Dover City Zoning Code
ARTICLE II
Land Use and Overlay Districts
§ 145-8 Establishment of districts.
A.
Land use districts. For the purpose of this chapter, the Town of Dover is hereby divided into the following land use districts:
(1)
Rural District (RU). The purpose of this district is to promote agriculture and compatible open space and rural uses by discouraging large-scale residential development.
(2)
Resource Conservation District (RC). The purpose of this district is to encourage forestry, recreation, land conservation, and very-low-density residential uses where agriculture is not a significant use and intensive residential development is undesirable.
(3)
Hamlet Mixed-Use District (HM). The purpose of this district is to maintain the traditional scale, density, and mixed-use character of existing hamlet core areas and to allow them to expand and become more economically viable.
(4)
Hamlet Residential District (HR). The purpose of this district is to maintain the traditional scale, density, and character of hamlet residential neighborhoods surrounding the hamlet cores and to allow expansion into surrounding land areas that are within walking distance from the hamlet centers.
(5)
Suburban Residential (SR). The purpose of this district is to maintain the character of existing suburban-density residential developments and to allow a limited extension of suburban growth patterns.
(6)
Highway Commercial District (HC). The purpose of this district is to allow commercial uses that rely heavily on automobile and truck access and that would not be compatible with a hamlet mixed-use area.
(7)
Commercial/Industry/Office Mixed-Use District (CO). The purpose of this district is to allow areas for light industrial, service commercial, office, and research facilities. Such districts may also include, where compatible, housing and limited retail commercial development intended to support the primary uses or to provide adaptive reuses for existing commercial or industrial buildings.
(8)
Industrial/Manufacturing District (M). The purpose of this district is to allow industrial and related uses and adult entertainment, uses that are not compatible with most commercial, office, or residential uses, in isolated and well-buffered locations.
B.
Overlay districts.
(1)
In addition to these land use districts, the following overlay districts are hereby created:
(a)
Floodplain Overlay District (FP). The purpose of this overlay district is to control development within the one-hundred-year floodplain in order to minimize flood damage and protect water resources. This district also incorporates by reference the town's existing Floodplain Protection Local Law.[1] See § 145-13.
(b)
Stream Corridor Overlay District (SC). The purpose of this overlay district is to protect the scenic character and water resource values of the Ten Mile River and its tributaries. See § 145-14.
(c)
Aquifer Overlay District (AQ). The purpose of this overlay district is to protect groundwater resources that provide both public water supplies and drinking water for private wells. See § 145-15.
(d)
Mixed-Use Institutional Conversion Overlay District (MC). The purpose of this overlay district is to provide use and design flexibility to encourage productive reuse of the Harlem Valley Psychiatric Center campus. This district provides greater use flexibility and a procedure for master planned development of this property in a manner that advances the town's development goals. See § 145-16.
(2)
Overlay districts do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated in this chapter. On any given parcel of land, more than one overlay district may apply.
§ 145-9 Zoning Maps.
The boundaries of the land use and overlay districts are hereby established on maps titled "Town of Dover Zoning Map — Land Use Districts and Soil Mining Overlay District" (hereinafter the "Land Use District Map"); "Town of Dover Zoning Map — Overlay Districts" (hereinafter the "Overlay District Map"); and "Town of Dover Aquifer Overlay Districts" (hereinafter the "Aquifer Overlay District Map"), adopted and certified by the Town Clerk, which accompany and are hereby declared to be a part of this chapter. Unofficial photo-reductions of these maps are appended to this chapter for reference purposes only.[1]
A.
Zoning Map amendments. The Official Zoning Maps shall be kept in the office of the Town Clerk and shall be reviewed for accuracy and updated at least once annually by the Town Board or its designee. Changes may be made in district boundaries or other matter portrayed on the Zoning Maps only by a zoning amendment adopted by the Town Board pursuant to Article X of this chapter. Such changes shall be noted by the Town Clerk on the Official Zoning Maps promptly after the Town Board adopts an amendment.
B.
Final authority. Each local law adopting an amendment shall be the final authority as to the current zoning status of lands, structures and uses in the town.
C.
Readoption of maps. At least once every 10 years the Town Board shall readopt the Official Zoning Maps as an amendment to this chapter, which shall become the final authority as to all map amendments preceding such readoption.
D.
Unauthorized map changes. An unauthorized map change made by any person shall be considered a violation of this chapter, punishable under § 145-57 of this chapter.
E.
Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts shown on the Zoning Maps, the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets, highways, or railroad tracks shall be construed to follow such center lines.
(2)
Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.
(3)
Boundaries indicated as following shorelines of ponds and lakes shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.
(4)
Boundaries indicated as following center lines of streams shall be construed to follow such center lines and, in the event of change in the center line, shall be construed as moving with the actual center line.
(6)
Where overlay district boundaries are based upon natural features such as topographic contour lines or aquifer and aquifer recharge areas, such boundaries may be more precisely established through field investigation by a qualified professional.
[1]
Editor's Note: The Zoning Maps are on file at the Town Clerk's office.