[Amended 8-1-1977 by L.L. No. 1-1977; 5-11-1981; 9-15-1986 by Ord. No.
86-4]
For purposes of this chapter, the Town of Dickinson, outside
of any incorporated village, is hereby divided into nine districts,
which shall be designated as follows:
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R-1
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Residential District
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R-2
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Residential District
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R-M
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Residential District
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R-MH
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Mobile and Multiple Home District
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C-1
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Commercial District
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C-2
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Commercial District
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H-C
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Highway Interchange Commercial District
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PUD
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Planned Unit Development District
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FMD
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Floodplain Management District
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The location and boundaries of the foregoing classes of districts,
together with the streets, highways and parks heretofore created and
to be hereafter created by law as shown upon a map herewith filed
in the Town Clerk's office of the Town of Dickinson, together with
all notices, references and other matters and things therein set forth
and/or attached thereto, are hereby adopted and established, and said
map shall be known as the "Official Zoning Map of the Town of Dickinson,"
and shall be certified by the Town Clerk, and the said Town Clerk,
with the assistance of a Civil Engineer designated by the Town Board,
shall make all changes on said map as directed by the Town Board.
The original of said Official Zoning Map shall remain on file in the
office of the Town Clerk and said map shall be available for public
inspection at all times in the Town Clerk's office. The Official Zoning
Map with all explanatory matter thereon is hereby made a part of this
chapter.[1]
[1]
Editor's Note: The Zoning Map is included in the pocket at
the end of this volume.
Where uncertainty exists with respect to the boundary of any
district as shown on the Town of Dickinson Zoning Map, the following
rules shall apply:
A.
Where district boundaries are so indicated as to approximately follow
lot lines, such lot lines shall be construed to be such district boundaries.
B.
Where district boundaries are indicated as approximately following
the center lines of streets or highways, street lines or highway right-of-way
lines shall be construed to be such boundaries.
Where a district boundary line divides a lot, the regulations
for either portion of the lot may, at the owner's discretion, extend
to the entire lot, but not more than 25 feet beyond the boundary line
of the district.
B.
No structure
or land shall be devoted to a use other than the one permitted within
the districts defined in this chapter.
C.
No building
or part thereof shall be erected, moved or altered except in conformity
with the regulations herein set forth for the district in which it
is located.
D.
Battery
energy storage systems, commercial, are hereby prohibited in all districts,
including but not limited to Planned Unit Development Districts.
[Added 5-8-2023 by L.L. No. 2-2023]
Whenever the provisions of this chapter in their application
to an existing structure or land at the time it takes effect may cause
practical difficulties or unnecessary hardship to the owner or occupant
thereof, such person may make a special application to the Board of
Appeals for the exemption of his land and/or building from all or
a portion of the provisions of this chapter. The Board of Appeals,
after hearing all parties interested, may, in its discretion, alter
or vary, in whole or in part, the strict application of the provisions
of this chapter as applied to the land and/or building of the applicant,
giving due consideration to the general purposes and intent thereof
and the land and/or buildings of surrounding owners or occupants.
A.
Continuation of nonconforming uses.
(1)
Any nonconforming use now lawfully existing may be continued only
in such structure where such nonconforming use now exists. Structures
otherwise lawfully existing, arranged, designed or properly devoted
to such nonconforming use may not be enlarged or extended at a cost
to exceed 50% of the assessed valuation of such structures at the
time this chapter takes effect.
(2)
The failure to exercise any nonconforming use for a period of one
year or more terminates such nonconforming use of the structure or
land, and thereafter such structure or the land shall be used in conformity
with this chapter.
B.
Change of existing nonconforming use. A nonconforming use may not
be changed to a more intensive nonconforming use, nor shall a conforming
use be changed to a nonconforming use. Any nonconforming use when
changed to a conforming use shall not thereafter be changed back to
a nonconforming use.
C.
Application to structures under construction. Structures now under
construction for a designated nonconforming use may be completed according
to the present plans therefor within the period of one year after
this chapter takes effect for the designated use to be made thereof.
D.
Reconstruction. Any structure containing a nonconforming use which
has been wholly or partially destroyed by means other than intent
or design beyond 75% of its assessed valuation may not be constructed
or repaired for the designated nonconforming use existing prior to
the event. Any structure containing a nonconforming use which has
been partially destroyed by means other than intent or design to a
lesser extent than 75% of its assessed valuation may be reconstructed
or repaired within one year thereafter for the designated nonconforming
use prior to the event.
[Added 11-8-1999 by L.L. No. 3-1999]
Wireless telecommunications facilities may be sited in any zoning district according to the regulations and siting priorities defined in Article XI of this chapter.
