1.1

Off-street parking spaces. Off-street parking spaces, open or enclosed, are permitted accessory to any use. One commercial vehicle may be parked on a lot in any residence zone only if less than one ton in carrying capacity.

1.2

Trailers and boats. The long-term use of a recreational vehicle as a residence by any person or persons is prohibited in all zones. A boat with its trailer or a utility trailer, under 31 feet body length or an unoccupied recreational vehicle, may be parked within a garage or anywhere behind the setback line if screened from adjacent lots. However, none of the vehicles shall be parked in a required side yard if alley parking adjacent to the lot is available.

1.3

Driveways. No driveway shall provide access to a lot located in another zone, which lot is used for any use prohibited in the zone in which such driveway is located.

1.4

The minimum width of a residential driveway shall be nine feet.

1.5

Access drives. In areas under the joint or overlapping jurisdiction of the Delaware Department of Transportation and the City of Dover, the regulations of the Delaware Department of Transportation relating to ingress and egress drives shall apply.

(Ord. of 9-12-1983; Ord. of 1-10-1996; Ord. of 11-13-2007; Ord. No. 2016-16, 8-8-2016; Ord. No. 2017-12, 10-9-2017)

2.1

Off-street loading berths, open or enclosed, are permitted accessory to any use, except residences for one or two families. However, no off-street loading berth shall be located in a front yard.

3.1

Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as specified below for each use in any zone, whichever is greater.

(a)

Exceptions.

i.

Where Article 3—District Regulations, specifies a minimum parking requirement, this parking requirement shall prevail.

ii.

For existing buildings within the C-2 zoning district, the requirements of Article 4, Section 4.14—C-1, C-1A, C-2, C-2A zones, bulk and parking regulations governing the C-2 zoning district shall prevail.

iii.

For new construction within the downtown redevelopment target area, as described in appendix C of the Dover Code of Ordinances, there is no minimum off-street parking requirement based on use. To utilize this exception, a parking strategy statement must be submitted for review as part of the site development plan approval required by appendix B, zoning, article 10, section 2.

3.2

Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3.

3.3

Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In all cases, such parking spaces shall conform to the regulations of the district in which they are accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either:

(a)

Throughout the existence of such use to which they are accessory; or

(b)

Until such spaces are provided elsewhere.

3.4

Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width and at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements.

3.5

Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at least ten feet of width so that one-way drives have at least ten feet of width and that two-directional drives have two lanes of ten feet each. Unless otherwise specified within this section, access shall be provided by at least one two-directional drive lane or two one-directional drive lanes.

3.6

Drainage and surfacing.

(a)

All open permanent parking areas and access drives shall be properly drained and all such areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface.

(b)

All permanent parking areas shall be enclosed with upright concrete curbing at least six inches in height. The city planner may relax this requirement for a portion of a parking area when there is a demonstrated need to convey stormwater to a proposed or approved stormwater management area. Curbing shall not be required for loading areas, handicapped access and for parking spaces accessory to a one-family or two-family residence (see also article 6, section 5.3).

3.7

Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve, jointly, two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

3.8

Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the planning commission may reduce the total parking spaces required for that use with the least requirement.

(a)

Campus Parking Plan. When a new building or building addition is made to a campus involving multiple buildings under common ownership where one or more of the uses will be generating demand for parking when the other use or uses are not in operation, the applicant shall present a campus parking plan as a part of the site development plan that includes an analysis of the parking needs based on the provisions of section 3.8 of this article.

3.9

Adjustments to parking requirements. The planning commission or city planner, according to the type of plan review required by appendix B, zoning, article 10, planning commission, may reduce, in an amount not to exceed 50 percent, the number of parking spaces required when, in the opinion of the commission, it has been demonstrated that the use is adequately served by transportation and parking alternatives, including but not limited to:

(a)

Site plan proposals within the downtown redevelopment target area, as described in appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the amount of off-street parking normally required, due to the availability of mass transit, municipal parking and existing pedestrian amenities.

(b)

Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities, in accordance with the following schedule:

(1)

Each carpool space shall be equivalent to three standard parking spaces.

(2)

Each vanpool space shall be equivalent to five standard parking spaces.

(3)

Every group of five bicycle parking spaces shall be equivalent to one standard parking space.

(c)

Employer participation in a traffic-mitigation plan approved by the Delaware Department of Transportation.

(d)

Cash-in-lieu of parking contributions toward the capital construction or improvement of municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be in a monetary amount equivalent to the estimated cost of construction for the number of standard surface parking spaces for which the reduction is sought. To take advantage of this option, the developer shall submit to the city engineer a cost estimate for the parking requested to be waived. The city engineer shall examine the estimate for accuracy in current prevailing costs of construction at the time of proposal and shall report to the planning commission his/her findings.

