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Dover City Zoning Code

CHAPTER 4

ZONING MAP

12-4-1: ZONES:

The City is hereby divided into zones, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. (Ord. 146, 9-22-2016)

12-4-2: OFFICIAL ZONING MAP:

Regardless of the existence of purported copies of the official zoning district map that may from time to time be made or published, the official zoning district map, which shall be located in the Office of the City Clerk, shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the City. (Ord. 146, 9-22-2016)

12-4-3: MAP CHANGES:

   A.   Changes Entered: If, in accordance with the provisions of this title, changes are made in zone boundaries or other matter portrayed on the official zoning district map, such changes shall be entered on the official zoning district map promptly after the amendment has been approved by the Council.
   B.   Unauthorized Changes: No changes of any nature shall be made in the official zoning district map or matter shown thereon except in conformity with the procedures set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title. (Ord. 146, 9-22-2016)

12-4-4: RULES FOR INTERPRETATION OF ZONE BOUNDARIES:

When uncertainty exists as to the boundaries of a zone as shown on the official zoning district map, the following rules shall apply:
   A.   Centerline Of Streets: Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines;
   B.   Platted Lot Lines: Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
   C.   City Limits: Boundaries indicated as approximately following City limits shall be construed as following such City limits;
   D.   Railroad Lines: Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
   E.   Shorelines, Bodies Of Water: Boundaries indicated as following shorelines shall be construed to follow such shorelines and legally established meander lines, which may be referenced as ordinary high water marks (OHWM). In the event of change in the shoreline, it shall be construed as moving with the actual shoreline; boundaries indicated as approximately following centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;
   F.   Section, Township Lines: Boundaries indicated as following section or township lines shall be construed as following such section or township lines;
   G.   Parallel To Extensions Of Features: Boundaries indicated as parallel to extensions of features indicated in subsections A through F of this section, shall be so construed. Distances that are not specifically indicated on the official zoning district map shall be determined by the scale of the map;
   H.   Variance; Interpretation By Council: When physical or cultural features existing on the ground are at variance with those shown on the official zoning district map, or in the other circumstances not covered in subsections A through G of this section, the Council shall interpret the district or zone boundaries;
   I.   Special Exceptions: Where a zone boundary line divides a lot that was in single ownership at the time of passage hereof, the Council may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district or zone into the remaining portion of the lot. (Ord. 146, 9-22-2016)

12-4-5: REPLACEMENT OF OFFICIAL ZONING MAP:

If the official zoning map is damaged, lost, destroyed, difficult to read due to multiple amendments, or contains outdated aerial imagery, parcel information, or mapping technology, the City Council may adopt by resolution a replacement official zoning map to supersede it. The replacement map may also correct drafting errors upon a finding by Council that the correction accurately represents the approved zoning boundaries. The replacement map shall not amend any zoning district boundaries but shall only serve to replace the official zoning map. (Ord. 155, 5-24-2018)