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Dickinson City Zoning Code

ARTICLE IV

- ZONING DISTRICT REGULATIONS GENERALLY

Sec. 62-158. - Purpose.

This article presents the zoning district regulations. Zoning districts are established in this chapter to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.

(Code 1993, § 39.04.001; Ord. No. 1171, § 1)

Sec. 62-159. - Establishment of districts.

(a)

The base districts and overlay districts set forth in this section are hereby established.

(b)

Table 62-162-1 displays the purposes of these districts.

Base Zoning Districts
AbbreviationsDistrict Names
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
AbbreviationsDistrict Names
PUD Planned Unit Development Overlay District
FP/FW Floodplain/Floodway Overlay District
UMO Underground Mine Overlay District
A Agricultural Business Overlay District
—- Corridor District Overlay District
—- West Villard Overlay District
—- Downtown Overlay District
—- Dickinson Theodore Roosevelt Regional Airport Overlay District

 

(Code 1993, § 39.04.002; Ord. No. 1171, § 1)

Sec. 62-160. - Applicability of districts.

(a)

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.

(b)

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.

(Code 1993, § 39.04.003; Ord. No. 1171, § 1)

Sec. 62-161. - 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 62-159, 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.

(Code 1993, § 39.04.004; Ord. No. 1171, § 1)

Sec. 62-162. - Development regulations.

(a)

For each zoning district, purposes are set forth in Table 62-162-1, permitted uses are set forth in Table 62-162-2, and site development regulations are presented in Table 62-162-3.

(b)

Supplemental regulations may affect specific land uses or development regulations in each zoning district. The applicable supplemental regulations are noted in Table 62-162-2.

Table 62-162-1. Purposes of Zoning District

SymbolTitlePurpose
AG Agricultural The 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 City extraterritorial jurisdiction
RR Rural Residential This 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 City 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-1 Low-Density Residential This 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 ensure that density is consistent with the carrying capacity of infrastructure
R-2 Medium-Density Residential This 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 multifamily neighborhoods. Its regulations are intended to minimize traffic congestion and to ensure that density is consistent with the carrying capacity of infrastructure
R-3 High-Density Residential This district is intended to provide locations primarily for multiple-family housing, with supporting and appropriate community facilities. It also permits some nonresidential uses such as offices through a special permit procedure, to permit the development of mixed use neighborhoods
MH Mobile Home Residential This 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
LC Limited Commercial This district reserves appropriately located areas 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
CC Community Commercial This 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
DC Downtown Commercial This 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
GC General Commercial This district accommodates a variety of commercial uses, some of which have significant traffic or visual effects. 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
LI Limited Industrial This 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
GI General Industrial This 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
P Public This district accommodates substantial public institutions or uses. It sets aside areas for conservation, public recreation, and full access public facilities

 

