Dover City Zoning Code
ARTICLE XI
Nonconforming Uses and Structures
§ 170-52 Nonconforming uses of land. [1]
Where, at the time of passage of this chapter, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided that:
A.
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, with the exception of a single-family structure. Said single-family structure may be expanded up to 20% of its gross habitable floor space, provided the addition conforms with all other applicable regulations and ordinances and no additional units are created.
B.
No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
C.
If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months or for 24 months during any three-year period, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
D.
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land with the exception of accessory structures associated with a single-family house, provided they comply with all other applicable City ordinances and regulations.
§ 170-53 Nonconforming structures.
[Amended 8-22-2018 by Ord. No. 2018.08.08-009; 10-13-2021 by Ord. No. 2021.09.08-006; 10-8-2025 by Ord. No. 2025.09.24-2]
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height or yards, its location on the lot or other requirements concerning the structure may be continued so long as it remains otherwise lawful, subject to the following:
B.
A building or structure nonconforming either in terms of use or bulk may be restored to its former bulk if destroyed by fire, other hazard or if it is determined by the building official to be a hazard to persons or buildings abutting it, provided that restoration of the structure is begun within 12 months after the act of destruction. All such structures in use at the time of destruction for agricultural purposes shall be exempt from the provisions of this subsection, provided that such reconstruction, alterations or repairs are in compliance with the provisions of Subsection A.
C.
Should such structure be intentionally moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
D.
Additions to nonconforming single-family structures that were made nonconforming by a zoning amendment that changed the front, side or rear setback requirements shall be permitted within the front, side or rear setback areas, provided that the addition is no closer to the lot line than the existing nonconforming structure, or is no closer than six (6) feet from the lot line, whichever is greater.
E.
For nonconforming single-family structures that were made nonconforming by a zoning amendment that changed the front, side or rear setback requirements, accessory structures that are less than one story in height shall be permitted within the front, side or rear setback areas provided that the accessory structure is no closer to the lot line than the existing nonconforming principal structure, and no closer than five feet to the lot line, and has no windows on the side of the building facing that encroached area.
§ 170-54 Repairs and maintenance.
[Amended 8-22-2018 by Ord. No. 2018.08.08-009]
On any nonconforming structure or portion of a structure containing a nonconforming use, ordinary repairs may be made, subject to the following provisions: if a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is so declared by the Housing Standards Board to be unsafe or unlawful by reason of physical condition, an owner shall be able to restore, repair or rebuild it within six months of said determination, in its existing location, unless an extension is granted by the Housing Standards Board. Otherwise, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. Any duly authorized official charged with protecting the public safety may rightfully order a structure to be secured to a safe condition.
§ 170-55 Uses permitted by special exception.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through the Zoning Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.