Dover City Zoning Code
TITLE FIVE
Zoning Administration
1121.01 DEFINITIONS GENERALLY.
For the purpose of this Zoning Ordinance, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "building" includes the word "structure", and the word "shall" is mandatory and not directory.
(Ord. 40-63. Passed 12-12-63.)
1121.02 ACCESSORY USE.
"Accessory use" means a use or building, such as a garage, naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the land or buildings.
(Ord. 40-63. Passed 12-12-63.)
1121.03 ADMINISTRATIVE OFFICER.
"Administrative Officer" means the Administrative Officer, or his authorized representative, appointed by the Mayor of the Municipality. (Ord. 40-63. Passed 12-12-63.)
1121.04 AGRICULTURE.
"Agriculture" means any agricultural use, including raising of crops, dairying, pasturage, agriculture and animal and poultry husbandry, except the commercial feeding of garbage or offal to swine or other animals. (Ord. 40-63. Passed 12-12-63.)
1121.041 ALLEY.
"Alley" means a minor paved or unpaved roadway used primarily as a means of vehicular service access or parking to the back or side of properties abutting on another street.
(Ord. 1-84. Passed 2-6-84.)
1121.05 APARTMENT.
"Apartment" means a room or suite of rooms intended, designed or used as a residence by a single family. (Ord. 40-63. Passed 12-12-63.)
1121.06 APARTMENT BUILDING.
"Apartment building" means a building designed for or containing apartments or suites of rooms for residence. (Ord. 40-63. Passed 12-12-63.)
1121.07 AUTO AND METAL SALVAGE.
"Auto and metal salvage" means the dismantling, storage, sale or dumping of used motor vehicles or trailers, or parts thereof. (Ord. 40-63. Passed 12-12-63.)
1121.08 AUTOMOTIVE REPAIR.
"Automotive repair" means the repair, rebuilding or reconditioning of motor vehicles, or parts thereof, including collision service, painting and steam cleaning of vehicles.
(Ord. 40-63. Passed 12-12-63.)
1121.09 AUTOMOTIVE SALES.
"Automotive sales" means the sale or rental of new or used vehicles or trailers.
(Ord. 40-63. Passed 12-12-63.)
1121.10 BOARD.
"Board" means the Board of Zoning Appeals. (Ord. 40-63. Passed 12-12-63.)
1121.11 BOARDING HOUSE.
"Boarding house" means a building other than a hotel where, for compensation by arrangement, lodging and/or meals are provided for two or more persons, but not exceeding six persons. (Ord. 40-63. Passed 12-12-63.)
1121.111 BUILDING.
“Building” shall be defined as a permanent fabrication or construction, attached or affixed to land, consisting of a foundation, walls, columns, girders, beams, floors, and a roof, or some combination of these elemental parts, that is intended as a habitation or shelter for people or animals, or a shelter for tangible personal property, and has structural integrity independent of the tangible personal property, if any, it is designed to shelter.
(Ord. 63-01. Passed 12-17-01.)
1121.12 BUILDING, FRONT LINE OF.
"Front line of building" means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps. (Ord. 40-63. Passed 12-12-63.)
1121.13 BUILDING, HEIGHT OF.
"Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. 40-63. Passed 12-2-63.)
1121.14 BUILDING, PRINCIPAL.
"Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated. (Ord. 40-63. Passed 12-12-63.)
1121.15 BUSINESS SERVICES.
"Business services" means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or business. (Ord. 40-63. Passed 12-12-63.)
1121.16 CELLAR.
"Cellar" means a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories. (Ord. 40-63. Passed 12-12-63.)
1121.17 CLINIC.
"Clinic" means a place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons or persons in need of medical or surgical treatment, but who are not kept overnight on the premises. (Ord. 21-87. Passed 5-18-87.)
1121.18 CLUB.
"Club" means a building or portion thereof, or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. (Ord. 40-63. Passed 12-12-63,)
1121.19 COMMISSION.
"Commission" means the Planning Commission of the Municipality.
(Ord. 40-63. Passed 12-12-63.)
1121.20 CONDITIONAL USE.
"Conditional use" means a conforming use of buildings and/or land which, by the nature of it, requires review by the Board as set forth in Section 1127.03 in order to determine its effect upon adjacent existing uses. (Ord. 40-63. Passed 12-12-63.)
1121.200 CONSTRUCTION RELATED BUSINESS.
Any business consisting of any aspect of construction including the maintaining of offices, administration, any places acting as a fixed, permanent or semi-permanent location where workers report for job assignments and from which workers and/or equipment are dispatched to do work and/or to which they report back when work is completed, a location where work relating to any aspect of the construction business is conducted; additionally any location where material, vehicles, machinery and, excepting for wholesale or retail sale, supplies are kept for use on site or in a remote location for any aspect of the construction business pertaining to site preparation, lot clearing (excavation and tree removal), any other construction related excavation, utilities extension, construction of any structure, affixment of any pole, post, standard, tower or other fixed permanent built feature including stand-alone elements such as retaining walls, further, any business primarily pertaining to any of the normally accepted building trades, including but not limited to carpentry, cabinet making, millwork, cladding or siding, framing, joining, roofing, drywall or lath installation, flooring installation, excavation, dredging, electrical wiring and equipment installation, HVAC installation, communications, data and electric line work, elevator and conveyor installation, fencing, glazing, painting, insulation installation, iron working (or steel erecting), landscaping, masonry work, stone masonry, plastering, plumbing, heating, drainage, installation of fire protection and detection systems, pipefitting (or steamfitting), sheet metal work as it pertains to construction, building waterproofing, cement finishing and installation, etc. Construction- related businesses are permitted uses in M-1 and M-2 (Industrial) zoned districts and as a conditional use in B-1 and B-2 (Business) zoned districts as provided in Section 1141.03.
