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Module 2: Development Standards and Subdivision Design Standards

This is the public draft of Module 2 of Bismarck's updated Land Development Code. This installment contains development standards, which describe requirements for how developments must look, including site and building design outside of Downtown, parking, landscaping, open space and improvement requirements. The installment also includes an updated chapter on Subdivision Design (subdivision procedures to be included in Module 3: Administration and Proceures). 

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What about when a vehicle is in motion? I am seeing a lot of these around town for businesses and advertising.
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There are permanent seasonal/holiday lights now. Does this still apply? Who determines if it creates glare/light trespass?
Who defines/determines this and how is it calculated?
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Watering years/sprinkler systems allowed? We have seen many failures around town where watering is the primary culprit. Need to be cautious and refer to geotechnical report.
I recommend caution with this.
What does maintenance look like that would not have an adverse impact on the wetland?
wetland mitigation projects take 5-7 years to prove full restoration.
WOTUS - Wetland edge is jurisdictional and buffer is outside of jurisdiction is not. have a hard time accepting this as being something that is needed.
List? What if in or near someone's yard? Yard grasses acceptable?
What is the buffer width and how is it established?
Who defines? USACE/WOTUS? NWI? Scientist?
I am concerned about this section. There is already massive regulatory compliance when it comes to wetlands through the USACE. Adding another layer of complexity/regulation is difficult to accept for our clients.
Is fence considered the same as a security/privacy wall? In all zoning districts?
only arterial?
Suggestion
14-7?
What about geotechnical reasons (costco for example) and safety to prevent falling from retaining wall?
Barbed wire portion considered ornamental? or the top of barbed wire at max fence height?
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Suggestion
drive aisle on private property should still be allowed. will be difficult to do this on some properties.
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Will be helpful.
This could prove to be difficult in some situations.
Where?
Question
What will be the governing? Required Islands or Required Parking spaces? What will happen when both can't be met due to the other.
Why is this needed and where does it benefit?
I may be mistaken, but were the sidewalks allowed to go right to the property line in all zoning districts or was there a buffer is some instances?
Utilities have allowed trees and shrubs if we can show that at maturity, they are within safe distance from the lines. I interpret that you are saying the same thing here but want to make sure that plantings will still be allowed if not interfering.
I see this being unsafe as when they are planted they are not mature and will be blocking sight for some time.
Is the word partial needed?
How would have this looked/been differently for the Cottonwood R-10 to RM-10 rezoning request if this was in effect?
be
I am concerned about these spacing standards and that there will instances where this will not work well. Hoping justification to the City Engineer or Planning Director will allow for variances.
Suggestion
Choose "developer" or "applicant".
Suggestion
Choose "developer" or "applicant".
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Suggestion
Can "Agricultural recreation" be defined?
Question
There are many religious institutions around town that have a primary and overflow parking lot that is not paved. What trigger when the city require the overflow to be paved? Applies to all zoning except DT?
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Nothing for this use?
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Does this match or is clarified in the zoning heights/tables?
Is this the max height allowed per zoning or is this max height of the actual adjacent residential structure?
Can you clarify what happens if the "impact lot" is constructed first? I like the clarification in the buffer yards section 14-14-10-3-b.