Dickinson City Zoning Code
ARTICLE I
Purpose and Terminology
§ 600-1 Legislative intent.
[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.
§ 600-2 Definitions; word usage.
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.