Administrator shall make all such determinations of appropriate use types in writing.  The record of the determination shall contain a report explaining the reasons for the determination. (Ord. No. 1171 § 1.)

Section 39.03.003      Agricultural Use Types

Agricultural use types include the on-site production and sale of plant and animal products by agricultural methods.

a. Horticulture

The growing of horticultural and floricultural specialties, such as flowers, shrubs, or trees intended for ornamental or landscaping purposes.  This definition may include accessory retail sales under certain conditions.  Typical uses include wholesale plant nurseries and greenhouses.

b. Crop Production

The raising and harvesting of tree crops, row crops or field crops on an agricultural or commercial basis.  This definition may include accessory retail sales under certain conditions.

c. Type I Animal Production

The raising of animals or production of animal products, such as eggs or dairy products on an agricultural or commercial basis on a site which is also used for crop production or where grazing of natural vegetation is the major feed source; or the raising of animals for recreational use.  Type I Animal Production shall also include confined feeding and holding facilities consisting of no more than 20 feeder or fat cattle; no more than 20 beef cows; no more than 20 dairy cattle; no more than 50 swine, llamas, and ostriches or similar large birds; no more than 200 sheep; no more than 300 turkeys; and/or no more than 1,000 chickens, ducks, or geese.  Typical uses include grazing, ranching, dairy farming, and poultry farming.

d. Type II Animal Production

The confined feeding and holding facilities consisting of between 21 and 140 feeder or fat cattle; between 21 and 100 beef cows; between 21 and 100 dairy cattle; between 51 and 500 swine, llamas, and ostriches or similar large birds; between 201 and 2,000 sheep; between 301 and 3,000 turkeys; and/or between 1,001 and 10,000 chickens, ducks, or geese within buildings, lots, pens, or other close quarters which are not used for crop production or where grazing of natural vegetation is not the major feed source.  Typical uses include small commercial feedlots.

e. Type III Animal Production

The confined feeding and holding facilities consisting of more than 150 feeder or fat cattle; more than 100 beef cows; more than 100 dairy cattle; more than 500 swine, llamas, and ostriches or similar large birds; more than 2,000 sheep; more than 3,000 turkeys; and/or more than 1,001 and 10,000 chickens, ducks, or geese within buildings, lots, pens, or other close quarters which are not used for crop production or where grazing of natural vegetation is not the major feed source.  Typical uses include large commercial feedlots.

f. Livestock Sales

Use of a site for the temporary confinement and exchange or sale of livestock.  Typical uses include sales barns. (Ord. No. 1171 § 1.)

Section 39.03.004      Residential Use Types

Residential use types include uses providing wholly or primarily non-transient living accommodations.  They exclude institutional living arrangements providing 24-hour skilled nursing or medical care, forced residence, or therapeutic settings.

a. Single-Family Residential

The use of a site for one dwelling unit, occupied by one family.  (NOTE:  Mobile home units are not a single-family use type.  See below categories for such units).

1.         Single-Family Residential (Detached):  A single-family residential use in which one dwelling unit is located on a single lot, with no physical or structural connection to any other dwelling unit.

2.         Single-Family Residential (Attached):  A single-family residential use in which one dwelling unit is located on a single lot and is attached by a common vertical wall to only one other adjacent dwelling unit on another single lot.

b. Duplex Residential

The use of a legally-described lot for two dwelling units, each occupied by one family within a single building, excluding mobile home units.

c. Townhouse Residential

The use of a site for three or more attached dwelling units, each occupied by one family and separated by vertical side walls extending from foundation through roof without openings.  Each townhouse unit must have at least two exposed exterior walls.

d. Multiple-Family Residential

The use of a site for three or more dwelling units within one building.

e. Residential – Commercial Zone

The use of levels other than the main level or ground level within LC, CC, DC and GC zoning districts.

f. Manufactured Home Residential

Use of a site for one or more manufactured home dwellings, as defined in Section 39.02.016.

g. Mobile Home Park

Use of a site under common ownership for one or more mobile home units.  Generally, the land on which mobile homes are placed in a Mobile Home Park is leased from the owner of the facility.

h. Mobile Home Subdivision

Division of a tract of land into lots that meet all the requirements of the City of Dickinson’s subdivision ordinance for the location of mobile homes.  Generally, a lot within a Mobile Home Subdivision is owned by the owner of the mobile home placed upon such lot.

i. Retirement Residence

A building or group of buildings which provide residential facilities for more than

four residents of at least sixty-two years of age, or households headed by a householder of at least sixty-two years of age.  A retirement residence may provide a range or residential building types and may also provide support services to residents, including but not limited to food service, general health supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services.  The retirement residence may accommodate food preparation in independent units or meal service in one or more common areas.  Retirement residences may include additional health care supervision or nursing care.  (Ord. No. 1171 § 1; Ord. 1244 § 1. Ord. 1604 § 2.  Ord. 1610 § 2)

Section 39.03.005      Civic Use Types

Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with social importance.

a. Administration

Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles.  Typical uses include federal, state, county, and city offices.

b. Cemetery

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

c. Clubs

Uses providing meeting, recreational, or social facilities for a private, non-profit or non-commercial association, primarily for use by members and guests.

d. College and University Facilities

An educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization.

e. Convalescent Services

A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.  Typical uses include nursing homes.

f. Cultural Services

A library, museum, or similar registered non-profit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

g. Day Care Services (Family)

This Use Type includes all classifications of day care facilities, including but not limited to facilities licensed by the State of North Dakota, providing care for not more than nine (9) individuals.  This term includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

h. Day Care Services (Group)

This Use Type includes all classifications of day care facilities, including facilities licensed by the State of North Dakota, providing care for ten (10) or more individuals.  This term includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

i. Detention Facilities

A publicly operated or contracted use providing housing and care for individuals legally confined, designed to isolate those individuals from the community.

j. Emergency Residential Services

A facility or use of a building to provide a protective sanctuary for victims of crime or abuse, including emergency housing during crisis intervention for victims of rape, abuse, or physical beatings.

k. Group Care Facility

A facility licensed or approved by the State of North Dakota or other appropriate agency, which provides for the care and short or long-term, continuous multi-day occupancy of more than three unrelated persons who require and receive therapy or counseling on site as part of an organized and therapeutic ongoing program for any of the purposes listed below.  Such facilities shall exclude those uses defined as group homes.  Group Care Facilities include facilities which provide for the:

1.         Adaptation to living with, or rehabilitation from, the handicaps of physical             disability.

2.         Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or of mental retardation if such facility has an overnight occupancy of more than eight persons.

3.         Rehabilitation from the effects of drug or alcohol abuse.

4.         Supervision while under a program alternative to imprisonment, including but not limited to pre-release, work-release, and probationary programs.

l. Group Home

A facility licensed by the State of North Dakota in which at least four but no more than eight persons, not including resident managers or house parents, who are unrelated by blood, marriage, or adoption reside while receiving therapy, training, or counseling for the purpose of adaptation to living with or rehabilitation from cerebral palsy, autism, or mental retardation.

m. Guidance Services

A use providing counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition on a daytime care basis.

n. Health Care

A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, training, administration and services to out-patients, employees, or visitors.

o. Hospital

A facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an in-patient basis, including emergency treatment, diagnostic services, training, administration, and services to patients, employees, or visitors.

p. Maintenance Facilities

A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

q. Park and Recreation Services

Publicly-owned and operated parks, playgrounds, recreation facilities, and open spaces.

r. Postal Facilities

Postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

s. Primary Educational Facilities

A public, private, or parochial school offering instruction at the elementary school level in the branches of learning study required to be taught in schools within the State of North Dakota.

t. Public Assembly

Facilities owned and operated by a public agency or a charitable non-profit organization accommodating major public assembly for recreation, sports, amusement, or entertainment purposes.  Typical uses include civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, incidental sales, and exhibition facilities.

u. Religious Assembly

A use located in a permanent building and providing regular organized religious worship and religious education incidental thereto (excluding private primary or private secondary educational facilities, community recreational facilities, day-care facilities, and incidental parking facilities).  A property tax exemption obtained pursuant to Property Tax Code of the State of North Dakota shall constitute prima facie evidence of religious assembly use.

v. Safety Services

Facilities for conduct of public safety and emergency services including police and fire protection services and emergency medical and ambulance services.

w. Secondary Educational Facilities

A public, private, or parochial school offering instruction at the junior high or high school level in the branches of learning and study required to be taught in the schools of the State of North Dakota.

x. Utilities

Any above ground structures or facilities, other than lines, poles, and other incidental facilities, used for the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, delivery, collection, or storage of water, sewage, electricity, gas, oil, energy media, communications, electronic or electromagnetic signals, or other services which are precedent to development and/or use of land. Communication towers as defined in this code are considered a Miscellaneous Use Type and not a Utility Use Type.  Ord. No. 1171 § 1. Ord. No. 1610 § 2)

Section 39.03.006      Office Use Types

Office use types include uses providing for administration, professional services, and allied activities.  These uses often invite public clientele but are more limited in external effects than commercial uses.

a. General Offices

Use of a site for business, professional, or administrative office.  Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; banks or financial offices; or professional offices.

b. Financial Services

Provision of financial and banking services to consumers or clients.  Walk-in and drive-in services to consumers are provided on site.  Typical uses include banks, savings and loan associations, savings banks, and loan companies.  An ATM (Automatic Teller Machine) which is not accompanied on-site by an office of its primary financial institution is considered a “General Retail Services” Use Type.

c. Medical Offices

Use of a site for facilities which provide diagnoses and outpatient care on a routine basis, but which does not provide prolonged, in-house medical or surgical care.  Medical offices are operated by doctors, dentists, or similar practitioners licensed for practice in the State of North Dakota. (Ord. No. 1171 § 1.)

Section 39.03.007      Commercial Use Types

Commercial uses include the sale, rental, service, and distribution of goods; and the provision of services other than those classified under other use types.

a. Agricultural Sales and Service

Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, farm equipment, pesticides and similar goods or in the provision of agriculturally-related services with incidental storage on lots other than where the service is rendered.  Typical uses include nurseries, hay, farm implement dealerships, feed and grain stores, and tree service firms.

b. Automotive and Equipment Services

Establishments or places of business primarily engaged in sale and/or service of automobiles, trucks, or heavy equipment.  The following are considered automotive and equipment use types:

1.  Automotive Rental and Sales:  Sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance, and servicing.  Typical uses include new and used car dealerships; motorcycle dealerships; and boat, trailer, and recreational vehicle dealerships.

2.  Auto Services:  Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles; and washing and cleaning and/or repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts.  Typical uses include service stations, car washes, muffler shops, auto repair garages, tire sales, and installation, wheel and brake shops, and similar repair and service activities but exclude dismantling, salvage, or body and fender repair services.

3.  Body Repair:  Repair, painting, or refinishing of the body, fender, or frame of automobiles, trucks, motorcycles, motor homes, recreational vehicles, boats, tractors, construction equipment, agricultural implements, and similar vehicles or equipment.  Typical uses include body and fender shops, painting shops, and other similar repair or refinishing garages.

4.  Equipment Rental and Sales:  Sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance, and servicing.  Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

5.  Equipment Repair Services:  Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment.  Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but exclude dismantling, salvage, or body and fender repair services.

6.  Vehicle Storage:  Storage of operating or non-operating vehicles for a period of no more than 21 days.  Typical uses include storage of private parking tow-always or impound yards but exclude dismantling or salvage.  Long-term storage of operating or non-operating vehicles beyond 21 days constitutes an Industrial Use Type.

c. Bed and Breakfast

A lodging service that provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast.  Bed and breakfasts are usually located in large residential structures that have been adapted for this use.  For the purpose of this definition, bed and breakfasts are always owned and operated by the resident owner of the structure, include no more than ten units, and accommodate each guest or visitor for no more than 7 consecutive days during any one month period.

d. Business Support Services

Establishments or places of business primarily engaged in the sale, rental or repair of equipment, supplies and materials or the provision of services used by office, professional and service establishments to the firms themselves but excluding automotive, construction and farm equipment; or engaged in the provision of maintenance or custodial services to businesses.  Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms, janitorial services, photography studios, and convenience printing and copying.

e. Business or Trade Schools

A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

f. Campground

Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents, which accommodate each guest or visitor.

g. Cocktail Lounge

A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a restaurant as that term is defined in this section.

h. Commercial Recreation (Indoors)

Private businesses, or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators.  The preponderance of activities occur within enclosed structures.  Typical uses include movie theaters, private dance halls, or private skating facilities.

i. Commercial Recreation (Outdoors)

Private businesses, or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators.  The preponderance of activities occur outside of enclosed structures.  Typical uses include driving ranges, commercial race tracks, and drive-in theaters.

j. Communications Services

Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as Utilities.  Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.  Broadcast towers, and their minor ancillary ground structures are classified as “Miscellaneous Use Types.”

k. Construction Sales and Services

Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware.  This use type excludes those uses classified under Automotive and Equipment Services.  Typical uses include building materials sales, or tool and equipment rental or sales.

l. Consumer Services

Establishments which provide services, primarily to individuals and households, but excluding Automotive Use Types.  Typical uses include automated banking machines, appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

m. Convenience Storage

Storage services primarily for personal effects and household goods within enclosed storage areas having individual access but excluding use of such areas as workshops, hobby shops, manufacturing, or commercial activity.  Typical uses include mini-warehousing.

n. Crematorium

An establishment containing a furnace for the purpose of reducing human or animal bodies or remains to ashes by burning.

o. Food Sales

Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption.  Food sales establishments may include the sale of non-food items.  Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

1.  Convenience Food Sales:  Establishments occupying facilities of less than 10,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, and by the sale of fuel for motor vehicles.

