Dover City Zoning Code
ARTICLE X
Signs and Fences
§ 170-50 Sign review and regulations.
[Amended 8-19-2015 by Ord. No. 2015.07.22-017; 10-26-2016 by Ord. No. 2016.10.12-015; 7-22-2020 by Ord. No. 2020.07.08-006; 7-22-2020 by Ord. No. 2020.07.08-007; 9-14-2022 by Ord. No. 2022.08.10-010; 8-9-2023 by Ord. No. 2023.07.12-008; 10-8-2025 by Ord. No. 2025.09.24-2]
The purpose of this section is to create a legal framework for signage regulations that is intended to facilitate a flexible and agreeable communication between people. Such an ordinance acknowledges the need to protect the safety and welfare of the public, the need for a well-maintained and attractive appearance throughout the City of Dover and the need for adequate identification, advertising and communication. While this section recognizes that aesthetics and design quality cannot be satisfactorily legislated, it does, however, operate on the premise that a large percent of that which is unattractive can be eliminated by sensible quality control through maintenance and inspection and by guidelines formulated to minimize clutter.
A.
Permitted signs. No sign shall be permitted within the City of Dover except in accordance with the provisions of this section. See Tables of Use and Dimensional Regulations by District for overview of permitted signs.
B.
Permit required. No sign, other than a residential nameplate or a sign exempted from the permitting requirements of this section as described herein, shall be erected or placed in the City of Dover without a sign permit. Said permit shall be issued by the Zoning Administrator, provided that the sign meets all the regulations of this section, after the submission of an application and a set of plans to an appropriate scale, showing site location, dimensions of any newly proposed and existing sign on the premises, method of illumination, if any, and types of materials to be used in construction. Replacement of existing signs and support structures, where the area, location or materials are being altered, shall require a permit, and such replacement shall conform to the regulations of this section.
C.
General provisions. All signs shall conform to the following regulations:
(1)
Sign location. Signs shall relate only to the premises upon which they are located, excluding temporary signs as regulated in Subsection O.
(2)
All signs shall be constructed, erected and maintained so as not to present a hazard to persons and property.
(3)
All signs shall be erected in such a manner so as not to obstruct free and clear vision along or onto a public right-of-way.
(4)
All signs shall be erected in such a manner so as not to obstruct the view of, be confused with or mistaken for any authorized traffic sign, signal or like device.
(5)
The illumination of any sign shall be nonflashing; spot- or floodlights shall be arranged so that the direct rays of light do not shine or reflect directly into adjacent properties or the line of vision of a motorist.
(a)
Flashing signs are prohibited.
(b)
Illuminance of the sign face shall not exceed the following standards:
[1]
External illumination: 50 footcandles as measured on the sign face.
[2]
Internal illumination: 5,000 nits (candelas per square meter) during daylight hours, and 500 nits between dusk and dawn, as measured at the sign's face.
[3]
Direct illumination: 5,000 nits during daylight hours, and 500 nits between dusk and dawn, as measured at the sign's face.
(6)
The top edge of a wall sign shall be at least one foot below the top of the wall or parapet wall. The top edge of a roof sign shall be at least one foot below the roof ridge or the highest point of the roof if no ridgepole exists.
(7)
No sign shall be painted or affixed with adhesive directly on the surface of a building.
(a)
Window decals (such as: adhesive; labels; placards) are not permissible when affixed on the outside of a window, but are, generally, allowed when affixed to the inside.
(8)
Rotating signs or beacons, waving pennants or whirling devices are prohibited.
(10)
All signs are prohibited within the public right-of-way, except as otherwise provided in this section.
(11)
The terms of this section shall not apply to signs being necessary for the public welfare and, as such, are required by the municipal, state, or federal government.
(12)
The material and construction of any sign or supporting elements shall be in accordance with the building and electrical codes (in use by the City at the time of installation) and all other applicable City regulations.
(13)
On a corner lot, no freestanding sign or support element shall be erected to materially impede vision between a height of 2 1/2 feet and eight feet above curb grades in the same area bounded by the street lines of such corner lot and a straight line joining points along said street lines 30 feet from point of their intersection except as otherwise provided in this section.
