[Added 9-15-1986 by Ord. No. 86-4]
There is hereby established a Comprehensive Zoning Ordinance
for the Town of Dickinson which is set forth in the text, tables and
map that constitute this chapter. This chapter is and has been adopted
pursuant to a Comprehensive Plan for the Town of Dickinson for the
purposes of promoting and protecting the public health, safety and
general welfare and providing for solar access. It should be noted
that the Town has purposely not provided for the establishment or
expansion of existing cemeteries in this chapter, due to the presence
in the Town of adequate space already devoted to existing cemeteries,
and the belief that the remaining limited developable space located
in the Town should be devoted to residential, commercial and industrial
development.
As used in this chapter, the following terms shall have the
meanings indicated:
A.
Word usage. In this chapter, if not inconsistent with the context,
the singular may be taken for the plural and the plural for the singular.
The term "person" may include more than one, an association, a copartnership
or a corporation. The present tense includes the future; the word
"building" includes the word "structure"; the word "lot" includes
the word "plot"; and the word "shall" is mandatory and not directory.
B.
ACCESSORY BUILDING
ACCESSORY USE
ACCESSORY USE, EDUCATIONAL AND RELIGIOUS
AGRICULTURE
ANIMAL HUSBANDRY
BATTERY ENERGY STORAGE SYSTEM, COMMERCIAL
BUILDING
BUILDING HEIGHT
BUILDING LINE
CELLAR OR BASEMENT
CODE ENFORCEMENT OFFICER
CONVENIENCE STORE
DISPLAY SIGN
DWELLING, MULTIPLE or APARTMENT HOUSE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EDUCATIONAL USE
FAMILY
(1)
(2)
(3)
FUNCTIONAL FAMILY UNIT
GARBAGE
GASOLINE SERVICE STATION
GROSS FLOOR AREA
HOME OCCUPATION
LOT
LOT, CORNER
LOT DEPTH
LOT WIDTH
MOBILE HOME
MOBILE HOME PARK
NONCONFORMING BUILDING
NONCONFORMING USE
PARKING SPACE, OFF-STREET
PUBLIC UTILITY FACILITIES
PUBLIC UTILITY, LOCAL SERVICE FACILITIES
PUBLIC UTILITY, OTHER SERVICE FACILITIES
RECEIVING DISH
RELIGIOUS USE
RUBBISH
SETBACK
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SOLAR ACCESS
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
TOURIST ACCOMMODATION
TRAILER COACH
VARIANCE
VARIANCE, AREA
VARIANCE, USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Terms defined. For purposes of this chapter, certain terms and words
are herewith defined as follows:
A building subordinate or supplemental to the main building,
located on the same lot and used for purposes customarily incidental
to those of the main building.
A use customarily incidental and subordinate to the principal
use of a building.
A use that is customary, incidental and subordinate to a
primary permitted land use on the same parcel, so long as such use
shall not detract from the public health, safety, welfare or morals.
Any proposed religious or educational accessory use which is not religious
or educational in nature and can be considered primarily commercial,
industrial, agricultural, manufacturing or recreational is not allowed
within any residential district except upon application and approval
of a special permit.
[Added 2-11-2013 by L.L. No. 1-2013]
Includes the cultivation of the soil for the products of
horticulture and floriculture, but does not include dairying or the
raising, breeding or keeping of livestock, animals, fowl or birds.
The use of land and such accessory uses incidental to the
raising of domestic animals generally, including but not limited to
cattle, horses, rabbits, goat, sheep, swine and poultry.[1]
[Added 8-11-1997 by L.L. No. 2-1997]
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, which
may consist of batteries, chargers, controls, power conditioning systems,
and associated accessories, where such device(s) are used for the
commercial storage, sale or resale of electrical energy. This definition
shall include all classifications of battery energy storage systems
used for such commercial activities.
[Added 5-8-2023 by L.L. No. 2-2023]
Any structure, other than a boundary wall or fence, having
a roof supported by walls.[2]
The vertical distance measured from the curb level to the
highest point of the roof surface if a flat roof, to the deck line
of a mansard roof, and to the mean height level between eaves and
ridges for a gable, hip or gambrel roof, provided that chimneys, spires,
towers, tanks and similar projections shall not be included in the
height. Where no curb exists, or where the topography creates hardship
in observance of height regulations, the height may be measured from
the average elevation of the ground surrounding the building.
A line parallel to the street line drawn between the points
of front yard setback as measured along each side lot line, and/or
the required setback from property lines to the building proper (see
"building"), front, sides and rear.
A story 50% or more underground, the walls of which are used
as the foundation and/or substructure for those remaining stories
of the structure partially or completely above grade level.[3]
The official charged with the enforcement of this chapter.
[Added 11-9-2009 by L.L. No. 5-2009]
An establishment offering the retail sale of consumer merchandise,
food products, automotive fuel, oil and motor vehicle accessories
and which may include facilities for lubricating, washing or servicing
motor vehicles, but not including painting or major repairs to vehicles.