2. Limited Food Sales:  Establishments occupying facilities of less than 10,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, but excluding the accessory sale of fuel for motor vehicles.  Typical uses include delicatessens, meat markets, retail bakeries, candy shops, small grocery stores.

3.  General Food Sales:  Establishments selling a wide variety of food commodities, using facilities larger than 10,000 square feet.  Typical uses include supermarkets.

p. Funeral Services

Establishments engaged in undertaking services such as preparing the human dead for burial, and arranging and managing funerals.  Typical uses include funeral homes or mortuaries.

q. Gaming Facilities

Establishments engaged in the lawful, on-site operation of games of chance that involve the risk of money for financial gain by patrons.  Gaming facilities shall include the accessory sale of liquor and food, pursuant to licensing regulations of the City of Dickinson or the State of North Dakota.

r. General and Limited Retail Services

Sale or rental with incidental service of commonly-used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications.  Typical uses include department stores, apparel stores, furniture stores, or establishments providing the following products or services:

Household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; apparel jewelry, fabrics and like items; cameras, photograph services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wall paper, hardware, carpeting and floor covering; interior decorating services; office supplies; mail order or catalog sales; bicycles; and automotive parts and accessories (excluding service and installation).  General Retail Services include:

1.  Limited Retail Services:  Establishments providing retail services, occupying facilities of 5,000 square feet or less for any single establishment or 10,000 square feet or less for a multi-tenant facility.  Typical establishments provide for specialty retailing or retailing oriented to Dickinson and a local market.

2.  General Retail Services:  Establishments providing retail services, occupying facilities of more than 5,000 square feet for any single establishment or more than 10,000 square feet for a multi-tenant facility.  Typical establishments provide for general purpose retailing oriented to Dickinson and its immediate vicinity.

s. Kennels

Boarding and care services for dogs, cats and similar small mammals or large birds; or any premises on which three or more animals included under this definition over four months of age are kept and maintained.  Typical uses include boarding kennels, ostrich raising facilities; pet motels, or dog training centers.

t. Laundry Services

Establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as Personal Services.  Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

u. Liquor Sales

Establishments or places of business engaged in retail sale for off-premise consumption of alcoholic beverages.  Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.

v. Lodging

Lodging services involving the provision of room and/or board, but not meeting the classification criteria of Bed and Breakfasts.  Typical uses include hotels, apartment hotels, and motels.

w. Microbrewery pub and distillery

1. A microbrewery pub shall be defined as a brewer that brews 10,000 barrels or less per year and sells beer produced or manufactured on the premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer.

2. A distillery shall be defined as a use where the owner operator may produced distilled spirits in accordance with the applicable provisions of the North Dakota Century Code.

x.  Personal Improvement Services

Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

 y. Personal Services

Establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; or dry cleaning stations serving individuals and households, driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

z. Pet Services

Retail sales, incidental pet health services, and grooming and boarding, when totally within a building, of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops, but exclude uses for livestock and large animals.

aa. Research Services

Establishments primarily engaged in research of an industrial or scientific nature. Typical uses include electronics research laboratories, space research and development firms, testing laboratories, or pharmaceutical research labs.

bb. Restricted Businesses

 Any business activity which offers the opportunity to view sexual activities or view or touch anatomical areas for entertainment purposes in a manner that offends contemporary standards in the community of Dickinson, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. This category includes the sale of viewing of visual or print materials that meet these criteria. Typical uses include retail services or stores which are distinguished by an emphasis on activities or materials that emphasize sexual content; businesses which offer live performances characterized by exposure of specified anatomical areas; and adult theaters. 

cc. Restaurants

A use engaged in the preparation and retail sale of food and beverages; including the sale of alcoholic beverages when conducted as a secondary feature of the use, producing less than 50 per cent of the establishment’ s gross income.

 1. Restaurant (Drive-in or Fast Food): An establishment which principally supplies food and beverages in disposable containers and is characterized by high automobile accessibility and on-site accommodations, self-service, and short stays by customers.

2. Restaurant (General): An establishment characterized by table service to customers and/or accommodation to walk-in clientele, as opposed to Drive-in or Fast Food Restaurants. Typical uses include cafes, coffee shops, and restaurants.

dd. Stables and/or Riding Academies

The buildings, pens and pasture areas used for the boarding and feeding of horses, llamas, or other equine not owned by the occupants of the premises. This use includes instruction in riding, jumping, and showing or the riding of horses/equine for hire.

ee. Surplus Sales

Businesses engaged in the sale of used or new items, involving regular, periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets or discount businesses with outdoor display.

ff. Trade Services

Establishments or places of business primarily engaged in the provision of services that are not retail or primarily dedicated to walk-in clientele. These services often involve services to construction or building trades and may involve a small amount of screened, outdoor storage in appropriate zoning districts. Typical uses include shops or operating bases for plumbers, electricians, or HVAC (heating, ventilating, and air conditioning) contractors.

gg. Vehicle Storage (Short-term)

Short-term storage of operating or non-operating vehicles for a period of no more than 21 days. Typical uses include storage of private parking tow-aways or impound yards but exclude dismantling or salvage. Long-term storage beyond 21 days constitutes an Industrial Use Type.

hh. Veterinary Services

Veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals, pet cemeteries, and veterinary hospitals for livestock and large animals. (Ord. No. 1171 § 1; Ord. 1225 § 1, Ord. 1650 § 2)

Section 39.03.008      Parking Use Types

a. Off-Street Parking

Parking use types include surface parking of motor vehicles on a temporary basis within a privately or publicly owned off-street parking facility.

b. Parking Structure

The use of a site for a multi-level building which provides for the parking of motor vehicles on a temporary basis, other than as an accessory to a principal use on the same site. (Ord. No. 1171 § 1.)

Section 39.03.009      Industrial Use Types

Industrial use types include the on-site extraction or production of goods by non-agricultural methods, and the storage and distribution of products.

a. Construction Yards

Establishments housing facilities of businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites.  Typical uses are building contractor’s yards.

b. Custom Manufacturing

Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools or light equipment.  This category also includes the incidental direct sale to consumers of only those goods produced on site.  Typical uses include ceramic studios, custom jewelry manufacturing, and candle making shops.

c. Grain Elevators

Establishments or uses engaged in the large-scale storage or processing of agricultural products that cannot be otherwise categorized as light, general, or heavy industries.

d. Light Industry

Establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution.  These establishments are characterized by having no major external environmental effects across property lines and include no unscreened or un-enclosed outdoor storage.  Typical uses include commercial bakeries, dressed beef processing plants, soft drink bottling, and apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses.

e. General Industry

Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration, or air pollution effects across property lines.

f. Heavy Industry

Enterprises involved in the basic processing, storage, and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials.

g. Oil Wells

A use involving on-site extraction of petroleum or petroleum products.  The oil well site is the location at which such resources physically penetrate the plane of the ground, and includes any facilities needed for the storage or flaring of petroleum or petroleum products, but excludes underground pipes or conduits.

h. Recycling Collection

Any site which is used in whole or part for the receiving or collection of any post-consumer, non-durable goods including, but not limited to glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

i. Recycling Processing

Any site which is used for the processing of any post-consumer, non-durable goods including, but not limited to glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

j. Resource Extraction

A use involving on-site extraction of surface or subsurface mineral products or natural resources, excluding oil wells and the grading and removal of dirt.  Typical uses include quarries, borrow pits, sand and gravel operations, and mining.

k. Salvage Services

Place of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms.  Typical uses include automotive wrecking yards, junk yards, or paper salvage yards.

l. Vehicle Storage (Long-term)

Long-term storage of operating or non-operating vehicles for a period exceeding 21 days.  Typical uses include storage of private parking tow-aways or impound yards but exclude dismantling or salvage.  Long-term storage of 21 days or less constitutes a Commercial Use Type.

m. Warehousing (Enclosed)

Uses including storage, warehousing, distribution, and handling of goods and materials within enclosed structures.  Typical uses include wholesale distributors, storage warehouses, and van and storage companies.

n. Warehousing (Open)

Uses including open air storage, distribution, and handling of goods and materials.  Typical uses include monument yards, materials yards, open storage. (Ord. No. 1171 § 1.)

Section 39.03.010      Transportation Use Types

Transportation use types include the use of land for the purpose of providing facilities supporting the movement of passengers and freight from one point to another.

a. Aviation Facilities

Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

b. Railroad Facility

Railroad yards, equipment servicing facilities, and terminal facilities.

c. Transportation Terminal

Facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express, including bus terminals, railroad stations, public transit facilities.

d. Truck Terminal

A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. (Ord. No. 1171 § 1.)

Section 39.03.011      Miscellaneous Use Types

a. Alternative Energy Production Devices

The use of a site for the production of energy utilizing methods that do not involve the oxidation, combustion, or fission of primary materials.  Typical uses include solar collector fields, installations which generate energy by harnessing the natural heat of the earth or of geological features, or water-powered mills or generating facilities.

b. Communications Tower

A structure situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

c. Amateur Radio Tower

A structure(s) for the transmission or broadcasting of electromagnetic signals by FCC-licensed Amateur Radio operators.

d. Construction Batch Plant

A temporary demountable facility used for the manufacturing of cement, concrete, asphalt, or other paving materials intended for specific construction projects.

e. Wind Energy Conservation System (WECS)

Any device which converts wind energy to a form of usable energy, including wind charges, windmills, or wind turbines.

f. Landfill (Inert)

The use of a site as a depository for solid wastes that do not readily undergo chemical or biological breakdown under conditions normally associated with land disposal operations.  Typical disposal material would include ashes, concrete, paving wastes, rock, brick, lumber, roofing materials and ceramic tile.  Inert landfills must receive appropriate State permission.

g. Landfill (Municipal Industrial or Special Waste)

The use of a site as a depository for any solid waste except hazardous and toxic waste as defined by the Federal Environmental Protection Agency and/or the State of North Dakota.  Typical disposal material would include non-putrescible wastes; and putrescible wastes such as vegetation, tree parts, agricultural wastes (garbage) and manure.  Municipal Industrial or Solid Waste landfills must receive appropriate State Permission.  (Ord. No. 1171 § 1. Ord. No. 1610 § 2.)

Section 39.03.019      Pet Day Care

Pet Day Care: A short-term care facility for pets allowed within City limits under the Dickinson Municipal Code. A Pet Day Care shall not provide overnight boarding or other kennel activities. Pet Day Cares may operate between the hours of 7 am and 7 pm, Monday through Friday. A Pet Day Care may not be permitted within 600 feet of another Pet Day Care, or within 300 feet of the following uses allowed either conditionally or as permitted uses within the R-1 district: retirement homes, nursing homes, long term care facilities, group day care, golf courses, group home, churches, park and recreation improvements, and primary education institutions. The applicant shall submit a neighborhood disruption mitigation plan that reflects concerns raised by the adjacent neighbors during a preapplication visit. The applicant shall address the concerns in the mitigation plan, but shall not be required to obtain approval of any adjacent neighbor prior to applying for the special use permit. A special use permit for a pet day care may only be applied for in the designated residential districts where the operation shall be run out of a single family detached home.

Section 2: That Table 4-2 in Section 39.04.005 shall be amended to reflect that Pet Day Cares may be operated with a special use permit in RR, R1, R2, and R3, and as a permitted use in AG, LC, CC, DC, GC, LI, and GI.

