Dickinson City Zoning Code
ARTICLE II
Zoning Districts
§ 600-3 Districts established.
[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:
R-1 | Residential District |
R-2 | Residential District |
R-M | Residential District |
R-MH | Mobile and Multiple Home District |
C-1 | Commercial District |
C-2 | Commercial District |
H-C | Highway Interchange Commercial District |
PUD | Planned Unit Development District |
FMD | Floodplain Management District |
§ 600-4 Zoning Map.
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.
§ 600-5 District boundaries.
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.
§ 600-6 Lots in more than one district.
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.
§ 600-7 Use restrictions.
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]
§ 600-8 Application to existing land and buildings.
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.
§ 600-9 Nonconforming uses.
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.
§ 600-10 Siting of wireless telecommunications facilities in zoning districts.
[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.