(14)
Essential directional signs not exceeding four square feet in area are permitted indicating entrance and exit driveways. Said signs shall not be subject to the permitting requirements of this section.
(15)
Signs not exceeding two square feet in area are permitted in parking lots indicating aisles or reserved areas or spaces. Said signs shall not be subject to the permitting requirements of this section.
(16)
On a building or project under construction, or on a property currently for sale or rent, one additional sign is permitted and shall conform to the following additional regulations:
(a)
One sign not exceeding 32 square feet is permitted on a building or project under construction. Such sign shall be removed upon the receipt of a certificate of occupancy or upon the expiration of the building permit. An additional one sign not exceeding 32 square feet is also permitted as a temporary development identification sign at the principal vehicular entry point. Said sign shall not be subject to the permitting requirements of this section.
(b)
One sign not to exceed four square feet may be erected on a property currently for sale or rent. Said sign shall not be subject to the permit requirements of this section.
(17)
Wall signs shall conform to the following additional regulations:
(a)
No wall sign shall be located in such a manner so as to extend above the next floor's windowsill or descend below the top of the lower floor's lintel.
(b)
In all nonresidential zoning districts where a business/premises fronts on more than one public street or municipal parking lot, one wall sign shall be permitted upon each frontage. The sign area displayed shall not exceed that area permitted by the frontage on that public street or parking lot.
(c)
In all nonresidential zoning districts, one informational/directional wall sign shall be permitted for each building entryway. Said sign shall not exceed four square feet in area and shall not be illuminated. Said sign shall not be subject to the permitting requirements of this section.
(18)
All freestanding signs shall conform to the following regulations:
(a)
No freestanding signs shall be located in an area designated for parking unless said sign is protected along all sides by curbing. A four-foot clear space is required along all approaches.
(b)
No freestanding sign shall be placed within 50 feet of a low-density residential district (R-40, R-20) boundary.
(19)
All projecting signs shall conform to the following additional regulations:
(a)
Projecting signs shall be attached to the main wall of the building.
(b)
Projecting signs shall be prohibited from projecting over a street, alley or other public space beyond four feet eight inches from a building facade or 2/3 of the width of the sidewalk, whichever is less.
(c)
A clear space of not less than 10 feet shall be provided below all parts of a projecting sign, except for residential nameplates.
(d)
In all nonresidential zoning districts where a business/premises fronts on more than one public street or municipal parking lot, one projecting sign shall be permitted upon each frontage. The sign area displayed shall not exceed that area permitted by the frontage on that public street or parking lot.
(20)
Awnings may be used in lieu of permitted wall signs, provided said letters, insignia or emblems do not exceed the square footage allowed for a wall sign in the applicable zoning district.
D.
Signs permitted in residential districts. Any sign permitted in a residential district shall conform to the following regulations (see tables for overview of permitted signs):
(1)
Customary home occupation signs shall identify only the name of each occupant and the street address. Said sign shall not exceed two square feet and shall not be subject to the permit requirements of this section.
(2)
One sign not to exceed 16 square feet may be erected in connection with any legally permitted nonresidential use, excepting home occupations and bed-and-breakfasts.
(3)
One sign may be erected in connection with a lawfully maintained nonconforming use.
(4)
All nonresidential signs may only be illuminated by constant external illumination. The lighting element shall be shielded and shall illuminate only the sign. No sign shall be illuminated after 9:00 p.m. or before 6:00 a.m.
(5)
One sign not to exceed four square feet may be erected in connection with a bed-and-breakfast.
(6)
No sign shall be located greater than eight feet above the ground, whether freestanding or attached to a building.
E.
Signs permitted in CBD and CWD Districts. (See table for overview of permitted signs.)
F.
Signs permitted in C District. (See table for overview of permitted signs.)
(1)
Freestanding signs.
(a)
Where a principal building fronts on more than one street, one freestanding sign may be erected upon each frontage, provided that the building complies with applicable setbacks.
(b)
One freestanding sign shall be permitted for every principal entryway to a shopping center. Such signage shall be a distance of 500 feet apart.
(c)
Each freestanding sign shall not exceed 16 feet in height, except as provided for below, and shall be permanently affixed to the ground. Notwithstanding, freestanding signs fronting on the Spaulding Turnpike shall not exceed 30 feet in height.
