The supplemental site development regulations recognize the existence of special conditions that cannot comply literally with the site development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this chapter and provide for specific areas of exception.

(Code 1993, § 39.07.001; Ord. No. 1171, § 1)

(a)

Exceptions to openness of required yards. Every part of a required yard shall be open and unobstructed from finished grade upward, except as specified herein.

(1)

Common architectural projections, including roofs which cover porches, enclosed porches, windowsills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project up to six feet into a required yard, excluding the front yard, in the R-2, R-3, Commercial, and Industrial Districts.

(2)

Terraces, patios, uncovered decks, steps, and ornamental features may project ten feet into a required yard. However, all such projections must be set back at least three feet from an adjacent side lot line; or ten feet from the property line bordering an arterial or collector street.

(3)

Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

(4)

For buildings constructed upon a front property line, a cornice, defined as an ornamental horizontal projection at the top of a building, may project into public right-of-way. Maximum projection is four feet into the right-of way width.

(5)

Accessory buildings are subject to all site development regulations of its zoning district, except as provided below:

a.

Side yards. An accessory building may be located a minimum of three feet from the side lot line of the property.

b.

Front yards. No accessory building may be located between the front building line of the principal building and the front property line, except for residential buildings equal to or greater than three units per building in the R-3 District.

c.

Rear yard. The minimum rear yard setback for accessory buildings shall be three feet. This minimum rear yard setback shall be increased to 20 feet if the accessory building requires perpendicular vehicular access from an alley. Double-frontage lots shall require front-yard setbacks along both street frontages as set forth in Table 62-162-3. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.

d.

Street yards. No accessory building shall be located within 15 feet from any street right-of-way line. If the accessory building requires vehicular access, it shall be located a minimum of 20 feet from any street right-of-way line.

e.

Maximum size. All buildings on a site, taken together, must comply with the building coverage requirements for the zoning district.

f.

Attached accessory buildings. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district.

(6)

No accessory building shall be built or placed upon any lot until construction of the principal building has begun.

(7)

Perpendicular multifamily garages and garages from other structures shall be required to be separated by a minimum of 30 feet.

(8)

Lamp posts with a maximum height of ten feet, and flag poles up to maximum height of base district may be located within required yards, provided they are set back at least five feet from property lines.

(b)

Setback adjustments; corner lots. Required setbacks shall not reduce the buildable width of any corner lot to less than 24 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.

(c)

Antennas.

(1)

Antennas with a surface area over 6.3 square feet and which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.

(2)

Such antennas shall be located no less than 15 feet from the property line of an adjacent property within a residential zoning district.

(d)

Vision clearance zones. No structure, including a fence, shall be built to a height of more than 32 inches above the established curb grade on the part of the lot bounded by the inside lines of the sidewalk parallel to the lines of the streets or alleys which intersect, or driveways backing onto a public street, and a line connecting a point on each of such lines 30 feet from their point of intersection. No such structure may be built upon street rights-of-way. No landscaping shall be planted in such area which will materially obstruct the view of drivers approaching the street intersection.

(Code 1993, § 39.07.002; Ord. No. 1171, § 1; Ord. No. 1423, § 2; Ord. No. 1565, § 1)

These provisions allow exceptions to the height limit of any zoning district in certain situations, as follows:

(1)

Vertical Projections. Chimney's cooling towers, building mechanical equipment, elevator bulkheads, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding 25 percent of total roof area, flag poles, stage towers or scenery lofts, architectural treatments, including, but not limited to, parapets and tower not to exceed ten feet, and water towers may be built to any height in accordance with existing ordinances.

(2)

Amateur radio towers and Federal Communications Commission pronouncements.

a.

Radio towers, antennas and other appurtenances operated by licensed amateur radio operators, where permitted and when, may not exceed 75 feet in height. This height has been determined by the City to reasonably accommodate amateur service communications, and further represents the minimum practicable regulation to accomplish legitimate municipal land use regulation purpose, as recognized under published guidelines of the Federal Communications Commission.

b.

Special instances may require that amateur radio tower heights exceed 75 feet to achieve effective and reliable communications. In such cases, the Board of City Commissioners may grant a special use permit to a licensed amateur radio operator for a specified tower height that exceeds 75 feet. In determining whether to grant such permission, the Board of City Commissioners shall consider the federal guidelines contained in PRB-1 (Amateur Radio Pre-emption), 101 FCC 2d (1985); codified at CFR 97.15(e).

c.

Such radio towers shall not be located within any front yard of the primary use.