Section 3: That Section 39.06.005 be amended to add the following after the  

  Convenience  Storage subsection:

            Pet Day Care

                        When permitted by special use permit in the RR, R1, R2, and R3 Districts, or as a permitted use in other zoning jurisdictions as set forth in Table 4-2 of Section 39.04.005, Pet Day Cares shall be subject to the following additional requirements: 

  1. Buildings shall be of adequate structure and maintained in good repair so as to ensure protection of pets from injury and to prevent departure of pet from designated structure.
  2. Shelter shall be provided to allow access to shade from direct sunlight and regress from exposure to rain or snow. Accommodations shall provide safe harbor when the atmospheric temperature is below 50° F or below that temperature to which the particular pets are acclimated. Indoor facilities shall be provided for all pets. 
  3. Indoor and outdoor facilities shall at all times be provided with ventilation by means of doors, windows, vents, air conditioning or direct flow of fresh air that is adequate to provide for the good health of the pets and the prevention of offensive odor, mold, or disease. Such ventilation shall be environmentally provided to minimize drafts, moisture condensation, odors or stagnant vapors of excreta. 
  4. Ample lighting shall be provided by natural or artificial means or both during sunrise to sunset hours to allow efficient cleaning of the facilities and routine inspection of the facilities and pets contained therein. 
  5. Ceilings, walls, floors, furniture, and play equipment shall be constructed to lend themselves to efficient cleaning and sanitizing. Such surfaces shall be kept in good repair and maintained so that they are substantially impervious to moisture. Floors and walls to a height of four feet shall have finished surfaces. Upholstered furniture or carpeting shall not be permitted in that portion of the facility to which pets have access. 
  6. Food supplies and bedding materials shall be stored to adequately protect them from contamination or infestation by vermin or other factors that would render the food or bedding contaminated or diseased, or otherwise attract vermin or other nuisance to the site. Separate storage facilities shall be maintained for cleaning and sanitizing equipment and supplies.
  7. Washrooms, basins or sinks shall be provided within or be readily accessible to each facility for maintaining cleanliness among animal caretakers and sanitizing of food and water utensils. 
  8. Equipment shall be available for removal and disposal of all waste materials from the building to minimize vermin infestation, odors and disease hazards. Drainage systems shall be functional to achieve the above purposes. 
  9. Facilities shall be provided to isolate any pet that becomes sick or injured to prevent the spread of disease or illness. 
  10. Outdoor pet runs and exercise areas shall be of sound construction and kept in good repair so as to safely contain the pets therein without injury or risk of escape. Floors shall be concrete, gravel or materials which can be regularly cleaned and kept free of waste accumulation. Grass runs and exercise areas are permissible provided adequate ground cover is maintained, holes are kept filled, ground cover is watered sufficiently to dilute and clean the cover to avoid disease, solid waste is removed prior to watering, and the ground cover is not allowed to become overgrown. 
  11. Any portion of the premises where pets are permitted outdoors shall have a fence of the maximum height allowed by City code. Such fence shall be maintained in good condition so as to mitigate the visual and audial effects of the operation, and to properly contain any pets permitted in that area. The permit holder may not use an existing fence if it is owned by the adjacent property owner.
  12. The proprietor shall maintain current vaccination records on each pet permitted at the facility to ensure public safety.
  13. The proprietor shall obtain and maintain insurance specific to the risks associated with operating a pet day care, which shall include, but not be limited to, coverage protecting the general public in the event of animal bites and property damage caused by loose or escaped animals.
  14. Group interaction is permitted for pets that are compatible with one another. Permit holder shall not permit play which creates a hazard to the public or a nuisance such as noise.
  15. The play area for pets shall provide for a minimum of 75 square feet per pet, provided that the maximum number of pets allowed at any one facility shall be ten, including animals owned by the permit holder. The permit issued by the City shall be displayed prominently at the site, and shall contain the calculation of the Planning Department as to the authorized number of animals.
  16. The permit holder shall appear annually before the Planning and Zoning Commission for renewal of the permit. The Planning Department may require an annual site inspection prior to renewal.
  17. Any permit issued under this Section shall be non-transferrable as to the permit holder and/or the premises to be permitted. A permit holder may not relocate their operation using the same permit. A permit approved at a particular location may not be transferred to a new individual or business. 
  18. Complaints regarding dog bites, nuisance animals, or excess noise shall be investigated by the Police Department.
  19. Complaints regarding any zoning violation or any other condition of the permit shall be investigated by the Planning Department. 
  20. In the event a complaint is made, regardless of which department investigates, the Planning Department may conduct a site visit to determine whether the permit holder is in compliance with the terms of the Permit. The Planning Director may require the permit holder to appear before the Planning and Zoning Commission to address the complaint. 
  21. In the event two complaints of any nature against the permit holder are substantiated and validated through a hearing before the Planning and Zoning Commission, within a rolling twelve month period, the Planning & Zoning Commission shall revoke the special use permit. Upon revocation, the permit holder shall cease operations within thirty days, or appeal the decision to the City Commission. Failure to appeal within thirty days of the decision of the Planning and Zoning Commission shall constitute forfeiture of all rights of appeal, and the decision of the Planning and Zoning Commission shall become final. If the permit holder appeals to the City Commission, the applicant may continue its operations until a decision has been rendered by the City Commission. If the City Commission affirms the decision of the Planning and Zoning Commission, the permit holder shall have fifteen days from the date of the decision of the City Commission to cease operations.

Section 39.03.020      Medical Marijuana Manufacturing and Dispensary Facilities

  1. Definitions. Unless otherwise indicated all terms in this ordinance shall have the meaning set forth in N.D.C.C. Ch.  19-24.1, or as otherwise defined and promulgated  by the North Dakota Department of Health through administrative rule:
  2. Medical Marijuana Manufacturing Facility: shall meet the definition of a manufacturing facility under N.D.C.C. Ch.  19-24.1 and be an entity registered and authorized by the North Dakota Department of Health to produce, process, and sell usable marijuana to a dispensary.
  3. Medical Marijuana Dispensary: shall meet the definition of a dispensary under N.D.C.C. Ch.  19-24.1 and be an entity registered and authorized by the North Dakota Department of Health to sell usable marijuana.
  • Special Use Permit Required. 
  • When permitted by a special use permit in the AG, GI, LI, and GC Districts, a Medical Marijuana Manufacturing Facility shall be subject to the additional requirements set forth in section 3.
  • When permitted by a special use permit in the LI, GC, CC, DC, and PUD Districts, a Medical Marijuana Dispensary shall be subject to the additional requirements set forth in section 3.
  • Additional Requirements.  In addition to the requirements set forth in N.D.C.C. Ch.  19-24.1, or as otherwise defined and promulgated  by the North Dakota Department of Health through administrative rule, a Medical Marijuana Manufacturing Facility or Dispensary must meet the following additional requirements:
  1. Medical Marijuana Manufacturing Facility:
  2. Must comply with all applicable state laws, including, but not limited to NDCC Ch. 19-24.1.
  3. Any boundary line of the property on which the facility is located must be located a minimum distance one thousand feet (1,000 ft) from the property boundary of a lot or tract upon which a facility of any of the following types is located:
    1. A public or private elementary and secondary school, multidistrict special education unit, area career and technology center, or institution of higher learning.
  4. Waste generated from the growing, processing, or dispensing, of marijuana that contains any element derived from the marijuana plant must be stored in a secured waste receptacle that is only accessible by agents of the marijuana manufacturing center and agents of the contracting waste collection company.
  5. Facility must be equipped with an air filtration system such that any odor resulting from the growing or processing of marijuana does not unreasonably interfere with the surrounding landowners use and enjoyment of their property.
  6. Medical Marijuana Dispensary:
  7. Must comply with all applicable state laws, including, but not limited to NDCC Ch. 19-24.1.
  8. Any boundary line of the property on which the facility is located must be located a minimum distance one thousand feet (1,000 ft) from the property boundary of a lot or tract upon which a facility of any of the following types is located:
    1. A public, private, or parochial elementary and secondary school, multidistrict special education unit, area career and technology center, or institution of higher learning.
  9. Waste generated from the dispensing, of marijuana that contains any element derived from the marijuana plant must be stored in a secured waste receptacle that is only accessible by agents of the marijuana manufacturing center and agents of the contracting waste collection company.
  10. Facility must be equipped with an air filtration system such that any odor resulting from the storage or dispensing of marijuana does not unreasonably interfere with the surrounding landowners use and enjoyment of their property.
  11. Dispensaries shall cease operations between the hours of 1:00 am and 7:00am.
  • Any permit issued under this Section shall be non-transferrable as to the permit holder and/or the premises to be permitted. A permit holder may not relocate their operation using the same permit. A permit approved at a particular location may not be transferred to a new individual or business.
  • The permit holder shall appear annually before the Planning and Zoning Commission for renewal of the permit. The Planning Department may require additional information or an annual site inspection coordinated with the North Dakota Department of Health prior to renewal.
  • Loss of registration by North Dakota Department of Health. A special use permit issued pursuant to the authority granted under this section is granted contingent on the permit holder maintaining its registration by the North Dakota Department of Health to perform the activities authorized by that registration.  The City may seek to revoke any Special Use Permit granted under this section upon notification of that the permit holder has lost the registration status granted by the North Dakota Department of Health.

      (Ord. No. 1657 § 1.)

Article 39.04 Zoning District Regulations

Sections:

39.04.001        Purpose

39.04.002        Establishment of Districts

39.04.003        Application of Districts

39.04.004        Hierarchy

39.04.005        Development Regulations

Section 39.04.001      Purpose

Article Four presents the Zoning District Regulations.  Zoning Districts are established in the Zoning Ordinance to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district. (Ord. No. 1171 § 1.)

Section 39.04.002      Establishment of Districts

The following base districts and overlay districts are hereby established.  Table 4-1 displays the purposes of these districts.

BASE ZONING                      DISTRICT NAMES DISTRICTS

                                    AG                                          Agricultural District

                                    RR                                           Rural Residential District

                                    R-1                                          Low-Density Residential District

                                    R-2                                          Medium-Density Residential District

                                    R-3                                         High-Density Residential District

                                    MH                                          Mobile Home Residential District

                                    LC                                           Limited Commercial District

                                    CC                                           Community Commercial District

                                    DC                                           Downtown Commercial District

                                    GC                                           General Commercial District

                                    LI                                            Limited Industrial District

                                    GI                                            General Industrial District

                                    P                                              Public District

                                                                           OVERLAY DISTRICTS

                                    MU                                          Mixed Use Overlay District

                                    PUD                                        Planned Unit Development Overlay District

                                    FP/FW                                   Floodplain/Floodway Overlay District

                                    UM                                          Underground Mine Overlay District

(Ord. No. 1171 § 1.)

Section 39.04.003      Application of Districts

A base district designation shall apply to each lot or site within the city and its planning jurisdiction.  A site must be in one base district.

Overlay districts may be applied to any lot or site or any portion thereof, in addition to a base district designation.  The Mixed Use District may stand alone as a base district. (Ord. No. 1171 § 1.)

Section 39.04.004      Hierarchy

References in the Zoning Ordinance to less intensive or more intensive districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in Section 39.04.002, and shall represent a progression from the AG Agricultural District as the least intensive to the GI General Industrial District as the most intensive.  The Overlay Districts shall not be included in this reference. (Ord. No. 1171 § 1.)

Section 39.04.005      Development Regulations

            For each Zoning District:  Purposes are set forth in Table 4-1, Permitted Uses are set forth in Table 4-2, and Site Development Regulations are presented in Table 4-3.

Supplemental Regulations may affect specific land uses or development regulations in each zoning district.  The applicable Supplemental Regulations are noted in Table 4-2. (Ord. No. 1171 § 1.)

Table 4-1        Purposes of Zoning District

SymbolTitlePurpose
AGAgricultural DistrictThe AG District provides for and preserves the agricultural and rural use of land, while accommodating very low density residential development generally associated with agricultural uses. This district is designed to maintain complete agricultural uses within the Dickinson extra-territorial jurisdiction.
RRRural ResidentialThis district provides for the rural residential use of land, accommodating very low and low density residential environments. The district’s regulations assure that density is developed consistent with: land use policies of the Dickinson Comprehensive Plan regarding rural subdivision; levels of infrastructure; and environmentally sensitive development practices. The district also accommodates developments that merge urban living with rural life.
R-1Low-Density ResidentialThis district is intended to provide for low-density residential neighborhoods, characterized by single-family dwellings on relatively large lots with supporting community facilities and urban services. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.
R-2Medium-Density ResidentialThis district is intended to provide for medium-density residential neighborhoods, characterized by single-family dwellings on small to moderately sized lots and low-density, multiple-family development. It adapts to both established and developing neighborhoods, as well as transitional areas between single-family and multi-family neighborhoods. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.
R-3High-Density ResidentialThis district is intended to provide locations primarily for multiple-family housing, with supporting and appropriate community facilities. It also permits some non-residential uses such as offices through a special permit procedure, to permit the development of mixed use neighborhoods.
MHMobile Home ResidentialThis district recognizes that mobile home development, properly planned, can provide important opportunities for affordable housing. It provides opportunities for mobile home development within planned parks or subdivision, along with the supporting services necessary to create quality residential neighborhoods.
LCLimited CommercialThis district reserves appropriately located area for office development and a limited variety of low-impact commercial facilities which serve the needs of residents of surrounding residential communities. The commercial and office uses permitted are compatible with nearby residential areas. Development regulations are designed to ensure compatibility in size, scale, and landscaping with nearby residences.
CCCommunity CommercialThis district is intended for commercial facilities which serve the needs of markets ranging from several neighborhoods to the overall region. While allowed commercial and office uses are generally compatible with nearby residential areas, traffic and operating characteristics may have more negative effects on residential neighborhoods than those permitted in the LC District. CC Districts are appropriate at major intersections, at the junction of several neighborhoods, or at substantial commercial sub-centers.  Outdoor storage shall be limited and screened.
DCDowntown Commercial DistrictThis district is intended to provide appropriate development regulations for Downtown Dickinson. Mixed uses are permitted within the DC District and are encouraged in multi-story structures. The grouping of uses is designed to strengthen the town center’s role as a center for trade, service, and civic life.
GCGeneral CommercialThis district accommodates a variety of commercial uses, some of which have significant traffic or visual effect. These districts may include commercial uses which are oriented to services, including automotive services, rather than retail activities. These uses may create land use conflicts with adjacent residential areas, requiring provision of adequate buffering. This district is most appropriately located along major arterial streets or in areas that can be adequately buffered from residential districts.
LILimited IndustrialThis district is intended to reserve sites appropriate for the location of industrial uses with relatively limited environmental effects. The district is designed to provide appropriate space and regulations to encourage good quality industrial development, while assuring that facilities are served with adequate parking and loading facilities.
GIGeneral IndustrialThis district is intended to accommodate a wide variety of industrial uses, some of which may have significant external effects. These uses may have operating characteristics that create conflicts with lower-intensity surrounding land uses. The district provides the reservation of land for these activities and includes buffering requirements to reduce incompatibility.
PPublicThis district accommodates substantial public institutions or uses. It sets aside areas for conservation, public recreation, and full access public facilities.