(Ord. 36-17. Passed 11-20-17.)
1121.201 CORNER LOT.
"Corner lot" means a lot having frontage upon two intersecting streets or a lot having frontage upon a street and being bordered on a side by an alley intersecting with such street. (Ord. 1-84. Passed 2-6-84.)
1121.21 COUNCIL.
"Council" means the Council of the Municipality. (Ord. 40-63. Passed 12-12-63.)
1121.211 DENTAL OFFICE.
"Dental office" means a place used by a person or group of persons solely for the purpose of providing dental care, diagnosis, treatment, and prophylaxis to persons in need of such services. (Ord. 21-87. Passed 5-18-87.)
1121.22 DRIVE-IN COMMERCIAL USE.
"Drive-in commercial use" means any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses. (Ord. 40-63. Passed 12-12-63.)
1121.221 DUPLEX.
1121.23 DWELLINGS.
(a) "Dwelling" means any building, or portion thereof, which is designed for or used for residential purposes.
(b) "Single-family dwelling" means a building designed for or occupied exclusively by one family.
(c) "Two-family dwelling" means a building designed for or occupied exclusively by two families.
(d) “Multiple dwelling” means a building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats, row houses and dwellings having one family and more than six boarders or roomers. (Ord. 40-63. Passed 12-12-63.)
1121.24 ENTERTAINMENT FACILITY.
"Entertainment facility" means any facility for an activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, commercial swimming pools and related uses.
(Ord. 40-63. Passed 12-12-63.)
1121.25 ESSENTIAL SERVICES.
"Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution system; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein. (Ord. 40-63. Passed 12-12-63.)
1121.26 FAMILY.
"Family" means one or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined. (Ord. 40-63. Passed 12-12-63.)
1121.27 FOOD PROCESSING.
"Food processing" means the preparation or processing of food products. Examples of activities included are bakeries and dairies. (Ord. 40-63. Passed 12-12-63.)
1121.28 FRONTAGE.
"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. (Ord. 40-63. Passed 12-12-63.)
1121.29 GARAGE, PRIVATE AND PUBLIC.
(a) "Private garage" means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.
(b) "Public garage" means a building, or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles. (Ord. 40-63. Passed 12-12-63.)
1121.30 GASOLINE AND SERVICE STATIONS.
"Gasoline station" and "service station" mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting. (Ord. 40-63. Passed 12-12-63.)
1121.31 HIGHWAY, MAJOR.
"Major highway" means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas. (Ord. 40-63. Passed 12-12-63.)
1121.32 HOME OCCUPATION.
"Home occupation" means an accessory use of a service of a character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate (maximum size six inches by twenty-four inches) and in connection therewith is not involved the keeping of a stock in trade. The office of a physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be home occupations. The occupations of dressmaker, beauty operator, milliner or seamstress, each with not more than one paid assistant, shall also be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, real estate offices, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home occupations. Borderline cases shall be ruled on by the Board of Zoning Appeals. (Ord. 40-63. Passed 12-12-63.)
1121.33 HOTEL.
"Hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, lodging house or an apartment house, each of which is herein separately defined. (Ord. 40-63. Passed 12-12-63.)
1121.34 INSTITUTION.
"Institution" means a building occupied by a nonprofit corporation or a nonprofit establishment for public use. (Ord. 40-63. Passed 12-12-63.)
1121.35 JUNK YARD.
"Junk yard" means any open space, or space in excess of 200 square feet inside a building, where waste or discarded materials are stored, processed or sold.
(Ord. 40-63. Passed 12-12-63.)
1121.36 LAND USE PLAN.
"Land Use Plan" means the long-range plan for the desirable use of land in area as adopted by the Planning Commission. The purpose of such Plan is, among other purposes, to serve as a guide in future development and zoning for the community.
(Ord. 40-63. Passed 12-12-63.)
1121.37 LOADING SPACE.
"Loading space" means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of ten feet by forty feet, and a vertical clearance of at least fourteen feet.
(Ord. 40-63. Passed 12-12-63.)
1121.38 LOCAL RETAIL BUSINESS.
"Local retail business" means any retail establishment which caters to and can be located in close proximity to residential districts without creating undue vehicular congestion, excessive noise or other objectionable influence. To prevent congestion, local retail uses include only those business activities other than those of "Regional Business".
(Ord. 40-63. Passed 12-12-63.)
1121.39 LODGING HOUSE.
"Lodging house" means a building other than a hotel where lodging for two or more
persons is provided for compensation pursuant to previous arrangement and not to anyone who may apply. (Ord. 40-63. Passed 12-12-63.)
1121.40 LOT.
"Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and shall consist of one principal building, together with accessory buildings and the open spaces, yards and parking spaces required by this Zoning Ordinance. Such lot shall have frontage on an improved public street, or on an approved private street but may not have frontage upon an alley, unless located in a B-3 District (Central Business District) and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record; of complete lots of record and portions of lots of record; or of portions of lots of record.