(3)

Broadcast towers. Broadcast towers, when operated by a federally-licensed commercial or nonprofit organization, may be built to any height in accordance with existing and future ordinances. This exception does not apply to radio towers, antennas and other appurtenances operated by licensed amateur radio operators.

(4)

Civic buildings. Buildings housing civic use may exceed height limits for the zoning district. Such buildings located in residential districts shall be set back one foot in addition to required setbacks from each property line for each foot of height over the maximum height of the zoning district.

(5)

Wind energy conservation systems (WECS).

a.

The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a special permit approval if the Planning Commission finds that the reduction is consistent with public health, safety, and welfare.

b.

The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a special permit approval if the Planning Commission finds that the reduction does not impede the operation of either WECS.

c.

The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

d.

A fence six feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than 12 feet above ground.

e.

The WECS is exempt from the height restrictions of the base district.

(6)

Special permit uses. The Board of City Commissioners with the recommendation of the Planning Commission may grant an exception from the height limit for a zoning district for a special permit use, as part of its approval of that use. The limit or extent of this exception shall be a specific part of the special use permit.

(7)

Federal Aviation Administration Rules. No structure may be built in any zoning district which exceeds the maximum height permitted under the rules of the Federal Aviation Administration. These rules describe the glide angles and operational patterns for any airport within the planning jurisdiction of the City.

(Code 1993, § 39.07.003; Ord. No. 1171, § 1; Ord. No. 1490, § 1; Ord. No. 1604, § 7)

(a)

Permit required. No fence shall be erected, moved, added to, or structurally altered without a fence permit obtained from the City.

(b)

Location restriction. Unless otherwise provided by this title or other sections of the Dickinson Municipal Code, no fence shall be built on any lot or tract outside the surveyed lot lines, or tract outside the surveyed lot lines.

(c)

Sight obstruction. No solid fence permitted or required by this title or other sections of the Dickinson Municipal Code shall be built in any manner which creates a traffic hazard or obstructs visibility. Vision clearance zones set forth by Section 62-530(d) shall be maintained.

(d)

Residential fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions.

(1)

Height: The maximum height of a fence within a required front yard or street side yard setback shall be four feet. The maximum height for any fence outside of a required front yard shall be 6.5 feet. Fences on corner and double frontage lots must have a front yard and street setback, as determined by the Building Official or his/her designee.

(2)

Materials: Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials only. Barbed wire an/or electrified fences are not permitted, and are defined as any fence that includes in its material barbs, razors, electric current or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence.

(e)

Other fences. Fences constructed in commercial and industrial districts are subject to the following special provisions.

(1)

The maximum height of a fence for any permitted use in any nonresidential zoning district shall be 6.5 feet.

(2)

Civic uses in residential districts: The maximum height of fences installed as part of primary and secondary educational facilities or park and recreation use types within residential zoning districts shall be eight feet.

(3)

The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City of Dickinson.

(4)

Barbed wire may be used in the construction of perimeter security fencing in an industrial district or for municipal facilities provided that the bottom strand of the wire shall be at least six feet above ground level. Barbed wire may be constructed for agricultural purposes in an AG district. Electrified fences are permitted only within the AG zoning district.

(f)

Existing fences. Any existing fence lawfully built before the effective date of this section may remain in place without change. Any replacement or change of such fence shall meet the requirements of this section.

(Code 1993, § 39.07.005; Ord. No. 1171, § 1; Ord. No. 1604, § 9; Ord. No. 1808, § 1, 9-3-2024)

(a)

Purpose. The purpose of the DC District is to preserve and enhance the mixed-use, pedestrian-oriented nature of the City's downtown area. The district allows a wide range of mutually supportive uses in order to enhance the downtown City's role as a commercial, cultural, governmental, health or medical, entertainment and residential center. The district standards also facilitate the creation of a strong and distinctive sense of place through the inclusion of open space and public plazas. The use of design standards will maintain the historical integrity, enhance the quality of design, and preserve the human-scale development of downtown.

(b)

Uses. Uses are allowed in the DC District in accordance with Table 62-162-2 of Article IV of this chapter.

(c)

Dimensional standards. Commercial development within the DC District is subject to the following dimensional standards:

(1)

Front yard setback. There is no minimum front yard setback. The maximum front yard setback for all new construction shall be five feet. Structures constructed on a corner shall be subject to the vision clearance zone requirements as they appear in Section 62-530. If the development site is between two existing buildings which are both set back from the front property line, the front yard setback may not exceed the average setback of the adjoining buildings. In no case shall a setback greater than 15 feet be allowed. Consideration shall be given to privately owned spaces that are designed to provide space for public seating, public events, public displays, public gatherings and public performance. The area must be landscaped and incorporate streetscape elements.

