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Dover City Zoning Code

TITLE ELEVEN

Height and Area Provisions; Off-Street Parking

APPENDIX Summary of Procedure for Obtaining Zoning Certificate

ORDINARY CONDITIONS.
Step I    Landowner submits request for Zoning Certificate to Administrative Officer.
Step II   Administrative Officer reviews proposed use of land or buildings to determine whether it conforms with the Zoning Ordinance.
   (a)    If it complies with the Zoning Ordinance, issues Zoning Certificate and landowner proceeds.
   (b)    If it does not comply, states reason and denies Zoning Certificate.
      Landowner may then:
      (1)    Change proposal to conform to regulations and reapply.
      (2)    Appeal the specific case to Board of Zoning Appeals.
      (3)    Request a zone change be considered by Planning Commission.
CONDITIONAL USES AND EXCEPTIONAL CONDITIONS.
Board of Zoning Appeals rules on items listed as conditional uses in the Zoning Ordinance and on exceptions and variations as specified in the Zoning Ordinance.
PROPOSED ZONING CHANGES.
Planning Commission:
   (a)    Reviews all proposed Zoning District Map and Ordinance changes and recommends action to Council.
   (b)    Council reviews recommendations and holds public hearing.
    (c)    Council grants or denies change.
(Ord. 40-63. Passed 12-12-63.)
CODIFIED ORDINANCES OF DOVER

1151.01 ESTABLISHED.

   The height, lot area and floor area requirements for the location and erection of buildings on any lot or tract of land are established and shown on the table in Section 1151.02. (Ord. 40-63. Passed 12-12-63.)

1151.02 HEIGHT, LOT AREA AND FLOOR AREA MINIMUM REQUIREMENTS.

RESIDENTIAL USES / 1
Yard Requirements (in feet)
Letter Symbol
District
Frontage
Minimum Lot Area per Family (Sq. Ft.)
Front
Side
Rear
Minimum Residential Floor Area per Family (Sq. Ft.)
Building Height (Stories/Feet)
Percentage of Lot Coverage (with Buildings)
“R-1"
Suburban Residence
100
20,000
30
15
40
1,000
2/30
10%   
“R-2"
Low Density Residence*
100
20,000
30
15
40
1,000
2/30
10%
Individual sewage and water systems
Single-family
100
20,000
30
15
40
1,000
2/30
10%
Group sewage disposal system
Single-family
85
11,900
30
8.5
35
900
15%
Two-family
120
8,400
30
10
35
800
15%
Group sewage and water systems
Single-family
65
8,200
30
7
30
900
25%
Two-family
80
5,000
30
8
30
800
23%
Semi-public uses
65
8,200
30
7
30
2/30
23%
“R-3"
Medium Density Residence*
Group sewage water system
Single-family
50
7,500
30
6
25
800
2/35
28%
Two-family
75
6,000
30
5
25
800
2/35
28%
Multiple-family
100
6,000
30
5
25
600
3/35
30%
Semi-public uses
50
7,500
30
6
25
3/35
23%
Mobile home parks
Prescribed in Section 1143.02
“R-4"
High Density (Multiple) Residence and Offices
Group sewage and water systems
Single-family
Same requirements as “R-3" District
Two-family
Same requirements as “R-3" District
Multiple-family
100
2,500
30
15
30
600 (see footnote 7)
6/60
25%
Office, institutions and services
50
10,000/9
30
15
30
3/45
30%
Semi-public uses
Same requirement as “R-3" Districts
“R-5"
Manufactured Home Residence
Single-family
50
15/13
10
10
1,000
1 story
50%
Two-family
75
6,000
30
5
25
300
2/35
28%
Multiple-family
100
6,000
30
5
25
600
3/35
30%
“H-1"
Health Services
60
10,000
25
10/10*
25/11*
6/60
30%
*Other permitted uses in R-2 and R-3 Districts
100
   