1121.401 FLAG LOT.
“Flag Lot” means: A lot with the following minimum specifications:
(a) A minimum width of 25 feet at the right of way that continues at a minimum of 25 feet for access purposes until it connects to the flag lot’s buildable area (“Stem” for Flag lot purposes);
(b) The access right of way (stem) must be usable for roadway purposes;
(c) The buildable area (area of the Flag lot not consisting of the stem) of the Flag Lot must meet the minimum area requirements for its zoning. The area of the stem shall not be used to meet the minimum lot requirements of the flag lot zoning. (Example for illustrative purposes: If the Flag lot is zoned R-2 (2017 requirement of 8200 SF), and the stem that leads back to the buildable area consists of 2500 SF, the 2500 SF of the stem may not be added or considered to determine or decide if the buildable area meets the minimum SF for an R-2 zoned area as required at the time of the approval or determination that the lot is a Flag lot for building purposes; if the Flag lot is zoned R-3 (2017 requirement of 7500 SF), and the stem that leads back to the buildable area consists of 2500 SF, the 2500 SF of the stem may not be added or considered to determine or decide if the buildable area meets the minimum SF for an R-3 zoned area as required at the time of the approval or determination that the lot is a Flag lot for building purposes. (Ord. 12-17. Passed 5-1-17.)
1121.41 LOT OF RECORD.
"Lot of record" means any lot which individually or as a part of a subdivision has been recorded in the office of the Recorder or Auditor of the County.
(Ord. 40-63. Passed 12-12-63.)
1121.42 LOT, MINIMUM AREA OF.
“Minimum area of lot” means, except as otherwise provided in Section 1121.401, the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.
(Ord. 12-17. Passed 5-1-17.)
1121.43 LOT WIDTH.
"Lot width" means the width of a lot at the building setback line measured at right angles to its depth.
(Ord. 40-63. Passed 12-12-63.)
1121.44 MANUFACTURING, GENERAL AND RESTRICTED.
(a) "General manufacturing" means any manufacturing or industrial process, including food processing, which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, radiation, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process permitted in an "M-2" District shall comply with the performance requirements of Section 1143.01.
(b) "Restricted manufacturing" means any manufacturing or industrial processing which by the nature of the materials, equipment and process utilized are to a considerable measure clean, quiet and free of any objectionable or hazardous elements. Restricted industrial uses shall comply with the performance requirements specified in Chapter 1143 of this Code and shall include the following industrial uses and any other uses which are determined by the Board of Zoning Appeals to be of the same general character: drugs, jewelry, musical instruments, sporting goods; processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment; research and testing laboratories; printing and engraving plants. (Ord. 40-63. Passed 12-12-63.)
1121.441 MEDICAL OFFICE.
"Medical office" means a place used by a person or group of persons solely for the purpose of providing medical or psychological care, treatment, or diagnosis by persons otherwise permitted by law to provide such medical or psychological care.
(Ord. 21-87. Passed 5-18-87.)
1121.45 MINERAL EXTRACTION, STORAGE AND PROCESSING.
"Mineral extraction, storage and processing" means any mining, quarrying or processing of coal, clay or other mineral resources. (Ord. 40-63. Passed 12-12-63.)
1121.46 MOBILE HOME COMMUNITY.
"Mobile home community" means an area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner as described in Section 1143.02.
(Ord. 40-63. Passed 12-12-63.)
1121.47 MOBILE HOME.
"Mobile home" means a single-family dwelling, having been fabricated and designed for transportation on streets and highways on its own wheels or on flatbeds or other trailers from its point of origin, which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking for assembly operations, location on jacks or permanent foundations, connection to utilities and the like. (Ord. 1-84. Passed 2-6-84.)
1121.48 MORE RESTRICTIVE.
"More restrictive" means in reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, etc., or generally increasing the compatibility of a nonconforming use to the requirements of the district in which it is located. (Ord. 40-63. Passed 12-12-63.)
1121.49 MOTOR COURT OR MOTEL.
"Motor court" or "motel" means a building or group of buildings used for the temporary residence of motorists or travelers. (Ord. 40-63. Passed 12-12-63.)
1121.50 NONCOMMERCIAL RECREATIONAL FACILITY.
"Noncommercial recreational facility" means private and semipublic recreational facilities which are not operated for profit. (Ord. 40-63. Passed 12-12-63.)
1121.51 NONCONFORMING USE.
"Nonconforming use" means the use of land or a building, or portion thereof, which use does not conform with the use regulations (see Section 1141.01 et seq.) of the district in which it is situated. (Ord. 40-63. Passed 12-12-63.)
1121.52 OFF-STREET PARKING SPACE.
"Off-street parking space" means any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot, and where each parking space has an area of not less than 162 square feet exclusive of access drives or aisles.
(Ord. 40-63. Passed 12-12-63; Ord. 23-15. Passed 7-20-15.)
(Ord. 40-63. Passed 12-12-63; Ord. 23-15. Passed 7-20-15.)
1121.53 PERSONAL SERVICES.
"Personal services" means any enterprise conducted for gain which primarily offers services to the general public, such as shoe repair, valet service, watch repairing, barber shops, beauty parlors and similar activities. (Ord. 40-63. Passed 12-12-63.)