(2)

Side yard setback. There is no minimum side yard setback, unless the side property line abuts residentially-zoned property, in which case the minimum side yard setback shall be six feet. Structures constructed on a corner shall be subject to the vision clearance zone requirements as they appear in Section 62-530.

(3)

Rear yard setback. There is no minimum rear yard setback, unless the rear property line abuts residentially-zoned property, in which case the minimum rear yard setback shall be ten feet. Structures constructed on a corner shall be subject to the vision clearance zone requirements as they appear in Section 62-530.

(4)

Height. The minimum height for new construction is 20 feet. The maximum height in the DC District is 65 feet unless a special use permit is granted in accordance with Article II, Division 1, of this chapter.

(d)

Design standards. All development within the DC District is subject to the following design standards:

(1)

Intent. The intent of the design standards is to create and maintain a high visual quality and appearance for the DC District. The regulations are also intended to ensure that new buildings, building additions, façade alterations, building rehabilitations, and signage are compatible with or improve the character of the DC District, fit into their surroundings, and blend in with the historic character of the area. It is also the intent of these regulations to stimulate and protect public and private investment through the establishment of high standards with respect to architectural design, building materials, and appearance, and to support the preservation of historically significant buildings.

(2)

Review and approval. All new buildings, building additions, façade alterations (both structural and non-structural), demolition of existing buildings, signage, streetscape installation or modification, fences, lighting and improvements within the public right-of-way within the DC District shall be subject to the City's downtown design review procedures and shall adhere to existing lighting and tree planting plans. An administrative decision by the City Planning Director regarding the proposed design may be appealed to the City's Planning Commission subject to standard hearing procedures. Any decision of the Planning Commission regarding design standards may be appealed to the Board of City Commissioners.

(3)

Remodeling of historically significant buildings. Any building listed on the National Register of Historic Places, identified as being individually eligible for listing on the National Register or identified in the Local Landmark Program, historic district, or any subsequent inventory and evaluation, is considered to be a historically significant building. For any building not identified above that is more than 50 years old, a determination shall be made by the Planning Director on a case-by-case basis as to whether or not the building is historically significant. Projects involving the remodeling, renovation or rehabilitation of existing historically significant buildings should generally reflect the original architectural character of the building. The introduction of any new design elements should be consistent with the traditional features of the building. The rehabilitation of existing historically significant buildings is encouraged to be in accordance with the Secretary of the Interior's Standards for Rehabilitation.

(4)

New construction. Projects involving new construction shall consider the context of the site and be compatible with the general historic character of the downtown area. While new buildings are required to fit into their surroundings, the City will not require complete uniformity of design or dictate specific architectural styles. The overall context of the downtown area includes a variety of architectural styles and these regulations are intended to allow both flexibility and creativity in achieving compatible design solutions while preserving similar façades, with similar building materials, complementing the historic character of the downtown.

(5)

Building materials.

a.

For new construction, all walls visible from any street shall be primarily faced with architectural materials such as brick, stone, glass, exterior insulation finish insulation systems, or an equivalent or better. The use of plain surface concrete block and/or simple metal siding shall be prohibited (i.e., the surface must be dimensional). The use of typical residential exterior materials shall be prohibited (i.e., residential grade vinyl siding, residential grade steel siding, composite brick). Non-transparent mirrored or one-way glass with a reflectance greater than 40 percent shall be prohibited from covering more than 40 percent of the exterior walls. When remodeling all original door and window cut outs shall be used to preserve the building's historic character.

b.

All subsequent renovations, additions and related structures undertaken after the construction of an original building shall be finished with materials comparable to those used in the original construction and shall be designed in a manner conforming to the original architectural design and general appearance. For existing historically significant buildings, the sheathing or installation of another material over the façade or any wall visible from any street shall be prohibited unless deemed necessary to preserve the structural integrity of the building.

(6)

Building colors. In order to maintain a sense of harmony within the DC District, color schemes used should complement the predominant hues of adjoining established and occupied buildings. Color schemes should generally be simple, using the minimum number of colors necessary to accentuate architectural features. Earth tone colors are the preferred building colors within the DC District. The use of extremely bright hues should generally be limited to smaller accent features of the building. Repainting projects which do not substantially change the existing color scheme are not subject to the building color criteria.