Table 62-162-2. Permitted Uses by Zoning Districts

Use TypesAGRRR-1R-2R-3MHLCCCDC(14)GCLIGIPAdd'l Reg.
Agricultural Uses
Horticulture P P S P P P P P P 62-466(b)(1)
Crop production P P P 62-466(b)(1)
Type I animal production P S 62-466(b)(3)
Type II animal production S
Type III animal production S
Livestock sales S S S
Residential Uses
Single-family detached P P P P P P S
Single-family attached P P P S 62-467(2)
Duplex P P P S
Townhouse P P P S P 62-467(3)
Multiple-family P P S P
Downtown residential P 62-467(4)
Mobile home park S 62-467(5)
Mobile home subdivision S 62-467(6)
Manufactured housing residential P P P P P P S
Retirement residential S S P P S S
Home occupations S S S S S S S 62-471(1)
Accessory structure P P P P P P P P P P P P P Note 7
Accessory dwelling units commercial P P P Note: Subject to approval in accordance with § 62-474(b)
Accessory dwelling units residential P P P P P Note: Subject to approval in accordance with § 62-474(a)
Civic Uses
Cemetery P S S S S
Clubs S S S S S S S P P P 62-468(1)
College/ university P
Convalescent services S S S S S P P P P
Cultural services S S S P P P P P P P P
Day care (family) P P P P P P P P P P S 62-131(7)
Day care (group) S S S S P S P P P P S 62-131(8)
Detention facilities S S S S S
Emergency residential P P P P P P P P P S S
Golf courses (public) S S S S S S P
Government offices P P P P P P
Group care facility S S S S P S P P P P 62-468(3)
Group home P P P P P P P P P P 62-468(3)
Group living facility S S S S S S 62-468(4)
Guidance services P P P P P P P
Hospitals S P P P P S S
Health care S S S P P P P P P S
Libraries (public) P P P P S
Maintenance facilities S S S P P P S
Park and recreation P P P P P P P P P P P P P
Postal facilities P P P P P P P
Primary education S P P P P P P P P S P
Public assembly S S P P P
Religious assembly P P P P P P P P P P S
Columbarium associated with religious assembly (indoor/ outdoor) S S S S S S S S S S S
Safety services P P P P P P P P P P P P P
Secondary education P
Sports facilities, field, and arenas (public) P
Utilities S S S S S S S P P P P P S
Office Uses
General offices S S P P P P P P
Financial services S P P P P P P
Medical offices S P P P P P S
Commercial Uses
Ag sales/services S S P P P
Auto rental/sales S S P 62-469(3)
Auto services S P S P P P 62-469(1), (2)
Body repair S P P P 62-469(1)
Equipment rental/sales P P P 62-469(3)
Equipment repair P P P 62-469(1)
Vehicle storage (short-term) P P P
Bed and breakfast P S S P P P P P 62-469(4)
Business support services P P P P P P
Business/trade school P P P P
Campground S S S
Cocktail lounge P P P
Commercial recreation (indoor) S S P P P P
Commercial recreation (outdoor) S S P P P S
Communication service P P P P P P
Construction sale/service S P P P
Consumer service P P P P P
Convenience storage S S S S S S P P 62-469(6)
Crematorium S S P
Microbrewery pub and distillery P P P
Food sales (convenience) S P P P P P
Food sales (limited) P P P P
Food sales (general) S P P P
Funeral service S P P P
Columbarium (outdoor) S S S S
Limited retail services P P P P
Gaming facility S S P
General retail services P P P
Kennels P S S P P
Laundry services S S P P P
Liquor sales S P P P P
Lodging P P P S
Personal improvement S P P P P P P
Personal services S P P P P P P
Pet day care P S S S S P P P P P P 62-476(b)
Pet services S P P P P
Research services P P P P P P
Residential-commercial P P P P
Restaurants (drive-in) S P S P S S
Restaurants (generally) P P P P P S S
Stables P S S
Surplus sales S S P P
Trade services S P S P P
Veterinary services S S S S S P P
Parking Uses
Off-street parking S S S S S P P P P
Parking structure S S S P
Industrial Uses
Adult entertainment center S S Ch. 30, Art. III
Custom manufacturing S S P P P
Light industry P P
General industry P
Heavy industry S
Oil wells P P 16-166
Resource extraction P P 16-166
Salvage services and yards, junk yards P 62-470(a)(1)
Vehicle storage (long-term) P P
Warehousing (open) P P
Warehousing (closed) S P P P
Construction yards S P P
Recycling collection S P P P
Recycling processing P P
Grain elevators S
Petroleum storage/sales S S
Stockyards S S
Toxic gaseous storage S S Note 9
Dairy plant S S P
Transportation Uses
Aviation P P
Railroad facilities S S S P P
Truck terminal S S P
Transportation terminal S S S S P P
Miscellaneous Uses
Communications tower S S S S S S S S S S
Amateur radio tower P P P P P P P P P P P P
Construction batch plant S P
WECs P P S S S S S S S S S P
Landfill (inert) S S S
Landfill (municipal, industrial or special waste) S S
Alternative energy production devices P P S S S S S S S P
Motorized sports S S S Note 10

 

*Note: Provisions of Sections 62-471 and 62-472 apply to all use types.

P = Uses permitted by right

S = Uses permitted by special permit

Blank = Use not permitted

Table 62-162-3a. Summary of Site Development Regulations

RegulatorAGRRR-1R-2R-3*
Minimum lot area (square feet) 10 acres 1 acre (Note 1)* 7,500 7,000 7,000
Minimum lot width (feet) 300 100
Single-family detached 60 50 50
Single-family attached 45 45 45
Other residential 60 75 (Note 3) 75 (Note 3)
Site area per housing unit (square feet)
Single-family detached 5 acres 1 acre 7,500 7,000 7,000
Single-family attached 4,000 4,000
Duplex 10,000 10,000
Townhouse or multifamily 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 multifamily unit over 4 units 7,000 for the first unit, 3,000 for the next three units and 1,000 thereafter
Retirement residential (Note 10) (Note 10) (Note 10) (Note 10)
Front yard arterial streets 50 40 25 25 25
Other streets 50 40 25 25 25
Street side yard 15 15 15 15 15
Interior side yard 15 15 6 6 (Note 2) 6 (Note 2)
Rear yard 50 25 20 20 (Note 5) 20 (Note 5)
Maximum height (feet) 40 40 SUP in excess of 65 feet 60
Maximum building coverage NA 25 percent 40 percent 60 percent 70 percent
Maximum impervious coverage NA 35 percent 50 percent 65 percent 75 percent
Floor area ratio NA NA NA NA

 

Notes accompanying this table appear after Table 62-162-3c.