(e)

Proposals involving superior urban design which contribute to an enhanced pedestrian environment and which include such features as pedestrian plazas and pocket-parks, pedestrian-way connections with existing sidewalk systems and community facilities, park benches and other street furniture, mass transit connections and shelters, and landscaping and shade tree plantings.

In all areas, except the downtown redevelopment target area, the planning commission or city planner, according to the type of plan review required by appendix B, zoning, article 10, planning commission, may require the development plans to have an area of open space designated where parking could be constructed less than or equal to the number being reduced. In such cases the plan shall bear a note which explains that the petitioner, in accepting a parking reduction, agrees to construct such additional parking as is otherwise required under the provisions of this appendix, if the planning commission, after a hearing, determines that the reasons for granting said reduction no longer exist. In all such instances where the planning commission determines that the reasons for granting a reduction no longer exist, the owner of record for the subject property for which a reduction was previously granted must construct the parking required to meet the regulations of the city during the next construction season.

3.10

Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one bicycle parking space for every 20 parking spaces or a fraction thereof. The planning commission may waive the requirement for the bicycle parking if it is demonstrated that bicycle parking would not be appropriate for safety reasons or due to the nature of the use of the site.

3.11

Reserved.

(Ord. of 12-14-1992(2); Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 4-23-2007(4) ; Ord. No. 2009-12, 9-14-2009; Ord. No. 2009-30, 3-8-2010; Ord. No. 2011-29, 1-9-2012; Ord. No. 2011-29, 1-9-2012; Ord. No. 2017-12, 10-9-2017; Ord. No. 2018-06, 8-27-2018; Ord. No. 2024-01, 3-11-2024)

4.1

[Uses for which required.] Accessory off-street loading berths shall be provided for any lot or any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purposes of such requirements. Loading berths shall be designed and located so as not to impede fire lane access or the safe and efficient vehicular and pedestrian circulation and shall be in accordance with the following:

4.11 Dimensions. One required off-street loading berth shall have minimum dimensions of 12 feet wide and 60 feet long. If more than one loading berth is required, subsequent berths may have minimum dimensions of 12 feet wide and 40 feet long. At no time shall any part of a truck or van be allowed to extend into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded. If the outdoor loading area is covered, but not totally enclosed, the minimum height of the outdoor loading berth area shall be 14 feet.

4.12 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot and not within any public street right-of-way or other public lands. Internal site circulation lanes are to be designed with adequate turning radii to accommodate the size and efficient maneuvering of delivery vehicles.

4.13 Location. Loading berths must be functionally related to the building, and be situated where actual loading and unloading activities are intended to occur. Loading berths located remotely from the building will not be permitted, unless the applicant can demonstrate the utility of such berths. Loading berths are not permitted between the street and building, except where a property fronts on three or more streets. This [sub]section of the ordinance shall not preclude the designation of an area in front of the building for parcel pick-up, mail deliveries, or passenger loading.

4.14 Obstructions. All loading berths and maneuvering spaces shall be accessible at all times.

4.15 Fire exit or emergency access. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site.

4.16 Maximum number of loading berths required. For buildings up to 150,000 square feet, a maximum of three loading berths will be required. Additional loading berths are permitted if needed by the property owner or occupant.

4.2

Loading berths required. Off-street loading berths will be required for the following uses:

4.21 For a public library, museum, art gallery, or similar quasi-public institution, or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged, or school with [a] floor area of 10,000 square feet, one berth, [and] for each additional 25,000 square feet or fraction thereof, one additional berth.

4.22 For buildings with professional, governmental, or business offices, or laboratory establishments with [a] floor area of 10,000 to 25,000 square feet, one berth, [and] for each additional 25,000 square feet or fraction thereof, one additional berth.

4.23 For buildings with retail sales and service establishments, one berth for 8,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area or fraction thereof so used.

4.24 For funeral directors, one berth for each chapel. (Such berths shall be at least ten feet wide, 20 feet long, and 7½ feet high, in lieu of the standard dimensions found in [sub]section 4.11 above.)

4.25 For hotels, one berth for each 25,000 square feet of floor area, or fraction thereof.

4.26 For manufacturing, wholesale and storage uses, and for dry cleaning and rug cleaning establishments and laundries, one berth for 5,000 to 10,000 square feet of floor area in such uses, and one additional berth for each additional 10,000 square feet of floor area or fraction thereof so used.

4.27 For manufacturing, wholesale, or storage uses in the M or IPM zone, and for buildings in excess of 150,000 square feet in any zone, sufficient off-street loading berths shall be provided. Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through the site plan review process.

4.3

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve, jointly, two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such requirements.

4.4

Planning commission waiver. The planning commission may waive required loading berths in the following instances:

1)

On an improved lot, when it can be demonstrated that retrofitting the site for loading berth(s) is impractical or impossible;

2)

When the applicant can demonstrate that the intended use is such that no deliveries by large vehicles is expected, now or in the future;

3)

When the applicant can demonstrate that the requirements of this ordinance are far in excess of [the] actual needs on the site;

4)

In the downtown redevelopment target area, where on-street loading areas are provided nearby.

