Dover City Zoning Code
ARTICLE II
Zoning Districts and Regulations
§ 160-4 Zones and boundaries.
B.
Boundaries of zones. Where uncertainty exists as to the boundaries of the zones as shown on the Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following municipality limits shall be construed as following municipality limits.
(4)
Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed to follow such center lines.
(5)
Boundaries indicated as parallel to or extensions of features indicated in Subsection A(1) through (4) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(6)
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in circumstances not covered by Subsection A(1) through (5), the Zoning Hearing Board shall interpret the district boundaries.
§ 160-5 Use regulations.
A.
Uses permitted. The uses permitted in the zones established by this chapter and the permitted extent of these uses are as shown in §§ 160-6 through 160-8. The uses shown as permitted in each zone are the only uses permitted in that zone. Unless otherwise noted, the use or dimensional standards are the requirements for each use. However:
B.
All other uses. Any use not specifically allowed elsewhere in this chapter shall be allowed only by special exception in the zone or zones where and to the extent that similar uses are permitted or allowed by special exception, provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.
C.
Accessory uses and structures. Accessory uses and structures shall be permitted in conjunction with the principal uses permitted by this chapter and shall be further subject to the requirements for accessory uses and structures as set forth in § 160-8.
D.
Uses with nuisance effect. In no case is a use permitted which by reason of noise, dust, odor, appearance or other objectionable factor creates a nuisance, hazard or other substantial adverse effect upon the reasonable enjoyment of the surrounding property.
E.
Number of principal uses per lot. Unless otherwise specifically provided in other provisions of this chapter, only one specific principal use shall be allowed on a lot of land.
[Added 10-6-2003 by Ord. No. 2003-3]
§ 160-6 Village Center Zone (V).
[Amended 10-6-2003 by Ord. No. 2003-03; 12-7-2009 by Ord. No. 2009-3]
A.
Purpose. The purpose of the V Zone is to provide for diverse and concentrated traditional neighborhood development patterns that offer a walkable/pedestrian friendly environment. The V District shall include a variety of mixed uses including retail and commercial services, civic and residential uses as well as public spaces. The V District shall encourage development that combines ground-floor and upper-story offices or residential uses. The V District shall be densely developed while transitioning to less dense and less diverse development patterns outside the V District. Buildings and streetscape enhancements in the V District shall have consistent building setbacks, sidewalk design, pedestrian scale lighting and tree planting schemes.
B.
Uses by right. The following principal uses are permitted by right in the V Zone:
(1)
Single-family dwelling.
(2)
Two-family dwelling.
(3)
House of worship.
(4)
Club room, meeting hall.
(5)
Public utility building or facility.
(6)
Parking lot or parking garage.
(7)
Business or professional office.
(8)
Funeral home and crematory.
(9)
Finance, insurance, and real estate.
(10)
Day care, commercial/child care center.
(11)
Retail store.
(12)
Eating place.
(13)
Personal service business.
(14)
Greenhouse.
(15)
Public building or facility.
(16)
Outdoor sales or service establishment.
(17)
Vehicle sales, service or repairs establishment, excluding the sale of gasoline.
(18)
Medical clinic.
(19)
Research laboratory.
(20)
Mixed-uses.
(21)
No-impact home-based business.
(22)
OTARD.
(23)
Personal communication transmitting and receiving facility.
(24)
Group home.
(25)
Infill development (residential and non-residential).
(26)
Laundry/laundromat/dry cleaning.
(27)
Cottage industry uses.
C.
Uses by special exception. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles VI and VII of this chapter.
(1)
Multi-family dwelling(s).
(2)
Dwelling conversion.
(3)
Rooming house.
(4)
Motel or hotel.
(5)
Care facilities including convalescent/nursing home; intermediate care facility; domiciliary care facilities; and family day care home.
(6)
Recreation or entertainment facility.
(7)
Tavern.
(8)
Manufacturing or industrial establishment.
(9)
Shopping center.
(10)
Automotive fueling facility, which may be coupled with automotive repairs or retail sales.