30
15
30
3/45
30%
   BUSINESS AND INDUSTRIAL USES
Yard Requirements (in Feet)
Letter Symbol
District
Frontage
Front
Side
Rear
Building Height (Stories/Feet)
“B-1"
Local or Community Shopping Centers
200
50
30
30/3
2/35
“B-2"
Highway or General Business 5/
200
70
20
24/3
3/45
“B-3"
Central Business 5/
None
None/2
15
4/60
Existing nonconforming single-family and two-family structures
Same as R-3
“M-1"
Restricted Industrial 8/
100
70
40/4
50/3
3/45
Existing nonconforming single-family and two-family structures
Same as R-3
“M-2"
General Industrial 8/
200
30
15/4
15/3
4/60
Existing nonconforming single-family and two-family structures
Same as R-3
(See footnotes below)
SPECIAL USES
“S-1"
Special 6/
150
25
20
20
3/45
Existing nonconforming single-family and two-family structures
Same as R-3
 
NOTES
1/   A front yard of 60-foot depth shall be required for all lots fronting all major thoroughfares as indicated on the Major Thoroughfare Plan.
2/     No side yard shall be required, except that a side yard of not less than 20 feet in width shall be provided on the side of the lot adjoining a residential district. See Section 1153.05 for exceptions.
3/   A rear yard of not less than 50 feet in a "B-1" District, and not less than 50 feet in a "B-2" District and 100 feet in any "M-1" or "M-2" District is required where a lot abuts upon a residential district. See Section 1153.06 for exceptions.
4/    A side yard of not less than 100 feet is required where a lot adjoins a residential district. See Section 1153.05 for exceptions.
5/ No residence permitted.
6/ Lot area per family for efficiency apartments may be reduced to 2,500 sq. ft., or to 2,800 sq. ft. for 1- bedroom units.
7/ Floor area per family for efficiency apartments may be reduced to 400 sq. ft. or to 500 sq. ft. for 1-bedroom units.
8/ These requirements shall only apply in cases where a lot or parcel of land adjoins a residential district.
9/    Minimum lot area for office, institutional or service-type use.
10/   20 feet if abutting residential area.
11/    35 feet if abutting residential area.
*12/ In addition to the minimum lot size suitable recreation space, consisting of not less than ten percent of the gross manufactured home community, shall be provided.
*13/ The front yard requirement is measured from the home side of the street sidewalk to the front of the home.
(Ord. 53-69. Passed 8-4-69; Ord. 25-19. Passed 5-6-19; Ord. 22-20. Passed 8-3-20.)

1153.01 GENERALLY.

   Requirements and regulations specified in this Zoning Ordinance shall be subject to the exceptions, modifications and interpretations set forth in this chapter.
(Ord. 40-63. Passed 12-12-63.)

1153.02 EXISTING LOTS OF RECORD.

   In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot, fifty feet or wider, of official record as of the effective date of this Zoning Ordinance, irrespective of its area or width, provided the owner of such lot does not own any adjoining property, and provided further:
   (a)    Each of the side yard widths of any such lot shall not be less than ten percent of the width of the lot; provided, however, that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight feet or twenty percent of the frontage, whichever is the greater.
   (b)    The depth of the rear yard of any such lot need not exceed twenty percent of the depth of the lot, but in no case shall it be less than twenty feet.
   (c)    Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Planning Commission may require replatting to fewer lots to permit compliance with minimum yard requirements. (Ord. 40-63. Passed 12-12-63.)

1153.03 HEIGHT.

   (a)    The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
   (b)    Public, semipublic or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty feet and churches and temples may be erected to a height not exceeding seventy-five feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
(Ord. 40-63. Passed 12-12-63.)
 

1153.04 FRONT YARDS.

   (a)    When fifty percent or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established, provided, however, that a front yard depth shall not be required to exceed fifty percent in excess of the front yard otherwise required in the district in which the lot is located.
 
   (b)    On lots having double frontage, the required front yard shall be provided on both streets. However, existing lots of record, platted prior to the passage of Ordinance 40-63, passed December 12, 1963, shall conform to the side yard setback determination for comer lots as provided in Section 1153.02 (a).
 
   (c)    An open, unenclosed porch may project into a required front yard for a distance not to exceed ten feet, not including steps.
 