1121.54 PLANNING COMMISSION.
"Planning Commission" means the Planning Commission of the Municipality.
(Ord. 40-63. Passed 12-12-63.)
1121.55 PLANT CULTIVATION.
"Plant cultivation" means the cultivation of crops, horticulture, floriculture, viticulture (including fruit trees), nursery stock, truck garden products and similar plant materials.
(Ord. 40-63. Passed 12-12-63.)
1121.551 PRINCIPAL USE.
"Principal use" means a single specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained. Where a nonconforming use exists on any lot, the nonconforming use shall be deemed the principal use. (Ord. 1-84. Passed 2-6-84.)
1121.56 PROFESSIONAL ACTIVITIES.
"Professional activities" means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers. (Ord. 40-63. Passed 12-12-63.)
1121.561 PROFESSIONAL HEALTH CARE-RELATED OFFICES.
"Professional health care-related offices" means a place used by a person or group of persons for the purpose of providing ancillary health care services, counseling, or rehabilitative services, (residential or non-residential), including, but not limited to, the practice of chiropractic, the practice of optometry, provision of physical therapy, massage therapy, counseling, social services, counseling services, mental counseling or services, drug or alcohol rehabilitation services (but not initial or immediate detoxification services), group therapy, court ordered rehabilitation services for non-violent offenders, or provision of visiting or private duty nursing services by registered or licensed nurses, or other comparable services permitted under federal, state, or regional licensing requirements. No more than fifteen residents may be placed at a single time in these facilities, and no more than fifteen service providers may be allowed in a 24-hour period. These numbers will be allowed only if they meet other Dover zoning requirements and can be provided within required statutory and healthy living conditions. (Ord. 24-19. Passed 5-6-19.)
1121.57 PUBLIC USES.
"Public uses" means public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material. (Ord. 40-63. Passed 12-12-63.)
1121.58 RECREATIONAL FACILITIES.
(a) "Noncommercial recreational facilities" means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, golf courses, game preserves, riding clubs and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools, marinas and yacht clubs.
(b) "Commercial recreational facilities" means recreational facilities established and operated for a profit, such as commercial golf courses and driving ranges, swimming pools, race tracks, amusements parks, carnivals and similar commercial enterprises.
(c) "Restricted commercial recreational facilities" means boat docks and fishing piers, boat launching, maintenance, repair and fueling facilities, and concessions for the sale of food, nonalcoholic beverages and boating and fishing supplies and accessories.
(Ord. 40-63. Passed 12-12-63.)
1121.59 REGIONAL BUSINESS AND OFFICES. (REPEALED)
1121.60 RESIDENTIAL FLOOR AREA.
"Residential floor area" means the interior floor area of a dwelling, including stairways, halls and closets, but not including basements, porches, garages, breezeways or carports. (Ord. 40-63. Passed 12-12-63.)
1121.61 RETAIL BUSINESS.
"Retail business" means any business normally found in a local or central business district. (Ord. 40-63. Passed 12-12-63.)
1121.611 RIGHT OF WAY.
"Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the improved roadway, it normally incorporates the unimproved portions of the right of way and/or curbs, lawn strips, sidewalks, lighting, drainage facilities and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges. (Ord. 1-84. Passed 2-6-84.)
1121.62 ROOMERS.
"Roomers" means persons contracting for sleeping accommodations only.
(Ord. 40-63. Passed 12-12-63.)
1121.621 SELF-SERVICE STORAGE FACILITY.
(a) “Self-service storage facility” shall be defined as any real property that is designed and used only for the purpose of renting or leasing individual storage space in the facility under the following conditions:
(1) The occupants have access to the storage space only for the purpose of storing and removing personal property;
(2) The owner does not issue a warehouse receipt, bill of lading, or other document of title as defined in division (O) of Section 1301.01 of the Ohio Revised Code, for the personal property stored in the storage space; and
(3) The property has ten (10) or more individual storage spaces.
(Ord. 14-05. Passed 3-21-05.)
(b) “Self-service storage facility” does not include any garage used principally for parking motor vehicles, an establishment licensed pursuant to Sections 915.14 to 915.24 of the Ohio Revised Code, or any property of a bank or building and loan association that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the bank’s or building and loan association’s customers.
(c) “Owner”, as used herein, shall be defined as a person or entity who is either the owner of a self-service storage facility, or the lessor of an entire self-service storage facility and who receives rent from an occupant pursuant to a rental agreement that he enters into with the occupant.
(d) “Occupant”, as used herein, shall be defined as a person or entity who rents storage space at a self-service storage facility pursuant to a rental agreement that he enters into with the owner.
(e) “Rental agreement”, as used herein, shall be defined as any formal agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant’s use of storage space at a self-service storage facility.
(f) “Personal property”, as used herein, shall be defined as money and every animate or inanimate tangible thing that is the subject of ownership, except anything forming part of a parcel of real estate, as defined in Section 5701.01 of the Ohio Revised Code and except anything that is an agricultural commodity, as defined in division (A) of Section 926.01 of the Ohio Revised Code.
(Ord. 13-01. Passed 4-16-01.)
(Ord. 13-01. Passed 4-16-01.)