(7)

Alignment. New infill development in the DC District shall maintain the zero setback and the alignment of adjoining façades at the property line.

(8)

Width. New buildings shall reflect the existing characteristic rhythm of façades along the street. New construction on multiple lots, including parking ramps, should respect this pattern by designing the pattern of adjacent façade widths into the new façade.

(9)

Horizontal rhythms. New development shall maintain the alignment of building windows, cornices, and rooflines that dominate the block on which it will be constructed. Character and scale shall be compatible with surrounding structures through the use of materials, detailing and window placement. A clear visual division between the street level and upper floors shall also be maintained. Canopies and awnings consistent with the architectural style of the building are encouraged to accentuate the street level relationship between the building and streetscape and to provide protection for pedestrians as long as it does not conflict with existing or planned tree or lighting expansions in the public right-of-way.

(10)

Entrances. Main entrances to buildings shall face and be clearly visible from the street, and be recessed to maintain a coherent pattern along the sidewalk and to define the entry point. Recessed entrances shall allow operation of the doors without the doors extending beyond the property line into the public right-of-way. Secondary alley access shall be utilized whenever possible.

(11)

Windows. Ground floor windows shall be transparent. The original size, shape and proportion of all windows on existing historically significant buildings shall be preserved and/or restored. For new nonresidential buildings, a minimum of 50 percent of first floor façades fronting the street shall be windows, doors and other transparent elements. In order to preserve the character of existing historically significant buildings, it is not the intent of this provision to require windows to be installed where none existed in the original design. However, if the exterior of an existing historically significant building is being remodeled, renovated or rehabilitated, the size, shape and proportion of the original window openings shall be restored or maintained. Replacement windows shall generally conform to the style and color of the original windows used in the building, with wood or prefinished aluminum as the finish material. White framed windows shall be discouraged unless it is part of the historical existing structure.

(12)

Rooftop equipment. Rooftop equipment shall be screened from ground level views with parapet walls or enclosures similar in form, material and detail to the façade of the primary structure.

(13)

Vacant buildings. Vacant and abandoned buildings shall be made to appear inhabited. Boarding up windows in vacant or abandoned buildings shall be prohibited. The placement of displays of building renovations, downtown renovations, and upcoming events is encouraged.

(14)

Demolition and vacant lots. Any demolition shall be in accordance with the provisions of Chapter 8. Any lots left vacant after demolition shall be treated to control fugitive dust. If the lot is to remain vacant for more than 60 days, said lot shall be landscaped, mulched and seeded or sodded to establish a perennial vegetative grass cover. The lot shall be maintained and kept free of debris and litter by the property owner.

(15)

Exposed common walls. If common walls are exposed due to demolition of adjoining buildings, the walls shall be treated to ensure that the walls do not become a visual eyesore and/or create a nuisance. The treatment may be temporary or permanent depending on the potential for redevelopment of adjoining parcels. Temporary alternative treatments include masonry paint or vines. Permanent alternative treatments include architectural treatment that is similar to the front façade of the building or stucco. The wall treatment shall be in place within 180 days of the date of demolition, unless a longer period is authorized at the time of approval of the demolition plans, and shall be the financial responsibility of the owner of the property upon which the demolished building was located.

(16)

Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the provisions of Article IX of this chapter.

(17)

Landscaping and screening and other decorative features. New construction and major remodeling, renovation or rehabilitation projects shall be subject to the requirements of Article IX of this chapter, including the installation of street trees and lighting if required. If decorative fencing, decorative lighting and any other streetscape elements are required or proposed, they shall be consistent with the City's lighting and urban forestry plans or complementary to any downtown streetscape that has already been installed.

(18)

Signage. All signage in the DC District shall be installed and maintained in accordance with the provisions of this chapter and Chapter 60. Canopies used for signage shall be consistent with the architectural style of the building and shall not interfere with the City lighting and tree planting downtown. Off-premises signs shall not be permitted within the DC District.

(Code 1993, § 39.07.0055; Ord. No. 1650, § 1)

Denial, revocations, or cancellations of a building permit based on the provisions of this section may be appealed to the Board of Adjustment, as set forth in Sections 62-60 through 62-62. Notwithstanding the foregoing, appeals of administrative decisions regarding proposed design in the DC District shall follow the process found in Section 62-533.

(Code 1993, § 39.07.006; Ord. No. 1171, § 1; Ord. No. 1650, § 4)