ZONING DISTRICT REGULATIONS

            Table 4-2        Permitted Uses by Zoning Districts

Use TypesAGRRR-1R-2R-3MHLCCCDCGCLIGIPAdd’l Reg.
Agricultural Uses              
HorticulturePP  S PP PPPP39.06.002a
Crop ProductionPP          P39.06.002a
Type I Animal ProductionPS           39.06.002c
Type II Animal ProductionS             
Type III Animal ProductionS             
Livestock SalesS         SS  
               
Residential Uses              
Single-Family DetachedPPPPPPS       
Single-Family Attached   PPPS      39.06.003b
DuplexP  PP S       
TownhouseP  PP S P    39.06.003c
Multiple Family   PP S P     
Downtown Residential        P    39.06.003d
Mobile Home Park     S       39.06.003e
Mobile Home Subdivision     S       39.06.003f
Manufactured Housing ResidentialPPPPPPS       
Retirement ResidentialS SPP S S     
Home OccupationsSSSSSS  S    39.06.008a
Accessory StructurePPPPPPPPPPPPPNote 8
               
  Civic Uses              
CemeteryPSSS        S 
ClubsSSSSSSSPPP   39.06.004a
College/ University            P 
Convalescent ServicesSS SSSPPPP    
Cultural Services SSSPPPPPPP P 
Day Care (Family)PPPPPPPPPPS  39.03.005g
Day Care (Group)SSSSPSPPPPS  39.03.005h
Detention FacilitiesS       SSS S 
Emergency ResidentialPPPPPPPPPSS   
Golf Courses (Public) SSSSSS      P 
Government Offices      PPPPP P 
Group Care FacilitySSSSPSPPPP   36.06.004c
Group HomePPPPPPPPPP   36.06.004c
Guidance Services    P PPPPPP  
Hospitals    S PPPPS S 
Health CareSS  S PPPPPPS   
Libraries (Public)      PPPP  S 
Maintenance FacilitiesSS     S PPPS 
Park and RecreationPPPPPPPPPPPPP 
Postal Facilities      PPPPPPP 
Primary EducationSPPPPPPPPS  P 
Public Assembly      SSPP  P 
Religious AssemblyPPPPPPPPPPS   
Safety ServicesPPPPPPPPPPPPP   
Secondary Education            P 
Sports Facilities, Field, and Arenas (Public)            P 
UtilitiesSSSSSSSPPPPPS 
               
Office Uses              
General OfficesS   S PPPPPP  
Financial Services    S PPPPPP  
Medical Offices    S PPPPPS  
               
Commercial Uses              
Ag Sales/ServicesS      S PPP  
Auto Rental/Sales       SSP   39.06.005c
Auto Services      SPSPPP 39.06.005a,b
Body Repair       S PPP 39.06.005a
Equipment Rental/Sales         PPP 39.06.005c
Equipment Repair         PPP 39.06.005a
Veh. Storage (Short-Term)         PPP  
Bed and BreakfastPS SP PPPP   39.06.005d
Business Support Services      PPPPPP  
Business/Trade School       PPPP   
CampgroundS    S   S    
Cocktail Lounge       PPP    
Commercial Recreation (Indoor)S     SPPPP   
Commercial Recreation (Outdoor)S       SPPPS 
Communication Service      PPPPPP  
Construction Sale/Service       S PPP  
Consumer Service      PPPPP   
Convenience StorageS   S SSS SPP 39.06.005f
Crematorium         SSP  
Microbrewery pub and distillery       PPP    
Food Sales (Convenience)      SPPPPP  
Food Sales (Limited)      PPPP    
Food Sales (General)      SPPP    
Funeral Service    S PP P    
Limited Retail Services      PPPP    
Gaming Facility       SSP    
General Retail Services       PPP    
KennelsPS       SPP  
Laundry Services        SSPPP  
Liquor Sales S     PPPP    
Lodging       PPPS   
Personal Improvement    S PPPPPP  
Personal Services    S PPPPPP  
Pet Day CarePSSSS PPPPPP 39.03.019y
Pet ServicesS     PPPP    
Research Services      PPPPPP  
Residential-Commercial      PPPP    
Restaurants (Drive-In)      SPSPSS  
Restaurants (General)P     PPPPSS  
               
Restricted Business              
StablesPS         S  
Surplus SalesS       SPP   
Trade ServicesS      PSPP   
Vehicle Storage         SP   
Veterinary ServicesSS    SSSPP   
               
Parking Uses              
Off-Street Parking  SSS SSPPPP  
Parking Structure       SSSP   
               
Industrial Uses              
Custom Manufacturing       SSPPP  
Light Industry          PP  
General Industry           P  
Heavy Industry           S  
Oil WellsS          S  
Resource ExtractionS          S  
Salvage Services and Yards, Junk Yards           P 39.06.006a
Vehicle Storage (Long-term)          PP  
Warehousing (Open)          PP  
Warehousing (Closed)        SPPP  
Construction Yards         SPP  
Recycling Collection       S PPP  
Recycling Processing          PP  
Grain Elevators           S  
Petroleum Storage/SalesS          S  
StockyardsS          S  
Toxic Gaseous StorageS          S Note 9
Dairy Plant         SSP  
               
Transportation Uses              
AviationP          P  
Railroad FacilitiesS       SSPP  
Truck Terminal         SSP  
Transportation TerminalS      SSSPP  
               
Miscellaneous Uses              
Communications TowerSSSSSS SS SS  
Amateur Radio TowerPPPPPPPPPPPP  
Construction Batch Plant          SP  
WECSPPSSSSSSSSSP  
Landfill (Inert)SS         S  
Landfill (Municipal, Industrial or Special Waste)S           S 
Alternative Energy Production DevicesPPSSSS SS SP  
Motorized SportsS         SS Note 10
               

*Note: Provisions of Sections 39.06.008 through 39.06.009 apply to all use types

P = Uses Permitted by Right S = Uses Permitted by Special Permit Blank = Use Not Permitted

ZONING DISTRICT REGULATIONS

Table 4-3a       Summary of Site Development Regulations

RegulatorAGRRR-1R-2R-3*
Minimum Lot Area (square feet)5 acres1 Acre (Note 1)*7,5007,0007,000
Minimum Lot Width (feet)300100   
Single-Family Detached  605050
Single-Family Attached  454545
Other Residential  6075 (Note 3)75 (Note 3)
Site Area per Housing Unit (square feet)     
Single-Family Detached5 Acres1 Acre7,500  7,000  7,000
Single-Family Attached   4,0004,000
Duplex    10,000 10,000
Townhouse or multi-family up to 4 units   7,000 for the first unit and 3,000 thereafter (Note 6)  7,000 for the first unit and 3,000 thereafter  
Each additional multi-family unit over 4 units     7,000 for the first unit, 3,000 for the next three units and 1,000 thereafter
Retirement Residential Minimum Yards (feet)(Note 10) (Note 10)(Note 10)(Note 10)
Front Yard Arterial Streets5040252525
Other Streets5040252525
Street Side Yard1515151515
Interior Side Yard151566 (Note 2)6 (Note 2)
Rear Yard50252020 (Note 5)20 (Note 5)
Maximum Height (feet) 4040SUP in excess of 65 feet60
Maximum Building CoverageNA25%40%60%70%
Maximum Impervious CoverageNA35%50%65%75%
Floor Area RatioNANANANA 

            – Notes Accompanying This Table Appear after Table 4-3c

ZONING DISTRICT REGULATIONS

            Table 4-3b      Summary of Site Development Regulations

RegulatorMHLC*CC*DCGC*
Minimum Lot Area (square feet) 5,00012,000None12,000
Minimum Lot Width (feet) 50100NA100
Site Area per Housing Unit (square feet) Same as R-3NA500NA
Minimum Yards (feet)     
Front Yard 2020020
Street Side Yard 2010010
Interior Side Yard 10000
Rear Yard 20000
Maximum Height (feet) 4040No Limit60
Maximum Building Coverage 50%60%100%70%
Maximum Impervious Coverage Retirement Residential 70% (Note 10)80%100% (Note 10)90%

*Uses in the R-3, LC, CC, GC, LI, and GI Districts are subject to landscape and screening provisions contained in Article 39.08

ZONING DISTRICT REGULATIONS

            Table 4-3c       Summary of Site Development Regulations

RegulatorLI*GI*
Minimum Lot Area (square feet)10,00010,000
Minimum Lot Width (feet)100100
Site Area per Housing Unit (square feet)N/AN/A
Minimum Yards (feet)  
Front Yard2020
Street Side Yard2020
Interior Side Yard1010
Rear Yard2020
Maximum Height (feet)SUP in excess of 60 feetSUP in excess of 60 feet
Maximum Building Coverage70%85%
Maximum Impervious Coverage90%100%
Floor Area Ratio1.02.0

*Uses in the R-3, LC, CC, GC, LI, and GI Districts are subject to landscape and screening provisions contained in Article 39.08

ZONING DISTRICT REGULATIONS

            Notes to Preceding Pages: Tables 4-2 and 4-3

Note 1:

Rural Residential development situated within one of the designated rural development areas of the Comprehensive Plan may occur on minimum lot sizes below 1.0 acres, if such development is approved by the City as a Conservation Subdivision, designed in conformance with the Comprehensive Plan, to ensure compatible installation of infrastructure and sanitary waste collection systems in the future.

Note 2:

Six feet for single-story construction, one foot for each 4 feet for any building over 24 feet in height. See Section 39.06.003 for supplemental regulations governing single-family attached and townhouse residential use types.

Note 3:

See Section 39.06.003 for supplemental regulations regarding modifications of lot width for townhouse residential use type.

Note 4:

Height limit for residential structures. 65 feet for other permitted uses.

Note 5:

Setback ten feet for single-story construction, five feet for each additional story.

Note 6:

The 3,000 square feet per townhouse unit applies for up to 10 units in townhouse developments in the R-2 district.

Note 7:

All allowable accessory buildings to a residence shall be limited to a maximum of one thousand two hundred feet (1,200) and for a maximum of three (3) detached structures for the first one acre or less. The total area of all accessory buildings may be increased by 250 square feet for each additional half (.5) acre of land area above one acre, but in no case shall the total exceed 30 percent lot coverage. Accessory buildings shall include the following: barns, stable, storage buildings, and detached personal vehicle garages.

Note 8:

Toxic Gaseous Storage: Storage facilities of toxic gaseous, materials, tanks/or bulk facilities shall not be built within (2) two miles of any residential subdivision or within (1) mile of any building for human occupancy generally, unless approved by a special use permit after a finding that storage will not pose a potential public health hazard.

Note 9:

  • Adequate direct road access to the site is provided with such access designed to minimize traffic congestion; and
  • Sufficient off-street parking areas are provided in conformance with Article 39.09, Table 9-1; and
  • The site is located at least one (1) mile from any residentially zoned area.

Note 10:

Density for Retirement Residential is 7,000 square feet for 4 units and 1,000 square feet for each additional unit.

Note 11:

Attached garages shall not exceed the total square footage and height of the residence.

Note 12:

Detached structures shall not exceed the height of fifteen (15) feet or the height of the primary residence, whichever is less, unless the detached structure is setback from the side and rear property line a minimum of two (2) horizontal feet for every one (1) foot in height exceeding the maximum height of the structure in residential districts.

Note 13:

Accessory structures larger than two hundred and fifty (250) square feet shall be constructed with similar materials of the primary residence or building in residential and commercial zoning districts.

Note 14:

Residential Use in multi-story structures in the DC zoning district, as well as family and group cares, emergency residential, group care, group home, religious assembly, and bed and breakfast uses will be located in the floor or floors above commercial uses.