1121.63 SEMIPUBLIC USES.
"Semipublic uses" means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature. (Ord. 40-63. Passed 12-12-63.)
1121.64 SEWAGE DISPOSAL SYSTEM, GROUP AND INDIVIDUAL.
(a) "Group sewage disposal system" means a package system, approved by the governmental authorities having jurisdiction, which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.
(b) "Individual sewage disposal system" means an on-site septic tank system which provides for the individual collection and disposal of sewage. (Ord. 40-63. Passed 12-12-63.)
1121.65 SIGNS. (REPEALED)
See Chapter 1331.
1121.66 SOCIAL ACTIVITY.
"Social activity" means the use of any building and land for private or semiprivate club activities, including lodges, fraternities and similar activities.
(Ord. 40-63. Passed 12-12-63.)
(Ord. 40-63. Passed 12-12-63.)
1121.67 SOLICITOR.
"Solicitor" or "Law Director" means the City Law Director.
1121.68 SPECIALIZED ANIMAL RAISING AND CARE.
"Specialized animal raising and care" means the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets, stabling and care of horses, animal kennels, pigeon raising and the raising of any other domestic animals or birds of a similar nature. (Ord. 40-63. Passed 12-12-63.)
1121.681 STORAGE SHED.
“Storage sheds” are defined as any permanent or temporary edifice attached, affixed, or set upon land, the primary purpose of which is to store or shelter tangible personal property. Any storage shed, or combination of two or more storage sheds on one lot, having a total floor area of 100 square feet or less shall not be considered a “building” for purposes of determining compliance with the height, lot area, and floor area requirements established in Chapter 1151. Any storage shed, or combination of two or more storage sheds on one lot, having a total floor area of more than 100 square feet shall be considered a “building” for determining compliance with the height, lot area, and floor area requirements established in Chapter 1151.
(Ord. 63-01. Passed 12-17-01.)
1121.69 STORY.
"Story" means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. (Ord. 40-63. Passed 12-12-63.)
1121.70 STREET LINE; RIGHT-OF-WAY LINE .
"Street line" and "right-of-way line" mean a dividing line between a lot, tract or parcel of land and a contiguous street. (Ord. 40-63. Passed 12-12-63.)
1121.71 STRUCTURE .
"Structure" means anything constructed or erected other than a building, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including but not limited to, advertising signs, billboards. backstops for tennis courts and baseball diamonds, satellite T.V. antenna systems or any freestanding antenna for reception of T.V., radio or satellite transmissions, and swimming pools. (Ord. 1-84. Passed 2-6-84.)
1121.72 STRUCTURAL ALTERATIONS.
"Structural alterations" means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.
(Ord. 40-63. Passed 12-12-63.)
1121.73 TOURIST HOME.
"Tourist home" means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than twenty individuals and open to transient guests. (Ord. 40-63. Passed 12-12-63.)
1121.731 WAREHOUSING FACILITY.
(a) “Warehousing facility”, where that term is used in the Codified Ordinances of the City of Dover, shall be defined as:
(1) Any real property that is designed and used for the purpose of renting, leasing, or utilizing a facility for purposes of providing storage of personal property for which a document of title is or may be issued in connection with or relating to the storage of such personalty; or
(2) Any other real property that is designed and used for the primary purpose of renting or leasing a facility for the storage of personal property, except for those facilities specifically defined by the Dover Codified Ordinances as “self-service storage facilities”.
(b) “Document of title” includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and any other document that in the regular coarse of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title, a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee’s possession that are either identified or are fungible portions of an identified mass. (Ord. 13-01. Passed 4-16-01.)
1121.74 YARDS.
(a) "Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
(b) "Front yard" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place the line and the main building or any projections thereof, other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(c) "Rear yard" means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
(d) "Side yard" means a yard between the main building and the side of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot and the side of the main building.
(e) Projections of eaves into any yard on a lot requiring a seven-foot side or thirty- foot front and rear setbacks shall be permitted, but not to exceed two feet. Projections of eaves into any yard permitting a five-foot side yard or thirty-foot front and rear setbacks shall be permitted, but not to exceed eighteen inches. (Ord. 56-68 Passed 6-3-68.)
1121.75 ZONING CERTIFICATE.
"Zoning Certificate" means the document issued by the Administrative Officer authorizing the use of land or buildings. When the application for a Zoning Certificate involves construction or alteration of a new or existing building or accessory building, the Zoning Certificate may also be referred to or considered as a building permit.
(Ord. 1-84. Passed 2-6-84.)
1121.76 ZONING DISTRICT MAP.
"Zoning District Map" means the Zoning District Map of the Municipality together with all amendments subsequently adopted. (Ord. 40-63. Passed 12-12-63.)
1121.77 ZONING ORDINANCE.
"Zoning Ordinance" means Ordinance 40-63 passed December 12, 1963, as amended, which comprises Titles Five to Eleven of this Planning and Zoning Code and shall be known and cited as the City Zoning Ordinance of 1963.
(Ord. 40-63. Passed 12-12-63.)
(Ord. 40-63. Passed 12-12-63.)
1123.01 ENACTMENT CLAUSE.
For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property, facilitating the provision of water, sewerage, schools and other public requirements, and lessening or avoiding congestion on public streets and highways, it is hereby provided as follows. (Ord. 40-63. Passed 12-12-63.)
