Dover City Zoning Code
TITLE SEVEN
Use Districts; Changes and Amendments
1131.01 USE DISTRICTS ESTABLISHED.
The incorporated area of Dover, Ohio, is hereby divided into various districts known as:
(a) "S-1" Special District. Areas which are:
(1) Large public or semipublic holdings;
(2) Suitable for recreation;
(3) To be kept open for aircraft;
(4) Subject to periodic flooding.
(b) "R-1" Suburban Residence District. For low density residential development lacking community facilities, especially group water and sewer systems.
(c) "R-2" Low Density Residence District. For relatively low density residential development which presently has, or ultimately will have, group water and sewer facilities.
(d) "R-3" Medium Density Residence District. For medium density residential development which has ready access to most community facilities. Group water and group sewer facilities are required.
(e) "R-4" High Density Residence and Offices District. For high density residential development of apartments, rowhouses or other housing types of comparable density which can be conveniently served by community facilities, including offices, personal services and professional activities. Municipal water and sewer facilities are required.
(f) “B-1" Local or Community Shopping Center District. Shopping centers of an integrated design which provide adequate parking and servicing areas. They must be located along major thoroughfares, have restricted points of access and be screened or fenced from surrounding areas.
(g) “B-2" Highway or General Business District. Areas along major highways or thoroughfares which provide sales and services oriented to highway users and residents of more than one neighborhood.
(h) “B-3" Central Business District. Area encompassing the retail, governmental, office and institutional core of the City.
(i) “M-1" Restricted Industrial District. Areas which can be utilized for industries of a restricted nature which will have limited detrimental effects on neighboring residential areas.
(j) “M-2" General Industrial District. Areas which because of their access to transportation and community services provide good sites for most types of industry.
(Ord. 48-67. Passed 8-21-67.)
(k) “H-1" Health Service District Areas which because of their proximity to a hospital and to each other are able to provide a full range of health services and related uses and achieve efficiency for the benefit of the community.
(Ord. 21-87. Passed 5-18-87.)
(l) “R-5" Manufactured Home Residential District. For development of communities consisting of manufactured homes erected on masonry foundations, concrete pads or concrete piers with municipal water and sewer facilities being required. The communities shall conform to the requirements of the State of Ohio Department of Health regulations; except, where requirements of the City of Dover are more restrictive, such requirements shall take precedence over the State requirements and be applied. (Ord. 44-98. Passed 8-10-98.)
1131.02 ZONING DISTRICT MAP.
The boundaries of the districts are shown upon the map which is made a part of this Zoning Ordinance, which map is designated as the “Zoning District Map”. The Map and other information shown thereon are a part of this Zoning Ordinance. The original Map is properly attested and is on file with the Clerk of Council.
No amendment to this Zoning Ordinance which involves matter portrayed on the Official Zoning District Map shall become effective until and after such change and entry has been made on such Map.
No changes of any nature shall be made on the Official Zoning District Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance.
The Official Zoning District Map, which shall be located in the office of the Clerk of Council shall be the final authority as to the current zoning status of land and water areas, buildings and other structures.
In the event that the Official Zoning District Map becomes damaged, destroyed or lost, Council may, by resolution, adopt a new Official Zoning District Map which shall supersede the prior Official Zoning District Map. The new Official Zoning District Map may correct drafting or other errors or omissions in the prior Official Zoning District Map, but no such corrections shall have the effect of amending the original Zoning Ordinance or subsequent amendments thereof. (Ord. 40-63. Passed 12-12-63.)
1131.03 DISTRICT BOUNDARIES.
(a) The district boundary lines on the Zoning District Map are intended to follow either center lines of thoroughfares or railroads or lot lines. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning District Map, or by dimensions.
(b) Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation.
(Ord. 40-63. Passed 12-12-63.)
(Ord. 40-63. Passed 12-12-63.)
1133.01 POWERS OF COUNCIL; DUTY OF COMMISSION.
Whenever public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Ordinance or amendments hereto. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to Council. (Ord. 40-63. Passed 12-12-63.)
1133.02 APPLICATION FOR CHANGE.
Applications for any change of district boundaries or classifications of property as shown on the Zoning District Map shall be submitted to the Planning Commission, at its public office, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment. (Ord. 40-63. Passed 12-12-63.)
1133.03 PUBLIC HEARING BY COMMISSION; NOTICE.
Before submitting its recommendations on a proposed amendment to Council, the Planning Commission shall hold a public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the area. The notice shall state the place or places and times at which the proposed amendment to the Zoning Ordinance, including text and maps, may be examined. (Ord. 40-63. Passed 12-12-63.)
1133.04 NOTICE TO PROPERTY OWNERS.
In addition to the public notice hereinbefore specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter notice not less than twenty days prior to the date of hearing to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section shall not invalidate any recommendation adopted hereunder, it being the intention of this section to provide notice to the persons substantially interested in the proposed change that an application is pending, before the Commission, proposing to make a change in the Zoning District Map or the regulations set forth in this Zoning Ordinance. (Ord. 40-63. Passed 12-12-63.)
1133.05 COMMISSION ACTION.
The Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to Council. (Ord. 40-63. Passed 12-12-63.)
1133.06 PUBLIC HEARING BY COUNCIL; NOTICE.
After receiving from the Planning Commission the certification of the recommendations on the proposed amendment, and before adoption of such amendment, Council shall hold a public hearing thereon, for which at least thirty days' notice of the time and place of such hearing shall be given by one publication in a newspaper of general circulation in the City. (Ord. 40-63. Passed 12-12-63.)
1133.07 COUNCIL ACTION.
After receiving from the Planning Commission certification of the recommendations on the proposed amendment, and after holding the public hearing required by Section 1133.06, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of this Zoning Ordinance or the Zoning District Map. No such ordinance, measure or regulation which violates, differs from or departs from the plan or reports submitted by the Commission, board or officers shall take effect unless passed or approved by not less than three-fourths of the membership of Council.
(Ord. 7-64. Passed 12-7-64)
1133.08 APPLICATION FEES.
(a) At the time that an application for a change of zoning districts is filed with the Planning Commission, as provided herein, there shall be deposited with the Auditor the sum of fifty dollars ($50.00) or the total cost, whichever is greater, as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums so deposited shall be credited by the Auditor to the General Fund.
(b) In the event that the Commission disapproves the application and the petitioner elects not to have the same certified to Council, then a refund of twenty-five dollars ($25.00), plus an additional refund of three dollars ($3.00) for each additional lot or part of an additional lot which was included in the application, should be made to the petitioner by the Auditor, provided that the Auditor is notified of such decision by the petitioner within thirty days from the time of the action taken by the Commission.
(Ord. 40-63. Passed 12-12-63.)
(Ord. 40-63. Passed 12-12-63.)