Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
A. 
Zoning districts. For the purpose of this chapter, the Town of Dover is hereby divided into zoning districts as follows:
[Amended 11-13-1995 by Ord. No. 28-1995; 7-9-1996 by Ord. No. 22-1996; 12-29-2009 by Ord. No. 18-2009[1]]
R-1
Single-Family
R-1S
Steep Slope Single-Family
R-2
Single-Family
R-3
Double-Family
R-3A
Double-Family/Rooming House
R-4
Multifamily
C-1
Retail Commercial
C-2
General Commercial
C-3
Light Industrial-Commercial
D1
Station Area
D2
Blackwell Street Historic
D3
East Blackwell Business
D4
South Downtown
IND
Industrial
IND/OP
Industrial-Office Park
RAD
Redevelopment Area District
BHRPA
Bassett Highway Redevelopment Plan Area
SSRA
Scattered Site Redevelopment Area
GMRA
Guenther Mill Redevelopment Area
P-1 RA
Parcel P-1 Redevelopment Area
[1]
Editor’s Note: Amended 1-2018 pursuant to the direction of the Town Engineer.
B. 
Zoning Map.[2] The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map, Town of Dover, Morris County, New Jersey," prepared by Michael A. Hantson, PE, PP, CME, Town Engineer and Planner, revision B., dated January 8, 2018, which accompanies and is hereby made part of this chapter.
[Amended 7-9-1996 by Ord. No. 22-1996; 12-29-2009 by Ord. No. 18-2009[3]]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[3]
Editor’s Note: Amended 1-2018 pursuant to the direction of the Town Engineer.
C. 
Interpretation of boundaries. District boundary lines are intended to follow street center lines, watercourses and lot or property lines as they exist at the time of enactment of this chapter unless otherwise indicated by dimensions of the Zoning Map. The exact location of any disputed district boundary line shall be determined by the Board of Adjustment.
D. 
Division of a lot in single ownership. Where a district boundary line divides one or more lots which are in a single ownership at the time of the passage of this chapter, any use authorized in either district on such lot or lots may extend not more than 50 feet beyond the boundary line of the district in which such use is authorized. The uses so extended shall be deemed to be conforming.
E. 
Vacation of streets or other public ways. Where a vacated right-of-way was bounded on either side by more than one district, the former center line of such right-of-way shall determine the extension of each district. Hence the zoning districts adjoining the side of such districts of such public way shall be extended to the center line to include the right-of-way thus vacated.
A. 
The restrictions and controls intended to regulate development in each zoning district are herein set forth.
[Amended 5-9-1995 by Ord. No. 16-1995; 11-13-1995 by Ord. No. 28-1995]
B. 
Prohibited uses. All uses not expressly permitted in this chapter are prohibited uses.
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Single-family dwellings.
(2) 
Parish houses and rectories.
(3) 
One rooming unit in a single-family dwelling, rented or leased in that single-family dwelling by a senior citizen, as defined in N.J.S.A. 40:55D-68.5, who is the owner of the single-family dwelling which is his primary residence, together with the general use associated with that dwelling.
[Amended 2-8-2005 by Ord. No. 2-2005]
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for six or fewer persons, excluding resident staff.
[Added 6-13-1995 by Ord. No. 17-1995]
B. 
Accessory uses.
(1) 
Accessory uses shall be as follows:
(a) 
Home occupations.
(b) 
Private garages.
(c) 
Private residential swimming pools.
(d) 
Other accessory uses customarily associated with the principal or conditional use, provided that such accessory uses are subordinate to the principal or approved conditional use, do not change the character of the principal or approved conditional use and serve only the principal or conditional use that lawfully exists on the property.
[Added 3-26-2002 by Ord. No. 8-2002]
(2) 
Accessory buildings and structures shall meet the following conditions and be limited to the following stated uses:
[Added 3-26-2002 by Ord. No. 8-2002]
(a) 
No room or rooms in any accessory building or structure shall be a habitable room or used for human habitation.
(b) 
Storage of motor vehicles.
(c) 
Storage of household effects.
(d) 
Storage of tools and equipment.
(e) 
Noncommercial workshops for personal use by residents of the principal building.
C. 
Conditional uses, as stipulated in § 236-40. Conditional uses, as stipulated in § 236-40, shall be as follows:
(1) 
Public utility buildings, structures or facilities.
(2) 
Satellite antennas.
(3) 
Hospitals.
(4) 
Churches.
(5) 
Rest homes and convalescent homes.
(6) 
Public parks and playgrounds.
(7) 
Libraries and museums.
(8) 
Professional occupations.
(9) 
Cemeteries.
(10) 
Schools.
(11) 
Community buildings or centers.
(12) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for more than six persons, excluding resident staff.
[Added 6-13-1995 by Ord. No. 17-1995]
D. 
Bulk requirements.
(1) 
Every lot in an R-1 District shall have a minimum width of 75 feet at the street line and a minimum area of 7,500 square feet. Every principal building shall be provided with two side yards totaling 25 feet in width. The minimum width of any side yard shall not be less than 10 feet, including the side yards of corner lots.
[Amended 4-15-2000 by Ord. No. 9-2000]
(2) 
Every lot in the R-2 District shall have a minimum width of 50 feet at the street line and a minimum area of 5,000 square feet. Every new principal building constructed after the effective date of this subsection shall be provided with two side yards totaling 17 feet in width, and the minimum width of one of the side yards shall not be less than 10 feet, including the side yards of corner lots, but in no case shall any side yard be less than seven feet. Every existing principal building constructed prior to the effective date of this subsection shall maintain two side yards totaling 15 feet in width, and the minimum width of one of the side yards shall be maintained at not less than seven feet, including the side yards of corner lots, but in no case shall any side yard be less than seven feet.
[Amended 4-28-1998 by Ord. No. 15-1998; 4-15-2000 by Ord. No. 9-2000]
(3) 
No principal building shall be closer than 30 feet to the rear lot line or closer than 20 feet to the street line. In blocks where more than 50% of the properties abutting a common street line are developed, the front yard of the principal building may be the average of all the existing setbacks but in no case be less than 10 feet.
(4) 
Lot coverage shall not exceed 65% or 4,300 square feet, whichever is smaller on any residential lot.
(5) 
Building coverage shall not exceed 25%.
[Added 4-28-1998 by Ord. No. 15-1998]
E. 
Height limits. No building or structure in the R-1 and R-2 Districts shall have a height of building in excess of 30 feet. There shall be no more than 2 1/2 stories above grade (see the definition of "story above grade"). Any story above the second story above grade that constitutes more than a half story, as defined herein, or any story below the first story that is not a basement, as previously defined, shall be deemed a violation of this limitation.
[Amended 4-28-1998 by Ord. No. 15-1998; 7-10-2007 by Ord. No. 22-2007]
F. 
Minimum floor area.
(1) 
Every new residential building in an R-1 District shall have a minimum gross first floor area of 1,000 square feet per dwelling unit.
(2) 
Every new residential building in an R-2 District shall have a minimum gross first floor area of 800 square feet per dwelling unit.
G. 
Floor area ratio (FAR). FAR shall not exceed 0.55 for residential principal structures. FAR shall include all floor spaces, including basements, attached garages and half-story spaces within all principal structures, but excluding attached open decks, open porches and detached accessory structures.
[Added 7-10-2007 by Ord. No. 22-2007[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection G as Subsection H.
H. 
Off-street parking.
(1) 
All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Any use permitted in the R-1 and R-2 Districts.
(2) 
Two-family dwellings and duplex dwellings.
(3) 
Funeral homes.
B. 
Accessory uses: same as R-1 and R-2 Districts.
C. 
Conditional uses, as stipulated in § 236-40: same as R-1 and R-2 Districts.
D. 
Bulk requirements.
(1) 
Every single-family dwelling in an R-3 District shall conform to the regulations for a single-family dwelling in the R-2 District.
(2) 
Every two-family or duplex dwelling in an R-3 District shall have a minimum lot width of 75 feet at the street line and a minimum area of 7,500 square feet. Every principal building shall be provided with two side yards totaling 25 feet in width. The minimum width of any side yard shall not be less than 10 feet, including the side yards of corner lots.
[Amended 4-15-2000 by Ord. No. 9-2000]
(3) 
No principal building shall be closer than 30 feet to the rear lot line or closer than 20 feet to the street line. In blocks where more than 50% of the properties abutting a common street line are developed, the front yard of the principal building may be the average of all the existing setbacks but in no case less than 10 feet.
(4) 
Lot coverage shall not exceed 65% or 4,300 square feet, whichever is smaller.
[Added 4-28-1998 by Ord. No. 15-1998]
(5) 
Building coverage shall not exceed 25%.
[Added 4-28-1998 by Ord. No. 15-1998]
E. 
Height limits. No building or structure in the R-3 District shall exceed 35 feet in height or 2 1/2 stories above grade.
[Amended 4-28-1998 by Ord. No. 15-1998]
F. 
Minimum floor area.
(1) 
Every new single-family dwelling in an R-3 District shall conform to the regulations of the R-2 District.
(2) 
Every new two-family or duplex dwelling shall have a minimum gross floor area of 800 square feet per dwelling unit.
G. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses: same as R-3 District.
B. 
Accessory uses: same as R-3 District.
C. 
Conditional uses as stipulated in § 236-40. Conditional uses as stipulated in § 236-40 shall be as follows:
(1) 
Same as R-3 District.
(2) 
Boardinghouses and rooming houses for more than two roomers, boarders or lodgers.
D. 
Bulk requirements: same as R-3 District.
E. 
Height limits: same as R-3 District.
F. 
Minimum floor area: same as R-3 District.
G. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Two-family dwellings and duplex dwellings.
(2) 
Garden apartments.
(3) 
Funeral homes.
(4) 
Public or private parking lots and parking garages.
(5) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for six or fewer persons, excluding resident staff.
[Added 6-13-1995 by Ord. No. 17-1995]
B. 
Accessory uses: same as R-1 and R-2 Districts.
C. 
Conditional uses. Conditional uses shall be as follows:
(1) 
Hotels and motels.
(2) 
Same as R-1 and R-2 Districts.
D. 
Bulk requirements.
(1) 
Two-family dwellings and duplex dwellings in the R-4 District shall conform to the area and yard requirements for two-family and duplex dwellings as set forth in the R-3 District.
(2) 
Garden apartments and hotel and motel buildings shall be set back from all street lines a minimum of 50 feet, except that none shall be erected or constructed within 75 feet of any R-1, R-2 or R-3 District lines. Garden apartments shall be constructed on lots a minimum of 200 feet in width at the street line and a minimum lot area of five acres and shall more particularly conform to the additional standards as set forth under §§ 236-35 through 236-42 of this chapter.
(3) 
No building in the R-4 District shall be closer than 40 feet to any rear lot line.
E. 
Height limits: same as R-1 and R-2 Districts.
F. 
Minimum floor area. All single- and two-family or duplex dwellings in the R-4 District shall conform to the minimum residential floor areas as established in the R-2 District.
G. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses. Principal uses shall be as follows:
(1) 
The following types of establishments:
(a) 
Food stores.
(b) 
Markets.
(c) 
Clothing and apparel stores.
(d) 
Book stores (excluding adult book stores).
(e) 
Sporting goods stores.
(f) 
Department stores.
(g) 
Banks.
(h) 
Drugstores.
(i) 
Barbershops.
(j) 
Beauty salons.
(k) 
Cleaners which do not perform cleaning on the premises.
(l) 
Stationery stores.
(m) 
Jewelry stores.
(n) 
Office supply stores.
(o) 
furniture stores.
(p) 
Bars or taverns.
[Amended 2-10-2015 by Ord. No. 01-2015]
(q) 
Bars, with live entertainment.
[Amended 2-10-2015 by Ord. No. 01-2015]
(r) 
Bus depots or other transportation centers.
(s) 
Hotels.
(t) 
High-rise apartments.
(u) 
Government buildings.
(v) 
Offices.
(w) 
Libraries.
(x) 
Museums and community centers.
(y) 
Photographers' studios.
(z) 
Music and dance studios.
(aa) 
Package goods stores.
(bb) 
Computer, audio and video electronic sales and repair shops.
(cc) 
Florists.
(dd) 
Restaurants.
[Amended 2-10-2015 by Ord. No. 01-2015]
(ee) 
Newspaper publishers.
(ff) 
Restaurants, fast food.
[Added 2-10-2015 by Ord. No. 01-2015]
(gg) 
Restaurants, formula fast food.
[Added 2-10-2015 by Ord. No. 01-2015]
(hh) 
Restaurants with limited live entertainment.
[Added 2-10-2015 by Ord. No. 01-2015]
(2) 
Parks and playgrounds.
(3) 
Buildings used exclusively by federal, state, county or local government.
(4) 
Shopping centers containing the type of retail and service establishments permitted as principal uses.
(5) 
Automobile parking lots and parking garages, provided that no more than two points of ingress/egress are placed along the same street within the limits of one block.
(6) 
Flea markets as defined, regulated and licensed in accordance with Chapter 196, Flea Markets and Concessionaires.
[Added 5-9-1995 by Ord. No. 16-1995]
B. 
Accessory uses and buildings permitted. Accessory uses and buildings permitted shall be private garages for commercial vehicles associated with permitted principal uses.
C. 
Conditional uses as stipulated in § 236-40 shall be as follows:
[Amended 5-8-2001 by Ord. No. 9-2001]
(1) 
Same as R-1 and R-2 Districts.
(2) 
Fraternal organizations, clubs, lodges and meeting rooms of nonprofit organizations.
(3) 
Apartment units.
(4) 
Limousine service businesses.
(5) 
Taxicab service business.
(6) 
Nightclubs.
[Added 2-10-2015 by Ord. No. 01-2015]
D. 
Bulk requirements.
(1) 
There shall be no minimum lot size or yard requirements in the C-1 District.
(2) 
All buildings in the C-1 District may be attached. In the event that buildings are not attached, the separation shall be a minimum of 15 feet in order to provide access to the rear of the property by fire apparatus. Such opening or alley shall be lighted and kept free of debris and may serve as pedestrian access to parking areas and streets.
(3) 
The roof line of all floors above the second shall be set back from the side building line a horizontal distance equivalent to 1/2 the vertical height of the respective roof line.
E. 
Height limits. All buildings in the C-1 District may be erected up to 14 stories, except that no building shall exceed 160 feet in height above the street line.
F. 
Minimum floor area: same as the R-4 District.
G. 
Off-street parking requirements.
(1) 
All residential uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
(2) 
For all other uses, the following requirements shall be met:
(a) 
For new development of a vacant lot, off-street parking shall be in accordance with § 236-43.
(b) 
For redevelopment of a lot which the cost of redevelopment exceeds 50% of the value of existing improvements, as determined by the Construction Official, and site plan review is required, off-street parking shall be in accordance with § 236-43.
(c) 
For all other permitted nonresidential uses, there shall be no off-street parking requirements.
