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Dover City Zoning Code

CHAPTER 5

ZONING DISTRICTS

12-5-1: ZONING DISTRICTS:

All land within the city boundaries shall be divided into "districts" as set forth below:
   A.   Residential Zone (R): The purpose of the residential district is to allow moderately higher density lots where residential pursuits can be achieved. Minimum parcel sizes should include twelve thousand (12,000) square foot lot sizes and provide for single-family and multi-family affordability. The residential district is where limited commercial opportunities are available and where the city desires to have adequate streets and public spaces to serve the residents who live within this district. City services to this zone should include both city water and sewer and paved city streets. Planned unit developments, while encouraged, should be reviewed carefully for appropriate combinations of lot sizes, uses and existing or expansion of city services. Lands appropriate for the residential zone district should include property classified on the future land use map as residential, suburban or rural residential.
   B.   Suburban Zone (S): Generally speaking, the purpose of this zone is to provide for similar residential pursuits as the residential district, but with lower levels of density; one acre minimums. Opportunities for residential and duplex households are afforded to this district, but higher density residential uses such as apartments and multi-family units should consider districts such as residential. This zone may be served by either city water or sewer or by other sources, such as private or independent water and sewer systems. However, it is encouraged that the city eventually provide city sewer to all lands within this district. The lands zoned for suburban are described as being classified as suburban or rural residential on the city's future land use map.
   C.   Rural Residential Zone (RR): This zone district is established to provide for residential pursuits combined with rural pursuits. The keeping of livestock and animal husbandry are promoted in this district, so long as they are done adequately so as not to interfere with adjoining properties. Due to the nature of different rural and residential pursuits, this district establishes larger lot or parcel sizes in order to provide separation of uses on individual properties. Residents are encouraged to connect to city services, if available. However, with proper approval from respective agencies, development on lands zoned rural residential may seek connections to individual systems to serve immediate or surrounding land uses. Properties zoned rural residential can be described as being three (3) acres or larger, and classified on the future land use map as being designated rural or agriculture.
   D.   Agriculture Zone (A): The agriculture district is established to allow for rural, agricultural and residential pursuits to intermix with adequate separation encouraged. Thus, this district provides for the largest minimum lot size at six (6) acres. Resource or agricultural based uses are encouraged, provided adequate property is provided. Residents are encouraged to connect to city services, if available. However, with proper approval from respective agencies, development on lands zoned agriculture may seek connections to individual systems to serve immediate or surrounding land uses. Lands appropriate for the agriculture zone district will be properties that already have active farms or animal husbandry occurring on site and are adequately sized. Generally, these lands are classified on the future land use map as agriculture.
   E.   Commercial Zone (C): The commercial district is suitable for activities directly serving the public, including, but not limited to, retail sales, service shops, restaurants, bars and entertainment centers. The commercial zone is also a land use classification for a district suitable for limited production or manufacture of products, processing, fabrication, assemblage, freight handling, or similar operations of a nonnuisance character that generally do not provide services directly to the public. The purpose of this zone is to encourage the business development that is clean, quiet and free of noise, odor, dust and smoke. Planned unit developments should be encouraged in this district to provide for the greatest flexibility of design, street layout and public and private amenities. Development and design standards for specific uses should be considered for lands zoned commercial and should include all urban services. Adequate existing transportation systems and existing urban services should be considered when rezoning lands to commercial. Lands that do not require extension or expansion of streets, sewer or water services should be considered first for development before rezoning lands to commercial. Lands appropriate for the Commercial District should include property classified on the future land use map as commercial or residential. (Ord. 146, 9-22-2016)

12-5-2: RESTRICTIONS:

No building or premises shall be used, nor shall any building or structure hereafter be erected or altered, unless otherwise provided in this title, except for uses or special uses in accordance with the standards set out in the applicable tables and development standards as incorporated herein as part of this title. (Ord. 146, 9-22-2016)

12-5-3: STANDARDS BY ZONE:

Unless otherwise permitted, those uses not specifically provided for shall be prohibited. (Ord. 146, 9-22-2016)

12-5-4: USE TABLES BY ZONE DISTRICT:

The following use tables list various land use classifications and zoning districts.
   A.   New and unlisted uses shall follow the requirements listed in section 12-6-2 of this title.
   B.   Uses are subject to all applicable standards of this title and this Code. In addition, any notes as provided for within the tables are in addition to those standards listed within this title and any other applicable Code sections of this Code. (Ord. 146, 9-22-2016)

12-5-5: RESIDENTIAL USE TABLE:

   P = Authorized; S = Specially permitted; [vacant] = Prohibited use
Use
Residential
Suburban
Rural Residential
Agriculture
Commercial
Use
Residential
Suburban
Rural Residential
Agriculture
Commercial
Accessory dwelling unit
P1
P1,6
P1,6
P1,6
S1
Accessory structure, residential11
P12
P12
P12
P12
P12
Apartment buildings, condominiums, multi-family
S4,5
S2
S4,5,9
Churches and nonprofit community halls
S
S
S
S
P
Duplex
P4,5
P2,4
P2,4
P3
P5,9
In home daycare
P7
P7
P7
P7
P7
Keeping of livestock
P8
P8
P8
P8
P8
Short-term rentals
P10
P10
P10
P10
S10
Single-family dwelling
P2,4
P2,4
P2,4
P3
P9
 
