The primary intent of this section of the Land Development Ordinance is to establish the Downtown District and create a regulatory framework to implement the 2006 Transit Oriented Development Plan (TOD Plan) for the downtown area.

The downtown districts comprise subareas 1, 3 and 5 of the TOD Plan and include the train station and its surrounding properties, retail uses on Blackwell Street, and the surface parking lots owned by the Town and NJ Transit. The zone boundaries of the downtown districts generally follow the subarea boundaries established in the TOD Plan (see Zoning Map[2]) and the Dover Historic District boundary. The key principles of each subarea, and the character defining elements of the Historic District, are translated into district goals of the respective downtown district.

The Downtown District is composed of the D1 Station Area District, D2 Blackwell Street Historic District, D3 East Blackwell Business District, and D4 South Downtown District, which form the basis of a comprehensive change to the zoning within the Downtown. The land development regulations for the downtown districts are "form-based" and place greater emphasis on the form of a building, rather than the use of a development site (or sites), and are meant to achieve predictable physical outcomes. They regulate the form, placement and design of private buildings in order to shape the public realm — the space between buildings. These form-based regulations will facilitate new development in Dover while remaining respectful of the historic integrity of the Town.

Specific objectives of the downtown districts are:

District Regulating Map 1 – Downtown Districts (Regulating Map 1).[3]

District Regulating Map 2 – Civic Spaces and Public/Quasi-Public Overlays (Regulating Map 2).[4] The designated overlays are established by the District Regulating Map 2 – Civic Spaces and Public/Quasi-Public Overlays (Regulating Map 2), Figure 236-17.1B Regulating Map 2 shows the location of designated civic buildings, civic spaces, new rights-of-way, and public parking. The purpose of this map is to reserve specific areas within the downtown for the creation of public improvements including civic spaces, civic buildings, new rights-of-way and public parking. Development within these overlays shall be limited to the creation of civic spaces and public/quasi-public buildings, irrespective of the provisions of downtown districts. Development in the designated overlays is regulated as follows:

District Regulating Map 3 – Building Heights.[5] The District Regulating Map 3 – Building Heights, Figure 236-17.1C, illustrates the maximum building height in stories and feet permitted in each Downtown District. The height regulations shall apply to new construction as well as the future demolition and replacement. The height regulations shall not apply to any existing buildings within the Historic District. Any deviation from the Height Regulating Map requires a variance either from N.J.S.A. 40:55D-70c or 40:55D-70d in accordance with the Municipal Land Use Law.

Downtown districts. This subsection establishes the primary goals and the general development regulations, including permitted uses, lot sizes, setbacks, building heights, and the location of parking in each downtown district. Permitted uses are provided by downtown district and building type, in the Permitted Uses by Building Type Summary Table. Any deviation from the principal permitted uses requires a "d" variance.

Building types.

Frontage types. The permitted frontage types include shopfront and awning; stoop; terrace; and arcade. Building frontage essentially defines the way a building relates to the public realm. Frontage types are intended to regulate the ground-level frontage of a building, along a public street or a public space and to ensure that its interface with the public realm and the transition between the two are detailed properly. In this code, frontage types are permitted by downtown district, building type as well as the building use provided at the street level. Any deviation from the design requirements of a permitted frontage type shall constitute a "c" variance.[6]

Street profile specifications and District Regulating Map 4 – street types.[7] Streets within the Downtown are classified as Blackwell Street, Avenue "A," and Avenue "B," based on the function and width of right-of-way. The District Regulating Map 4 – street types, Figure 236-17.1-D, illustrates the primary street types within the Downtown. The Street Profile Specifications illustrate the typical configuration of streets and street segments within the Downtown. These specifications address vehicular lane widths, sidewalks, on-street parking, tree planting areas, bike lanes, and placement of street furniture and lighting. The respective street profile diagrams guide the street types.

Architectural standards. The Architectural Standards regulate the architectural elements of a building and set the parameters for configurations, styles, construction techniques, and desired materials. The standards also regulate the design of various elements of the buildings within the districts, including facades, roofs, fences, walls, and awnings. From a regulatory perspective, they shall be considered design standards, and deviations shall be considered design standard waivers.

Sustainability/"green design" regulations for downtown districts. This section of the code provides the necessary steps in creating a sustainable, mixed-use, pedestrian-friendly environment that protects and enhances natural resources while providing individuals and families with safe, healthy and comfortable places to live, work, and recreate.

Streetscape standards. The Streetscape Standards are meant to guide public investment in streetscape improvements and to assist property owners and developers in designing their own building's relation to the public realm. These standards specify the allowable planters, trash cans, bike racks, bus stops, lighting, and paving materials.

Definitions. This section contains a glossary of technical terms that are specific to the downtown districts.[8] Article II, Definitions and Word Usage, shall be the primary source of all other definitions. In case of a conflict in usage of words, the definitions in this code shall supersede Article II.