   (d)    Service station pumps and pump islands may be located within a required yard, provided they are not less than fifteen feet from any street line and not less than fifty feet from the boundary of any residential district.
 
   (e)    Off-street parking facilities may be located within the required front yard of any "B" District or "M" District, but shall not be nearer than fifty feet to any "S" or "R" District, and no off-street parking shall be permitted in the required front yard of any "S" or "R" District.
(Ord. 40-63. Passed 12-12-63; Ord. 41-09. Passed 8-17-09; Ord. 21-20. Passed 8-3-20.)

1153.05 SIDE YARDS.

   (a)    On a comer lot, the width of the yard along the side street shall not be less than any required front yard on such street, provided, however, the buildable width of a lot of record shall not be reduced to less than fifty feet.
 
   (b)    No accessory building shall project beyond the building line of the principal use structure.
 
   (c)    Where dwelling units are erected above commercial establishments, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.
 
   (d)    A canopy may project into a required side yard, provided every part of such canopy is unenclosed and not less than five feet from any side lot line.
 
   (e)    For the purpose of side yard regulation, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
 
   (f)    An owner of a dwelling erected prior to the effective date of this Zoning Ordinance may be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes, provided, however, that no side yard shall be reduced to less than five feet.
 
   (g)    Where a lot of record at the time of the effective date of this Zoning Ordinance is of less width than the minimum lot width required in the district in which the lot is located, the minimum side yard may be reduced to ten percent of the width of the lot, provided, however, that no side yard shall be less than five feet.
(Ord. 40-63. Passed 12-12-63; Ord. 21-20. Passed 8-3-20.)

1153.06 REAR YARDS.

   (a)    Where a lot abuts upon an alley or service road, one-half the road right of way width may be considered as part of the required rear yard. This section shall not be construed to decrease the required rear yard setbacks applicable to barns, storage sheds, unattached garages or other accessory buildings; nor shall the within section be considered in the calculation of total permitted lot coverage.
(Ord. 02-08. Passed 2-18-08.)
   (b)    The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen inches into a required yard.
   (c)    Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, may be permitted by the Administrative Officer for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(Ord. 40-63. Passed 12-12-63; Ord. 60-08. Passed 1-5-09.)

1153.07 LANDSCAPING AND SCREENING PROVISIONS.

   For nonresidential uses abutting "S" or "R" Districts the minimum yards may be reduced to fifty percent of the stated requirements if acceptable landscaping or screening, approved by the Administrative Officer, is provided. Such screening shall be a masonry or solid fence between four and six feet in height maintained in good condition and free of all advertising or other signs. Landscaping, provided in lieu of such wall or fence, shall consist of a strip of land not less than fifteen feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height. (Ord. 40-63. Passed 12-12-63.)

1155.01 OFF-STREET LOADING SPACE REQUIREMENTS.

   (a)   In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 3,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained at least one off-street loading space.
   (b)    Each loading space shall be not less than ten feet in width, forty feet in length and fourteen feet in height.
   (c)    Subject to the limitations in Section 1153.04, such space may occupy all or any part of any required yard or court space.
   (d)    No such space shall be located closer than fifty feet to any other lot in any "R" District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height.
(Ord. 40-63. Passed 12-12-63.)

1155.02 OFF-STREET PARKING SPACE REQUIREMENTS.

   (a)   General Requirements. In all districts, in connection with every industry, business, institutional, recreational, residential or any other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
      (1)    Each off-street parking space shall have an area of not less than 162 (9' x 18') square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.
      (2)    There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling, and not less than eighteen feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but, except where provided in connection with a use permitted in an "R" District, such easement of access or access drive shall not be located in any "R" District.
   (b)    Number of Spaces to be Provided. In all districts, except the "B-3" Central Business District, there shall be provided at the time any building or structure is erected, except as provided in Section 1155.03, off-street parking spaces in accordance with the following requirements:
 