 (Ord. No. 1171 § 1; Ord. No. 1205, § 1; Ord. 1225 § 2; Ord. 1235 § 1 & 2; Ord. 1244 § 3, Ord. 1423 § 4; Ord. 1437 § 4; Ord. 1475 § 1. Ord. 1604 § 3.  Ord. No. 1610 § 3, Ord. No. 1643 § 1, Ord. No. 1650 § 3)

 (Ord. No. 1171 § 1; Ord. No. 1205, § 1; Ord. 1225 § 2; Ord. 1235 § 1 & 2; Ord. 1244 § 3, Ord. 1423 § 4; Ord. 1437 § 4; Ord. 1475 § 1. Ord. 1604 § 3.  Ord. No. 1610 § 3, Ord. No. 1643 § 1)

Article 39.05 Special and Overlay Districts

Sections:

39.05.001        General Purpose

39.05.002        Purpose (Repealed)

39.05.003        Permitted Uses (Repealed)

39.05.004        Site Development Regulations (Repealed)

39.05.005        Amendments (Repealed)

39.05.006        Purpose

39.05.007        Permitted Uses

39.05.008        Site Development Regulations

39.05.009        Access to Public Streets

39.05.010        Application Process

39.05.011        Adoption of District

39.05.012        Amendment Procedure

39.05.013        Building Permits

39.05.014        Termination of PUD District

39.05.015        Purpose

39.05.016        Application of District

39.05.017        Permitted Uses

39.05.018        Adoption of District

39.05.019        Purpose

39.05.020        Floodplain and Floodway Overlay Districts:  Findings of Fact

39.05.021        Floodplain and Floodway Permits and Administration

39.05.022        Establishment of Zoning Districts

39.05.023        Standards for Floodway Overlay District and Floodplain Overlay District

39.05.024        Floodplain Overlay District:  Regulations

39.05.025        Floodway Overlay Districts

39.05.026        Request for Variances From District Requirements

39.05.027        Zoning Regulations For Nonconforming Uses

39.05.028        Definitions

39.05.030        Corridor Overlay District – Purpose

39.05.031        Corridor Overlay District – Boundaries

39.05.032        Corridor Overlay District – Permitted Uses

39.05.033        Corridor Overlay District – Application and Exemptions

39.05.034        Corridor Overlay District – Standards

39.05.040        West Villard Overlay District – Purpose

39.05.041        West Villard Overlay District – Boundaries

39.05.042        West Villard Overlay District – Application

39.05.050        Downtown Overlay District – Purpose

39.05.051        Downtown Overlay District – Boundaries

39.05.052        Downtown Overlay District – Application

39.05.053        Downtown Overlay District – Affected Properties

39.05.054        Downtown Overlay District – Permitted Uses

39.05.055        Development Standards

39.05.056        Dickinson Theodore Roosevelt Regional Airport Overlay District

Section 39.05.001      General Purpose

Special Districts provide for base districts that allow multiple land uses and flexible development, with the requirement that a specific plan for the area be submitted by applicants.  Overlay Districts are used in combination with base districts to modify or expand base district regulations.  Overlay Districts are adapted to special needs of different parts of the City of Dickinson.

The Overlay Districts are designed to achieve the following objectives:

a. To recognize special conditions in specific parts of the City which require specific regulation.

b. To provide flexibility in development and to encourage innovative design through comprehensively planned projects.  (Ord. No. 1171 § 1.)

Section 39.05.002      Purpose

Repealed. (Ord. No. 1171 § 1. Ord No. 1604 § 4)

Section 39.05.003      Permitted Uses

Repealed. (Ord. No. 1171 § 1. Ord No. 1604 § 4)

Section 39.05.004      Site Development Regulations

Repealed. (Ord. No. 1171 § 1. Ord No. 1604 § 4)

Section 39.05.005      Amendments

Repealed. (Ord. No. 1171 § 1. Ord No. 1604 § 4)

Section 39.05.006      Purpose

PUD PLANNED UNIT DEVELOPMENT DISTRICT

The PUD Planned Unit Development Overlay District is intended to provide flexibility in the design of planned projects; to permit innovation in project design that incorporates open space and other amenities; and to insure compatibility of developments with the surrounding urban environment.  The PUD District, which is adopted by the City Commission with the recommendation of the Planning Commission, assures specific development standards for each designated project. (Ord. No. 1171 § 1. Ord. No. 1470 § 1.)

Section 39.05.007      Permitted Uses

Uses permitted in a PUD Overlay District are those permitted in the ordinance adopting the PUD.  Any use listed in this Code as a permitted or special use may be allowed.  Any other use that the Commission finds compatible with the existing and planned uses in the development and on adjacent properties may be allowed.  However, each approved use must be listed in the PUD and included in the approval ordinance adopted by the Commission.  A PUD may be established exclusively for residential, commercial or industrial development or any combination of those types of development.   (Ord. No. 1171 § 1; Ord. No. 1470 § 1)

Section 39.05.008      Site Development Regulations

A property owner shall have the option of choosing to conform with the underlying zoning district regulations or the established PUD approval, if the PUD was adopted by the Commission prior to the adoption of this chapter.   (Ord. No. 1171 § 1; Ord. No. 1470 § 1)

Section 39.05.009      Access to Public Streets

Each PUD District must abut a public street for at least 50 feet and gain access from that street. (Ord. No. 1171 § 1.)

Section 39.05.010      Application Process

a.         Development Plan

The application for a Planned Unit Development District shall include a Development Plan containing the following information:

1.         A tract map, showing site boundaries, street lines, lot lines, easements, and proposed dedications or vacations.

2.         A land use plan designating specific uses for the site and establishing site development regulations, including setback height, building coverage, impervious coverage, density, and floor area ratio requirements.

3.         A site development and landscaping plan, showing building locations, or building envelopes; site improvements; public or common open spaces; community facilities; significant visual features; and typical landscape plans.

4.         A circulation plan, including location of existing and proposed vehicular and pedestrian, facilities and location and general design of parking and loading facilities.

5.         Schematic architectural plans and elevations sufficient to indicate a building height, bulk, materials, and general architectural design.

6.         A statistical summary of the project, including gross site area, net site area, number of housing units by type, gross floor area of other uses, total amount of parking, and building and impervious surface percentages. (Ord. No. 1171 § 1.)

Section 39.05.011      Adoption of District

a.         The Planning Commission and City Commission shall review and evaluate each Planned Unit Development application.  The City may impose reasonable conditions, as deemed necessary to ensure that a PUD shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare.

b.         The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.

c.         The Planning Commission may recommend amendments to PUD district applications.

d.         The recommendation of the Planning Commission shall be transmitted to the City Commission for final action.

e.         The City Commission, after proper notice, shall act upon any Ordinance establishing a PUD Planned Unit Development Overlay District.  Proper notice shall mean the same notice established for any other zoning amendment.

f.          An Ordinance adopting a Planned Unit Development Overlay Zoning District shall require a favorable simple majority of the City Commission for approval.

g.         Upon approval by the City Commission, the Development Plan shall become a part of the Ordinance creating or amending the PUD District.  All approved plans shall be filed with the Zoning Administrator. (Ord. No. 1171 § 1.)

Section 39.05.012      Amendment Procedure

Major amendments to the Development Plan must be approved according to the same procedure set forth in Section 39.05.005. (Ord. No. 1171 § 1.)

Section 39.05.013      Building Permits

The City shall not issue a building permit, certificate of occupancy, or other permit for a building, structure, or use within a PUD District unless it is in compliance with the approved Development Plan or any approved amendments. (Ord. No. 1171 § 1.)

Section 39.05.014      Termination of PUD District

If no substantial development has taken place in a Planned Unit Development District for one year following approval of the District, the Planning and Zoning Commission shall reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property. (Ord. No. 1171 § 1.)

Section 39.05.015      Purpose

A. AGRICULTURAL BUSINESS OVERLAY DISTRICT

This district is intended to permit limited agricultural activities in combination with residential land uses.  It recognizes the rural character of areas adjacent to Dickinson which may combine residential development at moderate densities with certain farm uses, including the raising of crops and animals, and the storage of agricultural products.  It further recognizes that such uses should be strictly controlled in order to minimize effects on neighboring properties. (Ord. No. 1171 § 1.)

Section 39.05.016      Application of District

This district may be used only in combination with any zoning district. (Ord. No. 1171 § 1.)

Section 39.05.017      Permitted Uses

In addition to those uses permitted in the base district, the following additional uses are permitted in the Agricultural Business Overlay District:

a. Horticulture

b. Crop Production

c. Storage and sales of agricultural products, provided that a buffer of at least 30 feet is provided between this use and any adjacent lot within a residential zoning district. (Ord. No. 1171 § 1.)

Section 39.05.018      Adoption of District

a.         The Planning Commission and City Commission shall review and evaluate each A Overlay District application.

b.         The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.

c.         The Planning Commission may recommend amendments to A district applications.

d.         The recommendation of the Planning Commission shall be transmitted to the City Commission for final action.

e.         The City Commission shall act upon any Ordinance establishing an A Overlay District.

f.          The Ordinance adopting the A District shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.

g.         An Ordinance adopting an A Overlay District shall require a favorable vote of a simple majority of the City Commission for approval.

h.         Upon approval by the City Commission, each A Overlay District shall be shown on the Zoning Map, identified sequentially by order of enactment and referenced to the enacting Ordinance.

i.          Any protest against an A Overlay District shall be made and filed as provided by the Century Code of North Dakota, and amendments thereto. (Ord. No. 1171 § 1.)

Section 39.05.019      Purpose

FP/FW FLOODPLAIN/FLOODWAY OVERLAY DISTRICT

It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize those losses described in Section 39.05.020 by applying the provisions of this ordinance to:

1.         Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

2.         Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

3.         Protect individuals from buying lands which are unsuitable for intended purposes because of flood hazard.

4.         Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program when identified by the Federal Insurance Administration as a flood prone community. (Ord. No. 1171 § 1.)

Section 39.05.020      Floodplain and Floodway Overlay Districts:  Findings of Fact

Flood Losses Resulting from Periodic Inundation

Flood hazard areas of the City of Dickinson, North Dakota, are subject to inundation which results in loss of life or property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

1.         General Causes of These Flood Losses

These flood losses are caused by (a) the cumulative effect of obstruction in floodways causing increases in flood heights and velocities, (b) the occupancy of flood areas by uses vulnerable to floods or hazardous to other which are inadequately elevated or otherwise protected from flood damages.

2.         Methods Used to Analyze Flood Hazards

This ordinance uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.

a)         Selection of a base flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation.  The base flood selected for this ordinance is representative of large floods which are reasonably characteristic of what can be expected to occur on   the particular streams subject to this ordinance.  It is in the general order   of a flood which could be expected to have a one (1%) percent change of occurrence in anyone year, as delineated by applicable Flood Insurance Studies and the Federal Emergency Management Administration’s Flood Insurance Rate Maps and Flood Boundary and Floodway Map, or any subsequent effective Flood Insurance Studies, Rate Maps, and Flood     Boundary and Floodway Maps issued after the effective date of this ordinance and adopted by the City of Dickinson.

b)         Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the base flood.

c)         Computation of the floodway required to convey this flood without increasing flood heights more than 1 foot at any point.

d)         Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.

e)         Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the base flood.

Land to Which Ordinance Applies

This ordinance shall apply to all lands within the jurisdiction of the City of Dickinson identified on the Flood Insurance Rate map (FIRM) as numbered and unnumbered A zone and/or within the Overlay Districts FP and FW established in this ordinance.  In all areas covered by this ordinance, no development shall be permitted except upon a permit to develop granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community as contained in the City Code.

Enforcement Officer

The Zoning Administrator of the City of Dickinson is hereby designated as the City Council’ s duly designated Enforcement Officer under this ordinance.  Unless otherwise provided by the City Council, the Natural Resources Commission shall assist the City of Dickinson on interpretation of floodplain/floodway rules and regulations.  The Enforcement Officer shall obtain comments from the NRC as part of his/her review of all proposed activity in this Overlay District.

Rules for Interpretation of District Boundaries

The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map.  Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Enforcement Officer shall make the necessary interpretation.  In such cases where the interpretation is contested, the Board of Adjustment will resolve the dispute.  The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.  The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

Compliance

No development located within known flood hazard areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

Abrogation and Greater Restrictions

It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants or deed restriction.  However, where this ordinance imposes greater restrictions, the provision of this ordinance shall prevail.  All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

Interpretation

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City of Dickinson and shall not be deemed a limitation or repeal of any other powers granted by state statute.

Warning and Disclaimer of Liability

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.  Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.  This ordinance does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages.  This ordinance shall not create liability on the part of the City of Dickinson or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder.

Severability

If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

Application for Appeal

Where a request for a permit to develop is denied by the Zoning Administrator, the applicant may apply for such permit or variance directly to the Board of Adjustment.  Procedures for appeals to the Board of Adjustment shall proceed as set forth by Section 39.12.010b of this Ordinance. (Ord. No. 1171 § 1.)

Section 39.05.021      Floodplain and Floodway Permits and Administration

Permit Required

No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in Section C. hereof.

Administration

1.  The Zoning Administrator is hereby appointed to administer and implement the provisions of this ordinance.

2.  Duties of the Zoning Administrator shall include, but not be limited to:

a)  Review of all development permits to assure that sites are reasonable, safe from flooding and    that the permit requirements of this ordinance have been satisfied.

b)  Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or Local Governmental agencies from which prior approval is required.

c)  Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

d)  Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

e)  Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.

f)  When floodproofing is utilized for a particular structure, the Zoning Administrator shall be presented certification from a registered professional engineer or architect.

Application for Permit

To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose.  Every such application shall:

1.  Identify and describe the work to be covered by the permit.

2.  Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

3.  Indicate the use or occupancy for which the proposed work is intended.

4.  Be accompanied by plans for the proposed construction.

5.  Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

6.  Give such other information as reasonably may be required by the Zoning Administrator. (Ord. No. 1171 § 1.)

Section 39.05.022      Establishment of Zoning Districts

The mapped flood plain area within the jurisdiction of this ordinance are hereby divided into the two following districts:  A Floodway Overlay District (FW) and a Floodplan Overlay District (FP) as identified in the official Flood Plain Study.  Within these districts, all uses not meeting the standards of this ordinance and those standards of the underlying zoning district shall be prohibited.  These zones shall be consistent with the numbered and unnumbered A Zones as identified on the official FIRM when identified in the Flood Insurance Study provided by the Federal Insurance Administration. (Ord. No. 1171 § 1.)