The code for the Downtown has been designed to be user friendly. The provisions of the downtown districts can be verified in seven simple steps:

Table 236-17.1-1 is a list of regulatory maps and summary tables:

D1 Station Area District.

D2 Blackwell Street Historic District.

D3 East Blackwell Business District.

D4 South Downtown District.

Allowable building types.

Permitted uses by building type. The permitted uses within downtown districts are defined by building type. Table 236-17.1-3 summarizes the permitted uses.

Commercial block (CO). The commercial block is the most predominant building type found on Blackwell Street. It is typically a mixed-use building with retail uses at the street level and residential uses in the upper floors. These buildings are generally built up to the street without any side yard. The three predominant variants of the commercial block among existing buildings in Downtown are the twenty-five-foot- to thirty-foot-wide building, fifty-foot- to sixty-foot-wide building, and one-hundred-foot- to one-hundred-twenty-five-foot-wide building.

Liner buildings (LB). A liner building is a mixed-use structure which is generally parallel to the street and designed to enclose a functional core such as a parking garage and shield the visibility of such structures from a public street, plaza or park. A liner building may include commercial, office, and/or residential uses. Entrances to liner buildings are provided in the form of a common lobby at the ground floor for access to upper-story residential and office spaces and as private front doors to access ground-level unit and street-level entrances to retail spaces. If the liner building encloses a parking structure, the rooftop space of the parking structure may be designed as a green roof, which would serve as residential amenity.

Townhouse (TH). A townhouse is one in a series of one-family dwelling units that are attached vertically by common fire- and sound-resistant walls. Parking for a townhouse may be provided within the unit and accessed from a rear alley or as a common surface lot or parking structure within the townhouse development.

Courtyard building (CY). A courtyard building, as permitted by this code, is a mixed-use residential building with dwelling units arranged around an internal courtyard. The internal courtyard is a residential park area/green roof built on top of an embedded or underground parking deck and is designed to be an extension of Crescent Field. This building type is permitted only east of Orchard Street, and the internal courtyards within these buildings may only front onto Crescent Field.

Corner building (CR). This is a variant of the commercial block designed to create signature buildings on corner lots at prominent intersections. This building type is allowed a greater height and a larger building footprint than the commercial block. It is typically a mixed-use building with retail uses at the street level and residential uses in the upper floors.

Civic building (CI). This is a building type designed to accommodate public and quasi-public uses. Civic buildings are intended to accommodate community service uses such as a place of worship, a library, a community hall, a historical (or other) society building, etc. These buildings are intended to become identifiable landmarks within the Town, and hence the quality and style of architecture shall be of great importance.

Multifamily building (MF). This is a multifamily residential building type designed to provide housing opportunities within the Downtown and close to mass transit. The street frontages of these buildings shall be characterized by quality landscaping along the street edge and multiple street-level entries to create opportunities for social interaction.

Allowable frontage types. Street-level building frontages are closely related to the building type, the building use at the street level, and the desired characteristics of a specific downtown district. Hence, the allowable frontage types are provided as a combination of these three parameters. The permitted frontage types are mutually exclusive: no two frontage types can be combined. Table 236-17.1-4 summarizes the allowable frontage types by downtown district, building type, and building use at the street level.

Shopfront and awning.

Stoop.

Terrace.

Arcade.

Blackwell Street.

Avenue "A."

Avenue "B."

Nonvehicular ways.

Building frontage.

Public parking.

Parking requirements.

Open space and buffers.

Outdoor uses.

Exterior walls. All exterior walls shall be clad with building materials that are durable and appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation from a wide variety of architectural styles but should be complementary to the historic buildings within the Downtown.

Principal facade walls.

Roofs.

Plazas and courtyards. New commercial buildings are generally oriented to public sidewalks. This subsection addresses other public open spaces that also can affect the orientation of commercial buildings.

Signage. Signage shall be provided in accordance with § 236-38.1, Signage, Awnings and Canopies in C-1 and C-3 Districts.

Energy efficient building design (where applicable).

Transportation emissions. Transportation generates approximately 31% of total carbon emissions. Facilities are encouraged to increase use of alternative modes such as walking, biking, transit, and carpooling and thereby reduce vehicle use and carbon emissions. Where feasible:

Renewable energy. Where feasible, solar panels shall be provided on rooftops to capture renewable energy. Such rooftop installations shall be screened from view.

Energy efficient infrastructure. To the extent feasible:

Reflectivity and heat island effects. To the extent feasible:

Landscaping.

Street trees.

Shade trees. The shade trees listed in § 236-96, Schedule A: Preferred Tree List, prepared by the Dover Shade Tree Commission are permitted by right. Other trees may be submitted as an alternative if the alternative accomplishes the stated purpose.

Tree grates.

Planters.

Benches.

Bicycle racks.

Trash cans.

Bus shelters.