This section of the Land Development Ordinance establishes the Downtown District and provides a Form-Based Code (code) for Town of Dover's downtown area (Downtown). Where the provisions of the Land Use and Development Code and § 236-17.1 are inconsistent, the regulations of § 236-17.1 shall apply. Any graphical reference to District boundaries shown in § 236-17.1 shall be superseded by the boundaries adopted by the Zoning Map – Town of Dover[1] as they may be lawfully changed from time to time. A companion document entitled "Form Based Code – Town of Dover," prepared by Heyer, Gruel & Associates, dated November 2009, contains graphical and pictorial examples of the application of this code and is encouraged to be used for reference not regulatory purposes.
A. 
Intent.
(1) 
The primary intent of this section of the Land Development Ordinance is to establish the Downtown District and create a regulatory framework to implement the 2006 Transit Oriented Development Plan (TOD Plan) for the downtown area.
(2) 
The downtown districts comprise subareas 1, 3 and 5 of the TOD Plan and include the train station and its surrounding properties, retail uses on Blackwell Street, and the surface parking lots owned by the Town and NJ Transit. The zone boundaries of the downtown districts generally follow the subarea boundaries established in the TOD Plan (see Zoning Map[2]) and the Dover Historic District boundary. The key principles of each subarea, and the character defining elements of the Historic District, are translated into district goals of the respective downtown district.
[2]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
(3) 
The Downtown District is composed of the D1 Station Area District, D2 Blackwell Street Historic District, D3 East Blackwell Business District, and D4 South Downtown District, which form the basis of a comprehensive change to the zoning within the Downtown. The land development regulations for the downtown districts are "form-based" and place greater emphasis on the form of a building, rather than the use of a development site (or sites), and are meant to achieve predictable physical outcomes. They regulate the form, placement and design of private buildings in order to shape the public realm — the space between buildings. These form-based regulations will facilitate new development in Dover while remaining respectful of the historic integrity of the Town.
(4) 
Specific objectives of the downtown districts are:
(a) 
To create a framework for the construction of new buildings and renovation of existing buildings with a form-based approach and to reinforce the positive elements of the downtown area.
(b) 
To define distinctive street profile specifications considering the needs of various groups of users – businesses, pedestrians, motorists, bicyclists, and transit riders — while creating a public realm that is active, comfortable and attractive.
(c) 
To provide design standards for enhancing the downtown and guide the form and architecture of new development to be complementary to its historic character and context.
B. 
Organization. This section of the Land Development Ordinance regulates development by the provision of District Regulating Map – Designated Districts (Regulating Map 1), District Regulating Map – Designated Overlays (Regulating Map 2), Height Regulating Map, downtown districts, building types, frontage types, street profile specifications, architectural standards, and definitions.
(1) 
District Regulating Map 1 – Downtown Districts (Regulating Map 1).[3]
(a) 
The Downtown District boundaries are established by Zoning Map but are indicated herein for reference by District Regulating Map 1 – Downtown Districts (Regulating Map 1), Figure 236-17.1A. Future boundaries may change therefore the Zoning Map should be referred to for regulatory purposes.
(b) 
The following downtown districts are established:
[1] 
D1 Station Area District.
[2] 
D2 Blackwell Street Historic District.
[3] 
D3 East Blackwell Business District.
[4] 
D4 South Downtown District.
[3]
Editor's Note: District Regulating Map 1 is included at the end of this chapter.
(2) 
District Regulating Map 2 – Civic Spaces and Public/Quasi-Public Overlays (Regulating Map 2).[4] The designated overlays are established by the District Regulating Map 2 – Civic Spaces and Public/Quasi-Public Overlays (Regulating Map 2), Figure 236-17.1B Regulating Map 2 shows the location of designated civic buildings, civic spaces, new rights-of-way, and public parking. The purpose of this map is to reserve specific areas within the downtown for the creation of public improvements including civic spaces, civic buildings, new rights-of-way and public parking. Development within these overlays shall be limited to the creation of civic spaces and public/quasi-public buildings, irrespective of the provisions of downtown districts. Development in the designated overlays is regulated as follows:
(a) 
Designated civic space: The primary use of land within this overlay shall be park, plaza, greenway or other types of public space. No building or parking may be constructed within the overlay.
(b) 
Designated civic building: provides for the conservation and construction of civic buildings. The primary use of land within this overlay shall be a civic building. The only building type permitted within the overlay shall be the civic building.
(c) 
Designated new right-of-way: The primary use of land within this overlay shall be a public right-of-way, designed in accordance with the street type specifications of this code. The New Right-Of-Way Overlay along the Dover Train Station frontage shall be designed in accordance with the recommendations of the TOD Plan and shall incorporate enhanced pedestrian improvements and a "kiss-n-ride" amenity.
(d) 
Designated public parking: The primary use of land within this overlay shall be surface or structured parking facilities for the provision of public parking. Liner buildings, as defined in the building type regulations of this Code, may be provided to shield parking areas from view.
[4]
Editor's Note: District Regulating Map 2 is included at the end of this chapter.
(3) 
District Regulating Map 3 – Building Heights.[5] The District Regulating Map 3 – Building Heights, Figure 236-17.1C, illustrates the maximum building height in stories and feet permitted in each Downtown District. The height regulations shall apply to new construction as well as the future demolition and replacement. The height regulations shall not apply to any existing buildings within the Historic District. Any deviation from the Height Regulating Map requires a variance either from N.J.S.A. 40:55D-70c or 40:55D-70d in accordance with the Municipal Land Use Law.
[5]
Editor's Note: District Regulating Map 3 is included at the end of this chapter.
(4) 
Downtown districts. This subsection establishes the primary goals and the general development regulations, including permitted uses, lot sizes, setbacks, building heights, and the location of parking in each downtown district. Permitted uses are provided by downtown district and building type, in the Permitted Uses by Building Type Summary Table. Any deviation from the principal permitted uses requires a "d" variance.
(5) 
Building types.
(a) 
Based on the predominant character and anticipated development patterns, as detailed in the TOD Plan, building types are specified for each of the downtown districts. Building types are either allowed or prohibited based on the intended character of a district; they are the character-defining elements of a district. Hence, any deviation from the permitted building types requires a "d" variance.
(b) 
Building type regulations, which focus on achieving the desired and essential characteristics, are specified in this subsection. This layer of regulation is designed to maintain the rich variety of buildings and streetscapes in the Downtown. The permitted uses, lot sizes, setbacks, building heights, and the location of parking are specified in the Downtown District regulations. The building type regulations do not apply to any existing buildings within the Historic District. A Zone Application Key Map is provided as a convenience for each building type. This key map shows the downtown districts or portions of downtown districts where the building type is permitted.
(c) 
In case of a conflict between regulations for downtown districts and the specific requirements of a building type, the building type requirements shall take precedence.
(6) 
Frontage types. The permitted frontage types include shopfront and awning; stoop; terrace; and arcade. Building frontage essentially defines the way a building relates to the public realm. Frontage types are intended to regulate the ground-level frontage of a building, along a public street or a public space and to ensure that its interface with the public realm and the transition between the two are detailed properly. In this code, frontage types are permitted by downtown district, building type as well as the building use provided at the street level. Any deviation from the design requirements of a permitted frontage type shall constitute a "c" variance.[6]
[6]
Editor's Note: See N.J.S.A. 40:55D-70c.
(7) 
Street profile specifications and District Regulating Map 4 – street types.[7] Streets within the Downtown are classified as Blackwell Street, Avenue "A," and Avenue "B," based on the function and width of right-of-way. The District Regulating Map 4 – street types, Figure 236-17.1-D, illustrates the primary street types within the Downtown. The Street Profile Specifications illustrate the typical configuration of streets and street segments within the Downtown. These specifications address vehicular lane widths, sidewalks, on-street parking, tree planting areas, bike lanes, and placement of street furniture and lighting. The respective street profile diagrams guide the street types.
[7]
Editor's Note: District Regulating Map 4 is included at the end of this chapter.
(8) 
Architectural standards. The Architectural Standards regulate the architectural elements of a building and set the parameters for configurations, styles, construction techniques, and desired materials. The standards also regulate the design of various elements of the buildings within the districts, including facades, roofs, fences, walls, and awnings. From a regulatory perspective, they shall be considered design standards, and deviations shall be considered design standard waivers.
(9) 
Sustainability/"green design" regulations for downtown districts. This section of the code provides the necessary steps in creating a sustainable, mixed-use, pedestrian-friendly environment that protects and enhances natural resources while providing individuals and families with safe, healthy and comfortable places to live, work, and recreate.
(10) 
Streetscape standards. The Streetscape Standards are meant to guide public investment in streetscape improvements and to assist property owners and developers in designing their own building's relation to the public realm. These standards specify the allowable planters, trash cans, bike racks, bus stops, lighting, and paving materials.
(11) 
Definitions. This section contains a glossary of technical terms that are specific to the downtown districts.[8] Article II, Definitions and Word Usage, shall be the primary source of all other definitions. In case of a conflict in usage of words, the definitions in this code shall supersede Article II.
[8]
Editor's Note: See Subsection L, Definitions.
C. 
Code navigation.
(1) 
The code for the Downtown has been designed to be user friendly. The provisions of the downtown districts can be verified in seven simple steps:
(a) 
Locate your parcel on the District Regulating Map 1 – Downtown Districts (Figure 236-17.1-A) and identify the downtown district in which it is located. Also, determine if your parcel is situated in the Historic District (as defined by § 236-96.7 in Article VIIIA of the Land Development Ordinance).
(b) 
Locate your parcel on the District Regulating Map 2 – Civic Spaces and Public/Quasi-Public Overlays (Figure 236-17.1-B) and determine if your parcel is situated in a designated overlay.
(c) 
Review the downtown districts subsection (§ 236-17.1D) to identify the permitted uses, lot sizes, setbacks, building heights, and the location of parking.
(d) 
Use the District Regulating Map 3 – Building Heights (Figure 236-17.1-C), to determine the maximum building height for the parcel.
(e) 
Review the building types subsection (§ 236-17.1E) to determine the building types that can be built on the parcel. Once a building type is identified determine the requirements that are specific to the building type.
(f) 
Review the frontage types subsection (§ 236-17.1F) to determine the frontage types allowed. Once a frontage type is identified, determine the requirements that are specific to the frontage type.
(g) 
Review the general regulations for downtown districts (§ 236-17.1H) to determine if any additional regulations may be applicable.
(h) 
Review the architectural standards (§ 236-17.1I) to determine the applicable architectural regulations.
(i) 
If the parcel is located within the Historic District, refer to Historic District requirements specified in § 236-96.7 in Article VIIIA of the Land Development Ordinance.
(2) 
Table 236-17.1-1 is a list of regulatory maps and summary tables:
Table 236-17.1-1
Regulatory Maps and Summary Tables
Subsection
Table/Figure No.
MAP
District Regulating Map 1 – Downtown Districts Note: Refer to Zoning Map for Boundaries
Organization
Figure 236-17.1-A
District Regulating Map 2 – Civic Spaces and Public/Quasi-Public Overlays
Organization
Figure 236-17.1-B
District Regulating Map 3 – Building Heights
Organization
Figure 236-17.1-C
District Regulating Map 4 – Street Types
Organization
Figure 236-17.1-D
Summary Table
Building types by Downtown District Summary Table
Downtown Districts
Table 236-17.1-2
Permitted Uses by Building Type Summary Table
Downtown Districts
Table 236-17.1-3
Allowable Frontage Types Summary Table
Frontage types
Table 236-17.1-4
D. 
Downtown districts.
(1) 
D1 Station Area District.
(a) 
District purpose/goal.
[1] 
To create a civic core of the Town with the Dover Train Station as its focus.
[2] 
To create a public plaza and an outdoor dining space at the train station.
[3] 
To continue the presence of multifamily residential housing close to the train station.
[4] 
To create an opportunity for public and commuter parking.
(b) 
Permitted uses.
[1] 
Principal uses: in accordance with the Permitted Uses By Building Type Summary Table.[9]
[9]
Editor's Note: See Subsection D(6).
[2] 
Accessory uses: uses accessory and incidental to principal permitted uses such as parking, loading, on-site storage, apartment common areas, and trash recycling areas.
[3] 
Additional use regulations:
[a] 
Public parking lots (and structures) are permitted as the primary use of property in the "public parking" overlay areas shown on District Regulating Map 2.[10]
[10]
Editor's Note: Said map is included at the end of this chapter.
[b] 
Multifamily residential housing is permitted as a principal use only in Block 1213, Lot 3.
(c) 
Placement of accessory uses with respect to principal building. Parking, loading, trash and on-site storage shall be located in the rear or interior only.
(d) 
Building form standards.
[1] 
The maximum wall plane width (vertical rhythm) shall be 50 feet.
[2] 
The maximum single tenant commercial area shall be 10,000 square feet.
[3] 
The minimum residential unit size shall be 800 square feet.
(e) 
Setbacks.
[1] 
Setbacks shall be regulated by building type.
(f) 
Building height.
[1] 
The minimum building height shall be regulated by building type.
[2] 
The maximum building height shall be as indicated in the District Regulating Map 3 – Building Heights.[11]
[11]
Editor's Note: Said map is included at the end of this chapter.
[3] 
There is no vertical setback requirement from a public street.
(g) 
Coverage requirements.
[1] 
Maximum building coverage shall not exceed 85%.
[2] 
Maximum impervious coverage shall not exceed 90%.
(h) 
Permitted building types. Only the following building types are permitted:
[1] 
Commercial block.
[2] 
Liner building.
[3] 
Townhouse.
[4] 
Civic building.
[5] 
Multifamily building.
(2) 
D2 Blackwell Street Historic District.
(a) 
District purpose/goal.
[1] 
To provide for the renovation and conservation of historic buildings within the Dover Historic District.
[2] 
To create a strong street edge of mixed-use buildings with retail on the ground floor with residential and commercial uses permitted by right in the upper floors.
[3] 
To create opportunities for retail, office, theaters, and eating/dining establishments.
(b) 
Permitted uses.
[1] 
Principal uses. Permitted uses within existing structures shall be in accordance with the permitted uses provided in the Permitted Uses by building type Summary Table (All Existing Buildings).[12]
[12]
Editor's Note: See Table 236-17.1-3 in Subsection D(6).
[2] 
Accessory uses: Uses accessory and incidental to principal permitted uses such as parking, loading, on-site storage, apartment common areas, and trash recycling areas.
(c) 
District regulations.
[1] 
All buildings within the Historic District shall be retained and restored as required by Article VIIIA, Historic Preservation.
[2] 
Where existing buildings are restored or reused in their current state, the principal structure of all existing buildings within the district shall be considered a conforming structure. No bulk requirements are provided within this district.
[3] 
In case of new construction or demolition (where existing buildings are replaced by new structures), the district, use, building type, and frontage regulations of D3 East Blackwell Business District shall apply.