1123.02 INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Zoning Ordinance to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Zoning Ordinance, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Zoning Ordinance; nor is it intended by this Zoning Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of this Zoning Ordinance shall control. (Ord. 40-63. Passed 12-12-63.)
1123.03 COMPLIANCE.
The regulations set forth by this Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(a) No building, structure or land shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereafter be erected or constructed unless in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall hereafter be erected:
(1) To have a greater height,
(2) To accommodate or house a greater number of families,
(3) To occupy a greater percentage of lot area, or
(4) To have narrower or smaller rear yards, front yards, side yards or other open spaces,
than herein required, or in any other manner contrary to the provisions of this Zoning Ordinance.
(c) No part of a yard, open space, lot area or off-street parking or loading space, required about or in connection with any building or buildings for the purpose of complying with this Zoning Ordinance shall be reduced or again included as part of a yard, open space, lot area or off-street parking or loading space similarly required for any other building or additional construction on the same lot or on another lot.
(d) No yard or lot existing at the time of passage of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet at least the minimum requirements established by this Zoning Ordinance.
(e) Only one principal use shall be permitted upon a lot in a residential zoned district. The Planning Commission may recommend to Council the allowance for additional principal uses upon a lot when the lot is zoned B (Business) or M (Manufacturing). Upon recommendation Council will decide whether to allow additional principal uses on the lot.
(f) No dwelling shall be erected on any parcel of real estate which is not a lot as defined in Section 1121.40.
(Ord. 16-14. Passed 4-7-14.)
(Ord. 16-14. Passed 4-7-14.)
1123.04 ADMINISTRATIVE OFFICER TO ENFORCE.
(a) It shall be the duty of the Administrative Officer, who shall be appointed by the Mayor, to enforce this Zoning Ordinance. It shall also be the duty of all officials and employees of the Municipality to assist the Administrative Officer by reporting to him upon new construction, reconstruction or land uses, or upon seeming violations.
(b) Appeal from the decision of the Administrative Officer may be made to the Board of Appeals, as provided in Chapter 1127. (Ord. 40-63. Passed 12-12-63.)
1123.05 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any district on any corner lot, no fence or structure shall be erected and no bush or hedge or similar planting shall be placed or maintained within thirty feet of the intersection of the right-of-way lines of adjoining streets and/or alleys if such fence, structure or planting is of a height between thirty inches and ten feet above the curb or street grades so as to interfere with traffic visibility across the corner of street intersections or so as to impede the view of traffic emerging from an alley into an adjoining street or other alley. This section shall not be construed to permit the erection of any building in violation of any other provision of this Zoning Ordinance. (Ord. 37-86. Passed 7-21-86.)
1123.06 PENDING APPLICATIONS FOR BUILDING PERMITS.
Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this Zoning Ordinance, the construction of which, conforming with such plans, shall have been started prior to the effective date of this Zoning Ordinance and completion thereof carried on in a normal manner within the subsequent six-month period and not discontinued until completion, except for reasons beyond the builder's control. (Ord. 40-63. Passed 12-12-63.)
1123.07 SHORT TITLE.
This ordinance shall be known and cited as the Zoning Ordinance of 1963.
(Ord. 40-63. Passed 12-12-63.)
1123.08 VALIDITY.
If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.
(Ord. 40-63. Passed 12-12-63.)
1123.09 REPEAL OF PRIOR ORDINANCE.
The former Dover City Zoning Ordinance No. 1671 passed September 22, 1947, which is codified as Titles Five through Nine of Part Eleven - Planning and Zoning Code (former Sections 1121.01 to 1157.01, inclusive) is hereby repealed.
(Ord. 40-63. Passed 12-12-63.)
1123.10 EFFECTIVE DATE.
This Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law. (Ord. 40-63. Passed 12-12-63.)
1123.11 VIOLATIONS; REMEDIES.
In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance, or any amendment or supplement thereto, the Administrative Officer, the legal representative of the Municipality or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use. (Ord. 40-63. Passed 12-12-63.)
1123.99 PENALTY.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council. Any person, firm or corporation violating any regulation in or any provision of this Zoning Ordinance, or any amendment or supplement thereto, shall be deemed guilty of a minor misdemeanor. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(Ord. 40-63. Passed 12-12-63; amending Ord. 80-74. Passed 10-21-74.)
1125.01 REQUIRED; COMPLIANCE WITH ZONING ORDINANCE; PREVIOUSLY EXISTING CONFORMING BUILDINGS.
(a) No owner shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Zoning Certificate shall have been issued by the Administrative Officer. It shall be the duty of the Administrative Officer to issue a Certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, conform with all the requirements of this Zoning Ordinance. No permit for excavation or construction shall be issued by the Administrative Officer unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance.
(b) Under written request from the owner or tenant, the Administrative Officer shall issue a Zoning Certificate for any building or premises existing at the time of enactment of this Zoning Ordinance certifying, after inspection, that the use conforms to the provisions of this Zoning Ordinance. No charge shall be made for issuing a Zoning Certificate in accordance with this subsection. (Ord. 40-63. Passed 12-12-63.)
1125.02 WHEN CERTIFICATE REQUIRED.
A Zoning Certificate shall be required for any of the following, except as herein provided:
(a) Construction or alteration of any building, including accessory buildings.