Section 39.05.023      Standards for Floodway Overlay District and Floodplain Overlay District

            a. No permit for development shall be granted for new construction, substantial improvement or other improvements including the placement of manufactured homes within the identified flood plain unless the conditions of this section are satisfied.

            b. All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the 100-year flood; however, the water surface elevation was not provided.  The unnumbered A Zones shall be subject to all development provisions of this ordinance.  If Flood Insurance Study Data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction.  Further, in cases of proposed development within unnumbered “ A”  zones, the developer’ s engineer shall be required to conduct the necessary studies to determine the 100 year flood elevation and its extent in relation to such development.

            c. New construction, subdivision proposals, substantial improvement, prefabricated building, placement of manufactured homes and other development shall require:

1.         Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effect of buoyancy.

2.         New or replacement water supply systems and/or sanitary sewage systems designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

3.         Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

4.         All utility and sanitary facilities be elevated or floodproofed one foot above the regulatory flood elevation.  Such floodproofing is permitted only for non-residential properties.

5.         That until a floodway has been designated, no development including landfill, may be permitted within the identified flood plain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1’ ) foot on the average cross-section of the reach in which the development or landfill is located as shown in the official flood plan study incorporated by reference herein.

6.         Storage of Materials and Equipment

a)  The storage of processing of materials that are in time of flooding buoyancy, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b)  Storage of other materials or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

7.         Subdivision proposals and other proposed new development, including  manufactured home parks or subdivision, be required to assure that:

a)  All such proposals are consistent with the need to minimize flood damage.

b)  All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage.

c)  Adequate drainage is provided so as to reduce exposure to flood hazards.

d)  Proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is less, include within such proposals the regulatory flood elevation. (Ord. No. 1171 § 1.)

Section 39.05.024      Floodplain Overlay District:  Regulations

Permitted Uses

Any use permitted in the underlying base district shall be permitted in the Floodplain Overlay District.  No use shall be permitted in the district unless the standards of this Section are met.

Standards for the Floodplain Overlay District

1.         Any new construction or substantial improvements of residential structures shall  have the lowest floor, including basement elevated one foot above the base flood   elevation.

2.         Any new construction or substantial improvements of non-residential structures shall have the lowest flood, including basement elevated one foot above the base flood elevation, or, together with attendant utility and sanitary facilities, shall be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro-dynamic loads and effect of buoyancy.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.  Such certification shall be provided to the official as set forth in Section 39.05.023c.  Such floodproofing is permitted only for non-residential properties.

3.         All new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designated to automatically equalize hydro-static flood forces or exterior walls by allowing for the entry and exit of  floodwaters.  Designs for meeting this requirement must either be certified by the            registered professional engineer or architect or meet or exceed the following minimum criteria:  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.  The    bottom of all openings shall be not higher than one foot above grade.  Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(a)       Below-Grade Residential Crawlspace Construction

New construction and substantial improvement of any below-grade crawlspace shall:

  1. Have the interior grade elevation that is below base flood elevation no lower than two feet below the lowest adjacent grade
  2. Have the height of the below-grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceeding four feet at any point
  3. Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood
  4. Be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads
  5. Be constructed with materials and utility equipment resistant to flood damage
  6. Be constructed using methods and practices that minimize flood damage
  7. Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding
  8. Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(a)  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

4.         Within AH zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

5.         Manufactured Homes

a)  All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement.  Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines.  In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

(i)  Over-the-top ties shall be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations, and manufactured homes less than 50 feet long requiring one additional tie per side.

(ii)  Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side.

(iii) All components of the anchoring system shall be capable of carrying a force of 4800 lbs.

(iv) Any additions to manufactured homes shall be similarly anchored.                                                                           

b)  All manufactured homes to be placed within Zones A1-30, AH and AE on the community’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of the Uniform Building Code.

c) AO Zones:  Special Regulations

Located within the areas of special flood hazard are areas designated as AO Zones.  These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.  Therefore, the following provisions apply with AO Zones:

1.         All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as 1 foot above the depth number specified in feet on the community’ s FIRM.

2.         All new construction and substantial improvements of nonresidential structures shall:

a)  Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as 1 foot above the depth number specified in feet on the community’ s FIRM.

b)  Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy.  Such certification shall be provided to the official as set forth in Section 39.05.023c.

c)  Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. (Ord. No. 1171 § 1; Ord. No. 1246 § 1)

Section 39.05.025      Floodway Overlay Districts

Permitted Uses

Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided that they do not require structural fill or storage of materials or equipment.  No use shall increase the flood levels of the base flood elevation.  These uses are subject to the standards and requirements of Section 39.05.023.

1.         Agricultural uses such as general farming, pasture, nurseries, forestry.

2.         Accessory residential uses such as lawns, gardens, parking and play areas.

3.         Nonresidential areas such as loading areas, parking, and airport landing strips.

4.         Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.  New placement of residential structures including manufactured homes are prohibited within the identified floodway (FW) area.

5.         In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State of Local sources in meeting the standards of this section. (Ord. No. 1171 § 1.)

Section 39.05.026      Request for Variances From District Requirements

a.         The Board of Adjustment, as established by the City of Dickinson, shall hear and decide appeal and requests for variances from the requirements of this ordinance.

b.         The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this ordinance.

c.         Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the City Council as provided by the Century Code of North Dakota.

d.         In passing upon such applications, the Board of Adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this ordinance, and:

1.         The danger that materials may be swept onto other lands to the injury of others.

2.         The danger of life and property due to flooding or erosion damage.

3.         The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4.         The importance of the services provided by the proposed facility to the community.

5.         The necessity to the facility of a waterfront location, where applicable.

6.         The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

7.         The compatibility of the proposed use with existing and anticipated development.

8.         The relationship of the proposed use to the comprehensive plan and flood plain management program for that area.

9.         The safety of access to the property in time of flood for ordinance and emergency vehicles.

10.       The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effect of wave action, if applicable, expected at the site.

11.       The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

e.         Conditions for Variance

1.         Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre of less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level providing terms 2. through 6. below have been fully considered.  As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.

2.         Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

3.         Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

4.         Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

5.         In addition to the criteria for variances set forth in Section 39.12.011C of this Ordinance, variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

6.         Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. No. 1171 § 1.)

Section 39.05.027      Zoning Regulations For Nonconforming Uses

Continuance of Nonconforming Uses

A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions:

1.         No such use or substantial improvement of that use shall be expended, changed, enlarged, or altered in a way which increases its nonconformity.

2.         If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this ordinance.  The Utility Department shall notify the Building Inspector in writing of instances of nonconforming uses where utility services have been discontinued for a period of twelve (12) months.

3.         Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue a nonconforming uses.

Replacement of Residential Uses

If any residential nonconforming use of structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred within those areas identified as floodway (FW).  This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Replacement of Non-Residential Uses

If any non-residential nonconforming use of structure is destroyed by any means, including flood, it should not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this ordinance.  This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Ord. No. 1171 § 1.)

Section 39.05.028      Definitions

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application.

Actuarial Rates.  Or “risk premium rates” are those established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. 4014 and the accepted actuarial principles.  Actuarial rates include provisions for operating costs and allowances.

Appeal.  A request for a review of the Zoning Administrator’s interpretation of any provision of this ordinance or a request for a variance.

Area of Shallow Flooding.  A designated AO or AH zone on a community’ s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard.  The land in the flood plain within a community subject to one percent or greater chance of flooding in any given year.

Base Flood Elevation.  Elevation indicated in the official flood plain study as the elevation of the 100-year flood.

Base Flood Protection Elevation.  An elevation one foot higher than the water surface elevation of the base flood.

Channel.  A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water.  Channel flow, thus, is that water which is flowing within the limits of a defined channel.

Community.  Any state or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the area within its jurisdiction.

Development.  Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Existing Construction.  (For the purposes of determining rates) structures for which the “ start of construction”  commenced before the effective date of the FIRM or before January 1, 1975, for FIRM’ s effective before that date.  “Existing Construction” may also be referred to as “existing structures”.

Flood or Flooding.  A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation of runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM).  An official map of a community, on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community.

Flood Insurance Study.  The official report provided by the Federal Emergency Management Agency.  The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

Flood Plain Management.  The operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to, emergency preparedness plan, flood control works, and flood plain management regulations.

Flood Protection System.  Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard”.  Such a system typically includes levees or dikes.  These specialized modifying works are those constructed in conformance with sound engineering standards.

Floodproofing.  Any combination of structural and non-structural additions, changes, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water.  Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy.

Floodplain (FP).  That area of the flood plain, outside of the floodway, that on an average is likely to be flooded once every 100 years (i.e. that has a one percent chance of flood occurrence in any one year.)

Floodway (FW).  The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

Freeboard.  A factor of safety usually expressed in feet above a flood level for purposes of flood plain management.  “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the heights calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

Highest Adjacent Grade.  The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Lowest Floor.  The lowest floor of the lowest enclosed area (including basement).  An unfurnished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’ s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

Manufactured Home.  A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  For flood plain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.  For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

Manufactured Home Park or Subdivision.  A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New Construction.  Structures for which the “start of construction or substantial improvement” is commenced on or after the effective date of the FIRM.

100-Year Flood.  The base flood having a one percent chance of annual occurrence.

Overlay District.  A district which acts in conjunction with the underlying zoning district or districts.

Start of Construction.  For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L97-348) includes substantial improvement, and means the date the building permit was issued, providing the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date.  The actual start or other improvement was within 180 days of the permit date.  The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of street and/or walkways, nor does it include excavation for a basement, footings, or foundations or the erection of temporary forms, nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure.  A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

Substantial Improvement.  Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred.  For the purpose of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.  The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Variance.  A grant of relief to a person from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. (Ord. No. 1171 § 1.)

Section 39.05.030      Corridor Overlay District – Purpose

The purpose of Corridor Overlay District for transportation corridors identified herein is to promote and protect the public health, safety and welfare by providing for consistent and coordinated treatment of properties bordering and within the identified transportation corridors in the City of Dickinson, North Dakota, and in the City of Dickinson’s Extraterritorial Zoning Jurisdiction (ETZ).  The identified corridors are important transportation corridors, and will continue as such with future growth of the city.  These transportation corridors are expected to carry significant volumes of traffic, making development along these transportation corridors highly visible to the traveling public.  Therefore, it is the purpose of this District to ensure high aesthetic quality of development along these important transportation corridors through:

(A)      The establishment of enhanced standards for buildings, landscaping, and other improvements constructed on the properties bordering and within the identified transportation corridors; and

(B)       The establishment of development requirements which will encourage high quality of design of development of those properties and promote the quality, scale, and character of development consistent with existing and planned uses bordering and within the identified transportation corridors. 

Section 39.05.031      Corridor Overlay District – Boundaries

The boundaries of the Corridor Overlay Districts are hereby established as follows:

            (A)      All structures and or lots that are within 400 feet of either side of the right-of-way (existing or future if additional right-of-way is required, whichever is greater) for the following identified corridors: 

            Highway 22 a/k/a 3rd Avenue West

            I-94 Highway Corridor

            Villard Street

            I-94 Business Loop (East and West)

            State Avenue

            10th Avenue East

            21st Street (East and West)

            34th Street SW a/k/a 40th Street

            30th Avenue West

            33rd Street SW one-mile west of the intersection of Hwy 22 and 33rd Street SW

            Exit 56 Truck Bypass

            Highway 10

            116th Avenue SW

            15th Street West

            12th Street West  

            Museum Drive West

            14th Street (East & West)

            2nd Avenue West north of I-94

            16th Street West

            Western Drive

(Ord. No. 1604 § 5, Ord. No. 1625 § 1.)

Section 39.05.032      Corridor Overlay District – Permitted Uses

The overlay district provisions apply to any base zoning district set forth in this chapter that exists within the defined overlay area.  Permitted uses shall be subject to the provisions of this section and shall be further subject to requirements of the applicable base zoning district.

Section 39.05.033      Corridor Overlay District – Application and Exemptions

  • These standards apply to sites (including all principal and accessory buildings) that are within the Corridor Overlay District unless otherwise specified herein, and apply to all use categories.
  • Farm structures are exempt from these requirements provided they meet the base zoning district requirements.
  • Existing single-family structures are exempt from these requirements provided they meet the base zoning district requirements.
  • Expansions to buildings that exist on the date this ordinance is adopted are exempt from the requirements of this ordinance for any building additions that do not exceed fifty percent (50%) of the existing building square footage. If multiple building expansions are conducted after the adoption of this ordinance, the expansion that causes the total square footage of expansions to reach or exceed a 50% expansion of the original building square footage shall thereafter be required to conform to the requirements of this chapter.
  • If overlapping regulations appear in other sections of this Land Development Code, those regulations stated herein shall take precedence.
  • Unless otherwise noted in this Section, the standards of the underlying base zoning districts shall apply. (Ord. No. 1604 § 5, Ord. No. 1625 § 1.)