Notes:
All uses shown above shall be required to follow any standards listed within this title and any of the following as specifically enumerated in the above table.
1.   Subject to specific standards found at section 12-7-3 of this title.
2.   1 "dwelling unit" shall be allowed per lot or parcel pursuant to the definition listed at section 12-13-4, "Appendix D; Definitions", of this title, up to a maximum of 2 dwelling units are permitted, provided an overall density of 1 unit per 3 acres is provided.
3.   1 "dwelling unit" shall be allowed per lot or parcel pursuant to the definition listed at section 12-13-4, "Appendix D; Definitions", of this title, up to a maximum of 2 dwelling units are permitted, provided an overall density of 1 unit per 6 acres is provided.
4.   Shall not exceed an overall lot coverage of 35 percent.
5.   Overall density shall not exceed 1 unit per 12,000 square feet of overall lot or parcel area. Lands that are submerged or inundated with water for portion or portions of the year shall not be included in the overall acreage amount.
6.   An accessory dwelling unit may be detached, provided all the other standards of section 12-7-3 of this title are adhered to.
7.   Shall not exceed a total maximum number of 6 children under the age of 12, other than those who reside in the home. Shall also follow any standards of a home occupation listed at section 12-7-2, "Home Occupations", of this title.
8.   The keeping of 1 large animal (horse, llama, sheep, cow or goat, including offspring until weaned) for each 20,000 square feet of parcel or lot area is permitted in all zones.
9.   Residential buildings are encouraged to have retail or commercial activity on the first floor and contain living space on the next floor(s).
10.   Short-term rentals are subject to the specific standards of section 12-7-4 of this title.
11.   Residential accessory structures are subject to the specific standards of section 12-6-12 of this title.
12.   Includes accessory structures associated with permitted agricultural uses.
(Ord. 146, 9-22-2016; amd. Ord. 151, 8-17-2017; Ord. 178, 6-9-2022)

12-5-6: PUBLIC USE TABLE:

   P = Authorized; S = Specially permitted; [vacant] = Prohibited use
Use
Residential
Suburban
Rural Residential
Agriculture
Commercial
Use
Residential
Suburban
Rural Residential
Agriculture
Commercial
Municipal parks, municipal recreation facilities
P
P
P
P
P
Museums
S
S
S
S
S
Parks, recreation facilities, high-intensity, public or private
S1
S1
S1
S1
S1
Parks, recreation facilities, low-intensity, public or private
P1, 2
P1, 2
P1, 2
P1, 2
P1, 2
Public information, kiosk centers
P
P
P
P
P
Schools, public or private
S
S
S
S
S
Structures, facilities, yard activities and other infrastructure necessary to provide public or private utilities
P
P
P
P
P
Municipal facilities and structures, including administrative offices, services, and U.S. post office
P
P
P
P
P
 
S
S
S
S
S
 
Public Use Table Notes/Standards:
1.   Subject to the specific standards of section 12-7-5 of this title.
2.   Subject to administrative site plan review requirements of section 12-3-19 of this title.
(Ord. 146, 9-22-2016; Ord. 174, 10-14-2021; Ord. 180, 11-15-2022; Ord. 184, 7-10-2023)

12-5-7: COMMERCIAL USE TABLE:

   P = Authorized; S = Specially permitted; [vacant] = Prohibited use
Use
Residential
Suburban
Rural Residential
Agriculture
Commercial
Use
Residential
Suburban
Rural Residential
Agriculture
Commercial
Daycare centers
S
S
S
S
S
Equipment service and repair business
S
Home occupations, Tier 1
P3
P3
P3
P3
P3
Home occupations, Tier 2
S3
S3
S3
S3
P3
Hotels, motels and motor inns
S
Light manufacturing, processing and fabrication
S1,2
Professional offices
S
S
S
S
S
Radio, TV or broadcast stations facilities
S
Residential lodging
S
S
S
S
S
Retail, service or repair business, including eating and drinking establishments
S
Veterinary hospitals, clinics
S
Warehouse, ministorage
S
 
Notes:
All uses shown above shall be required to follow any standards listed within this title and any of the following as specifically enumerated in the above table.
1.   Minor changes in occupancy in commercial buildings shall be allowed, provided the change does not result in the expansion of building or creation of new or expanded outdoor sales, work or storage area.
2.   All manufacturing activities shall be contained indoors. Manufacturing activities shall not include mining extractions or operations.
3.   Home occupations are subject to the specific standards of section 12-7-2 of this title.
(Ord. 146, 9-22-2016; Ord. 180, 11-15-2022)