[4] 
In case of new construction or demolition (where existing buildings are replaced by new structures), the architectural standards of this code shall apply.
[5] 
The provisions of Article VIIIA, Historic Preservation, shall apply to all lots within D2 Blackwell Street Historic District.
(3) 
D3 East Blackwell Business District.
(a) 
District purpose/goal.
[1] 
To build upon the characteristic elements of the Town's Historic District and function as an extension of the D2 Blackwell Street Historic District.
[2] 
To create a strong street edge of mixed-use buildings with retail on the ground floor with residential and commercial uses permitted by right in the upper floors.
[3] 
To create opportunities for retail, office, theaters, and eating/dining establishments.
(b) 
Permitted uses.
[1] 
Principal uses: in accordance with the Permitted Uses by Building Type Summary Table.[13]
[13]
Editor's Note: See Table 236-17.1-3 in Subsection D(6).
[2] 
Accessory uses: uses accessory and incidental to principal permitted uses such as parking, loading, on-site storage, apartment common areas, and trash recycling areas.
(c) 
Placement of accessory uses with respect to principal building. Parking, loading, trash and on-site storage shall be located in the rear or interior only.
(d) 
Building Form Standards.
[1] 
The maximum wall plane width (vertical rhythm) shall be 50 feet.
[2] 
The maximum single tenant commercial area shall be 10,000 square feet.
[3] 
The minimum residential unit size shall be 800 square feet.
(e) 
Setbacks.
[1] 
Setbacks shall be regulated by building type.
(f) 
Building height.
[1] 
The minimum building height shall be regulated by building type.
[2] 
The maximum building height shall be as indicated in the District Regulating Map 3 – Building Heights.[14]
[14]
Editor's Note: Said map is included at the end of this chapter.
[3] 
There is no vertical setback requirement from a public street.
(g) 
Coverage requirements.
[1] 
Maximum building coverage shall not exceed 70%.
[2] 
Maximum impervious coverage shall not exceed 70%.
(h) 
Permitted building types. Only the following building types are permitted:
[1] 
Commercial block.
[2] 
Corner buildings.
[3] 
Civic building.
(4) 
D4 South Downtown District.
(a) 
District purpose/goal.
[1] 
To create mixed-use development that capitalizes on its proximity to the train station and is a complementary extension of the existing downtown.
[2] 
To capitalize on the existing park/recreation space (Crescent Field).
[3] 
To create new multifamily residential housing close to the train station.
[4] 
To preserve and enhance the public and commuter parking facilities.
(b) 
Permitted uses.
[1] 
Principal uses: in accordance with the Permitted Uses by Building Type Summary Table.[15]
[15]
Editor's Note: See Table 236-17.1-3 in Subsection D(6).
[2] 
Accessory uses: uses accessory and incidental to principal permitted uses such as parking, loading, on-site storage, apartment common areas, and trash recycling areas.
[3] 
Additional use regulations:
[a] 
Multifamily and townhouse building types are only permitted west of Orchard Street.
[b] 
With respect to the New Jersey Transit maintenance facility in Block 510, Lot 6, should New Jersey Transit choose to change or relocate this facility, it must be relocated to a suitable location outside the downtown districts.
(c) 
Placement of accessory uses with respect to principal building: parking, loading, trash and on-site storage shall be storage shall be located in the rear or interior only.
(d) 
Building form standards.
[1] 
The maximum wall plane width (vertical rhythm) shall be 50 feet.
[2] 
The maximum single tenant commercial area shall be 20,000 square feet.
[3] 
The minimum residential unit size shall be 800 square feet.
(e) 
Setbacks.
[1] 
Setbacks shall be regulated by building type. Buildings with property lines adjoining a residential zone or a residential use shall have a vertical setback of 10 feet at every three stories along the property line.
(f) 
Building height.
[1] 
The minimum building height shall be regulated by building type.
[2] 
The maximum building height shall be as indicated in the District Regulating Map 3 – Building Heights.[16]
[16]
Editor's Note: Said map is included at the end of this chapter.
[3] 
Vertical setback from public street shall be a minimum of five feet for after the fourth story.
(g) 
Coverage requirements.
[1] 
Maximum building coverage shall not exceed 85%.
[2] 
Maximum impervious coverage shall not exceed 90%.
(h) 
Permitted building types. Only the following building types are permitted:
[1] 
Liner building.
[2] 
Courtyard building; only east of Orchard Street.
[3] 
Multifamily building; only west of Orchard Street.
[4] 
Corner building.
[5] 
Townhouse; only west of Orchard Street.
[6] 
Civic building.
[7] 
Commercial block.
(5) 
Allowable building types.
(a) 
The allowable building types are defined by downtown district.
(b) 
Any existing building within the D2 Blackwell Street Historic District shall be considered a conforming structure. In case of new construction or demolition, the regulations of the D3 East Blackwell Business District shall apply.
Table 236-17.1-2
Building Types by Downtown District Summary Table
Building Types
D1 Station Area District
D2 Blackwell Street Historic District
D3 East Blackwell Business District
D4 South Downtown District
Commercial block (CO)
Yes
See note below.
Yes
Yes
Liner building (LB)
YES
NO
YES
Townhouse (TH)
YES
NO
YES*
Courtyard building (CY)
NO
NO
YES**
Corner building (CR)
NO
YES
YES
Civic building (CI)
YES
YES
YES
Multifamily building (MF)
YES
NO
YES*
*
Only permitted west of Orchard Street.
**
Only permitted east of Orchard Street.
Note: Any existing building within the D2 Blackwell Street Historic District shall be considered a conforming structure. In case of new construction or demolition, the regulations of the D3 East Blackwell Business District shall apply.
(6) 
Permitted uses by building type. The permitted uses within downtown districts are defined by building type. Table 236-17.1-3 summarizes the permitted uses.
[Amended 4-10-2012 by Ord. No. 4-2012; 2-10-2015 by Ord. No. 01-2015]
Key
P
Permitted (all floors) principal use: Use may be provided on all floors in this building type.
Pu
Permitted (upper floors, above street level) principal use: Use may only be provided on the upper floors (above street level) of this building type.
Pul
Permitted (upper or lower floors, above or below street level) principal use: Use may only be provided on the upper or lower floors (above or below street level) of this building type.
Pc
Permitted as conditional uses as stipulated in § 236-40
N
Not permitted: Use is prohibited in this building type.
Table 236-17.1-3
Permitted Uses by Building Type Summary table
Permitted Uses
Building Types
Dwelling Unit
Hotel
Business/ Profes-
sional Office
Bank
Retail Sales and Service
Drive-
Through Uses
Bars or Taverns; Bars with live entertain-ment; restaurants; restaurants, fast-food; restaurants, formula fast-food; restaurants with limited live entertain-ment
Night-clubs
Theater
Music and Dance Studios and Fitness Centers
Club/ Frater-
nal organi-
zation
Civic Use/ Com-
munity Center
Commer-cial block (CO)
Pu
P
Pul
P
P
N
P
Pc
P
Pul
Pu
P
Liner building (LB)
Pu
Pu
P
P
P
N
P
Pc
P
P
Pu
P
Town-house (TH)
P
N
N
N
N
N
N
N
N
N
N
N
Court-yard building (CY)
Pu
Pu
P
P
P
N
P
Pc
P
P
Pu
P
Corner building (CR)
Pu
P
Pul
P
P
N
P
Pc
P
Pul
Pu
P
Civic building (CI)
N
N
N
N
N
N
N
N
N
P
P
P
Multi-family building (MF)
P
N
N
N
N
N
N
N
N
N
N
N
All existing buildings
Pu
P
Pul
P
P
N
P
Pc
P
Pul
Pu
P
E. 
Building types.
(1) 
Commercial block (CO). The commercial block is the most predominant building type found on Blackwell Street. It is typically a mixed-use building with retail uses at the street level and residential uses in the upper floors. These buildings are generally built up to the street without any side yard. The three predominant variants of the commercial block among existing buildings in Downtown are the twenty-five-foot- to thirty-foot-wide building, fifty-foot- to sixty-foot-wide building, and one-hundred-foot- to one-hundred-twenty-five-foot-wide building.
(a) 
Setback.
[1] 
The build-to-line distance shall be zero.
[2] 
Side yard setback distance shall be zero. A side yard setback of no more than five feet shall be permitted for pedestrian access only.
[3] 
There shall be no minimum side rear setback distance.
[4] 
The setback distance for surface parking shall be five feet.
(b) 
Building height.
[1] 
The minimum number of stories shall be two.
[2] 
The minimum building height shall be 30 feet.
[3] 
The minimum height of the ground floor shall be 12 feet.
[4] 
The maximum height of parking structures shall be equivalent to the maximum permitted building height.
(c) 
Building size.
[1] 
The maximum width of a building shall be 90% of the lot width, but not to exceed a maximum of 125 feet.
[2] 
The minimum depth of ground floor commercial space shall be 40 feet.
(d) 
Permitted configuration of parking.
[1] 
Both structured and surface parking shall only be permitted in the rear of the building.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for a signature building entrance shall be five feet.
[2] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
[3] 
The maximum building encroachment for an awning shall be five feet.
(f) 
Additional regulations.
[1] 
The upper-story storage, internal circulation areas, and staircases shall not be visible from the public street.
[2] 
Upper-story residential and office entrance lobbies are permitted at the street level.
[3] 
Pitched and mansard roofs are not permitted.
[4] 
Continuous "glass walls" are not permitted.
[5] 
Upper-story balconies are not permitted on facades visible from a public street.
[6] 
The height of a parking structure shall not exceed the height of principal building.
(2) 
Liner buildings (LB). A liner building is a mixed-use structure which is generally parallel to the street and designed to enclose a functional core such as a parking garage and shield the visibility of such structures from a public street, plaza or park. A liner building may include commercial, office, and/or residential uses. Entrances to liner buildings are provided in the form of a common lobby at the ground floor for access to upper-story residential and office spaces and as private front doors to access ground-level unit and street-level entrances to retail spaces. If the liner building encloses a parking structure, the rooftop space of the parking structure may be designed as a green roof, which would serve as residential amenity.
(a) 
Setback.
[1] 
The build-to-line distance shall be zero. A build-to-line distance of 10 feet shall be permitted when terrace or stoop frontages are provided.
[2] 
Side yard setback distance shall be zero. A side yard setback of no more than 25 feet shall be permitted for access only.
[3] 
There shall be no minimum side rear setback distance.
[4] 
The setback distance for surface parking shall be five feet.
(b) 
Building height.
[1] 
The minimum number of stories shall be three.
[2] 
The minimum building height shall be 40 feet.
[3] 
The minimum height of the ground floor shall be 12 feet.
[4] 
The maximum height of parking structures shall be equivalent to the maximum permitted building height.
[5] 
The maximum height of a corner architectural element shall be 20 feet.
(c) 
Building size.
[1] 
The maximum width of a building shall be 250 feet.
[2] 
The minimum depth of a building shall be 40 feet.
[3] 
The building frontage at the build-to-line shall not exceed 90% of the lot frontage.
(d) 
Permitted configuration of parking.
[1] 
Both structured and surface parking shall only be permitted in the rear of the building.
[2] 
Structured parking may be under habitable space or a green roof.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for a signature building entrance shall be five feet.
[2] 
The maximum building encroachment for an upper-story balcony shall be four feet.
[3] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
[4] 
The maximum building encroachment for an awning shall be five feet.
(f) 
Additional regulations.
[1] 
The upper-story storage, internal circulation areas, and staircases shall not be visible from the public street.
[2] 
Upper-story residential and office entrance lobbies are permitted at the street level.
[3] 
Rooftop of parking structures may be occupied by a green roof or habitable space.
[4] 
Pitched roofs, except mansard, are not permitted for buildings taller than four stories.
[5] 
Internal access to parking from the mixed-use liner building may be provided at every floor.
[6] 
The maximum footprint area of corner architectural elements shall be 300 square feet.
(3) 
Townhouse (TH). A townhouse is one in a series of one-family dwelling units that are attached vertically by common fire- and sound-resistant walls. Parking for a townhouse may be provided within the unit and accessed from a rear alley or as a common surface lot or parking structure within the townhouse development.
(a) 
Setback.
[1] 
The build-to-line distance shall be no more than 10 feet.
[2] 
Side yard setback distance shall be zero. A side yard setback of no more than 25 feet shall be permitted for access and landscaping only.
[3] 
There shall be no minimum side rear setback distance.
[4] 
The setback distance for surface parking shall be five feet.
(b) 
Building height.
[1] 
The minimum number of stories shall be three.
[2] 
The minimum building height shall be 40 feet.
[3] 
The shall be no minimum height of the ground floor.
[4] 
The maximum height of parking structures shall be equivalent to the maximum permitted building height.
(c) 
Building size.
[1] 
The minimum width of a building shall be 20 feet. The maximum width of a building shall be 30 feet.
[2] 
The minimum depth of a building shall be 40 feet.
[3] 
The building frontage at the build-to-line may equal 100% of the lot frontage.
(d) 
Permitted configuration of parking.
[1] 
Both structured and surface parking shall only be permitted in the rear of the building.
[2] 
Structured parking may be under habitable space or a green roof.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for an upper-story balcony shall be four feet.
[2] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
(f) 
Additional regulations.
[1] 
The maximum eave to roofline height of a mansard roof shall be five feet.
[2] 
The roofline of a pitched roof shall be parallel to the street.
[3] 
Continuous "glass walls" are not permitted.
[4] 
Townhouse buildings may be provided as a liner development for a parking structure on blocks west of Orchard Street. In such a case, the height of a parking structure may not exceed the height of the townhouse building.
[5] 
No more than six townhouse buildings may be attached by common walls.
(4) 
Courtyard building (CY). A courtyard building, as permitted by this code, is a mixed-use residential building with dwelling units arranged around an internal courtyard. The internal courtyard is a residential park area/green roof built on top of an embedded or underground parking deck and is designed to be an extension of Crescent Field. This building type is permitted only east of Orchard Street, and the internal courtyards within these buildings may only front onto Crescent Field.
(a) 
Setback.
[1] 
The build-to-line distance shall be zero. A build-to-line distance of 10 feet shall be permitted when terrace or stoop frontages are provided.
[2] 
Side yard setback distance shall be a maximum of 10 feet.
[3] 
There shall be no minimum side rear setback distance.
(b) 
Building height.
[1] 
The minimum number of stories shall be three.
[2] 
The minimum building height shall be 40 feet.
[3] 
The minimum height of the ground floor shall be 12 feet.
[4] 
The maximum height of parking structures shall be 25 feet.
[5] 
The maximum height of a corner architectural element shall be 20 feet.
(c) 
Building size.
[1] 
The maximum width of a building shall be 250 feet.
[2] 
The minimum depth of a building shall be 100 feet.
[3] 
The maximum depth of a retail or residential space shall be 40 feet.
[4] 
The building frontage at the build-to-line shall not exceed 90% of the lot frontage.