(11)
Junkyard.
(12)
Heavy storage service (e.g., warehouse, building material yard, large machinery, equipment, commercial vehicles, trailers and similar items).
(13)
Animal hospital.
(14)
Home occupation or profession.
E.
Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:
(1)
Front setback: The front setback of any principal building/structure shall be located at the same distance to the street as the majority of the adjacent structures located on the same block as well as adjacent blocks if such structure is located on a corner lot.
(2)
Each side setback: 10 feet.
(3)
Rear setback: 30 feet.
F.
Building height. The height limit for a main building shall be 2 1/2 stories, but not over 35 feet. The height limit for accessory buildings shall be two stories, but not over 25 feet.
G.
Lot coverage. Not more than 80% of the lot area may be covered by impervious surfaces such as buildings, parking areas, driveways, sidewalks, etc.
H.
Parking. All uses, including each use within a mixed use development or structure and all residential and mixed-use conversions must provide the required parking in accordance with § 160-11.
I.
Minimum dwelling unit size: 700 square feet.
J.
Maximum residential density: 12 dwelling units per structure.
K.
Village design standards. New development and any new infill development or building additions or expansions within the Village District of Dover Borough shall:
(1)
Be rehabilitated, designed, and/or constructed to be consistent with the general architectural styles, setbacks, height, bulk and placement of structures located on adjoining properties and within the block within which the infill development or building addition or expansion is located. In addition to the general special exception criteria, the following criteria must be met.
(a)
If demolition of existing structures is proposed, the applicant must supply structural analysis to support that demolition of existing structures is in the best interest of promoting public health, safety and welfare. Accessory structures are exempt.
(b)
Site design plan and elevations depicting building size and placement, architectural styles, signage and off-street parking shall be submitted for review.
(c)
Off-street parking in the front yards of existing buildings or in the front yards of new infill development is prohibited.
(2)
Be compact.
(3)
Be designed for pedestrian safety.
(4)
Propose the location, design, type and use of structures be placed in close proximity to the street.
(5)
Propose all building front entrances shall be oriented to the main street.
(a)
Front setback of any new principal building/structure shall be located at the same distance to the street as the majority of the adjacent structures located on the same block as well as adjacent blocks if such structure is located on a corner lot.
(6)
Be easily accessible by visitors and pedestrians.
(a)
Sidewalks and walkways shall be provided to access building front entrances.
(7)
Permit alleys and lanes. Alleys and lanes give secondary access to property for deliveries and are required for parking garage, utilities, garbage collection location.
(8)
Provides a mix of uses, including residential, commercial, civic, and public spaces in close proximity to one another; A mix of uses within the same building is permitted.
(9)
Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes and incomes.
(10)
Incorporate a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments.
(11)
Retain existing buildings with historical features or architectural features that enhance the visual character of the village area.
(12)
Propose the location, design, type and use of streets, alleys, sidewalks and other public rights-of-way with streets be laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provide multiple routes from origins to destinations are designed to serve the needs of pedestrians and vehicles equally. All streets in the V District shall have sidewalks.
(13)
Parking. All off-street vehicular parking lots shall be located either behind or to the side of buildings. Residential garage entry shall be accessed from the rear or side of any property and served by an alley. Parking requirements are as follows:
(14)
Be consistent with the architectural style and variety, height, building location from the street, and building materials of existing or traditional village style exhibited within the V District. All new development created shall include a number of minor design and site planning elements to ensure quality and compatibility with general architectural styles in the V District. The applicant shall use the following Lot Diagrams that depict encouraged and discouraged development concepts for interior and exterior lots. Architectural standards are as follows:
(a)
Front porches cannot be closer than 10 feet from any front property line.
(b)
Building materials shall be of wood, fiber-cement siding or other siding of similar or superior quality, stone and/or brick.
(c)
Optimize privacy of residents and minimize infringement on the privacy of adjoining land uses through the strategic placement of windows, door entrances, porches, and similar structures, especially as it relates to accessory structures.