Section 39.05.034      Corridor Overlay District – Standards

Building Design

Building design shall incorporate materials to convey permanence, substance, timelessness, and restraint. Each building shall be constructed with one or more of the following material(s) consisting of at least fifty percent (50%) of the exterior materials.

Any exterior building wall visible from the corridor shall be constructed of one or more of the following (minimum of 50%):

a.         Clay or masonry brick

b.         Customized concrete masonry with striated, scored, or broken faced brick type units (sealed) with color consistent with design theme.

c.         Poured in place, tilt-up, or precast concrete.  Poured in place and tilt-up walls shall have a finish of stone, a texture, or a coating.

d.         Architectural flat metal panels or glass curtain walls.

e.         Stucco or Exterior Finish Insulation Systems (EFIS).

Natural stone

Residential grade permanent siding provided that buildings are enhanced by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia, overhangs, and trim.  Wooden siding may be used as a substitute for residential grade permanent siding.

Metal siding systems may be used along the corridor provided that metal is limited to 70% of the building face.  In addition the building must be enhanced by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia, overhangs, and trim.

Additional materials may be approved by the City Planner provided that the substituted or additional materials meet the purpose and intent of this chapter and are similar in nature to those specified materials herein.

Non-decorative exposed concrete block and non-decorative metal buildings are prohibited.

Ground floor building facades of commercial and office buildings visible from identified corridors shall have a minimum of 20 percent glass windows. 

Any portion of a building façade that exceeds one hundred (100) feet shall incorporate windows or architectural and design elements to break up the expanse of wall.  Examples include, but are not limited to, windows, lighting, material changes, articulated wall surfaces, architectural treatments such as sculptured wall features or shadow lines, vertical accents, texture changes or color changes.  Landscaping may be used in combination with the design elements listed above.

Sloped roofs shall not exceed one hundred (100) feet in length without a change in roof plane, or gable, or dormer.

Building design shall incorporate architectural characteristics that emphasize human scale design features, and minimize the mass and scale of buildings through the use of features including, but not limited to: variation in the rooflines and form, designs that visually define “tops” and “bottoms” of buildings, use of protected or recessed entries, use of vertical elements on or in front of expansive blank walls, use of focal points, inclusion of windows on elevations facing streets and pedestrian areas.

Building entrances, excluding emergency exits, shall be designed as focal points and shall be enhanced through the use of elements such as canopies, overhangs, peaked roofs, paving materials, planters, landscaping features, and outdoor seating areas.

Roof-mounted and ground mounted mechanical equipment shall be fully screened from the identified corridor.  Penthouses for mechanical equipment shall be incorporated into the building façade design, consistent with the exterior building design requirements.

Exterior mechanical equipment shall be shielded in a manner that protects adjacent properties from visual impacts and noise levels.

To assist in the interpretation of the above regulations the Planning Department shall maintain a catalog of approved building designs and materials as a reference.

Multi-building or Mixed Use Projects

Prior to issuance of a building permit on a multi-building development, the applicant shall submit plans that demonstrate the use of consistent design elements throughout the project. Subsequent building permits shall conform to the design elements presented.

Multi-building developments shall include prominent focal points, which shall include, but not be limited to architectural structures, art, historical and/or landscape features.  These features shall be located at, or visible from, vehicular and pedestrian entrances to the site.

Free standing garage clusters of multiple family residential sites shall not be placed along the corridor overlay districts unless the overall appearance is similar to the primary residential building.

Site Design

Building and Parking Setbacks

Buildings on sites located at major intersections along the identified corridor (i.e. at intersections with designated future arterial roadways or traffic corridors as identified herein) shall be sited in the corner of the intersection with parking areas in the rear or side yard.

The City Planning Director shall consider all site design proposals with the requirements set forth herein.  In those instances in which a prevailing setback has previously been established, the City Planning Director may require compliance with the prevailing setback rather than the provisions set forth below. 

Natural Features

Significant natural or existing features, such as drainage swales, existing trees, and shelterbelts, shall be incorporated into the site design to the extent that retention of the feature allows reasonable use of the site, as determined by the City Planning Director.

Functional Site Elements

            Trash enclosures and trash compactors shall be located such that they are not visible from the identified corridor. 

            Outdoor storage that does not consist of display of merchandise shall be located such that it is not visible from the identified corridor, by placing the outdoor storage on the opposite side of the building from the identified corridor, or by placing outdoor storage in an enclosed area that has the appearance of being integral to the building.  All outdoor storage shall be fully screened from view through the use of an opaque decorative fencing material or architectural screen walls.

            Loading and delivery areas shall not be located along the front or side of the building that fronts on the identified corridor, unless compliance is not reasonable feasible.  Such areas shall be screened from view through the use of landscaping or architectural building elements that are consistent with the architecture and building materials used in the primary buildings.

            Contractor yards, service yards, heavy equipment, salvage, and items of a similar nature shall be located away from public street frontages and shall be screened with opaque fencing. 

Pedestrian Accommodations for Commercial Projects

            Pedestrian walkways shall be provided between building entrances/exits and parking areas, and within parking areas to provide a designated walking area, especially where there is a need to connect dispersed buildings with parking areas.

            Pedestrian walkways shall be provided between buildings and sidewalks or multi-use paths along adjacent streets.

            On multi-building sites and mixed use sites, the site design shall provide functional pedestrian spaces, plazas, and seating areas between or in front of buildings.  Designs shall include some areas with weather protection, such as overhangs, awnings, and canopies to increase usefulness in a variety of weather conditions.  

            Canopy shade trees, landscape features, and seating, or other pedestrian amenities near colonnades, storefronts, and pedestrian routes shall be incorporated into the site.

Lighting for Commercial Projects

            Pedestrian scale lighting fixtures shall be provided in areas designed for pedestrian activity (walkways, plazas, outdoor seating areas).

            Lighting fixtures shall coordinate and complement the general architectural style of the development.

            Decorative lighting should accent entryways and other site focal points, such as significant architectural, landscaping, or artistic features shall be provided, within the first 100’of private properties ingress/egress along and adjacent to the corridor rights of way for adherence to the decorative lighting requirement. 

Administration

Submittal of plans.  All plans for construction and renovation of structures within the district shall be submitted to the City Planning Director or his designee.  The owner of the property to be constructed upon or renovated, or their authorized agent, shall submit two (2) full sized and to-scale plans and two (2) reduced copies of the necessary drawings to the planning staff.

Appeals

Any applicant may appeal a decision of the City Planning Director on the interpretation of the requirements herein.  The appeal shall be filed with the City PlanningDirector within ten (10) business days following the decision.

The City Planning Director will notify all property owners abutting the subject property prior to the Planning and Zoning Commission taking action on the appeal.   

The applicant or any property owner shall have the right to appeal the decision of the Planning & Zoning Commission to the City Council.

The appeal fee shall be established by the City Commission and included in the City’s Fee Schedule. (Ord. No. 1454§ 1. Ord. No. 1625 § 1.)

Section 39.05.040      West Villard Overlay District – Purpose

The purpose of the West Villard Overlay District is to allow existing residential dwelling units in commercial districts along the designated corridor as described in Section 34.05.041.

(Ord. 1538 § 1)

Section 39.05.041      West Villard Overlay District – Boundaries

The West Villard Overlay District boundary shall be as follows: one block north of Villard Street between State Avenue and 5th Avenue West; and one block south of Villard Street between State Avenue and 8th Avenue West. (Ord. 1538 § 2)

Section 39.05.042      West Villard Overlay District – Application

All residential dwelling units existing on the effective date of this Ordinance shall be considered to be a legally conforming permitted use.  No additional residential dwelling units shall be permitted, unless established prior to the effective date of this Ordinance.  (Ord. 1538 § 3)

            1. If any residential dwelling is damaged more than 75% of the City assessed value in the     district the property shall revert to a commercial use. No additions to existing homes shall   be allowed to exceed 25% of the existing square footage in any combination of additions.       Accessory structures shall be permissible as long as all setbacks and coverage            requirements are met. (Ord. 1625 § 1)

Section 39.05.050      Downtown Overlay District – Purpose

            The purpose of the Downtown Overlay District is to allow existing single-family detached residential dwelling units in commercial districts within a designated overlay district and to allow the conversion of existing single-family structures into nonresidential uses that support existing single-family uses and encourage a walkable downtown with niche retail uses.  This purpose is consistent with the City’s Comprehensive Plan and promotes the City’s Renaissance Zone Development Plan. (Ord. No. 1628 § 1.)

Section 39.05.051      Downtown Overlay District – Boundaries

            The Downtown Overlay District boundary shall be generally located two blocks north of Villard Street between 4th Avenue East and 3rd Avenue East, one block north of Villard Street between 3rd Avenue East and 2nd Avenue East, three blocks north of Villard Street between 2nd Avenue East and 3rd Avenue West; and two block north of Villard Street between 3rd Avenue West and 5th Avenue West.  (Ord. No. 1628 § 1.)

Section 39.05.052      Downtown Overlay District – Application

            All detached single-family residential dwelling units in commercially zoned districts within the Downtown Overlay District existing on the effective date of this Ordinance shall be considered to be lawfully conforming permitted uses. No additional single-family residential dwelling units shall be permitted, unless established prior to the effective date of this Ordinance.  (Ord. No. 1628 § 1.)

Section 39.05.053      Downtown Overlay District – Affected Properties

            The use of the Dickinson Downtown Overlay District shall be restricted to properties located on the Downtown Overlay District map maintained by the Zoning Administrator.  (Ord. No. 1628 § 1.)

Section 39.05.054      Downtown Overlay District – Permitted Uses

Uses permitted in single-family residential structures within the Downtown Dickinson Overlay District shall be limited to either single-family residential and/or the following non-residential uses:

  • Office uses;
  • Civic uses;
  • Personal services;
  • Restaurants,
  • Cocktail lounges;
  • Consumer services;
  • Limited retail services;
  • Pet services;
  • Business support services; and
  • Accessory dwelling units.

(Ord. No. 1628 § 1.)

Section 39.05.055      Downtown Overlay District – Development Standards

It is the intent of the overlay district to allow for the continued use of single-family residential. Development standards for single-family residential uses shall be those of the R-3 residential zoning district.

  1. Development standards of the R3 residential zoning district shall apply. Maximum height shall be restricted to 35 feet.
  2. Existing single-family uses shall meet the minimum residential parking requirement of two (2) off street parking spaces per residence as found in Article 39.09 of this Code.
  3. If a single-family structure within the Overlay District is converted into a commercial use the parking requirements shall be those of the underlying zoning district.
  4. Single-family dwelling units converted to non-residential uses shall conform to all applicable building code and ADA requirements.
  5. The maximum square feet of non-residential uses permitted on site shall be limited to the existing footprint of the residence.
  6. The appearance of the building/dwelling unit shall be clearly residential in nature. No commercial display windows or storefront type of building shall be permitted. No outside display, storage, or use of land is permitted.
  7. If the single-family structure is converted entirely into a nonresidential use a portion of the building may be used as a residents as long as it complies with the accessory dwelling unit requirement in Article 39.06 of this Code,
  8. Specific Standards for Non-Residential Uses in Single-Family Structures
  9. No activities associated with the operations of a business, other than grounds maintenance, shall be permitted in required yards adjacent to residential uses.
  10. Outside lighting shall be restricted to motion-activated security lighting that meets the City’s lighting requirements.
  11. Dumpsters shall be fully enclosed.
  12. Signage shall be as provided in this Code with the following exceptions:
    1. Pole signs and pylon signs shall be prohibited. Ground signs shall be limited to one monument sign with a total square footage of 32 square feet of aggregate sign area and not exceeding eight (8) feet on height.  Billboards, pennants and banners shall be prohibited.
    1. Only one wall sign with a total square footage of eight (8) square feet of aggregate sign area shall be permitted on the front façade of the building.  The color and material of the wall sign shall match the exterior of the building. (Ord. No. 1628 § 1.)

Section 39.05.056      Dickinson Theodore Roosevelt Regional Airport Overlay District.

            The purpose of the overlay district is to provide additional safety and protection to the users of the Dickinson Theodore Roosevelt Regional Airport and to the people who live and work in its vicinity.

            The overlay district provisions apply to any base zoning district set forth in this chapter that exists within the defined overlay area. Uses shall be subject to the provisions of this section and shall be further subject to requirements of the applicable base zoning district.

            This Ordinance is adopted pursuant to the authority conferred by North Dakota Century Code Chapter 2-04. Every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. Accordingly, it is declared:

            That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Dickinson Theodore Roosevelt Regional Airport;

That it is necessary and in the best interest of the public health, safety, and general welfare of the City of Dickinson that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

            That the prevention of these obstructions and incompatible land uses should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.  (Ord. No. 1648 § 1.)

Section 39.05.056.001        Definitions.

As used in this Ordinance, unless the context otherwise requires:

AIRPORT – Dickinson Theodore Roosevelt Regional Airport.

AIRPORT ELEVATION – The highest point of Dickinson Theodore Roosevelt Regional Airport’s usable landing area measured in feet from sea level.  Note: The airport elevation for Dickinson Theodore Roosevelt Regional Airport is the elevation of the Runway 25 end (2,592.2’ feet above mean sea level).

AIRPORT IMAGINARY SURFACES – Those imaginary areas in space which are defined by the Approach Surface, Transitional Surface, Horizontal Surface, and Conical Surface and in which any object extending above these imaginary surfaces is an obstruction.