In all cases, except in the downtown redevelopment target area, land for at least one standard sized loading berth meeting all requirements of this ordinance must be reserved. The city planner may direct that this loading berth be constructed by the owner of record due to any change in use for the site, or if the department of planning and inspections determines that large vehicles are loading and unloading on the site, creating the need for the loading berth.

(Ord. of 9-13-1999)

5.1

Access near street corners. No entrance or exit for any accessory off-street parking area with over ten parking spaces, nor any loading berth shall be located within 50 feet of the intersection of any two street lines.

5.2

On lots divided by zone boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in a residence zone, unless the use to which they are accessory is permitted in such zone, or by special permission of the board of adjustment.

5.3

Supplementary parking regulations for multiple dwellings. No parking space shall be located in any front yard or within three feet of any lot line in side or rear yards. The parking of motor vehicles within 15 feet of any wall or portion thereof, is prohibited. Except for electric vehicle charging stations, no automobile service shall be permitted to be extended to users of the lot, including sales, repair or fueling, and no gasoline, oil, grease, or related supplies shall be stored or sold in any such lot or in any garage on such lot.

5.4

Supplementary regulations for any parking lots adjacent to residential lots.

5.41 Whenever space is provided for the parking of ten or more vehicles in the open, such spaces shall be individually identified by means of pavement markings.

5.42 Reserved.

5.43 Parking lots. Whenever a parking lot is located across the street from a residential use, it shall be screened from view of such land by a thick hedge located along a line drawn parallel to the street, such hedge to be interrupted only at points of ingress and egress and to meet the corner visibility standards of appendix B, zoning, article 5, supplementary regulations, section 1.31. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. The hedge shall be at least two feet in height at the time of planting and shall grow to no more than four feet in height at the time of maturity. While the hedge is growing to a suitable height, an adjacent four foot high fence may be required by either the planning commission or city planner, according to the type of review required by appendix B, zoning, article 10, planning commission.

5.44 Identification and directional signs shall not exceed an area of three square feet each and shall be limited to such as are essential for the particular use.

5.5

Parking for motorsports racing. During any ten-day period prior to or two-day period following an auto racing event the following provisions shall apply:

5.51

Automobile parking.

a.

Property located within a residential zone may be used for fee-based parking of motor vehicles. Fee-based parking shall not include parking of commercial vehicles for use by commercial vendors and sales representatives.

b.

Unimproved surfaces may be used for automobile parking. Such areas shall be reviewed by the fire marshal to ensure adequate emergency access. No stormwater management areas or other preserved open space shall be used for automobile parking.

c.

Automobile parking shall in no case obstruct fire lanes, parking lot drive aisles, emergency access, fire protection equipment, or cross access easements between properties.

5.52

Recreational vehicle parking. Recreational vehicle parking shall be permitted within all zones subject to the following requirements:

a.

No more than three recreational vehicles shall be parked on a residential lot.

b.

Property owners wishing to provide parking for more than five recreational vehicles shall apply for a permit from the licensing and permitting division a minimum of 60 days prior to the race event. Fees for the permit will be charged in accordance with appendix F. Prior to issuance of a permit, the property owner or his agent must submit a legible diagram of the camping area to the licensing and permitting division. The diagram shall show recreational vehicle parking location, emergency access, drive aisles, entrance and exit, number of proposed recreational vehicles to be parked, location of power lines, and location of restroom facilities.

c.

Recreational vehicles shall not be parked within 25 feet of power lines as measured from the center of the utility pole. Vertical extensions from recreational vehicles shall not be closer than 25 feet to power lines as measured from any point on the vertical extension.

d.

Recreational vehicles shall not be parked closer than ten feet to other recreational vehicles, buildings or other structures, as measured from the long side of the vehicle; nor closer than two feet from other recreational vehicles, buildings or other structures, as measured from the front or rear of the vehicle. The required ten feet shall exclude any bump-outs or other protrusions from the side of the vehicle.

e.

Recreational vehicle parking areas shall have drivable surfaces engineered to hold the weight of recreational vehicles, fire equipment, and other emergency response equipment in all types of weather.

f.

Any changes to the layout of recreational vehicle parking areas shall be required to be submitted to the licensing and permitting division at least 30 days prior to the race event.

g.

The Fire Marshal's Office may grant an exception to any provision of section 5.52 if it can be demonstrated that equivalent means of public safety and fire protection is being provided.

h.

The fire marshal's office shall develop policy guidance on the implementation of this section.

(Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 10-12-1998; Ord. No. 2009-28, 3-8-2010; Ord. No. 2016-14, 5-9-2016; Ord. No. 2017-12, 10-9-2017)