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This paper discusses several approaches that can be used by chemists to design safer chemical substances. Theses approaches include: reducing absorption; understanding toxic mechanisms; using structure-activity relationships, retrometabolism, and isosterism; eliminating the need for associated toxic substances; and identifying equally useful, less toxic substitutes of another chemical class. Specific examples of the successful commercial application of these approaches are presented.

This paper provides chemists with a strategic framework for the rational design of safer chemicals from the standpoint of pollution prevention and green chemistry. Office of Pollution Prevention and Toxics, U. More by Stephen C. Designing Safer Chemicals. Permanent deck displacements due to inelastic behavior specified at deck level for both SEE and FEE events mm and 50 mm, respectively. Deck hinge beams to be proportioned for forces and displacements calculated by the time- history analyses.

Project 9. Project Definition of limiting damage levels. No detailed description in provided criteria for component strain limits. However, this is not standard terminology. While there are a few variations on the basic practices, the criteria identify the following basic elements of current engineering practice for non-conventional bridges: 1. All project criteria provide for a limited ductility design basis.

All projects in moderate and high seismic zones provide for repairable damage at the safety- level seismic event. Most criteria call for design for both a functional and a safety-level event. Most criteria establish allowable strain levels to establish acceptance for each limit state. All project criteria for bridges in moderate and high seismic zones require design based on a nonlinear time-history analysis.

Most U. One criteria document was obtained for a moderate seismic region see Project One cri- teria document was also obtained for a low seismic region see Project 6 , which illustrates how the AASHTO BDS is applied for seismic design where seismic does not control lateral forces. The use of elastic seismic forces in a force-based design is used without applying capacity design provisions; however, pushover analysis was performed to determine the limiting lateral force mechanism for the structural system.

For these elastic seismic design cases, lateral force demands such as vessel impact and wind are similar to or greater than the level of elastic seismic forces based on the AASHTO BDS criteria. A full ductility design is not applied in these cases, since it would result in significant increase in foundation and other related costs without any com- mensurate benefit in life safety. The project-specific criteria address the basis for limited ductility design, which is a local and global bending design basis.

Detailing for confinement, shear design, and minimum reinforcing requirements all are drawn from the AASHTO BDS and Guide Spec, and as such follow the design basis for shear and confinement as applied to conventional bridges. This point is described in more detail as it relates to the approach to capacity protection for non-conventional bridges.

Table 6 summarizes the project-specific criteria for non-conventional bridges drawn from the criteria documents in this section. There are variations within the current engineering practice as to how some of these criteria are implemented. The major items are described in the following sections. Other criteria documents obtained from high seismic zone locations have simi- lar performance measures.

The criteria reference the limit-state capacity protection concept through differential strain limitations for capacity protected elements based on a demand dis- placement check rather than a singular plastic column criterion the bridge in Table 7 included a shear-linked tower This approach to capacity protection is employed to assess strain- based damage levels associated with limited ductility design. In the high seismic regions of California, the dominance of ground motion for lateral forces and foundation design gener- ally removes the issue of competing demands that can occur in regions of lower seismicity.

In regions with moderate and lower seismic demand, competing lateral force demands can factor. State of Practice Based on Project Criteria 17 into the performance measures, and may control design requirements. However, application of a demand displacement-based capacity check eliminates the conflict that otherwise can occur with the single limit-state criterion. Means by Which Nonlinearity Is Considered The details of nonlinear analysis vary with the specific project criteria, the characteristics of the structure type, and the differing standards of practice among engineers.

The procedures for nonlinear analysis vary according to the degree of detail needed to address the performance requirements established for a project. In those cases where performance requirements are descriptive damage states, the nonlinear material model is sometimes limited to iterative defi- nitions of effective stiffness or local moment-curvature definitions at assigned inelastic zones within the structural model.

In those projects with defined allowable strain limits for perfor- mance limit states, material models will be based on full moment-curvature-axial interaction definitions for nonlinear section response, either over the full extent of major members or at assigned hinge locations. In both cases, the nonlinear analyses incorporate geometric nonlinear- ity, which for some non-conventional bridges influence review for drift criteria of towers and long-span arches.

For non-conventional bridges on deep foundations, particularly those in riparian and marine environments, foundation modeling for nonlinear analysis represents a significant effort and source of variability in the design process. In several of the bridges in the criteria review, a full dis- cretized foundation model of piles was included for soil structure interaction. Sufficient models exist for liquefied and non-liquefied soil conditions. However, the triggering mechanisms to Item Typical Project-Specific Criteria Seismicity Characterization In regions of high seismicity, the typical project-specific ground motions are based on a probabilistic site hazard analysis, with a suite of motions to address multiple sources for each level of ground motion functional and safety events Typical Design Standard Design is based on damage limit states that apply to both ductile and protected elements within the structure, based on either a general description of the target damage levels moderate, repairable, or significant or on quantitative strain limits that are assigned to these same damage limit states.

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Nonlinear, inelastic dynamic analysis is used to determine compliance with strain-based performance standards. Member Protection Protocol The separation of ductile element design from protected element design is achieved through a separation of allowable strains at each damage limit state so that at the given performance limit state, the ductility level associated with the damage state is limited to the members and elements selected for ductile behavior, and the protected elements experience low or essentially elastic strain demands.

Ground Motion Definition Spectrally matched ground motion time histories are typically developed for both functional- and safety- level events. Site Class Definition geotechnical characterization Project-specific site characterization does not follow conventional bridge standards, since the specific soil characteristics are modeled for the soil-structure interaction analysis.