(d) 
Permitted configuration of parking.
[1] 
Structured parking may be under habitable space or a green roof.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for a signature building entrance shall be five feet.
[2] 
The maximum building encroachment for an upper-story balcony shall be four feet.
[3] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
[4] 
The maximum building encroachment for an awning shall be five feet.
(f) 
Additional regulations.
[1] 
A courtyard building is only permitted east of Orchard Street.
[2] 
Street-level entrance lobbies for upper-story office and residential uses are permitted.
[3] 
The maximum footprint area of corner architectural elements shall be 300 square feet.
[4] 
Courtyards shall be well lit and landscaped.
[5] 
Courtyards shall only front on Crescent Field.
[6] 
The minimum building height on the Crescent Field frontage may be reduced to two stories and 25 feet.
[7] 
Ground-level building frontage on Crescent Field shall be occupied by residential amenities, restaurants, cafes, or other types of assembly uses such as bookstores with outdoor seating.
(5) 
Corner building (CR). This is a variant of the commercial block designed to create signature buildings on corner lots at prominent intersections. This building type is allowed a greater height and a larger building footprint than the commercial block. It is typically a mixed-use building with retail uses at the street level and residential uses in the upper floors.
(a) 
Setback.
[1] 
The build-to-line distance shall be zero.
[2] 
Side yard setback distance shall be zero. A side yard setback of no more than 15 feet shall be permitted for access only.
[3] 
There shall be no minimum rear setback distance.
[4] 
The setback distance for surface parking shall be five feet.
(b) 
Building height.
[1] 
The minimum number of stories shall be two.
[2] 
The minimum building height shall be 35 feet.
[3] 
The minimum height of the ground floor shall be 12 feet.
[4] 
The maximum height of parking structures shall be equivalent to the maximum permitted building height.
[5] 
The maximum height of a corner architectural element shall be 20 feet.
(c) 
Building size.
[1] 
The minimum width of a building shall be 50 feet. The maximum width of a building shall be 100 feet.
[2] 
The minimum depth of a building shall be 40 feet. The maximum depth of a building shall be 100 feet.
[3] 
The building frontage at the build-to-line may equal 100% of the lot frontage.
(d) 
Permitted configuration of parking.
[1] 
Both structured and surface parking shall only be permitted in the rear of the building.
[2] 
Structured parking may be under habitable space.
[3] 
Shared parking lots with other buildings are permitted.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for a signature building entrance or theater marquee shall be five feet.
[2] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
[3] 
The maximum building encroachment for an awning shall be five feet.
(f) 
Additional regulations.
[1] 
The upper-story storage, internal circulation areas, and staircases shall not be visible from the public street.
[2] 
The height of this building type may be ten-percent greater than allowed in the Height Regulating Map.[17]
[17]
Editor's Note: District Regulating Map 3 – Building Heights is included at the end of this chapter.
[3] 
Continuous "glass walls" are not permitted.
[4] 
The maximum footprint area of corner architectural elements shall be 300 square feet.
[5] 
Mezzanine floors are permitted with a minimum ground floor height of 18 feet.
[6] 
Upper-story balconies are not permitted on facades visible from a public street.
[7] 
The height of a parking structure may not exceed the height of principal building.
(6) 
Civic building (CI). This is a building type designed to accommodate public and quasi-public uses. Civic buildings are intended to accommodate community service uses such as a place of worship, a library, a community hall, a historical (or other) society building, etc. These buildings are intended to become identifiable landmarks within the Town, and hence the quality and style of architecture shall be of great importance.
(a) 
Setback.
[1] 
The maximum build-to-line distance shall be 25 feet.
[2] 
Side yard setback distance shall be zero. A side yard setback of no more than 15 feet shall be permitted for access only.
[3] 
There shall be no minimum rear setback distance.
[4] 
The setback distance for surface parking shall be five feet.
(b) 
Building height.
[1] 
The maximum number of stories shall be three.
[2] 
The minimum building height shall be 18 feet. The maximum building height shall be 40 feet.
[3] 
The minimum height of the ground floor shall be 14 feet.
[4] 
The maximum height of parking structures shall be equivalent to the maximum permitted building height.
[5] 
The maximum height of a corner architectural element shall be 20 feet.
(c) 
Building size.
[1] 
The maximum width of a building shall be 100 feet.
[2] 
The maximum depth of a building shall be 100 feet.
[3] 
The building frontage at the build-to-line shall not exceed 80% of the lot frontage.
(d) 
Permitted configuration of parking.
[1] 
Both structured and surface parking shall only be permitted in the rear of the building.
[2] 
Structured parking may be under habitable space.
[3] 
Shared parking lots with other buildings are permitted.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
[2] 
The maximum building encroachment for an awning shall be five feet.
(f) 
Additional regulations.
[1] 
The scale of entrance shall mimic the proportions of some of the existing public building such as the Town Hall building.
[2] 
High-quality building materials shall be used, and the scale of architectural elements shall be proportioned to create an iconic building.
[3] 
The maximum footprint area of corner architectural elements shall be 300 square feet.
(7) 
Multifamily building (MF). This is a multifamily residential building type designed to provide housing opportunities within the Downtown and close to mass transit. The street frontages of these buildings shall be characterized by quality landscaping along the street edge and multiple street-level entries to create opportunities for social interaction.
(a) 
Setback.
[1] 
The build-to-line distance shall be a minimum of three feet and a maximum of 15 feet.
[2] 
Side yard setback distance shall be zero. A side yard setback of no more than 25 feet shall be permitted for access and landscaping only.
[3] 
There shall be no minimum side rear setback distance.
[4] 
The setback distance for surface parking shall be five feet.
(b) 
Building height.
[1] 
The minimum number of stories shall be three.
[2] 
The minimum building height shall be 40 feet.
[3] 
There shall be no minimum height of the ground floor.
[4] 
The maximum height of parking structures shall be equivalent to the maximum permitted building height.
[5] 
The maximum height of a corner architectural element shall be 20 feet.
(c) 
Building size.
[1] 
The maximum width of a building shall be 150 feet.
[2] 
The minimum depth of a building shall be 70 feet. The maximum depth of a building shall be 100 feet.
[3] 
The building frontage at the build-to-line shall not exceed 90% of the lot frontage.
(d) 
Permitted configuration of parking.
[1] 
Both structured and surface parking shall only be permitted in the rear of the building.
[2] 
Structured parking may be under habitable space or a green roof.
(e) 
Maximum building encroachment.
[1] 
The maximum building encroachment for a signature building entrance shall be five feet.
[2] 
The maximum building encroachment for an upper-story balcony shall be four feet.
[3] 
The maximum building encroachment for a cornice, signage or other architectural element shall be two feet.
(f) 
Additional regulations.
[1] 
Pitched roofs are not permitted for buildings taller than four stories.
[2] 
The maximum distance between street-level building entries shall be 35 feet.
[3] 
Continuous "glass walls" are not permitted.
[4] 
The build-to-line distance shall be extensively landscaped to create a usable semipublic space.
F. 
Frontage types.
(1) 
Allowable frontage types. Street-level building frontages are closely related to the building type, the building use at the street level, and the desired characteristics of a specific downtown district. Hence, the allowable frontage types are provided as a combination of these three parameters. The permitted frontage types are mutually exclusive: no two frontage types can be combined. Table 236-17.1-4 summarizes the allowable frontage types by downtown district, building type, and building use at the street level.
Key
Y
= frontage type permitted.
N
= frontage type not permitted.
Table 236-17.1-4
Allowable Frontage Types Summary Table
Downtown District
Building Type
Street-Level Building Use
Front-
age Types
D1 Sta-
tion Area Dis-
trict
D3 East Black-
well Busi-
ness Dis-
trict
D4 South Down-
town Dis-
trict
Com-
mer-
cial Block (CO)
Liner Build-
ing (LB)
Town-
house (TH)
Court-
yard Build-
ing (CY)
Cor-
ner Build-
ing (CR)
Civic Build-
ing (CI)
Multi-
family Build-
ing (MF)
Retail Sales and Ser-
vice/ Bank
Res-
tau-
rant
Of-
fice
Dwel-
ling Unit
Civ-
ic
Shop-
front and awn-
ing
Y
Y
Y
Y
Y
N
Y
Y
N
N
Y
Y
Y
N
N
Stoop
Y
N
Y
N
Y
Y
Y
N
N
Y
N
N
Y
Y
N
Ter-
race
Y
N
Y
N
Y
N
Y
N
Y
N
N
Y
Y
N
Y
Ar-
cade
Y
N
Y
Y
Y
N
Y
N
Y
N
Y
Y
Y
N
Y
Note: As an example of identifying permitted frontage types, civic uses at the street level are permitted in the D3 District, but the frontage may only be a terrace and not an arcade or a gallery. However, if the same civic building use is located within D1 or D4 Districts, terrace and arcade frontage types are permitted.
(2) 
Shopfront and awning.
(a) 
Description.
[1] 
A building frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade.
[2] 
It has a substantial glazing on the sidewalk level and may have an awning that may encroach onto the sidewalk.
(b) 
Height of finished first floor from sidewalk. The first floor shall be no more than two feet above the sidewalk.
(c) 
Clearance height of all projections from finished first floor (awnings, etc.). The clearance height of all projections from finished first floor (awnings, etc.) shall be a minimum of eight feet and a maximum of 12 feet.
(d) 
Depth of awning. Awnings shall have a minimum depth of three feet and a maximum depth of five feet.
(e) 
Width of frontage.
[1] 
The maximum width of an awning shall be 12 feet.
[2] 
The maximum width of display windows shall be 12 feet.
(f) 
Landscaping. Planters and street trees are permitted landscaping along shopfronts.
(g) 
Building interface.
[1] 
The maximum distance between doors shall be 35 feet.
[2] 
Window types shall be fixed or display type.
[3] 
The minimum glazing shall be 60%.
(3) 
Stoop.
(a) 
Description.
[1] 
A building frontage wherein the building entrance is set back from the edge of the sidewalk and the first story is sufficiently elevated from the sidewalk to secure privacy for the windows.
[2] 
The stairs of a stoop shall be perpendicular to the sidewalk.
[3] 
Stoops may be roofed or unroofed but may not be screened or otherwise enclosed.
(b) 
Height of finished first floor from sidewalk.
[1] 
The first floor shall be a minimum of two feet above the sidewalk.
[2] 
The first floor shall be no more than four feet above the sidewalk.
(c) 
Clearance height of all projections from finished first floor (awnings, etc.). There is no minimum or maximum clearance height of all projections from the finished first floor.
(d) 
Depth of frontage.
[1] 
The minimum depth of a stoop shall be four feet.
[2] 
The maximum depth of a stoop shall be to the build-to-line.
(e) 
Width of frontage.
[1] 
The maximum width of a stoop shall be eight feet.
[2] 
The minimum width of a stoop shall be four feet.
(f) 
Landscaping. Street trees and foundation plantings are permitted landscaping.
(g) 
Building interface.
[1] 
The maximum distance between doors shall be 35 feet.
[2] 
Window types shall be fixed residential type.
[3] 
The minimum glazing shall be 25%.
(4) 
Terrace.
(a) 
Description.
[1] 
A building frontage wherein the facade is set back from the frontage line by an elevated terrace. For street-level commercial uses such as restaurants, the terrace is suitable for conversion to outdoor cafes. In civic uses, a terrace can function as a strong base for the building and also as an outdoor waiting/entrance area.
[2] 
A terrace shall be paved, and only temporary outdoor furniture and landscaping may be provided on a terrace.
(b) 
Height of finished first floor and terrace from sidewalk.
[1] 
The first floor and terrace shall be a minimum of one foot above the sidewalk.
[2] 
The first floor and terrace shall be no more than four feet above the sidewalk.
(c) 
Clearance height of all projections from finished first floor (awnings, umbrellas, etc.).
[1] 
The minimum clearance height of all projections from the finished first floor shall be eight feet.
[2] 
The maximum clearance height of all projections from the finished first floor shall be 12 feet.
(d) 
Depth of frontage.
[1] 
The minimum depth of a terrace shall be six feet.
[2] 
The maximum depth of a terrace shall be to the build-to-line.
(e) 
Width of frontage.
[1] 
The minimum width of a terrace shall be 15 feet.
[2] 
The maximum width of a commercial window shall be 12 feet.
(f) 
Landscaping. Planters and street trees are permitted landscaping.
(g) 
Building interface.
[1] 
The maximum distance between doors shall be 35 feet.
[2] 
Window types for commercial uses shall be fixed/vertical shutter.
[3] 
The minimum glazing for commercial uses shall be 60%.
(5) 
Arcade.
(a) 
Description.
[1] 
A building frontage wherein the first floor (or the first two floors) facade is set back from the frontage line, and a permanent roof supported by a series of arches on columns or piers (or a colonnade) extends up to the frontage line. The upper floors of the building are built up to the frontage line.
[2] 
A double story (first and second floors) arcade is permitted.
(b) 
Height of finished first floor and terrace from sidewalk. The first floor shall be no more than two feet above the sidewalk.
(c) 
Clearance height of arcade from finished first floor.
[1] 
The minimum clearance height of arcade from the finished first floor shall be equal to the height of the first floor.
[2] 
The maximum clearance height of arcade from the finished first floor shall be equal to the height of the first two floors.
(d) 
Depth of frontage.
[1] 
The minimum depth of arcade shall be 10 feet.
[2] 
The maximum depth of arcade shall be 15 feet.
(e) 
Width of frontage. The maximum distance between columns shall be 35 feet.
(f) 
Landscaping. Planters and street trees are permitted landscaping.
(g) 
Building interface.
[1] 
The maximum distance between doors shall be 35 feet.
[2] 
Window types for commercial uses shall be fixed/vertical shutter.
[3] 
The minimum glazing for commercial uses shall be 60%.
G. 
Street type specifications. This section of the code for downtown districts provides design specifications for public streets. Streets in the Downtown are classified as Blackwell Street, Avenue "A" and Avenue "B" (Street Types Classification Map).[18] In addition to these three street types, nonvehicular ways are provided for midblock connections and other nonvehicular pathways. The design standards ensure that the streetscape improvements on these streets are coordinated, and a uniform character of the downtown districts is maintained.
(1) 
Blackwell Street.
(a) 
Blackwell Street represents the Town's downtown commercial area and contains an assortment of unique shopping venues. It has a mixed-use environment that can be enhanced by pedestrian and streetscape improvements.
(b) 
The width of the right-of-way throughout this stretch of Blackwell Street is 75 feet. The street profile for Blackwell Street shall generally consist of sidewalks on both sides of the street, two eight-foot-wide parallel parking aisles, and two travel lanes. Bulb-outs shall be provided at intersections that are pedestrian intensive.
Table 236-17.1-5
Blackwell Street Specifications
Right-of-way width
75 feet
Pavement width
45 feet
Vehicular movement
Two-way
Number of traffic lanes
2
Number of parallel parking lanes
2 parallel parking lanes, 8 feet wide (one on each side)
Curb radius
10 feet
Pedestrian provision type
Sidewalk, 13 feet wide minimum (including curb)
Bicycle provision type
Within shared vehicle right-of-way
Median
None
Landscape type
Street trees at 30 feet to 50 feet on center
Lighting
Streetlights at 30 feet to 50 feet on center
Intersection improvements
Curb ramps; brick pavement and crosswalks at all intersections with Avenue A
Figure 236-17.1-E
(2) 
Avenue "A."
(a) 
The Avenue "A" classification includes sixty-foot- to sixty-six-foot-wide streets that are perpendicular to and north of Blackwell Street. These streets intersect Blackwell Street to the north and traverse over the Rockaway River and the Dover and Rockaway Railroad, while extending north toward Route 46.
(b) 
The right-of-way width of the streets ranges between 60 feet and 66 feet. The street profile for these streets shall generally consist of sidewalks on both sides of the street, two eight-foot-wide parallel parking aisles, and two travel lanes. Bulb-outs shall be provided at intersections that are pedestrian intensive.
Table 236-17.1-6
Avenue "A" Specifications
Right-of-way width
60 feet to 66 feet
Pavement width
38 feet
Vehicular movement
Two-way, except for N. Morris Street, which is one-way
Number of traffic lanes
2
Number of parallel parking lanes
2 parallel parking lanes, 8 feet wide (one each side)
Curb radius
10 feet
Pedestrian provision type
Sidewalk, 9 feet wide minimum (including curb)
Bicycle provision type
Within shared vehicle right-of-way
Landscape type
Street trees at 30 feet to 50 feet on center
Lighting
Street lights at 30 feet to 50 feet on center
Intersection improvements
Curb ramps; brick-paved crosswalks
Avenue "A" Street Cross Section
Figure 236-17.1-F
(3) 
Avenue "B."
(a) 
The Avenue "B" classification includes W. Dickerson Street, S. Morris Street, Prospect Street, Thompson Street, and Legion Place. In addition, any newly constructed streets south of the Norfolk Southern Morris & Essex Railroad shall fall into this street classification.
(b) 
The right-of-way width of these streets ranges between 40 feet and 50 feet. The street profile for these streets shall generally consist of sidewalks on both sides of the street, parallel parking aisles, and two travel lanes. Landscaping along the railroad right-of-way on Dickerson Street shall be coordinated with the New Jersey Transit. Bulb-outs shall be provided at intersections that are pedestrian intensive.
Table 236-17.1-7
Avenue "B" Specifications
Right-of-way width
40 feet to 50 feet for existing streets; 50 feet minimum for all new streets
Pavement width
30 feet to 38 feet
Vehicular movement
Two-way
Number of traffic lanes
2
Number of parallel parking lanes
At least 1 side, 8 feet wide
Curb radius
10 feet
Pedestrian provision type
Sidewalk, five feet wide minimum (including curb)
Bicycle provision type
Within shared vehicle right-of-way
Landscape type
Street trees at 30 feet to 50 feet on center
Lighting
Street lights at 30 feet to 50 feet on center
Intersection improvements
Curb ramps; brick-paved crosswalks
Avenue "B" Street Cross Section
Figure 236-17.1-G
(4) 
Nonvehicular ways.
(a) 
The nonvehicular ways classification is provided as a template for all nonvehicular pathways and midblock connections.
(b) 
The right-of-way width of these nonvehicular pathways shall be no less than 14 feet. The street profile for nonvehicular ways shall generally consist of a two-foot buffer for optional landscaping buffer and street furniture on both sides, and pavement for shared pedestrian and bike travel.
Table 236-17.1-8
Nonvehicular Ways Specifications
Right-of-way width
14 feet
Pavement width
10 feet
Vehicular movement
2 bike/pedestrian lanes
Number of lanes
2; 5 feet wide
Number of parallel parking lanes
n/a
Curb radius
10 feet
Pedestrian provision type
Shared pedestrian and bike travel
Bicycle provision type
Shared pedestrian and bike travel
Landscape type
2-foot landscaping strip with street trees and low shrubs
Lighting
Pedestrian scaled lighting at 30 feet to 50 feet on center
Intersection improvements
Curb ramps; brick-paved crosswalks
Nonvehicular Way Street Cross Section
Figure 236-17.1H
[18]
Editor's Note: District Regulating Map 4 – Street Types is included at the end of this chapter.
H. 
General regulations for downtown districts. The following regulations represent a general set of standards that apply to all of the downtown districts:
(1) 
Building frontage.
(a) 
For properties fronting on key open space assets (i.e., the Rockaway River and Crescent Field), the required building frontage percentage may be reduced up to 35%, provided that the reduced frontage allows open views and/or capitalizes on access to these assets.
(b) 
For buildings facing key view sheds (i.e., the Rockaway River and Crescent Field), it is encouraged that restaurants and cafes be provided at the ground level, to enhance the visual appeal and activity.
(2) 
Public parking.
(a) 
Parking garages. Designated locations for parking garages that serve the commuter and public parking needs within the downtown are indicated on the District Regulating Map 2.[19] Liner buildings, articulated facades, art walls or advertising windows shall be provided to integrate the parking garages into the built environment.
[19]
Editor's Note: Said map is included at the end of this chapter.
(b) 
Downtown and commuter parking. Any redevelopment of existing public surface parking lots within the downtown area must accommodate commuter and downtown parking needs in addition to the parking needs of such redevelopment. Table 236-17.1-9 shows the number of parking spaces, and the figure below indicates the location of the parking lots, as of the date of adoption of this code. The determination of the actual number of spaces to be accommodated shall be made by the applicant based on a study of the availability and need of commuter and downtown parking at the time of redevelopment. Such determination shall be subject to review and approval by the Planning Board. Town Lot "A" is purposely not shown since it is reserved exclusively for public parking.
Table 236-17.1-9
Parking Lot
Existing Number of Spaces
Lot "B" – Crescent Field
350
Lot "C" – Orchard Street and Legion Place
58
Lot "D" – Prospect Street
181
Lot "E" – Sussex Street/Dickerson Street, east side
40
Lot "G" – Sussex Street/Dickerson Street, west side
45
Lot "H" – Dickerson Street, west of Warren Street
18
Town of Dover: Existing Commuter and Downtown Parking
(Lot "A" not shown.)
Figure 239-17.1-I
(3) 
Parking requirements.
(a) 
Off-street parking provisions. The downtown districts are planned as "park-once" districts, wherein people are expected to park in one place and then make stops on foot rather than driving from one destination to another, with preference given to pedestrian movement within the districts. For this reason, substantial reductions are allowed in the off-street parking requirements.
[1] 
All existing buildings shall be regulated as follows:
[a] 
All residential uses shall be required to provide off-street parking in accordance with the parking ratios for new construction (see below).
[b] 
For redevelopment of a lot, for which the cost of redevelopment exceeds 50% of the value of existing improvements, as determined by the Tax Assessor, and for which site plan review is required, off-street parking shall be in accordance with the parking ratios for new construction (see below).
[c] 
For all other permitted nonresidential uses, there shall be no off-street parking requirements.
[2] 
The following ratios shall apply to determine the off-street parking space requirements for all new construction:
[a] 
Residential:
[i] 
Average of 1.3 spaces per unit. Further broken down by unit type:
[A] 
1.0/unit: one bedroom.
[B] 
1.5/unit: two bedrooms.
[C] 
1.75/unit: three bedrooms.
[ii] 
When an applicant does not specify the number of bedrooms per unit, the average of 1.3 spaces per unit shall apply.
[b] 
Office:
[i] 
1 space/1,000 square feet.
[ii] 
1.5 spaces/1,000 square feet for buildings over 50,000 square feet.
[c] 
Retail:
[i] 
All retail, including restaurants, shall be exempt from the parking standard.
[ii] 
Retail is meant to utilize on-street parking as well as spaces unoccupied within the commuter or public parking lots.
[3] 
Any deviation from the off-street parking requirements stated above will require a "c" variance.[20]
[20]
Editor's Note: See N.J.S.A. 40:55D-70c.
(b) 
Shared use of off-street parking areas.
[1] 
Parking areas of new developments shall be interconnected across lot lines to facilitate shared use of parking and eliminate or minimize driveway cuts. To ensure the effective use of these connections, the first property to develop shall be required to make an irrevocable offer of cross-access to the adjacent parcel (prior to issuance of approval by any land development board) and must design and build the parking lot to accommodate cross-access.
[2] 
Individual property owners shall control all rights to the use of their own parking spaces but may choose to allow wider use of these spaces through reciprocal arrangements with the Town of Dover Parking Utility.
[3] 
All new development that relies on shared parking must demonstrate the adequacy of parking based on established standards/methodology such as those prescribed in "Shared Parking," authored by Mary S. Smith et al. and published by the Urban Land Institute (ULI). This book contains the information needed to accurately estimate parking requirements for a mixed-use setting where parking is shared among the uses.
[4] 
Any deviation from these requirements shall require a waiver.
(c) 
Driveway connections.
[1] 
For existing buildings within D2 and D3 Districts, relocation of all existing access driveways to parking and loading areas from Blackwell Street is encouraged. New driveways shall connect only to Avenue "A" street type, except where this would prohibit all reasonable access to a property.
[2] 
The following shall apply to all new development:
[a] 
To the extent possible, driveways shall be shared between adjoining developments.
[b] 
Where feasible, driveways shall front on streets that are less pedestrian intensive, on existing easements, or on alleys.
[c] 
Driveways and other vehicular access shall not be provided from or adjacent to public plazas.
[d] 
Any deviation from these requirements shall require a waiver.
(d) 
Parking design. Off-street parking is encouraged to be as inconspicuous as possible and to incorporate landscaping and screening to the greatest extent possible to minimize its physical and visual impact. Off-street parking and loading areas shall be coordinated with the public street system serving the area in order to avoid conflicts with through traffic, obstruction to pedestrian walks and vehicular thoroughfares. Shared parking among mixed uses is encouraged.
[1] 
All parking and loading areas shall be screened from view with walls, shrubs, and/or trees.
[2] 
All ninety-degree parking spaces that are long term in usage shall be a minimum of 8.5 feet in width and 18 feet in depth. Aisles shall be a minimum of 22 feet in width. Ten percent of required parking spaces may be provided as compact spaces measuring eight feet in width and 15 feet in depth.
[3] 
All parking structures shall be designed using compatible or complementary materials to the principal buildings so that they blend in architecturally. All voids in the structures shall be architecturally screened, so that lights and vehicles are not individually visible.
[4] 
No blank walls of parking structures shall front the streetscape. All facades shall provide pedestrian interest at the street level either through retail uses and/or architectural details.
[5] 
All permanent parking spaces shall be in structures or screened from street view.
[6] 
Surface parking shall include decorative street lighting to be compatible with public lighting.
[7] 
All pedestrian pathways across and along parking areas shall be well lit with pedestrian-scaled lighting fixtures.
[8] 
Vehicular access to internal parking structures shall be designed so as not to negatively impact upon major pedestrian routes. If necessary, provide "fish eye" mirrors or alarms to manage the interaction between pedestrians and vehicles.
[9] 
Parking signage shall be consistent with signage standards of this code.
[10] 
Residential garages facing the public right-of-way and parking within front yard setbacks are prohibited.
[11] 
The potential conflicts between truck delivery, vehicular traffic, and pedestrian circulation shall be considered when designing service entries, roadways, walkways, and pedestrian entrances.
[12] 
To the extent possible, service entrances and loading areas between adjacent buildings shall be consolidated. Such service entrances shall be separated from walkways and pedestrian entrances.
[13] 
Landscaping, fencing and/or low walls shall be provided to screen trash receptacles and dumpsters in loading areas.
[14] 
Any deviation from these requirements shall require a waiver.
(4) 
Open space and buffers.
(a) 
Portions of properties adjacent to Crescent Field. The courtyard buildings shall have their private open space oriented towards Crescent Field to maximize the perception of open space and minimize the building mass in proximity to Crescent Field. Such private open space should be fully integrated into the design of new development while enhancing surrounding areas.
(b) 
Properties adjacent to the Rockaway River and the adjoining Dover Rail right-of-way shall provide a landscaped buffer consisting of shrubs and/or trees along this edge.
(c) 
Any deviation from these requirements shall require a variance.
(5) 
Outdoor uses.
(a) 
Outdoor service and sale of food is permitted as follows:
[1] 
Tables, umbrellas, and chairs may be placed by restaurants for the use of their customers; no signage is permitted except lettering on umbrellas up to eight inches in height.
[2] 
Tables and carts shall be placed so that they do not block pedestrian movement along the sidewalk.
[3] 
Tables and chairs shall be moved indoors during nonbusiness hours.
[4] 
A minimum depth of six feet of unobstructed sidewalk must remain.
(b) 
Sale of merchandise is not permitted other than restaurants.
I. 
Architectural standards.
(1) 
Exterior walls. All exterior walls shall be clad with building materials that are durable and appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation from a wide variety of architectural styles but should be complementary to the historic buildings within the Downtown.
(a) 
The following materials are encouraged for exterior walls, columns, arches, and piers:
[1] 
Natural stone or brick.
[2] 
Wood, pressure-treated or naturally decay-resistant species.
(b) 
Fastenings that are required to dry floodproof the first story of commercial buildings shall be integrated into the design of principal facades or be visually unobtrusive.
(c) 
Building walls shall be consistent in detail and quality on all elevations visible from public streets.
(d) 
Trim elements and visible window framing shall be painted or sealed.
(2) 
Principal facade walls.
(a) 
Facade elements. Principal facades are the facades facing a primary street, plaza, or public park. Being in full public view, they shall be given special architectural treatment.
[1] 
All principal facades shall have a prominent cornice and expression line, a working entrance, and windows (except for sidewall facades where entrances are not required).
[2] 
Principal facades may not have blank walls (without doors or windows) for more than 15 feet of facade length.
[3] 
Expression lines or decorative molding shall be provided for horizontal definition and shall project at least three inches to six inches out from the principal facade.
[4] 
Provision of antennas, air-conditioning units or other similar equipment on the principal facade walls is prohibited.
[5] 
Awnings may not hide or substitute for required features such as expression lines and cornices.
[6] 
The foundation walls of stoops must be consistent with the foundation treatment of the building.
(b) 
Entrances. A primary entrance and views into the first floor of commercial buildings are fundamental to creating an interesting and safe pedestrian environment.
[1] 
The primary entrance to all buildings shall front on a public street.
[2] 
Corner buildings shall have their primary entrance face on either the intersection or the street of greater importance.
(c) 
Windows. Every principal facade must contain transparent windows on each story.
[1] 
Residential windows and doors.
[a] 
Openings for windows and windowpanes must have a vertical dimension greater than or equal to the horizontal dimension.
[b] 
Window openings shall cover at least 30% of the wall area below the expression line.