APPROACH SURFACE – A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the Primary Surface. 

CONICAL SURFACE – A surface extending 20 feet outward for each one foot upward (20:1) for 4,000 feet beginning at the edge of the horizontal surface.

HAZARD TO AIR NAVIGATION – An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEIGHT – For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the attached EXHIBIT A: DICKINSON THEODORE ROOSEVELT REGIONAL AIRPORT HEIGHT RESTRICTION MAP, the datum shall be mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE – A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of Runway 7-25 and swinging arcs of 10,000 feet from the center of each end of Runway 14-32 and connecting the adjacent arcs by lines tangent to those arcs.

NONCONFORMING USE – Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or an amendment thereto.

OBSTRUCTION – Any structure, growth, or other object, including a mobile object, which exceeds a limiting height of this Ordinance.

PERSON – An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PLACE OF PUBLIC ASSEMBLY – Structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, or similar activity.

PRIMARY SURFACE – A surface longitudinally centered on a runway that extends 200 feet beyond each end of that runway.  The width of the Primary Surface is 500 feet for Runway 7-25 and 1,000 feet for Runway 14-32.

RUNWAY – A defined area on an airport prepared for landing and takeoff of aircraft along its length.

RUNWAY 14-32 – An 8,900-foot runway with the following runway end descriptions:

Runway 14: Lat. N 46°48’53.894” Long. W 102°48’57.899” Elev. 2,590.9’

Runway 32: Lat. N 46°47’37.514” Long. W 102°47’54.682” Elev. 2,582.3’

RUNWAY 7-25 – A 4,699-foot runway with the following runway end descriptions:

Runway 7: Lat. N 46°47’46.487” Long. W 102°48’41.996” Elev. 2,571.7’

Runway 25: Lat. N 46°47’54.755” Long. W 102°47’35.537” Elev. 2,592.2’

RUNWAY PROTECTION ZONE (RPZ) – An area off the runway end used to enhance the protection of people and property on the ground.  The RPZ is trapezoidal in shape and centered about the extended runway centerline.  It begins 200 feet beyond the end of the area usable for takeoff or landing.  The RPZ dimensions are functions of the type of aircraft and operations to be conducted on the runway.

STRUCTURE – An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

TRANSITIONAL SURFACES – These surfaces extend seven feet outward for each one foot upward (7:1) beginning on each side of the Primary Surface and extend upward to a height of 150 feet above the airport elevation to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

TREE – Any object of natural growth.

UTILITY RUNWAY – A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY – A runway intended solely for the operation of aircraft using visual approach procedures.  (Ord. No. 1648 § 1.)

Section 39.05.056.002        Airport Height Restrictions Zones.

            Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone.  The height restriction zones described below are shown on the attached EXHIBIT A: DICKINSON THEODORE ROOSEVELT REGIONAL AIRPORT HEIGHT RESTRICTION MAP, consisting of one (1) sheet, which is attached to this Ordinance and made a part hereof. The applicable height restrictions are hereby established for each of the zones in question as follows:

            Utility Runway Approach Zone (Applicable to Runway 7-25): The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. It’s centerline is the continuation of the centerline of the runway. The approach zone slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

            Precision Instrument Runway Approach Zone (Applicable to Runway 14-32):  The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. The Precision Instrument Approach Zone slopes fifty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

            Transitional Zones – For both runways, transitional zones slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation (2,744.8 feet above mean sea level).  In addition, for Runway 14-32 there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

            Horizontal Zone – The horizontal zone is established for visual approach airports by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs.  The horizontal zone is at 150 feet above airport elevation and does not include the approach and transitional zones.

            Conical Zone – Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending outward to a distance of 4,000 feet and to a height of 350 feet above the airport elevation. (Ord. No. 1648 § 1.)

Section 39.05.056.003        Airport Land Use Zones.

In order to carry out the provisions of this Ordinance, there are hereby created and established certain land use zones surrounding the airport. The various zones and their restrictions are hereby established and defined as follows and depicted on the attached EXHIBIT B: DICKINSON THEODORE ROOSEVELT REGIONAL AIRPORT LAND USE MAP, consisting of one (1) sheet, which is attached to this Ordinance and made a part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive limitations. Zone restrictions do not apply to Dickinson Theodore Roosevelt Regional Airport property.

  1. Airport Land Use Zone Descriptions
    1. Zone 1 – Runway Protection Zone
      1. Runway 14:  1,750 feet wide and 6,700 feet long, beginning and centered on a point 200’ beyond the center of the existing Runway 14 end.
      1. Runway 32:  500 feet (start width) x 700 feet (end width) x 1,000 feet (length) trapezoid beginning 200’ beyond the runway end.
      1. Runway 7 & 25:  500 feet (start width) x 700 feet (end width) x 1,000 feet (length) trapezoid beginning 200 feet beyond the runway ends.
    1. Zone 2 – Inner Approach/Departure Zone
      1. Runway 14 & 32:  1,500 feet wide x 6,000 feet long, beginning and centered on the end of the runway.
      1. Runway 7 & 25:  1,500 feet wide x 4,000 feet long, beginning and centered on the end of the runway.
    1. Zone 3 – Inner Turning Zone
      1. The outer boundary of the Inner Turning Zone is constructed by arcs of a 3,500-foot radius from runway ends and connecting the adjacent arcs. The Inner Turning Zone for each runway end is described in the following sections.
      1. Runway 14: Begins at a point on the runway centerline located 3,100 feet prior to the Runway 14 end, then extending outward 30 degrees on either side of the centerline until intersecting the outer boundary described above.
      1. Runway 32, 7 & 25: Begins at points on the runway centerlines located 1,500 feet prior to the runway end, then extending outward 30 degrees on either side of the centerline until intersecting the outer boundary described above.
    1. Zone 4 – Outer Approach/Departure Zone
      1. Runway 14 & 32:  1,000 feet wide x 4,000 feet long, beginning and centered on the end of Zone 2.
      1. Runway 7 & 25:  1,000 feet wide x 3,000 feet long, beginning and centered on the end of Zone 2.
    1. Zone 5a – Inner Traffic Pattern Zone
      1. All Runways: The perimeter of this zone is constructed by arcs of a 3,500-foot radius from runway ends and connecting the adjacent arcs.
    1. Zone 5b – Outer Traffic Pattern Zone
      1. Runway 14 & 32: The perimeter of this zone is constructed by swinging arcs of a 6,000-foot radius from a point on the extended runway centerline 4,000 feet from the runway ends and connecting the adjacent arcs by lines tangent to those arcs.

Runway 7 & 25: The perimeter of this zone is constructed by swinging arcs of a 6,000-foot radius from a point on the extended runway centerline 1,000 feet from the runway ends and connecting the adjacent arcs by lines tangent to those arcs.

  1. Airport Land Use Zone Regulations

            A list of permitted (P) and permitted by special permit (S) uses for the five airport land use zones are provided below. Blank space indicates uses are not permitted.

Use TypesA1A2A3A4A5 aA5 bAdd’l Reg.
Agricultural Uses       
Horticulture PPPPP 
Crop ProductionPPPPPP 
Type I Animal Production SSSSS 
Type II Animal Production     S 
Type III Animal Production     S 
Livestock Sales     S 
        
Residential Uses       
Single-Family Detached SPPPP 
Single-Family Attached SPPPP 
Duplex  SSSP 
Townhouse  SSSP 
Multiple Family  SSSP 
Downtown Residential       
Mobile Home Park       
Mobile Home Subdivision       
Manufactured Housing Residential  SSSP 
Retirement Residential     S 
Home Occupations SSSSS 
Accessory Structure SPPPP 
        
Civic Uses       
Cemetery  PPPP 
Clubs   PPP 
College/ University       
Convalescent Services       
Cultural Services    SS 
Day Care (Family)    SP 
Day Care (Group)       
Detention Facilities       
Emergency Residential  SSSP 
Golf Courses (Public)     S 
Government Offices  SPPP 
Group Care Facility       
Group Home       
Guidance Services       
Hospitals     S 
Health Care     S 
Libraries (Public)       
Maintenance Facilities  PPPP 
Park and Recreation  PPPP 
Postal Facilities  SPPP 
Primary Education       
Public Assembly  SSSS 
Religious Assembly    SS 
Safety Services  SPPP 
Secondary Education       
Sports Facilities, Field, and Arenas (Public)    SSS 
UtilitiesSPPPPP 
        
Office Uses       
General Offices   SPP 
Financial Services    SPP 
Medical Offices    SS 
        
Commercial Uses       
Ag Sales/Services   SPPP 
Auto Rental/Sales   SPPP 
Auto Services   SPPP 
Body Repair   S PPP 
Equipment Rental/Sales  SPPP 
Equipment Repair  SPP P 
Veh. Storage (Short-Term)   PPPP 
Bed and Breakfast    SS 
Business Support Services    PPP 
Business/Trade School    SS 
Campground   SSS 
Cocktail Lounge    PPP 
Commercial Recreation (Indoor)   SSS 
Commercial Recreation (Outdoor)   SSS 
Communication Service    SSS 
Construction Sale/Service   PPP 
Consumer Service    PPP 
Convenience Storage SSSPP 
Crematorium   PPP 
Food Sales (Convenience)    PPP 
Food Sales (Limited)   PPP 
Food Sales (General)   PPP 
Funeral Service   PPP 
Limited Retail Services    PPP 
Gaming Facility    SSS 
General Retail Services    PPP 
Kennels    SSS 
Laundry Services   PPP 
Liquor Sales    PPP 
Lodging    S S 
Personal Improvement   PPP 
Personal Services    PPP 
Pet Services   PPP 
Research Services   SSS 
Residential-Commercial   SSS 
Restaurants (Drive-In)   PPP 
Restaurants (General)    PPP 
Restricted Business       
Stables  SPPP 
Surplus Sales   PPp 
Trade Services   PPP 
Vehicle Storage   PPPP 
Veterinary Services   SSS 
        
Parking Uses       
Off-Street Parking  PPPP 
Parking Structure  PPPP 
        
Industrial Uses       
Custom Manufacturing   SPP P 
Light Industry  P PP P 
General Industry   PP P 
Heavy Industry    SSS 
Oil WellsSSSSSS 
Resource ExtractionSSSSSS 
Salvage Services and Yards, Junk Yards   PPP 
Veh. Storage (Long-term)  PPPPP 
Warehousing (Open) PPPPP 
Warehousing (Closed)  PPPPP 
Construction Yards  PPPP 
Recycling Collection   PPP 
Recycling Processing   PPP 
Grain Elevators       
Petroleum Storage/Sales       
Stockyards       
Toxic Gaseous Storage       
Dairy Plant       
        
Transportation Uses       
Railroad Facilities       
Truck Terminal       
Transportation Terminal       
        
Miscellaneous Uses       
Communications Tower  SSSS 
Amateur Radio Tower  SSSS 
Construction Batch Plant  SPPP 
WECS       
Landfill (Inert)  SSSS 
Landfill (Municipal, Industrial or Special Waste)       
Alternative Energy Production Devices  SSSS 
Motorized Sports  SSSS 

*Note: Provisions of Sections 39.06.008 through 39.06.009 apply to all use types

            Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.  (Ord. No. 1648 § 1.)

Section 39.05.056.004        Nonconforming Uses.

  1. Regulations Not Retroactive – The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which as begun prior to the effective date of this Ordinance, and is diligently prosecuted.
  2. Marking and Lighting – Notwithstanding the preceding provision of this Section, the owner of any existing 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 to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.  (Ord. No. 1648 § 1.)

Section 39.05.056.005        Notification of Proposed Construction or Alteration.

            Federal Regulation Title 14 Part 77 establishes standards and notification requirements for objects affecting navigable airspace.  Notification allows the FAA to identify potential aeronautical hazards in advance thus preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace.  Any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA:

  1. Any construction or alteration exceeding 200 feet above ground level.
  2. Any construction or alteration within 20,000 feet of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.

Persons failing to comply with the provisions of FAR Part 77 are subject to Civil Penalty under Section 902 of the Federal Aviation Act of 1958, as amended and pursuant to 49 U.S.C. Section 46301(a). 

Enforcement of Federal Regulation Title 14 Part 77 does not rest with the City of Dickinson; this section serves as a reminder to persons proposing construction or alterations near Dickinson Theodore Roosevelt Regional Airport of their potential responsibility to notify the FAA. 

  • A sponsor planning on constructing any objects that are within the outlined above criteria is expected to follow the federal requirements. At the time of the adoption of this ordinance, the process required submitting a 7460 Form (NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION) with the Federal Aviation Administration. (Ord. No. 1648 § 1.)

Section 39.05.056.006        Administration and Enforcement.

            Administration and Enforcement of this Overlay District will be performed in accordance with Chapter39 of the Dickinson Municipal Code, with the additional requirement that the Dickinson Municipal Airport Authority shall be consulted regarding the granting of special use permits or variance requests related to this Airport Overlay District.  (Ord. No. 1648 § 1.)

Section 39.05.056.007        Conflicting Regulations.

            Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.  (Ord. No. 1648 § 1.)

Section 39.05.056.008        Severability.

            If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.

(Ord. No. 1648 § 1.)

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