Table 62-162-3b. Summary of Site Development Regulations

RegulatorMHLC*CC*DCGC*
Minimum lot area (square feet) 5,000 12,000 None 12,000
Minimum lot width (feet) 50 100 NA 100
Site area per housing unit (square feet) Same as R-3 NA 500 NA
Minimum yards (feet)
Front yard 20 20 0 20
Street side yard 20 10 0 10
Interior side yard 10 0 0 0
Rear yard 20 0 0 0
Maximum height (feet) 40 40 SUP in excess of 65 feet 60
Maximum building coverage 50 percent 60 percent 100 percent 70 percent
Maximum impervious coverage 70 percent (Note 10) 80 percent 100 percent (Note 10) 90 percent

 

*Uses in the R-3, LC, CC, GC, LI, and GI Districts are subject to landscape and screening provisions contained in Article VIII of this chapter.

Table 62-162-3c. Summary of Site Development Regulations

RegulatorLI*GI*P*(Note 15, Note 16)
Minimum lot area (square feet) 10,000 10,000 NA
Minimum lot width (feet) 100 100 NA
Site area per housing unit (square feet) NA NA NA
Minimum yards (feet)
Front yard 20 20 None except when abutting a residential zoning district; in which case the front yard setback to a building or parking area shall be the required setback of the abutting residential district
Street side yard 20 20 None except when abutting a residential zoning district; in which case the side yard setback to a building or parking area is 10 feet. The required side yard setback shall be increased by one-half foot for each foot that the structure exceeds 20 feet in height
Interior side yard 10 10 None except when abutting a residential zoning district; in which case the side yard setback to a building or parking area is 10 feet. The required side yard setback shall be increased by one-half foot for each foot that the structure exceeds 20 feet in height
Rear yard 20 20 None except when abutting a residential zoning district; in which case the rear yard setback to a building or parking area is 10 feet. The required rear yard setback shall be increased by one-half foot for each foot that the structure exceeds 20 feet in height
Maximum height (feet) SUP in excess of 60 feet SUP in excess of 60 feet 45 feet if abutting a zoning district with a maximum height of 45 feet or less. If the abutting zoning district allows buildings taller than 45 feet, the height of the abutting zone may be applied in the public zoning district. If a setback of 100 feet can be provided, the building height may be a maximum of 65 feet. Building heights greater than 65 feet require approval of a special use permit
Maximum building coverage 70 percent 85 percent 70 percent
Maximum impervious coverage 90 percent 100 percent 90 percent
Floor area ratio 1.0 2.0

 

*Uses in the R-3, LC, CC, GC, LI, GI and P Districts are subject to landscape and screening provisions contained in Article VIII of this chapter.

Notes to Tables 62-162-2 and 62-162-3.

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 four feet for any building over 24 feet in height. See Section 62-467 for supplemental regulations governing single-family attached and townhouse residential use types.

Note 3: See Section 62-467 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 ten 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 1,800 and for a maximum of three detached structures for the first one acre or less. The total area of all accessory buildings may be increased by 70 square feet for each additional one-tenth acre of land area above one acre. 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 two miles of any residential subdivision or within one 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:

(1) Adequate direct road access to the site is provided with such access designed to minimize traffic congestion; and

(2) Sufficient off-street parking areas are provided in conformance with Article IX of this chapter, Table 62-589-1; and

(3) The site is located at least one mile from any residentially zoned area.

Note 10: Density for retirement residential is 7,000 square feet for four 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 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 horizontal feet for every one foot in height exceeding the maximum height of the structure in residential districts.

Note 13: Accessory structures larger than 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.

Note 15: In addition to the off street parking requirements in Article IX of this chapter, parking and loading areas in the P zoning district abutting or directly across the street from a residential zoning district shall be set back the minimum front yard setback of the adjacent residential district.

Note 16: All service, repair, processing or storage on property abutting or across the street from a residential zoning district shall be contained wholly within an enclosed building unless screened from residential zoning by a site-obstructing fence or wall.

(Code 1993, § 39.04.005; Ord. No. 1171, § 1; Ord. No. 1205, § 1; Ord. No. 1225, § 2; Ord. No. 1235, § 1, 2; Ord. No. 1244, § 3; Ord. No. 1423, § 4; Ord. No. 1437, § 4; Ord. No. 1475, § 1; Ord. No. 1604, § 3; Ord. No. 1610, § 3; Ord. No. 1643, § 1; Ord. No. 1650, § 3; Ord. No. 1706, § 3; Ord. No. 1707, § 3; Ord. No. 1727, § 3; Ord. No. 1742, § 4; Ord. No. 1798, § 8, 6-4-2024; Ord. No. 1809, § 1, 9-3-2024; Ord. No. 1825, § 1, 8-5-2025; Ord. No. 1831, § 3, 10-7-2025; Ord. No. 1834, § 2, 10-21-2025)