Use
Parking Spaces Required
Dwellings, including one and two-family, and mobile homes.
Two for each family regardless of the number of units.
Rooming or boarding house, tourist home, hotel or motel or dormitory.
One for each sleeping room or suite.
Private club, golf club or lodge.
One for each five members.
Church or temple.
One for each five seats in main auditorium.
School, except high school or university.
One for each ten seats in auditorium or main assembly room, or one for each classroom, whichever is greater.
University or high school.
One for each eight seats in main auditorium or three for each classroom, whichever is greater.
Community center, library, museum or art gallery.
Ten plus one additional for each 300 square feet of floor area in excess of 2,000 square feet.
Hospital, sanitarium, convalescent home, home for the aged or similar institution.
One for each three beds.
Theater or auditorium, (except school auditorium), sports arena, stadium or gymnasium.
One for each five seats or bench seating spaces.
Bowling alley.
Five for each lane, plus one additional space for each one hundred square feet of area used for eating, drinking or other recreation.
Mortuary or funeral home.
One for each fifty square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
Personal or professional services, restaurants, night clubs, cafes or similar recreation or amusement establishments, dance halls, assembly or exhibition halls without fixed seats.
One for each one hundred square feet of floor area.
Offices and professional services.
One for each 200 square feet of public service floor area, minus areas not used directly by the employees in their work or generally accessible or used by the customer of the business, shelving, restrooms, and back rooms.
Banks, retail business or business service establishment except as otherwise specified herein.
One for each 200 square feet of public service floor area, minus areas not used directly by the employees in their work or generally accessible or used by the customer of the business, shelving, restrooms and back rooms.
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service.
Two plus one additional for each 200 square feet of floor area over 1,000 square feet.
Printing or plumbing shop or similar service establishment.   
One for each two persons employed therein.
Manufacturing or industrial establishment, research or testing laboratory, dairy processing, bakery, bottling plant, warehouse or similar establishment.
One for each three employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
   (c)    Rules Governing the Determination of Number of Spaces. In computing the number of spaces required in subsection (b) of this section, the following rules shall govern:
      (1)    "Floor area" means the usable floor area of the specified business.
      (2)    Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
      (3)    The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
      (4)    Whenever a building or use constructed or established after the effective date of this Zoning Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
         (Ord. 34-17. Passed 11-20-17.)

1155.03 SPECIAL PARKING PROVISIONS.

   (a)    The parking of disabled vehicles within a residential district for a period of more than one week shall be prohibited, except that such vehicles may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while such vehicles are parked or stored.
   (b)    All parking spaces required herein shall be located on the same lot with the building or use served. Where possible, however, the required space may be located not to exceed 500 feet away from the use being served.
   (c)    Not more than fifty percent of the parking spaces required for (1) theaters, bowling alleys, dance halls, night clubs or cafes, and up to one hundred percent of the parking spaces required for a church or school auditorium, may be provided and used jointly by (2) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (1), provided however, that acceptable agreement thereto is made as specified in subsection (d) hereof.
   (d)    In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the Solicitor and executed by Council and shall be filed with the application for a building permit. Where written agreements are not feasible, Council may make exceptions.
(Ord. 40-63. Passed 12-12-63.)

1155.04 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.

   Every parcel of land hereafter used as a public, commercial or private parking area shall be developed and maintained in accordance with the following requirements.
   (a)    Screening and Landscaping. Off-street parking areas for more than ten vehicles shall be effectively screened on each side which adjoins or faces premises situated in any "R" District, or institutional premises by a masonry wall or solid fence of acceptable design. Such wall or fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any "R" District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. In lieu of such wall or fence, a strip of land not less than fifteen feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height may be substituted.
   (b)    Minimum Distance and Setbacks. No part of any parking area for more than twenty vehicles shall be closer than twenty feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall of acceptable design. If on the same lot with a main building, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than five feet to any established street or alley right of way. The wall or hedge required in subsection (a) hereof shall be set back from each street, the same as if it were a building wall, so as to observe the front yard requirements of this Zoning Ordinance.
   (c)    Surfacing. Any off-street parking area for more than ten vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface, and shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles. The foregoing surfacing requirements shall not apply to a parking area in an "M" District if more than 200 feet distant from any "R" District, except that a dustless surface shall be provided in any case.
   (d)    Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
      (Ord. 40-63. Passed 12-12-63; Ord. 02-08. Passed 2-18-08.)