(d)
Notwithstanding, no freestanding sign shall be allowed on Old Rochester Road.
G.
Signs permitted in O and Gateway Districts. No sign shall be illuminated after 9:00 p.m. or before 6:00 a.m. (See table for overview of permitted signs.) Signs shall only be illuminated by constant external illumination. The lighting element shall be shielded and shall illuminate only the sign.
H.
Signs permitted in CM District. (See table for overview of permitted signs.)
(1)
Freestanding signs.
(a)
Where a principal building fronts on more than one street, one freestanding sign may be erected upon each frontage, provided that the building complies with applicable signage setbacks.
(b)
Two freestanding development identification signs shall be permitted per approved industrial park, provided that the combined square footage of such signs does not exceed 500 square feet in area and that, if on a corner lot, such signs shall be set so as to not materially impede vision.
I.
Signs permitted in IT District. (See table for overview of permitted signs.)
(1)
Freestanding signs.
(a)
Where a development fronts on more than one public street or roadway, one freestanding sign shall be permitted upon each frontage.
(b)
Each freestanding sign shall not exceed 16 feet in height, except as provided for below, and shall be permanently affixed to the ground. Notwithstanding, freestanding signs fronting on the Spaulding Turnpike shall not exceed 30 feet in height.
(c)
Sign area shall not exceed 60 square feet in area. Notwithstanding, a freestanding sign fronting the Spaulding Turnpike shall not exceed 100 square feet in area.
J.
Political advertising signs. Political advertising signs are permitted per the political advertising sign provisions of state law.
K.
Obsolete signs. Any sign which is located on property which becomes vacant and unoccupied for a period of more than six months shall be deemed to have been abandoned, and the sign shall be considered obsolete. Such obsolete signs are prohibited and shall be removed by the owner of the sign or owner of the premises. In the event that the said sign(s) and support(s) are not removed as requested by the Zoning Administrator, the City of Dover may remove said structure(s) and assess all costs and expenses incurred in said removal against the structure's owners and/or the owner of the land upon which said structure(s) is located.
L.
Nonconforming signs. A sign installed prior to the effective date of this section which meets the applicable requirements of the Zoning Code then in effect but which is not in conformance with the provisions of this code shall be deemed a permitted nonconforming sign. Such nonconforming sign shall, however, be subject to the following regulations:
(1)
No nonconforming sign shall be altered in any way, in structure or material, which makes the sign less in compliance with the requirements of this section than it was before the alterations.
(2)
No nonconforming sign shall be relocated to a position making it less compliant with the requirements of this section.
(3)
Nonconforming freestanding signs and projecting signs may be replaced upon approval of a sign permit application, provided that the support structure of the sign remains in place and the dimensions of the sign are the same or smaller. If any other nonconforming sign is replaced, it shall be replaced in total with a sign that is in conformance with the provisions of this section.
(4)
Should a nonconforming sign be destroyed by any means to an extent of more than 75% of its replacement cost at the time of its destruction, it shall not be reconstructed except in conformity with the provisions of this section.
M.
Mill motif design criteria.
(1)
Intent.
(a)
A recurring architectural theme exists within the Central Business District, where the use of brick, granite and slate dominates much of the existing commercial building stock. Influenced by the early 19th century mill development, signage was closely integrated with the style and composition of the building, often consisting of handsomely carved and painted wooden signboards. The use of dark background tones, highlighted with bright lettering, was dominant. Projecting signs were typically constructed from dark-hued metal, cast iron in particular, and internal lighting or use of plastics, aluminum and vinyl was nonexistent.
(b)
The use of a mill motif signage theme is an attempt to promote a style of architectural continuity within Dover's urban center. Within the defined mill motif theme, a great amount of flexibility is permitted where design and materials are involved, and all signage should be guided by general design criteria.
(2)
Sign location. Every sign shall be required to be an integral part of its building. Signs shall be located with respect to the basic architectural framework of the building, so as not to obscure the primary elements (door and window openings and decorative facade treatments) of a building's framework.
(3)
Sign composition.
(a)
Lettering.
[1]
No more than one font shall be permitted per sign. More than one size is permitted.