[c] 
Triangular, circular or other unusually shaped windows are not permitted.
[d] 
All lintels must extend a minimum of four inches beyond the edge of the opening.
[e] 
Windowsills shall project a minimum of two inches from the building face.
[f] 
Glazing shall be set back at least three inches from the surface plane of the wall or set back at least two inches when wood frame construction is used.
[g] 
If exterior shutters are used, they shall be sized and mounted appropriately to fit their window (with appropriate hardware even if actually nonoperable).
[h] 
Glass in windows and doors, whether integrally tinted or with applied film, must transmit at least 50% of visible daylight.
[i] 
Glass blocks are not permitted.
[j] 
Doors, except garage doors, shall be or appear to be constructed of planks or raised panels (not flush with applied trim.)
[2] 
Street-level retail fenestration. In order to provide clear views inward and to provide natural surveillance of exterior spaces, the first story of every commercial building's principal facade shall have transparent windows meeting the following requirements:
[a] 
Window openings shall cover at least 60% of the wall area below the expression line.
[b] 
Glazing must be at least seventy-percent transparent.
[c] 
The maximum percentage of glass that may be blocked with interior fixtures or paper signs shall be 25%.
[d] 
The height of the windowsill above the sidewalk shall not be more than three feet.
[e] 
These windows shall be maintained so that they provide continuous view of interior spaces lit from within. Private interior spaces such as offices may use operable interior blinds for privacy.
[f] 
Exterior security grates are prohibited. Interior security grates must be as inconspicuous as possible and of open mesh to allow interior visibility from the street.
[g] 
Glass blocks are not permitted.
[3] 
Facade projections. Facade projections add visual interest to buildings. Some projections also provide protection from the sun and rain for those passing by; others provide additional floor space for the building.
[a] 
Awnings and canopies. Awnings and canopies shall be provided in accordance with § 236-38.1, Signage, awnings and canopies in C-1 and C-3 Districts.
[b] 
Balconies (where permitted).
[i] 
Balconies are not permitted in the D2 and D3 Districts.
[ii] 
No balconies may be located within 10 feet of a shared lot line. Glass parapets or railings are prohibited.
[iii] 
Balconies cannot exceed the following dimensions:
[A] 
Height: minimum clear height of 10 feet from the sidewalk.
[B] 
Length: a maximum of 60% of the upper-story building frontage.
[C] 
Depth: a minimum of three feet.
[iv] 
Balconies may have roofs but are required to be open and may not be screened or otherwise enclosed.
[c] 
Bay windows.
[i] 
Bay windows are only permitted in the townhouse building type.
[ii] 
Bay windows may not encroach on the public right-of-way.
[iii] 
Windows extending from the first story cannot exceed the following dimensions:
[A] 
Depth: three feet maximum.
[B] 
Height: 10 feet maximum.
[C] 
Length: six feet maximum.
[iv] 
Bay windows shall have the same details required for principal facades: sills, lintels, cornices, and expression lines.
(3) 
Roofs.
(a) 
All flat roofs must have their edges along all streets concealed with parapets and trimmed with decorative cornice.
(b) 
All hip roofs and gable roofs, and any shed roof with a slope of more than two inches vertical rise per 12 inches horizontal run, must have a minimum roof overhang of 18 inches.
[1] 
Exposed rafter ends (or tabs) are encouraged.
[2] 
Wide overhangs are encouraged and can be supported with decorative brackets.
(c) 
Small towers, cupolas, and similar architectural elements are encouraged.
(d) 
Roof penetrations, except stucco or brick chimneys, shall be placed so as not to be easily visible from streets and painted to match the color of the roof.
(e) 
Dormers are permitted and encouraged on sloped roofs.
(f) 
Visibility of skylights must be minimal. Skylight glazing must be flat to the pitch of the roof if the skylight is visible from a primary street, plaza, or public park.
(g) 
Roofs shall be constructed of building materials that are durable and appropriate to the local climate and visual environment.
(4) 
Plazas and courtyards. New commercial buildings are generally oriented to public sidewalks. This subsection addresses other public open spaces that also can affect the orientation of commercial buildings.
(a) 
Plazas.
[1] 
The width of the plaza cannot exceed 25% of a building's frontage.
[2] 
The plaza shall be strictly for pedestrian usage and cannot be used to park vehicles.
[3] 
All building walls that surround the plaza must meet the design criteria for principal facades.
[4] 
The plaza shall be appropriately landscaped.
(b) 
Courtyards. The following standards shall apply for interior courtyards designed for public or private usage:
[1] 
Courtyards are encouraged to have clear visual linkages between the courtyard and public sidewalks.
[2] 
Courtyards are encouraged to provide passive and active recreational amenities for their residents, such as play areas and lawn areas.
(c) 
Pedestrian passages. Pedestrian pathways may be provided on private property as midblock connections; to connect a courtyard to the sidewalk system; to provide walkways to parking lots behind buildings; or to provide additional retail frontage. Such pedestrian pathways shall utilize the specifications for nonvehicular ways, detailed in the street type specifications subsection of this code.[21]
[21]
Editor's Note: See Subsection G.
(5) 
Signage. Signage shall be provided in accordance with § 236-38.1, Signage, Awnings and Canopies in C-1 and C-3 Districts.
J. 
Sustainability; "green design." The following regulations apply to all new construction and concentrate on necessary steps in creating a sustainable, mixed-use, pedestrian-friendly environment that protects and enhances natural resources while providing individuals and families with safe, healthy and comfortable places to live, work, and recreate.
(1) 
Energy efficient building design (where applicable).
(a) 
Appliances and fixtures must meet U.S. EPA's Energy Star® standards. Projects must include Energy Star compliant clothes washers, dishwashers, refrigerators, ceiling fans, ventilation fans (including kitchen and bathroom fans), light fixtures (halls and common areas), and exit signs.
(b) 
Project must install at least two of the following Energy Star components: programmable thermostats; fluorescent or light-emitting diode (LED) light fixtures; high-performance windows and doors; and efficient HVAC systems.
(2) 
Transportation emissions. Transportation generates approximately 31% of total carbon emissions. Facilities are encouraged to increase use of alternative modes such as walking, biking, transit, and carpooling and thereby reduce vehicle use and carbon emissions. Where feasible:
(a) 
For buildings with institutional, commercial and office uses, provide the following:
[1] 
Secure bike racks and/or storage for at least 5% of building users, located no more than 200 yards from the building entrance.
[2] 
Shower and changing facilities in the building, or within 200 yards of a building entrance, for at least 0.5% of building users.
[3] 
For multifamily residential buildings, provide secure bike racks and/or storage for at least 15% of building occupants.
(b) 
Provide designated preferred parking spaces to carpool users to encourage shared vehicle use and reduce trip generation.
(c) 
Provide designated preferred parking spaces to low-emission and fuel-efficient vehicles.
(3) 
Renewable energy. Where feasible, solar panels shall be provided on rooftops to capture renewable energy. Such rooftop installations shall be screened from view.
(4) 
Energy efficient infrastructure. To the extent feasible:
(a) 
Any outdoor lighting fixtures shall use light-emitting diode (LED) technology.
(b) 
Design or purchase water and wastewater pumps and treatment systems to achieve a fifteen-percent annual energy reduction beyond baseline energy use for similar infrastructure.
(c) 
Design and implement a district heating and/or cooling system for multiple buildings within a development.
(5) 
Reflectivity and heat island effects. To the extent feasible:
(a) 
Use roofing materials having a solar reflectance index (SRI) of 78 for low-sloped roofs (less than 2:12) or 29 for steep-sloped roofs (greater than or equal to 2:12) for a minimum of 75% of the roof surface. The cooler roof (roofing material with a high solar reflective index) reduces the heat transferred into the building, thereby reducing the amount of air conditioning needed. The Energy Star® program features product specifications for "cool roofs."
(b) 
Provide a combination of any of the following strategies for 50% of the site's hardscape:
[1] 
Shade: trees or man-made structures.
[2] 
Paving materials with an SRI of 29 or greater.
[3] 
Open grid pavement.
(6) 
Landscaping.
(a) 
Where feasible, use captured rainwater or other recycled and properly treated nonpotable water for landscape irrigation.
(b) 
Landscaping materials must include only:
[1] 
Noninvasive species.
[2] 
Drought-tolerant species.
[3] 
Native or adapted species.
(c) 
Landscaped areas shall be mulched to conserve moisture and prevent water loss from evaporation.
K. 
Streetscape standards. The following streetscape standards are meant to guide public investment in streetscape improvements and to assist property owners and developers in designing their own building's relation to the public realm. These standards specify the allowable planters, trash cans, bike racks, bus stops, lighting, and paving materials.
(1) 
Street trees.
(a) 
Street tree layout will be based upon final engineered streetscape layout.
(b) 
Street trees shall be placed on property lines (between properties) so as not to block storefronts.
(c) 
Street trees shall be at least 1 3/4 inches to two inches in trunk caliper measured six inches above the ground and meet specifications set forth in American Standard for Nursery Stock (ANSI Z60.1-2004).
(d) 
No more than 10% of all trees in the entire downtown area or 50% of all trees on a single block may be of the same species.
(e) 
Plant materials and irrigation techniques that require less water should be considered.
(f) 
Columnar shaped trees are perhaps the best at fitting into the urban environment where narrow sidewalks and awnings restrict the growth of a larger canopy.
(g) 
Smaller-leafed, spreading forms allow better visibility to building facades and signage. Smaller leaves generally are dispersed by the wind, require less fall cleanup and are less apt to clog storm sewers.
(2) 
Shade trees. The shade trees listed in § 236-96, Schedule A: Preferred Tree List, prepared by the Dover Shade Tree Commission are permitted by right. Other trees may be submitted as an alternative if the alternative accomplishes the stated purpose.
(3) 
Tree grates.
(a) 
Tree grates and coordinated tree guards are required for all street trees.
(b) 
Tree grates shall be set parallel and flush with the curbline.
(c) 
Tree grates shall be made of heavy-grade cast iron or cast aluminum of black finish. Cast-iron Model R-8757, four inches by four inches square, as produced by Neenah Foundry Company, or equivalent shall be used.
(d) 
The center hole of the tree grate shall be expandable to accommodate tree growth. The initial center hole shall be a minimum of 12 inches in diameter.
(e) 
Electrical outlets should be provided in the tree grate area.
(4) 
Planters.
(a) 
Flowering plants and decorative shrubs should be planted in raised freestanding planters (not in ground at grade level). Seasonal plantings may be used from November 1 to January 10. Annual flowers or ground covers may also be planted in planters.
(b) 
Planters shall be "Rosa Planter," 30 inches by 18 inches or 36 inches by 23 inches, granite finish, as manufactured by Landscape Forms, or equivalent.
(c) 
Provisions must be made for ensuring adequate watering and drainage.
(d) 
Planters should not block other elements such as streets, signs, meters, or streetlights.
(e) 
Planters should be located at corners of intersections, focal points, and other locations where space permits and shall be generally placed at the end of a parking space.
(5) 
Benches.
(a) 
Benches shall be "Plainwell Bench," seventy-two-inch-length wooden seat, black color, as manufactured by Landscape Forms, or equivalent.
(b) 
Benches located along the curb shall face the sidewalk and be set back from areas of on-street parking to accommodate auto door swing and shall generally be placed at the end of a parking space. Seating should not interfere with plant materials or pedestrian circulation.
(c) 
Benches may also be placed adjacent to building walls subject to approval by the owner.
(d) 
Seating should be secured permanently to paved surfaces for safety and to avoid vandalism.
(e) 
Comfortable seating should provide a sense of having protection from behind and something interesting to look at such as shop fronts or other pedestrians.
(6) 
Bicycle racks.
(a) 
Bicycle racks shall be "Hoop Rack Heavy Duty," as manufactured by Dero Bike Racks, or equivalent.
(b) 
Bicycle racks shall be black in color and galvanized (electro polished to reduce maintenance).
(c) 
Bicycle racks shall be placed near entrances or gathering places. Placement shall be avoided that creates a tripping hazard. If possible, place the racks where the parked bicycles will be visible from inside the adjacent building, Ideally, bicycle parking should be more convenient than automobile parking.
(d) 
Bicycle racks shall be securely fastened to the sidewalk.
(e) 
Bicycle rack locations shall not interfere with pedestrian circulation or endanger the safety of pedestrians or cyclists; they shall be sensitive to accessible requirements.
(7) 
Trash cans.
(a) 
Trash and recycling receptacles, at a minimum, are required at each corner of all intersections. They should be conveniently placed near benches, bus stops and other activity nodes, arranged with other streetscape elements into functional compositions and, where feasible, placed at the end of parking spaces. Trashcans may be left freestanding or surface mounted on site.
(b) 
The trash receptacles shall be Steelsites Series Model RB-36 with forty-five-gallon total capacity as manufactured by Victor Stanley, or equivalent.
(c) 
Trash and recycling receptacles should be designed in two pieces. The inner container should ensure easy trash pickup and removal, and an outer shell should blend aesthetically with the other streetscape elements.
(8) 
Bus shelters.
(a) 
The location of bus stops would be as prescribed by New Jersey Transit, in coordination with the Town of Dover.
(b) 
The bus shelters shall be "Kaleidoscope," black color, as manufactured by Landscape Forms, or equivalent.
L. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCADE
A building frontage wherein the first-floor (or the first two floors) facade is set back from the frontage line, and a permanent roof supported by a series of arches on columns or piers (or a colonnade) extends up to the frontage line. The upper floors of the building are built up to the frontage line. A double story (first and second floors) arcade is permitted.
AWNING
A flexible rooflike cover that extends out from an exterior wall and shields a window, doorway, sidewalk, or other space below from the elements.
BALCONY
An elevated plat form that forms the outdoor area of a habitable space within the building. A balcony may extend beyond the property line.
BAY WINDOW
A window which projects beyond the wall of a building to form an alcove within.
BUILDING ENCROACHMENT
An entry feature, balcony, architectural element, or awning that extends outward from a building.
BUILDING FRONTAGE
The length of a building's primary facade that faces a street or a public plaza.
BUILDING TYPE
The principal structure.
BUILD-TO-LINE
Identifies the distance from the street line that the front of all primary structures must be built to in order to create a fairly uniform line of buildings along streets. Where a build-to line is specified as a range (the minimum and maximum distance from the street line), this means that building fronts may fall within that range of distances from the street line. Where there is a range, the front facade does not have to be in a single plane, as long as the front facade remains within the range.
Figure 236-17.1-J
CIVIC BUILDING
A building type in the downtown districts that is designed to accommodate public and quasi-public uses. Civic buildings are intended to accommodate community service uses such as a place of worship, a library, a community hall, an historical (or other) society building, etc. These buildings are not operated primarily for profit or monetary gain.
CIVIC USE
A public or quasi-public use, including but not limited to a house of worship, library, school, municipal use, or public open space.
