Planning approves downtown microbrewing

Removed from permitted uses were horticulture, auto body repair and funeral services.

"We periodically go through our list of uses and look at our zoning districts to see if there are maybe things that could be added that ought to be in zoning districts like this," Steve Josephson, Stark County planner, said.

A microbrewery, by definition, manufactures "10,000 barrels or less per year," according to the North Dakota Century Code.

Commissioner Gene Jackson advocated expanding the permitted use to Dickinson's general commercial and community commercial zones in areas where cocktail lounges, for example, are allowed.

Microbreweries are a good fit for the downtown area, Josephson explained.

"The idea of a downtown commercial zoning district is to have an area that enhances downtown, promotes walkability and is also meant to encourage intensity of use and also higher density," he said.

It is the first time microbreweries have been included among the zoning district's permitted uses, Josephson said.

"It's been talked about. There's been somebody downtown who's been talking about doing a distillery, microbrewery," he said. "The code is 20, 15 years old? When the code was written, there may not have been as many of those around."

Zoning regulations currently allow for clubs, restaurants and bars, for example, to sell food and beverages, but not specifically to conduct microbrewing operations on the premises, Jan Murtha, Dickinson city attorney, explained.

"There was concern there might be some perception that, because that activity wasn't addressed, it wasn't covered within the definitions of the sale, because it is a separate and distinct activity," she explained.

The commission also amended design standards for downtown buildings.

Construction of any structure "in excess of 65 feet" would require approval of a special use permit from the city.

Setting design standards, Josephson said, promotes a "development pattern" downtown for new buildings.

"If new buildings come in they would resemble the style of buildings that are already there," he said. "There's also a section here about how to treat those buildings that are existing and could be of historical significance and are going to be remodeled."

The standards, though, are not inflexible, Josephson said.

"It's not highly prescriptive in terms of say, there's five designs you can use or six colors," he said. "Staff will develop a guideline manual to give to property owners and developers who wish to build new buildings or make improvements to their existing ones."

The standards incorporate the city's "streetscape" plan, Walter Hadley, Dickinson planning director, said, including guidelines for lighting and tree planting.

The guidelines benefit the city, Hadley said.

"It does give people a lot of flexibility for design, but it also gives us a little direction. That way we avoid the six-story mirrored building," he said. "I think we want to keep the integrity of the downtown area as it is."

The new guidelines do not cover the entire city Renaissance Zone, only a 10-block area that Stephenson defined as being from Villard Street north to Fourth Street and from Third Avenue West east to Sims Street.

"That's the heart of the downtown area," he said. "It's just this core area."

The Planning and Zoning Commission's recommendations will be brought before the city commissioners at their Feb. 6 meeting for action.