[2]
Letters may be attached to the building facade.
[3]
Light-colored letters on a dark background are required.
[4]
Lettering shall be located so as not to obstruct architectural detailing on the building face.
[5]
Product trademarks are not permitted. Generic trade symbols (e.g., a shoe for a cobbler, a mortar and pestle for a druggist) are permitted.
[6]
Letter styles shall be limited to the classic genre, i.e., Copperplate Gothic, Times, Franklin Gothic, Benton, Clarendon, Haas Helvetica, Folio Caravelle Medium, Windsor, and Times Roman.
[7]
The size of the lettering shall be in proportion to both the sign configuration and the building.
(b)
Color.
[1]
No more than three colors are preferred, plus black and white. Differences in shade or hue are considered different colors. Lettering is limited to one color.
[2]
Colors used in signage should relate to the color composition of the building material and be compatible with them.
[3]
The determination of sign color must relate to the degree of contrast between the sign lettering and sign background.
(d)
Materials.
[1]
The appearance of traditional materials, such as wood, glass, brass, bronze or iron, is required.
[2]
Wooden signs shall be constructed of dense, clear wood that adapts to engraving/carving and paint or stain. The use of plywood shall be limited to overlay, exterior or marine plywood.
[3]
Projecting signs shall be supported by black, iron attachments to the building. Guy wires shall not be permitted as a principal sign support member.
[4]
No support for a projecting sign shall extend above the cornice line of the building to which it is attached.
(4)
Permit process.
(a)
The Zoning Administrator shall be responsible for the issuance of sign permits relative to mill motif accessory signs. Application for said signs shall include the following items:
[1]
A scaled elevation drawing of the entire building facade(s).
[2]
Proposed sign clearly delineated on the elevation drawing.
[3]
Detailed drawings indicating materials, size, colors and style of lettering, lighting and attachment method.
[4]
A photograph of the building.
[5]
A sample color rendering of the intended sign.
(b)
Upon completion of the review, the Zoning Administrator will approve or disapprove the application and inform the applicant of the decision, in writing.
N.
Fees for the review of signage are set annually and may be found in the City's Fee Schedule.
O.
Temporary signs. No temporary sign shall be erected or placed in the City of Dover without a temporary sign permit issued by the Planning and Community Development Department, except as noted in Subsection O(1)(b). The following regulations shall apply:
(1)
Temporary signs are prohibited in all residential zoning districts (R-40, R-20, R-12, RM-SU, RM-U, HR, and CBD-R). Where permitted temporary signs are subject to the following regulations:
(a)
Temporary signs allowed with one-week permit. A lot or tenant may obtain a temporary sign permit for one week, provided that all of the following conditions are met:
[1]
One-week temporary sign permits are valid for a consecutive seven-day period and may be obtained once every three months, for a maximum of four one-week temporary signs per year. If the permit is not used in one quarter, it shall not be carried over to the next quarter.
[2]
The temporary sign shall be limited to 24 square feet in size and shall not be placed in such a manner so as to create a traffic or safety hazard. Banner-type temporary signs are permitted only in the C Zoning District, with the exception of grand opening signs.
[3]
The temporary sign shall be removed within 24 hours after the end of the approved display period. If the temporary sign or banner is not removed within 24 hours, the temporary sign or banner may be removed by the City of Dover.
(b)
Temporary signs allowed without a permit. One A-frame sandwich board temporary sign is permitted per lot or tenant and does not require a permit, provided all of the following conditions are met:
[1]
The temporary sign is not located on a City sidewalk or within a public right-of-way.
[2]
The maximum size of the temporary sign is eight square feet.
[3]
The temporary sign must be placed directly in front of the building at a distance no greater than two feet from the building and must not impede pedestrian or handicapped access to the business or adjacent businesses.
(c)
Temporary signs allowed with annual permit. One temporary sign shall be permitted per each principal building. Buildings with an excess of 100 feet of street frontage shall be permitted one additional temporary sign per every additional 100 feet of street frontage. See District Tables of Use for additional requirements.
[1]
If the temporary sign is located on a City sidewalk or within a public right-of-way directly in front of the building, the requirements in Subsection O(1)(d) must be met.