CLUB OR FRATERNAL ORGANIZATION
A community organization that is not operated primarily for financial gain and consists of a group of people formally organized for a common interest, usually service, cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.
COLONADE
Similar to an arcade, except that it is supported by vertical columns without arches.
COMMERCIAL BLOCK
A multistory building in the downtown districts, with multiple dwelling units or offices in the upper stories and retail uses on the ground floor. Typically, these buildings are separated by common walls on the side lot lines.
CORNER ARCHITECTURAL ELEMENT
A cupola or a similar structure provided on top of a building or ventilation for aesthetic purposes. Such structures shall not contain habitable spaces.
CORNER BUILDING
A building type in the downtown districts. It is a variant of the commercial block designed to create signature buildings on corner lots at prominent intersections. This building type is allowed a greater height and a larger building footprint than the commercial block.
CORNICE
A decorative horizontal feature that projects outward near the top of an exterior wall.
COURTYARD
An unroofed area surrounded by buildings.
COURTYARD BUILDING
A building type in the downtown districts, in which a mixed-use residential building with dwelling units is arranged around an internal courtyard. The internal courtyard is a residential park area/green roof built on top of an embedded underground parking deck.
DORMER
A projection from a sloping roof that contains a window and its own roof.
EXPRESSION LINE
A decorative horizontal architectural detail that projects outward from an exterior wall to delineate the top of the story of a building.
FACADE
The exterior face of a building, including but not limited to walls, windowsills, doorways, and such traditional design elements as horizontal lines, cornice, and parapet.
FRONTAGE LINE
The property line along a public street.
GABLE ROOF
A ridged roof forming a gable at both ends.
GROUND FLOOR
The floor of a building at or nearest to ground level.
HIP ROOF
A roof with pitched ends and sides.
LINER BUILDING
A mixed-use structure which is generally parallel to the street and constructed in front of and designed to enclosed a functional core (e.g., a parking garage) and shield its visibility of such structure from a public street, plaza or park.
LINTEL
A structural or merely decorative horizontal member spanning a window opening.
LOT FRONTAGE
The length of a property that is adjacent to any street, excluding alleys.
MANSARD ROOF
A roof having two slopes, with the lower slopes steeper than the upper, or a single steep slope topped with a flat roof, enclosing the building's top floor. A modern variant is a partial sloped roof that is attached near the top of an exterior wall in place of a traditional cornice or parapet, creating the visual effect of a sloped roof on a flat-roofed building but without enclosing any floor space.
MULTIFAMILY BUILDING
A residential building type in the downtown districts that is designed to provide housing opportunities within the Downtown and close to mass transit.
PARAPET
A short vertical extension of a wall that rises above roof level, hiding the roof's edge and any roof-mounted mechanical equipment.
PLAZA
An unroofed public open space designed for pedestrians that is open to public sidewalks on at least one side.
PRINCIPAL FACADE
A facade facing a primary street, plaza, or public park and containing the main building entrance.
PUBLIC REALM
The space between buildings, including publicly owned streets, sidewalks, rights-of-ways, parks and other publicly accessible open spaces, and public and civic buildings and facilities.
RETAIL SALES AND SERVICE
A use category that includes retail sales and service establishments, excluding drive-through facilities such as clothing and apparel stores, bookstores, sporting goods stores, drugstores, barbershops, beauty salons, cleaners who do not perform cleaning on the premises, stationers stores, jewelry stores, and office supply stores.
SHOPFRONT AND AWNING
A building frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. It has a substantial glazing on the sidewalk level and may have an awning that may encroach on to the sidewalk.
SIGNATURE BUILDING ENTRANCE
A theater marquee or a similar cantilevered projection provided at the street level to mark a residential or hotel entrance. Such projection shall have a clear height of at least 10 feet from the sidewalk level.
SILL
A horizontal member beneath a window opening, constructed of wood, stone, concrete, or similar material.
STOOP
A building frontage wherein the building entrance is set back from the edge of the sidewalk and the first story is sufficiently elevated from the sidewalk to secure privacy for the windows. The stairs of a stoop shall be perpendicular to the sidewalk.
STREETSCAPE
A representation of a street and its surrounding environment.
TERRACE
A building frontage wherein the facade is set back from the frontage line by an elevated terrace. For street-level commercial uses such as restaurants, the terrace is suitable for conversion to outdoor cafes. In civic uses, a terrace can function as a strong base for the building and also as an outdoor waiting/entrance area.
TOWNHOUSE BUILDING
One in a series of one-family dwelling units that are attached together by common fire- and sound-resistant walls. Parking for a townhouse may be provided within the unit and accessed from a rear alley or as a common surface lot or parking structure within the townhouse development.
VERTICAL SETBACK
A building height setback along its frontage on a public street. Vertical setbacks are used to reduce the appearance of building mass on a public street and thereby reduce the visual impact of taller buildings.
VERTICAL RHYTHM or FACADE WIDTH
The perceived width of a building facade measured along a public street. Longer buildings may be designed to read as multiple buildings by the change of material, color, or other architectural elements.
[1]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Motor vehicle repair garages.
(2) 
Tire sales, the indoor sales of motor vehicles and motor vehicle parts, hardware stores, retail lumber yards for the storage, sale and minor milling of materials.
[Amended 3-9-1999 by Ord. No. 1-1999]
(3) 
Motor vehicle service stations.
(4) 
Bars or taverns.
[Amended 2-10-2015 by Ord. No. 01-2015]
(5) 
Computer, audio and video electronic stores.
(6) 
Funeral homes.
(7) 
Parks and playgrounds.
(8) 
Buildings used exclusively by federal, state, county or local government.
(9) 
Hotels and motels.
(10) 
Offices.
(11) 
Bars with live entertainment.
[Added 2-10-2015 by Ord. No. 01-2015]
(12) 
Restaurants.
[Added 2-10-2015 by Ord. No. 01-2015]
(13) 
Restaurants, fast food.
[Added 2-10-2015 by Ord. No. 01-2015]
(14) 
Restaurants, formula fast food.
[Added 2-10-2015 by Ord. No. 01-2015]
(15) 
Restaurants with limited live entertainment.
[Added 2-10-2015 by Ord. No. 01-2015]
(16) 
Restaurants, fast food with drive-up.
[Added 2-10-2015 by Ord. No. 01-2015]
B. 
Accessory uses. Same as the C-1 Retail Commercial District.
[Amended 6-13-1995 by Ord. No. 17-1995]
C. 
Conditional uses as stipulated in § 236-40. Conditional uses, as stipulated in § 236-40, shall be as follows:
(1) 
Same as R-1 and R-2 Districts.
(2) 
Motor vehicle sales lot, both new and used.
[Amended 3-9-1999 by Ord. No. 1-1999]
(3) 
Apartments.
(4) 
Adult entertainment establishments, adult bookstores, adult picture theaters, adult mini-motion picture theaters and adult cabarets.
[Added 11-22-1994 by Ord. No. 38-1994]
(5) 
Limousine service businesses.
[Added 5-8-2001 by Ord. No. 9-2001]
(6) 
Taxicab service business.
[Added 5-8-2001 by Ord. No. 9-2001]
(7) 
Nightclubs.
[Added 2-10-2015 by Ord. No. 01-2015]
D. 
Bulk requirements.
(1) 
Every lot in the C-2 District shall have a minimum width of 100 feet at the street line and a minimum area of 10,000 square feet. Every principal building shall be provided with a side yard of not less than 10 feet, a front yard of not less than 20 feet and a rear yard of not less than 20 feet.
(2) 
Every lot in the C-2 District shall be developed with not more than 80% impervious lot coverage nor more than 50% building coverage.
E. 
Height limits. All buildings in the C-2 District may be erected up to 65 feet in height.
F. 
Minimum floor area. There shall be no minimum floor area in the C-2 District.
G. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Motor vehicle repair garages.
(2) 
Tire sales, sales of automobile parts, hardware stores, retail lumberyards for the storage, sale and minor milling of materials.
(3) 
Offices.
(4) 
Motor vehicle service stations.
(5) 
Bars or taverns.
[Amended 2-10-2015 by Ord. No. 01-2015]
(6) 
Computer, audio and video electronic stores.
(7) 
Funeral homes.
(8) 
Parks and playgrounds.
(9) 
Buildings used exclusively by federal, state, county or local government.
(10) 
Apartment buildings.
(11) 
Hotels and motels.
(12) 
Light manufacturing.
(13) 
Indoor recreation uses limited to indoor tennis courts, skating rinks, handball courts, paddleball courts, bowling alleys and swimming pools.
(14) 
Bars with live entertainment.
[Added 2-10-2015 by Ord. No. 01-2015]
(15) 
Restaurants.
[Added 2-10-2015 by Ord. No. 01-2015]
(16) 
Restaurants, fast food.
[Added 2-10-2015 by Ord. No. 01-2015]
(17) 
Restaurants, formula fast food.
[Added 2-10-2015 by Ord. No. 01-2015]
(18) 
Restaurants with limited live entertainment.
[Added 2-10-2015 by Ord. No. 01-2015]
B. 
Accessory uses. Accessory uses shall be as follows:
(1) 
Garages to house delivery trucks or other commercial vehicles.
(2) 
Restaurants, meeting place facilities and retail stores accessory to hotels and motels.
(3) 
Warehousing accessory to permitted principal uses, provided that:
(a) 
If the basement and the first floor or second floor are occupied by the same occupant, all of the basement, plus 25% of the first or second floor, may be used for warehousing.
(b) 
If the first floor or second floor alone are occupied, then only 40% of the first floor or second floor may be used for warehousing.
(c) 
The storage of highly flammable material necessary in the manufacturing process shall be limited to 10% of the total square footage of the business.
C. 
Conditional uses. Conditional uses shall be as follows:
(1) 
Public utility buildings, structures or facilities.
(2) 
Adult entertainment establishments, adult bookstores, adult picture theaters, adult mini-motion picture theaters and adult cabarets.
[Added 11-22-1994 by Ord. No. 38-1994]
(3) 
Nightclubs.
[Added 2-10-2015 by Ord. No. 01-2015]
D. 
Bulk requirements. The minimum area for a lot shall include provisions for off-street parking, and such parking lot may be considered as part of the yard space.
E. 
Height limits. All buildings in the C-3 District may be erected up to 80 feet in height.
F. 
Minimum floor area. There shall be no minimum floor area in the C-3 District.
G. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Nonnuisance industrial plants and offices which carry on processes within completely enclosed buildings, including:
(a) 
The manufacture, compounding, assembly or treatment of articles or merchandise from previously prepared materials such as canvas, cloth, cork, fur, wood, glass, leather, paper, metals or stone, shell and wax.
(b) 
The manufacture of toys, novelties, rubber or metal stamps and other molded products.
(c) 
The manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.
(2) 
Laboratories of an experimental research or testing nature.
(3) 
Lumber, coal, fuel storage and distribution yards, warehouses, wholesale distribution centers, machine repair shops and public utility storage yards, garages and other warehouses and workshops.
(4) 
Parks and playgrounds.
(5) 
Buildings used exclusively by federal, state, county or local government.
(6) 
Billboards.
(7) 
Motor vehicle service stations, motor vehicle repair garages and motor vehicle body repair shops.
B. 
Accessory uses. Accessory uses shall be storage buildings for materials, liquids, chemicals and similar items not permitted within the main building under Fire Underwriters Standards, provided that they are not closer than 50 feet to any lot line.
C. 
Conditional uses. Conditional uses shall be as follows:
(1) 
Public utility buildings, structures and facilities.
(2) 
Satellite antennas.
D. 
Bulk requirements. The minimum area for a lot shall include provisions for off-street parking, and such parking lot may be considered as part of the yard space.
E. 
Buffer requirements. A fence not exceeding 10 feet in height but not less than six feet in height shall be installed and maintained along all lot lines which form a common boundary with any residential district or school use as part of any site plan approval.
F. 
Height limits. No building or structure in an IND District shall exceed a height of 65 feet.
G. 
Minimum floor area. There shall be no minimum floor area in the IND District.
H. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
A. 
Principal uses. Principal uses shall be as follows:
(1) 
Office and office complexes.
(2) 
Light manufacturing.
(3) 
Scientific or research laboratories.
(4) 
Hotel/motel complexes, including restaurants and convention facilities.
B. 
Accessory uses. Accessory uses shall be warehousing, provided that not more than 40% of the floor area of any building shall be used for warehousing.
C. 
Conditional uses. Conditional uses shall be as follows:
(1) 
Light manufacturing parks.
(2) 
Public utility buildings, structures or facilities.
(3) 
Satellite antennas.
D. 
Bulk requirements.
(1) 
The minimum lot size shall be two acres. The minimum lot width shall be 200 feet, with a minimum lot depth of 300 feet.
(2) 
No building or structure shall be located closer than 75 feet to any street right-of-way.
(3) 
The minimum side yard shall be 30 feet, but in no event shall either side yard be less than the height of the building or structure. The minimum rear yard shall be 50 feet.
(4) 
Building coverage shall not exceed 50% of the lot area.
(5) 
No building shall be located within 65 feet of a residential district boundary line.
E. 
Buffer requirements. A transition or buffer strip not less than 20 feet wide consisting of conifers evergreen type shall be provided along all lot lines which form a common boundary with any residential district or school. The conifers shall be a minimum of five feet in height when newly planted and shall be planted at intervals of 10 feet or less.
F. 
Height limits. No structure shall exceed 45 feet in height.
G. 
Minimum floor area. There shall be no minimum floor area in the IND/OP District.
H. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
[Added 7-9-1996 by Ord. No. 22-1996]
The purpose of this zone is to protect the remaining environmentally sensitive steep slope land of the Town by controlling density and encouraging cluster development.
A. 
Density. The maximum permitted density in the R-1S Zone shall be 1.5 units per acre.
B. 
Principal uses. Principal uses shall be as follows:
(1) 
Single-family dwelling.
(2) 
Boarding- and rooming houses for not more than two roomers, boarders or lodgers.
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for six or fewer persons, excluding resident staff.
C. 
Accessory uses. Accessory uses shall be as follows:
(1) 
Home occupations.
(2) 
Private garages.
(3) 
Private residential swimming pools.
D. 
Conditional uses as stipulated in § 236-40, Conditional uses, shall be as follows:
(1) 
Public utility buildings, structures or facilities.
(2) 
Satellite antennas.
(3) 
Public parks and playgrounds.
(4) 
Professional occupations.
(5) 
Community buildings or centers
(6) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for more than six persons, excluding resident staff.
E. 
Bulk requirements.
(1) 
Every lot in an R-1S district shall have a minimum width of 100 feet at the street line and a minimum area of 30,000 square feet. Every principal building shall be provided with 2 side yards totaling 30 feet in width. The minimum width of 1 of the side yards shall not be fewer than 10 feet. In the R-1S District, the required front yard must be met on both sides for corner lots.
(2) 
No principal building shall be closer than 50 feet to the rear lot line or closer than 35 feet to the street line.