[Added 5-13-2002 by L.L. No. 3-2002]
A sign screen, billboard, advertising device and every kind
of structure that is arranged, intended, designed or used for advertisement,
announcement or direction.
A dwelling or group of dwellings in one structure designed
for or occupied as the home for three or more families or households,
living independently of one another.
A detached building designed for or occupied exclusively
by one family.
A detached building designed for or occupied exclusively
by two families living independently.
A building or portion thereof providing complete housekeeping
facilities for one family.[4]
A public, private or parochial institution offering instruction
at the nursery, elementary, junior-high, high-school or college level.
This use classification must provide three essential components: a
curriculum meeting State Education Law and/or accrediting standards;
physical facilities adequate to carry out the curriculum; and a qualified
staff to carry out its educational objectives. Commercially operated
schools of beauty culture, business, dancing, driving or music and
similar establishments are excluded.
[Added 2-11-2013 by L.L. No. 1-2013]
[Amended 4-12-2004 by L.L. No. 3-2004]
Any number of individuals related by blood, marriage, or adoption,
and their domestics and servants, if any, living and cooking together
on the premises, as a single housekeeping unit;
Not more than two persons, living and cooking together on the
premises as a single housekeeping unit though not related by blood,
marriage, or adoption; or
More than two persons not related by blood, marriage, or adoption,
living together on the premises as a functional family unit.[5]
A group of three or more individuals living together in a
single dwelling unit and functioning as a family as evidenced by the
following:
[Added 4-12-2004 by L.L. No. 3-2004]
Includes but is not limited to waste food, papers, dead animals
or parts thereof, and all waste or discarded wood, lumber or vegetable
matter or any kind which shall be flammable or capable of fermentation
or rot.
Any building or land that is used for the sale of motor fuel,
oil and motor vehicle accessories, but not sale of general consumer
merchandise and food products, and which may include facilities for
lubricating, washing or servicing motor vehicles, but not including
painting or major repairs to vehicles.
[Added 5-13-2002 by L.L. No. 3-2002]
The total area of all floors within the exterior walls of
the building, excluding basements, cellars, garages, open or screened
porches, patios or awning overhangs.[6]
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. No person outside the dwelling shall be employed in the home occupation. There shall be no external evidence of an inhabitant’s home or other occupation, including equipment, vehicles, tools or other implements, kept, maintained or stored at any dwelling within the Town except a sign as provided in § 600-18A(1) or signage on a vehicle.
[Amended 7-14-2008 by L.L. No. 8-2008; 11-9-2009 by L.L. No.
5-2009]
A parcel of land occupied or capable of being occupied by
one principal building and accessory buildings or uses, including
such open spaces as are required by this chapter.
A lot situated at the junction of two or more streets or
highways, fronting not more than 60 feet on one street and not more
than 200 feet on an intersecting street.
The mean horizontal distance measured from the street or
highway right-of-way line to opposite rear lot lines.
The mean distance measured parallel to the front lot line
between the two side-lot lines, or measured at right angles to its
depth.
A structure transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to required utilities. It does
not include recreational vehicles or travel trailers. The term includes,
but is not limited to, the definition of "mobile home" as set forth
in regulations governing the Mobile Home Safety and Construction Standards
Program [24 CFR 3282.7(a)].
[Amended 8-1-1977 by L.L. No. 1-1977]
Any plot of ground upon which two or more mobile homes, occupied
for dwelling purposes, are located, regardless of whether or not a
charge is made for such accommodation.[7]
A building or structure or portion thereof lawfully existing
on the effective date of this chapter, or subsequent amendment thereof,
which does not completely conform to the regulations applicable in
the district in which it is located.
A building, structure or use of land existing at the time
of enactment of this chapter, or subsequent district amendments, and
which does not conform to the regulations of the district or zone
in which it is situated.[8]
An off-street space, area or berth, with an appropriate means
of vehicular access to a street, intended for the storage of vehicles.
Any equipment, structure, building, collection and distribution
line or a pipe or station exchange necessary for providing electric,
gas, cable television and telephone services but not including buildings
used as offices.
[Added 5-6-1992 by Ord. No. 4-1992]
A system of wires, poles, pipes and related devices used
to provide electric, gas, cable television and telephone services
to homes and businesses within the Town of Dickinson and in the Town
of Dickinson and neighborhoods adjoining the Town of Dickinson. "Local
service" does not include substations and high-voltage transmission
lines.
[Added 5-6-1992 by Ord. No. 4-1992]
All public utility facilities other than local service facilities.
[Added 5-6-1992 by Ord. No. 4-1992]
Any structure incorporating a parabolic reflection dish designed
to be used for the reception of radio, television or other electronic
impulses. Such a structure shall be considered an accessory use for
the purpose of this chapter.
[9]
[Added 9-15-1986 by Ord. No. 86-4]
Includes a church, temple, synagogue, mosque and related
buildings, such as a parish house, convent, seminary, and retreat
house, used exclusively for religious worship, including customary
incidental educational and social activities.
[Added 2-11-2013 by L.L. No. 1-2013]
Includes but is not limited to waste material, tin cans,
ashes, cinders, glass pottery and all discarded substances of a solid
and incombustible nature.
The minimum perpendicular distance between the street, highway
or lot line and the building line (front, side or rear, as the case
may be) of the building or any projections thereof, excluding bay
windows and uncovered and unenclosed steps, but including porches,
one- or two-story, enclosed or unenclosed, over 25 square feet in
floor area.
A structure, part thereof or device attached thereto, or
painted or represented thereon, or any material or thing illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, emblem, device, trademark or other representation used as an
announcement, designation, direction or display to advertise or promote
any person, firm, group, organization, commodity, service, profession
or enterprise when said display is placed out of doors in view of
the general public.
BUSINESS SIGNA sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the same premises where the sign is located.
ADVERTISING SIGNA sign which directs attention to a business, industry, profession, commodity, service or entertainment not sold or offered upon the same premises where the sign is located.
DIRECTIONALA sign which is nonilluminated, used for the purpose of stating the name or location of a Town, Town building, hospital, community center, church or school or the name or place of a meeting of an official or civic body (e.g., Rotary, Lions or Kiwanis) with no advertising matter contained on such sign.
GROUND SIGNAny sign not attached to any building.
PROJECTING SIGNA sign which is attached to the wall of any building or structure and which extends beyond the surface of such wall a distance greater than 12 inches. "Projecting sign" shall include marquees.
ROOF SIGNA sign constructed or supported upon the roof of any building or structure.
WALL SIGNA sign which is attached to the wall of any building or structure and which does not extend beyond the surface of such wall a distance greater than 12 inches.
The orientation of streets and lots to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
[Added 9-15-1986 by Ord. No. 86-4]
That portion of a building between the surface of any floor
and the surface of the floor next above it, or if there is no floor
above it, then the space between such floor and the ceiling next above
it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the finished floor of such story.
A public or private right-of-way for vehicles and pedestrians
used or laid out to furnish access to two or more abutting properties
or lots.
The dividing line between any lot and the right-of-way of
any public street, road or highway. For the purpose of this chapter,
the street line shall be deemed to be not less than 25 feet from the
center of the road or traveled way.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Anything constructed or erected the use of which requires
a more or less permanent location on the soil, or attached to something
having a permanent location on the soil.[10]
The furnishing of lodging in a dwelling occupied by the proprietor
to transients for compensation.
A home which is mobile and equipped with running water and
other facilities and is occupied for living purposes.[11]
An area or use variance.[12]
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.[13]
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.[14]
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
A yard extending across the full width of a lot and lying
between the front lot line of the lot and the front building line
of the principal building.
A yard extending across the full width of a lot and lying
between the rear lot line of the lot and the nearest rear building
line of the principal building.
A yard between a side lot line of a lot and the nearest building
line of the principal building, extending from the front yard to the
rear yard.
[1]
Editor's Note: The former definitions of "base flood (one-hundred-year flood)" and "base flood elevations," added 8-1-1977 by L.L. No. 1-1997, which immediately followed this definition, were superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[2]
Editor's Note: The former definition of “Building and
Code Inspector,” added 11-8-1999 by L.L. No. 3-1999, which immediately
followed this definition, was repealed 11-9-2009 by L.L. No. 5-2009.
[3]
Editor's Note: The former definition of "development (within the floodplain)," added 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, was superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[4]
Editor's Note: The former definition of "existing mobile home park or mobile home subdivision," added 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, was superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[5]
Editor's Note: The former definitions of "flood," amended 8-1-1977 by L.L. No. 1-1977; "Flood Boundary and Floodway Map," added 8-1-1977 by L.L. No. 1-1977; "flood fringe," amended 8-1-1977 by L.L. No. 1-1977; "flood hazard area," "Flood Insurance Rate Map" and "Flood Insurance Study," added 8-1-1977 by L.L. No. 1-1977; "Floodplain Management District (FMD)," amended 8-1-1977 by L.L. No. 1-1977; and "floodproofing" and "floodway encroachment lines," added 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, were superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[6]
Editor's Note: The former definition of "habitable floor," added 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, was superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[7]
Editor's Note: The former definitions of "new construction" and "new mobile home or mobile home subdivision," added 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, were superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[8]
Editor's Note: The former definition of "one-hundred-year flood," amended 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, was superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention. The former definition of “Ordinance Administrator,” added 11-8-1999 by L.L. No. 3-1999, which immediately followed this definition, was repealed 11-9-2009 by L.L. No. 5-2009.
[9]
Editor's Note: The former definition of "regulatory floodway," amended 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, was superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
[10]
Editor's Note: The former definitions of "structure (within the floodplain)" and "substantial improvement," added 8-1-1977 by L.L. No. 1-1977, which immediately followed this definition, were superseded 4-8-1987 by L.L. No. 2-1987. See now Ch. 299, Flood Damage Prevention.