[2]
The following additional regulations shall apply to temporary signs located in the CBD-General District:
[a]
The structure of the temporary sign must consist of medium density overlay plywood, or a similar durable, wood-like material which can withstand the weather, or metal (except as supplemented by material for changeable messages; see below). The use of other materials is permitted if styled and composed to imitate wood or metal.
[b]
Any graphics, lettering, words, numbers, messages and/or symbols on the temporary sign shall be applied directly onto the surface of the sign and/or shall be made with sign plastic film.
[c]
The material for changeable messages shall be either chalkboard or dry-erase board. Temporary signs with moveable slide-in plastic letters are not permitted.
[d]
Temporary signs using stencils or spray paint are not permitted.
[e]
Temporary signs may not be painted traffic yellow or construction-zone orange or use any reflective or fluorescent materials.
(d)
Temporary signs located on a City sidewalk or within a public right-of-way. Temporary signs located on a City sidewalk or within a public right-of-way shall meet the following requirements:
[1]
A certificate of insurance in the amount of $100,000 (bodily injury/property damage) shall be filed as part of the temporary sign permit application to ensure sufficient liability coverage of the applicant.
[2]
A hold harmless certification letter shall be filed as part of the temporary sign permit application to relieve the City of Dover from bodily injury and property damage liability.
[3]
Temporary signs shall only be displayed during business hours.
[4]
A five-foot clear passageway must be maintained at all times.
[5]
Temporary signs shall be located directly in front of the building or in front of the space within the building occupied by the temporary sign owner.
(2)
Community signs. With a permit, temporary signs may be located in the public right-of-way at Central Square, Weeks Crossing, and the intersections of Durham Road and Back River Road, Sixth Street and Indian Brook Drive, and Knox Marsh Road and Littleworth Road, provided that the following requirements are met:
(a)
Community signs shall be A-frame/sandwich board type and no larger than six square feet in area and no greater than three feet in height.
(b)
No more than three permits shall be issued per location, per display period.
(c)
Each week of the year shall constitute one display period. No applicant will be issued a community sign permit for more than 12 display periods per calendar year.
(d)
Applications for community sign permits will be accepted by the Planning and Community Development Department only during the week prior to the display period. Applications will not be accepted in advance unless an entire calendar year's display schedule and payment of fees are submitted by the applicant. Permits will be granted on a first-come, first-served basis.
(e)
Applications must be signed by the property owner (applicant or applicant's landlord) and shall include:
(f)
A display period sticker will be issued with the community sign permit and shall be affixed to the lower right corner of the sign face.
§ 170-51 Fence review and regulations.
[Amended 6-22-2016 by Ord. No. 2016.06.08-010]
A.
Fence heights. No person or other entity shall erect or cause to be erected a fence exceeding four feet in height between the right-of-way and either 10 feet from the right-of-way or a line parallel with the front of the house closest to the right-of-way, whichever is less. Fences may be up to eight feet in height for the remainder of the lot. Height is measured from ground level.
B.
Fence design.
(1)
The finished side of a fence shall face outward from the property on which the fence is located. The side of a fence containing the posts or poles and other bracing appurtenances shall face inward to the property being fenced in or on which the fence is located. When erected on a property or lot boundary line, all of the fence and any of its supporting structures or appurtenances shall be contained within the lot or property of the person erecting said fence.
(2)
On a corner lot, no fence or vegetal elements shall be erected or placed in such a manner(s) as to materially impede vision between that area bounded by the street lines of such corner lot and a straight line joining points along said street lines 30 feet from the point to the intersection. For corner lots that are located on the inside curve of streets and at intersections that are not perpendicular, adequate and safe sight distances in both directions, as determined by the Zoning Administrator, shall be provided. Property owners shall maintain vegetation such that it does not grow to limit sight distance.
C.
Exceptions. The provisions described in Subsection A shall not apply in the Commercial Manufacturing (CM), Commercial (C), Central Business (CBD), Gateway (G), Office (O), and Cochecho Waterfront (CWD) Zoning Districts, or whenever the Zoning Board of Adjustment, as a condition attached to the granting of a variance or special exception to this chapter, requires for screening purposes a fence exceeding eight feet.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012; 7-22-2020 by Ord. No. 2020.07.08-007]