(d)
Building orientation should maintain the integrity of the streetscape and provide direct, safe access to Main Street.
(e)
Buildings shall use at least five of the following architectural design elements:
[1]
Dormers along the facades facing public streets.
[2]
Gables (pitch not less than 4:12) along the facades facing public streets.
[3]
Covered porch or entries with decorative pillars or posts along the facades facing public streets.
[4]
Window shutters along the facades facing public streets.
[5]
Cupolas along the facades facing public streets.
[6]
Bay or bow window (minimum of 12 inch projection) along the facades facing public streets.
[7]
Eaves (minimum of six inch projection) along the facades facing public streets.
[8]
Off-sets in building face or roof (minimum of 12 inches) along the facades facing public streets.
Residential-Office | Mixed-Use Commercial |
|---|---|
 |  |
(f)
Detached garages.
[1]
Detached garages shall be in the rear yard of the property if an alley exists.
[2]
Detached garages shall contain a similar building materials and color schemes as that of the front facade of the primary structure.
[3]
Attached garages shall contain a similar building materials and color schemes as that of the front facade of the primary structure.
[4]
Attached garages shall have either side or rear yard access which is not visible to the front facade of the structure.
(15)
Conform to the residential density, lot area, lot width, and minimum dwelling unit size requirements in this Section.
Lot Diagrams  |
§ 160-7 Residential Zone (R).
[Amended 10-6-2003 by Ord. No. 2003-3; 12-7-2009 by Ord. No. 2009-3]
A.
The purpose of the R Zone is to improve and maintain the character of the newer residential areas within the Borough; to provide for the orderly expansion of residential development; to provide for the public health and to prevent the overcrowding of land through the application of maximum housing densities; to provide standards which will encourage the installation of public facilities and the preservation of open space, to exclude any activities not compatible with residential development.
C.
Uses by special exception. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Articles VI and VII of this chapter.
(1)
Mobile home park.
(2)
Dwelling conversion.
(3)
Multi-family dwelling(s).
(4)
Public building or facility.
(5)
Convalescent or nursing home.
(6)
House of worship.
(7)
Public utility building or facility.
(8)
Parking lot or parking garage.
(9)
Medical clinic.
(10)
Horticultural nursery.
(11)
Greenhouse.
(12)
Home occupation or profession.
D.
Minimum lot area. Lot area not less than the following dimensions shall be provided for each principal use hereafter established in this zone:
Use | Public Water and Public Sewer (square feet) | Public Water or Public Sewer (square feet) | No Public Water and No Public Sewer (square feet) | |
|---|---|---|---|---|
Single-family dwelling | 8,000 | 20,000 | 40,000 | |
Single-family semidetached | 3,500 square feet of lot area/unit | N/A | N/A | |
Conversion of a residential dwelling (see § 160-65C) | 5,000 square feet of lot area/unit | N/A | N/A | |
Mobile home park | 3 acres | N/A | N/A | |
Other uses | 10,000 | 30,000 | 40,000 |
E.
Lot width. Lot width not less than the following dimensions shall be provided for each principal use hereafter established in this zone:
Use | Public Water and Public Sewer (feet) | Public Water or Public Sewer (feet) | No Public Water and No Public Sewer (feet) | |
|---|---|---|---|---|
Single-family dwelling | 70 | 100 | 150 | |
Other uses | 100 | 120 | 150 |
F.
Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:
(1)
Front setback. The front setback of any principal building/structure shall be located at the same distance to the street as the majority of the adjacent structures located on the same block as well as adjacent blocks if such building/structure is located on a corner lot.
(2)
Each side setback: 15 feet.
(3)
Rear setback: 30 feet.
G.
Building height. The height limit for a main building shall be 2 1/2 stories, but not over 35 feet. The height limit for accessory buildings shall be two stories, but not over 25 feet.
H.
Lot coverage. Not more than 60% of the lot area may be covered by impervious surfaces such as buildings, parking areas, driveways, sidewalks, etc.