(b) Change in use of an existing building or accessory building to a use of a different classification.
(c) Occupancy and use of vacant land.
(d) Change in the use of land to a use of a different classification.
(e) Any change in the use of a nonconforming use. (Ord. 40-63. Passed 12-12-63.)
1125.03 APPLICATION REQUIREMENTS; ISSUANCE.
(a) Written application for a Zoning Certificate for the construction of a new building or for the alteration of an existing building shall be made at the same time as the application for a building permit. Such certificate shall be issued within ten days after a written request for the same has been made to the Administrative Officer or his agent, provided such construction or alteration is in conformity with the provisions of this Zoning Ordinance.
(b) Written application for a Zoning Certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in nonconforming use, as herein provided, shall be made to the Administrative Officer. If the proposed use is in conformity with the provisions of this Zoning Ordinance, the Certificate therefore shall be issued within fifteen days after the application for same has been made.
(c) Every application for a Zoning Certificate shall be accompanied by a plot plan in duplicate, name of plumbing contractor, name of sewer contractor, first floor elevation from the back of the sidewalk to the first floor joist, value, and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be based on an actual survey.
(1) Each plan shall show:
A. The street providing access to the lot and the exact location of the lot in relation to the nearest cross street;
B. The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties;
C. The actual dimensions of the lot, the yard and other open space dimensions thereof, and the location and size of any existing structure thereon;
D. The location and size of the proposed structure, and/or the proposed enlargement of the existing structure, and
E. Any other information which in the judgment of the Administrative Officer may be necessary to provide for the enforcement of this Zoning Ordinance.
(2) Where complete and accurate information is not readily available from existing records, the Administrative Officer may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.
(3) Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.
(4) A file of such applications and plans shall be kept in the office of the Administrative Officer.
(d) The Administrative Officer shall not issue a Zoning Certificate for any application requiring site plan review by the Planning Commission, namely:
(1) Community development projects;
(2) Mobile home communities;
(3) Integrated shopping centers, or
(4) Restricted industrial developments,
as set forth in Chapter 1143 of this Code, unless the proposed site plan has been approved by the Planning Commission. (Ord. 40-63. Passed 12-12-63.)
(e) After the issuance of the permit, the construction or alteration shall commence within ninety (90) days and shall be completed within one hundred and eighty (180) days. The Building and Zoning Codes Administrator shall have the discretion, if requested in writing by the permittee, to extend these deadlines by additional ninety (90) day periods to commence the construction or alteration and one hundred and eighty (180) day periods to complete the construction or alteration if the health, safety and welfare of the citizens of Dover are not adversely impacted.
(Ord. 60-08. Passed 1-5-09.)
(Ord. 60-08. Passed 1-5-09.)
1125.04 FEES.
(a) A fee, in accordance with the following schedule of charges, shall accompany each application for a Zoning Certificate in accordance with this Zoning Ordinance, and shall be deposited to the credit of the General Fund.
(1) | Single-family residence | $50.00 plus $5.00 for each additional $5,000.00 in value over $100,000.00 not to exceed a total fee of $500.00 |
(2) | Two-family dwelling | 75.00 plus $5.00 for each additional $5,000.00 in value over $100,000,00 not to exceed a total fee of $500.00 |
(3) | Three-family dwelling | 100.00 plus $5.00 for each $5,000.00 in value not to exceed a total fee of $500.00 |
(4) | Apartment buildings of more than three family units | 125.00 |
Plus $25.00 for each unit in excess of three; not to exceed | 500.00 | |
(5) | Additions to residential buildings, alterations, improvements, siding, garages, sheds costing | |
$5,000 or less | 25.00 | |
Over $5,000 | 50.00 | |
(6) | Playhouses and sheds costing under $250.00 | 10.00 |
(7) | Commercial, industrial and institutional buildings not exceeding $10,000 in value | 125.00 |
Plus $5.00 for each additional $5,000 in value not to exceed a total fee of | 500.00 | |
Additions, alterations and improvements to commercial, industrial or institutional buildings - same as (7) for original permit and not to exceed a total fee of | 500.00 | |
(8) | For the erection of a fence not exceeding $500.00 in value | 15.00 |
Fences over $500.00 in value | 25.00 | |
(9) | For the erection of an advertising sign | 50.00 |
(10) | For a change of use | 50.00 |
(11) | For a nonconforming use | 50.00 |
(12) | For the wrecking and/or removal of a residential, commercial, industrial or institutional building not condemned by the Fire Marshal or Building and Zoning Codes Administrator | 50.00 |
(13) | No fee is to be charged for the wrecking or removal of any building which has been condemned and ordered torn down by the Fire Marshal or the Building and Zoning Codes Administrator. A permit will be issued at no charge. | |
(14) | Swimming pool permit | 50.00 |
(15) | No permit or fee is required for play pools under eighteen inches in depth or under 200 square feet in area. | |
(16) | Hearing fee for Board of Zoning Appeals | 30.00 |
(b) Every Zoning Certificate shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Zoning Certificates shall be kept on file in the office of the Administrative Officer or his agent, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(Ord. 56-09. Passed 10-19-09.)