Analysis Type Nonlinear time history for force and displacement. Deep Foundation Modeling Discrete foundation modeling with nonlinear soil springs [or as determined from finite element analysis FEA models ], ground motion input with depth, and radiational damping. Table 6. Summary of criteria for non-conventional bridge seismic design. The general practice today is to bracket the liquefied and non-liquefied conditions when assessing compliance with performance criteria.

The discretization and data management needed for tracking strain time history in a non linear regime is considerably more involved than for the more general structural analysis. The distribu- tion of inelastic response is a product of the analysis, and the concurrent forces associated with member response are tracked in the time domain and post-processed back through the associated moment-curvature section definitions to report element strains. Typical uses include body and fender shops, painting shops, and other similar repair or refinishing garages. Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

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. 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. 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. 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. 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.

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

12222 Ordinances

The preponderance of activities occur outside of enclosed structures. Typical uses include driving ranges, commercial race tracks, and drive-in theaters. 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.

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. 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. 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. An establishment containing a furnace for the purpose of reducing human or animal bodies or remains to ashes by burning. 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. Typical uses include delicatessens, meat markets, retail bakeries, candy shops, small grocery stores. Typical uses include supermarkets. 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. 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.

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:. Typical establishments provide for specialty retailing or retailing oriented to Dickinson and a local market. Typical establishments provide for general purpose retailing oriented to Dickinson and its immediate vicinity. 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. 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. 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. Typical uses include hotels, apartment hotels, and motels. A microbrewery pub shall be defined as a brewer that brews 10, 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. 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.

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. 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.

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. 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. 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. 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.

Typical uses include cafes, coffee shops, and restaurants. 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. 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. Establishments or places of business primarily engaged in the provision of services that are not retail or primarily dedicated to walk-in clientele.

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

Industrial use types include the on-site extraction or production of goods by non-agricultural methods, and the storage and distribution of products. Establishments housing facilities of businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites. 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. 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. 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. 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.

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.

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.

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. 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.

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. 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. Long-term storage of operating or non-operating vehicles for a period exceeding 21 days. Long-term storage of 21 days or less constitutes a Commercial Use Type. 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.

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Uses including open air storage, distribution, and handling of goods and materials. Typical uses include monument yards, materials yards, open storage. 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. 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.

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Facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express, including bus terminals, railroad stations, public transit facilities. A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. 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. 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. A structure s for the transmission or broadcasting of electromagnetic signals by FCC-licensed Amateur Radio operators.

A temporary demountable facility used for the manufacturing of cement, concrete, asphalt, or other paving materials intended for specific construction projects. Any device which converts wind energy to a form of usable energy, including wind charges, windmills, or wind turbines. 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. Typical disposal material would include non-putrescible wastes; and putrescible wastes such as vegetation, tree parts, agricultural wastes garbage and manure. 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 feet of another Pet Day Care, or within 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 in Section Section 3: That Section 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 of Section 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. The following base districts and overlay districts are hereby established. Table displays the purposes of these 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. 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 The Overlay Districts shall not be included in this reference. Supplemental Regulations may affect specific land uses or development regulations in each zoning district.

The applicable Supplemental Regulations are noted in Table Notes to Preceding Pages: Tables and Rural Residential development situated within one of the designated rural development areas of the Comprehensive Plan may occur on minimum lot sizes below 1. Six feet for single-story construction, one foot for each 4 feet for any building over 24 feet in height.

See Section The 3, square feet per townhouse unit applies for up to 10 units in townhouse developments in the R-2 district. All allowable accessory buildings to a residence shall be limited to a maximum of one thousand two hundred feet 1, 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 square feet for each additional half. Accessory buildings shall include the following: barns, stable, storage buildings, and detached personal vehicle garages.

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

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

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. To provide flexibility in development and to encourage innovative design through comprehensively planned projects.

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.

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. 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.

Each PUD District must abut a public street for at least 50 feet and gain access from that street. A tract map, showing site boundaries, street lines, lot lines, easements, and proposed dedications or vacations. 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. 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.

A circulation plan, including location of existing and proposed vehicular and pedestrian, facilities and location and general design of parking and loading facilities. Schematic architectural plans and elevations sufficient to indicate a building height, bulk, materials, and general architectural design. 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.

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

The recommendation of the Planning Commission shall be transmitted to the City Commission for final action. Proper notice shall mean the same notice established for any other zoning amendment. All approved plans shall be filed with the Zoning Administrator. Major amendments to the Development Plan must be approved according to the same procedure set forth in Section 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.

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. 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. In addition to those uses permitted in the base district, the following additional uses are permitted in the Agricultural Business Overlay District:. 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. The Planning Commission may recommend amendments to A district applications. 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.

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

Any protest against an A Overlay District shall be made and filed as provided by the Century Code of North Dakota, and amendments thereto. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize those losses described in Section 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.

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. Protect individuals from buying lands which are unsuitable for intended purposes because of flood hazard. 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.

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. 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.

Methods Used to Analyze Flood Hazards. This ordinance uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps. 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.

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. 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.

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.

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


To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:. 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. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

Give such other information as reasonably may be required by the Zoning Administrator. Within these districts, all uses not meeting the standards of this ordinance and those standards of the underlying zoning district shall be prohibited. 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. All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the year flood; however, the water surface elevation was not provided.

The unnumbered A Zones shall be subject to all development provisions of this ordinance.

Project Design Phases

If Flood Insurance Study Data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction. New construction, subdivision proposals, substantial improvement, prefabricated building, placement of manufactured homes and other development shall require:. Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effect of buoyancy. 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. 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. Within AH zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines.