Dover City Zoning Code
§ 236-21.1
R-1S Steep Slope Single-Family District.
[Added 7-9-1996 by Ord. No. 22-1996]
The purpose of this zone is to protect the remaining environmentally sensitive steep slope land of the Town by controlling density and encouraging cluster development.
A.
Density. The maximum permitted density in the R-1S Zone shall be 1.5 units per acre.
B.
Principal uses. Principal uses shall be as follows:
(1)
Single-family dwelling.
(2)
Boarding- and rooming houses for not more than two roomers, boarders or lodgers.
(3)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for six or fewer persons, excluding resident staff.
D.
Conditional uses as stipulated in § 236-40, Conditional uses, shall be as follows:
(1)
Public utility buildings, structures or facilities.
(2)
Satellite antennas.
(3)
Public parks and playgrounds.
(4)
Professional occupations.
(5)
Community buildings or centers
(6)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for more than six persons, excluding resident staff.
E.
Bulk requirements.
(1)
Every lot in an R-1S district shall have a minimum width of 100 feet at the street line and a minimum area of 30,000 square feet. Every principal building shall be provided with 2 side yards totaling 30 feet in width. The minimum width of 1 of the side yards shall not be fewer than 10 feet. In the R-1S District, the required front yard must be met on both sides for corner lots.
(2)
No principal building shall be closer than 50 feet to the rear lot line or closer than 35 feet to the street line.
(3)
Lot coverage shall not exceed 30% or 20,000 square feet, whichever is smaller.
(4)
Lot disturbance shall not exceed 50% or 20,000 square feet, whichever is smaller.
F.
Height limits. No building or structure in the R-1S District shall exceed 35 feet in height.
G.
Minimum floor area. Every new residential building in an R-1S district shall have a minimum gross first floor area of 1,000 square feet per dwelling unit.
H.
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
I.
Cluster development option.
(1)
Cluster development is development based on an overall density for the entire tract with the dwelling units generally located on individual lots reduced in size so that higher densities result in segments of the tract, with common open space, common property or open space generated on the remainder of the tract. Cluster development will be permitted, and is encouraged in the R-1S District, provided that the maximum permitted density of development shall be 1.5 units per acre and it is developed in accordance with the following requirements.
(2)
Development standards.
(a)
All lots in a cluster development shall meet all other requirements of the R-1S District unless modified herein.
(b)
The minimum tract size where a cluster development option may be considered shall be 15 acres. The Planning Board may permit cluster development on a tract smaller than 15 acres if there is a particular public purpose to be served or environmental advantage to be gained.
(c)
The option as to whether a particular tract is suitable for development utilizing the cluster option shall rest with the approving agency. Any application proposing to utilize the cluster option shall first present to the approving agency a concept plan showing the alternative conventional development to assist in determining the suitability of the tract for the cluster development proposed. The approving agency shall make a specific finding and conclusion as to the suitability for the tract to be developed with the cluster option and shall adopt the finding by resolution prior to hearing testimony or acting on the subdivision. In reaching its decision, the approving agency shall take into account the environmental constraints of the proposed site, the size, shape and proposed use of any and all open space parcels created, the alternative conventional development plan and the effect of the proposed development on the Master Plan of the Town of Dover.
(d)
Every lot in a cluster development in the R-1S District shall have a minimum width of 75 feet at the street line and a minimum area of 10,000 square feet. Every principal building shall be provided with 2 side yards totaling 20 feet in width. The minimum width of 1 of the side yards shall not be fewer than 10 feet.
(e)
No principal building shall be closer than 35 feet to the rear lot line or closer than 35 feet to the street line.
(f)
Lot coverage shall not exceed 40% or 10,000 square feet, whichever is smaller.
(g)
Lot disturbance shall not exceed 90% or 15,000 square feet, whichever is smaller.
(h)
The maximum infrastructure disturbance for cluster developments shall be 10% of the entire tract area under consideration. For the purposes of this section, the term "infrastructure disturbance" shall mean the percentage of the tract which is required to be disturbed in order to construct the required public and/or common improvements, including but not limited to roadways, sidewalk, water supply facilities, stormwater management facilities, sanitary sewer facilities and other such improvements, whether proposed for dedication to the Town or proposed for private ownership.
(3)
Open space provisions.
(a)
All open space areas created shall be a minimum of three acres in size, unless it is proposed to attach an open space parcel to an existing parcel of open space, in which case the minimum size shall be determined by the approving agency. Open space areas shall be developed for active recreation when and where deemed appropriate by the approving agency.
(b)
Open space areas created shall be made available to the Town for public dedication. The approving agency shall consider the suitability and adaptability of the land for the purpose or purposes proposed, including physical characteristics, geographical location, accessibility, relationship to the Master Plan, expenditures required to improve said land or otherwise make it suitable, for the use proposed and all other factors which would normally be considered if such lands were being considered for purchase instead of acceptance for cluster development credit and report its findings to the Town governing body.
(c)
The Town governing body shall make the final determination as to whether lands proposed for public open space are suitable for dedication. The Town governing body shall provide the Planning Board with a report of its determination as to the suitability of the open space for dedication.
(4)
Homeowners' association provision.
(a)
All open space areas created which are not deemed necessary or suitable for dedication to the municipality shall be deeded to a homeowners' association for the benefit of the development, comprised of each of the owners of the individual lots created.
(b)
Membership in the association shall be mandatory for all lot owners, and the final map creating the open space parcels shall contain a notation that all such open space parcels created are dedicated to open space use in perpetuity, and future resubdivision or other use of the parcels created is specifically prohibited.
(c)
The Articles of Incorporation creating a homeowners' association, the bylaws and the declaration of covenants, conditions and restrictions shall be submitted to the Town Attorney for his review and determination of adequacy as to form. The documents listed above shall contain at least the following minimum provisions:
[1]
Mandatory membership of all lot owners.
[2]
Monthly maintenance fee adequate to provide for taxes, maintenance and the operation of any and all common facilities.
[3]
Right of the Town to perform any necessary maintenance, etc., and to assess the costs, as a tax lien against each individual homeowner should the association fail to meet its responsibilities.
[4]
The association shall not be dissolved, nor shall it dispose of any open space by sale or otherwise.
[5]
The developer shall be responsible for the taxes and maintenance of any open space or common facilities until such time as a homeowners' association has been formed and is functioning.
(5)
Approval procedure.
(a)
Any applicant wishing to utilize the cluster development option shall submit a sketch plat showing the proposed cluster lot arrangement and a concept plan showing the alternative conventional development.
(b)
The applicant shall also submit a summary environmental impact statement in sufficient detail for the approving agency to make an informed judgment as to the merits of the cluster proposal, the proposed disposition of the open space lands created and the environmental advantages of the proposed development plan.
(c)
The approving agency shall make a determination as to the appropriateness of the site for cluster development based on the data submitted and the advice of any appropriate, municipal agencies. If there is a favorable finding by the approving agency, the open space proposal shall be sent to the Town governing body for a determination on the acceptability of any lands for public ownership.