1125.05 CERTIFICATE FOR NONCONFORMING USES.
A Zoning Certificate shall be required for all lawful nonconforming uses of land or buildings created by the adoption of this Zoning Ordinance. Application for such Certificate for a nonconforming use shall be filed with the Administrative Officer by the owner or lessees of the building or land occupied by such nonconforming use within one year of the effective date of this Zoning Ordinance. It shall be the duty of the Administrative Officer to issue a Certificate for a lawful nonconforming use, but failure to apply for such Certificate for a nonconforming use or refusal of the Administrative Officer to issue a certificate for such nonconforming use shall be evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of this Zoning Ordinance. No charge shall be made for issuing a Zoning Certificate in accordance with this section.
(Ord. 40-63. Passed 12-12-63.)
(Ord. 40-63. Passed 12-12-63.)
1127.01 APPOINTMENTS AND TERMS; REMOVAL PROCEDURE.
(a) There is hereby established a Board of Zoning Appeals which shall consist of five electors appointed by the Mayor and approved by Council. The Mayor shall choose a successor to fill any vacancy. The three electors currently serving as members of the Board of Zoning Appeals shall continue to serve for the remainder of their term. One elector, newly appointed, shall serve for a period of one year. The second newly appointed elector shall serve for a period of two years. At the end of his or her term, each elector or his or her replacement, shall be appointed for a term of three years, beginning January 1. Each member shall serve until his successor is appointed and qualified.
(b) Members of the Board shall be removable by Council for nonperformance of duty, misconduct in office, or other cause upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the members so charged at least ten days prior to the hearing, either personally or by registered mail. The members shall be given an opportunity to be heard and answer such charges. (Ord. 4-86. Passed 2-17-86.)
1127.02 ORGANIZATION AND PROCEDURE
The Board of Zoning Appeals shall organize annually to elect a Chairman, Vice Chairman and Secretary. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the Municipality to carry into effect the provisions of this Zoning Ordinance.
(a) Meetings, Minutes and Records. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence the Vice Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Municipal Clerk and shall be a public record.
(Ord. 40-63. Passed 12-12-63.)
(b) Quorum. A quorum shall be comprised of three persons.
(Ord. 4-86. Passed 12-17-86.)
(c) Department Assistance. The Board may call upon the various departments of the Municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 40-63. Passed 12-12-63.)
1127.03 POWERS OF BOARD.
The Board of Zoning Appeals shall have the following powers:
(a) The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrative Officer in the enforcement of this Zoning Ordinance. The Board shall further have authority to issue determinations or decisions on special questions for the interpretation of the Zoning Ordinance or for interpretation of the Zoning District Map, as submitted by the Administrative Officer.
(b) The Board shall have the power to authorize upon appeal, in specific cases, such variance from the terms of the City of Dover Zoning Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of said Ordinances will result in unnecessary hardship or practical difficulties, as set forth in Chapter 1141. In granting a variance the Board may impose such conditions as it may deem necessary to protect public health, safety and welfare in furtherance of the purpose and intent of the Zoning Ordinances of the City of Dover so that the spirit of said Ordinances will be observed and substantial justice done.
The Board shall have the power to grant the issuance of Conditional Use permit for the use of land, buildings or other structures as set forth in Chapter 1141, and to review such plans and nonconforming uses as specifically provided in the Dover City Zoning Ordinances.
(Ord. 12-05. Passed 3-21-05.)
1127.04 APPLICATION AND FEE FOR APPEALS.
An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance, may be filed by any person interested, including a tenant or owner of the premises which is the subject of the application, by a person aggrieved or by a governmental officer, department, board or bureau interested. Such application shall be filed with the Administrative Officer. A fee of thirty dollars ($30.00) shall be paid to the Administrative Officer at the time the application is filed under Section 1125.04. The Administrative Officer shall forthwith pay such fee over to the City Auditor to the credit of the General Fund.
(Ord. 34-13. Passed 8-5-13.)
1127.05 APPEALS: NOTICE, STAY OF PROCEEDINGS, ACTIONS OF BOARD.
(a) An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by an officer of the Municipality affected by any decision of the Administrative Officer. Such appeal shall be taken within twenty days after the decision by filing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. A fee of thirty dollars ($30.00) shall be paid to the Administrative Officer at the time the notice of appeal is filed under Section 1125.04. The Administrative Officer shall forthwith pay such fee over to the City Auditor to the credit of the General Fund.
(Ord. 34-13. Passed 8-5-13.)
(b) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Officer shall certify to the Board, after the notice of appeal shall have been filed with it, that by reason of facts stated in the Certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.
(c) The Board may, in conformity with the provisions of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall have all powers of the Administrative Officer from whom the appeal is taken.
(Ord. 20-67. Passed 3-20-67.)
1127.06 HEARINGS.
(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an application or an appeal, give at least ten days' public notice thereof in a newspaper of general circulation in the City and at least ten days' notice to parties having proprietary interest in land in Dover within 200 feet, and decide upon the application or the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee herein specified. At this hearing, any party may appear in person or by attorney.
(b) The hearings of the Board should be public and subject to the open meetings law set forth in Chapter 107 of the Administrative Code.
(c) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(Ord. 19-13. Passed 4-15-13.)
1127.07 DECISIONS OF BOARD.
(a) The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.
(b) A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Administrative Officer and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(c) A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find that the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(Ord. 40-63. Passed 12-12-63.)
(Ord. 40-63. Passed 12-12-63.)