(3) 
Lot coverage shall not exceed 30% or 20,000 square feet, whichever is smaller.
(4) 
Lot disturbance shall not exceed 50% or 20,000 square feet, whichever is smaller.
F. 
Height limits. No building or structure in the R-1S District shall exceed 35 feet in height.
G. 
Minimum floor area. Every new residential building in an R-1S district shall have a minimum gross first floor area of 1,000 square feet per dwelling unit.
H. 
Off-street parking. All uses shall be required to provide on-site, off-street parking in accordance with § 236-43.
[Amended 11-10-2003 by Ord. No. 39-2003]
I. 
Cluster development option.
(1) 
Cluster development is development based on an overall density for the entire tract with the dwelling units generally located on individual lots reduced in size so that higher densities result in segments of the tract, with common open space, common property or open space generated on the remainder of the tract. Cluster development will be permitted, and is encouraged in the R-1S District, provided that the maximum permitted density of development shall be 1.5 units per acre and it is developed in accordance with the following requirements.
(2) 
Development standards.
(a) 
All lots in a cluster development shall meet all other requirements of the R-1S District unless modified herein.
(b) 
The minimum tract size where a cluster development option may be considered shall be 15 acres. The Planning Board may permit cluster development on a tract smaller than 15 acres if there is a particular public purpose to be served or environmental advantage to be gained.
(c) 
The option as to whether a particular tract is suitable for development utilizing the cluster option shall rest with the approving agency. Any application proposing to utilize the cluster option shall first present to the approving agency a concept plan showing the alternative conventional development to assist in determining the suitability of the tract for the cluster development proposed. The approving agency shall make a specific finding and conclusion as to the suitability for the tract to be developed with the cluster option and shall adopt the finding by resolution prior to hearing testimony or acting on the subdivision. In reaching its decision, the approving agency shall take into account the environmental constraints of the proposed site, the size, shape and proposed use of any and all open space parcels created, the alternative conventional development plan and the effect of the proposed development on the Master Plan of the Town of Dover.
(d) 
Every lot in a cluster development in the R-1S District shall have a minimum width of 75 feet at the street line and a minimum area of 10,000 square feet. Every principal building shall be provided with 2 side yards totaling 20 feet in width. The minimum width of 1 of the side yards shall not be fewer than 10 feet.
(e) 
No principal building shall be closer than 35 feet to the rear lot line or closer than 35 feet to the street line.
(f) 
Lot coverage shall not exceed 40% or 10,000 square feet, whichever is smaller.
(g) 
Lot disturbance shall not exceed 90% or 15,000 square feet, whichever is smaller.
(h) 
The maximum infrastructure disturbance for cluster developments shall be 10% of the entire tract area under consideration. For the purposes of this section, the term "infrastructure disturbance" shall mean the percentage of the tract which is required to be disturbed in order to construct the required public and/or common improvements, including but not limited to roadways, sidewalk, water supply facilities, stormwater management facilities, sanitary sewer facilities and other such improvements, whether proposed for dedication to the Town or proposed for private ownership.
(3) 
Open space provisions.
(a) 
All open space areas created shall be a minimum of three acres in size, unless it is proposed to attach an open space parcel to an existing parcel of open space, in which case the minimum size shall be determined by the approving agency. Open space areas shall be developed for active recreation when and where deemed appropriate by the approving agency.
(b) 
Open space areas created shall be made available to the Town for public dedication. The approving agency shall consider the suitability and adaptability of the land for the purpose or purposes proposed, including physical characteristics, geographical location, accessibility, relationship to the Master Plan, expenditures required to improve said land or otherwise make it suitable, for the use proposed and all other factors which would normally be considered if such lands were being considered for purchase instead of acceptance for cluster development credit and report its findings to the Town governing body.
(c) 
The Town governing body shall make the final determination as to whether lands proposed for public open space are suitable for dedication. The Town governing body shall provide the Planning Board with a report of its determination as to the suitability of the open space for dedication.
(4) 
Homeowners' association provision.
(a) 
All open space areas created which are not deemed necessary or suitable for dedication to the municipality shall be deeded to a homeowners' association for the benefit of the development, comprised of each of the owners of the individual lots created.
(b) 
Membership in the association shall be mandatory for all lot owners, and the final map creating the open space parcels shall contain a notation that all such open space parcels created are dedicated to open space use in perpetuity, and future resubdivision or other use of the parcels created is specifically prohibited.
(c) 
The Articles of Incorporation creating a homeowners' association, the bylaws and the declaration of covenants, conditions and restrictions shall be submitted to the Town Attorney for his review and determination of adequacy as to form. The documents listed above shall contain at least the following minimum provisions:
[1] 
Mandatory membership of all lot owners.
[2] 
Monthly maintenance fee adequate to provide for taxes, maintenance and the operation of any and all common facilities.
[3] 
Right of the Town to perform any necessary maintenance, etc., and to assess the costs, as a tax lien against each individual homeowner should the association fail to meet its responsibilities.
[4] 
The association shall not be dissolved, nor shall it dispose of any open space by sale or otherwise.
[5] 
The developer shall be responsible for the taxes and maintenance of any open space or common facilities until such time as a homeowners' association has been formed and is functioning.
(5) 
Approval procedure.
(a) 
Any applicant wishing to utilize the cluster development option shall submit a sketch plat showing the proposed cluster lot arrangement and a concept plan showing the alternative conventional development.
(b) 
The applicant shall also submit a summary environmental impact statement in sufficient detail for the approving agency to make an informed judgment as to the merits of the cluster proposal, the proposed disposition of the open space lands created and the environmental advantages of the proposed development plan.
(c) 
The approving agency shall make a determination as to the appropriateness of the site for cluster development based on the data submitted and the advice of any appropriate, municipal agencies. If there is a favorable finding by the approving agency, the open space proposal shall be sent to the Town governing body for a determination on the acceptability of any lands for public ownership.
[Added 7-13-2004 by Ord. No. 20-2004]
A. 
Steep slope areas defined:
CRITICAL SLOPE AREAS
Those previously undeveloped areas having a grade of 25% or greater, as calculated by the methodology contained in Subsection B(1) of this section.
MODERATE SLOPE AREAS
Those previously undeveloped areas having a grade of 15% or more, but less than 25%, as calculated by the methodology contained in Subsection B(1) of this section.
B. 
Slope areas methodology and restrictions.
(1) 
Methodology.
(a) 
The method of determining slopes classified as "moderate" and "critical" shall be based upon two-foot contours and measured over a distance having a minimum change in vertical elevation of two feet. A plan and calculations prepared by a licensed professional engineer or land surveyor shall be submitted to determine the extent of moderate and critical slope areas. Said plan shall be clearly and legibly drawn or reproduced at a scale of no less than one inch equal to 30 feet for tracts of one acre or less and no less than one inch equal to 50 feet for tracts greater than one acre. All topography and elevations shall be related to a benchmark noted on the plan and, wherever possible, shall be based on the United States Geological Survey mean sea level data. Existing contours of the site under review shall be presented at no greater than two-foot intervals.
(b) 
The permitted lot coverage and building coverage of any site shall be calculated by excluding all critical slopes and 50% of the moderate slopes from the lot area.
(2) 
Development restrictions.
(a) 
There shall be no site disturbance, no structures and no impervious coverage permitted within critical slope areas. Excluded from this limitation are utility improvements, both public and privately controlled, such as electric, telephone, cable lines, potable water, sanitary and storm sewer lines, driveways, utilities and roads, both public and private. Driveways, however, must be designed and constructed with a maximum grade of 15% at any point and disturb no more than 25 feet of width parallel to the driveway. Utility crossings within critical slopes shall be located to fall within the driveway disturbance area where possible in order to minimize critical slope disturbance.
(b) 
Within moderate slope areas, no more than 50% of the rate of coverage for each developable lot(s), pursuant to the applicable zone district standards, may be utilized for building and/or lot coverage. For example, in a residential zone district which permits a maximum of 65% lot coverage and 25% building coverage for each developable parcel, no more than 32.5% of that area classified as moderate slope may be improved with impervious coverage and no more than 12.5% of that area classified as moderate slope may be improved with building coverage.
[Amended 12-10-2002 by Ord. No. 35-2002]
A. 
Location of accessory buildings and structures. All freestanding accessory buildings or structures shall not be located in the front or side yard area of the principal building. Freestanding flagpoles may be located in the front or rear yard area.
B. 
Height and area of accessory buildings and structures. Accessory buildings and structures shall not exceed one story or 18 feet in height and may not occupy more than 30% of a required rear yard or a maximum of 600 square feet, whichever is smaller. Freestanding flagpoles shall not exceed 20 feet in height.
C. 
Distance from adjacent building and property line. The minimum distance of any accessory building or structure from an adjacent building or property line shall be five feet.
D. 
Accessory buildings as part of principal buildings. Accessory buildings may be erected as part of a principal building, provided that all yard requirements of this chapter are complied with for the principal building, including the attached accessory building.
[Amended 6-13-1995 by Ord. No. 17-1995]
The owner or owners, occupant or occupants of each and every dwelling, store or other building which now fronts or may hereafter front upon any of the streets or public places within the Town of Dover shall cause the same to be properly numbered. The numbering shall be in figures at least three inches in height with a one-half-inch stroke, placed conspicuously on the front of each dwelling, store or other building.
[1]
Editor's Note: See also Ch. 133, Buildings, Numbering of.
Except as previously or hereinafter provided, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, structurally alter or use any building, structure or land except in conformity with regulations of the district in which such building or structure is located.
Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of this chapter, may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which the new building or similar occupancy would be permitted under this chapter, provided that all height, area and yard requirements are also met and only when the resulting occupancy will comply with the requirements governing new construction in such district.
[Amended 6-13-1995 by Ord. No. 17-1995]
No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required by law to do so, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located. Any legally established existing use of a building or structure, lot or land or part thereof which constitutes a conforming use under the provisions of the Land Use Code of the Town of Dover may be continued.
A. 
Abandonment. A nonconforming use shall be considered to be abandoned if there occurs a cessation of the previous use or activity on the part of the owner or tenant for a period of one year from the date of cessation of use or activity, at which time such abandoned building, structure or premises shall not be put to a nonconforming use again.
B. 
Conversion to permitted use. Any nonconforming building or use which has been changed to a conforming use shall not be changed back again to a nonconforming use.
C. 
Restoration. Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm or other act of God shall be considered partially destroyed if the cost of restoration equals up to one-half (1/2) the estimated equalized or true valuation of the building as determined by the Tax Assessor, and such building or use may be rebuilt, restored or repaired. If the damage is greater than one-half (1/2), the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity with the building and use requirements of this chapter.
D. 
Repairs and alterations. A nonconforming building or structure may be repaired or maintained as required to keep it in sound condition. No structural alterations shall be made to any nonconforming structure or building except those that are required by law.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
No open space provided around any principal building for the purpose of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing open space for meeting the same requirements for another principal building.
[Amended 6-13-1995 by Ord. No. 17-1995]
There shall be no more than one principal structure on any single lot in a residential district.
Any lot within any residential district permitted to be subdivided for residential purposes and/or constructed upon for residential purposes and which residences shall be serviced by an individual septic system rather than being connected to the sanitary sewer system shall have a lot size of not less than 10,000 square feet.
[Amended 6-13-1995 by Ord. No. 17-1995]
A. 
The following structures are not permitted within the required yard areas unless they meet the following criteria:
[Amended 4-28-1998 by Ord. No. 15-1998]
(1) 
Open porches, balconies, overhangs, breezeways, terraces and carports attached to single- and two-family dwellings shall be considered as part of the principal structure and may project into any required yard area, provided that:
(a) 
Not more than 80 square feet of said structure shall project into the required yard area; and
(b) 
No portion of any such structure shall be closer than five feet to any property line as measured horizontally.
(2) 
Decks attached to single- and two-family dwellings shall be considered as part of the principal structure and may project into the side or rear yard with the following limitations when the deck is:
(a) 
Located in side yard:
[1] 
Not more than 80 square feet of such structures may project into the required yard area; and
[2] 
No portion of any such projection shall be closer than five feet to any property line as measured horizontally.
(b) 
Located in rear yard:
[1] 
The deck does not occupy more than 20% of the existing rear yard area; and
[2] 
The minimum side and rear setback is at least equal to the height of the deck as measured from the grade plane to the highest point of the deck floor, but the minimum side and rear setback shall never be less than five feet.
B. 
The following structures and appurtenances are permitted within the required yard areas:
[Amended 11-14-2000 by Ord. No. 23-2000]
(1) 
Parking areas and access drives in accordance with the requirements of § 236-43F.
(2) 
Exterior stairs not more than four feet wide.
(3) 
Landings and platforms up to 16 square feet associated with exterior stairs or building egress.
(4) 
Walkways, patios and chimneys.
(5) 
Fire escapes required by law.
C. 
Canopies, awnings or similar devices shall be permitted to extend over the sidewalk in the C-1 and URD Districts only. An awning shall project not more than six feet from the building to which it is attached or to the curbline, whichever is shorter. Canopies shall be permitted to extend to within three feet of the curbline and shall be of cantilever construction.
A. 
No wall or fence, except retaining walls, shall be erected or altered in the front yard of any lot in any residential district to a height in excess of four feet, or in the side or rear yard in any residential district to a height in excess of six feet. All walls and fences, including retaining walls, shall meet the requirements of § 236-34 for corner clearance. Walls or fences, except retaining walls, erected on corner lots shall not be more than four feet in height in the front or side yard in any residential district.
[Amended 4-28-1998 by Ord. No. 15-1998; 2-8-2005 by Ord. No. 4-2005]
B. 
No fence or wall shall be erected of barbed wire or topped with metal spikes. No fence other than in an industrial zone shall be constructed of any material or in any manner which may be dangerous to persons or animals.
C. 
Where any fence is discernible as having a finished or good side, said fence shall be installed with the finished or good side facing the abutting property.
D. 
Minor site plan approval shall be required for all fences in the Industrial District which do not meet the requirements of this section.
E. 
No retaining wall shall be erected in a residential district to a height in excess of four feet. Construction of retaining walls in a residential district for the purpose of regrading a property by terracing shall be limited to a maximum of two- to four-foot-high retaining walls with a minimum of four feet horizontal spacing between the faces of the two walls. Additional terracing of more than two walls will not be permitted without a minimum of 20 feet horizontal separation between terracing wall pairs. Retaining walls shall not be constructed in locations that would impact the disturbance of steep slope areas as regulated by § 236-21.2.
[Added 4-28-1998 by Ord. No. 15-1998; amended 2-8-2005 by Ord. No. 4-2005]
In any district, on any corner lot, no fence, wall (except retaining wall), sign, structure, planting or visual obstruction shall be erected or maintained to a height greater than 2.5 feet above road grade within a triangle bounded by the sides 25 feet from a street intersection as measured along the curbline from the point where the curblines intersect.
Garden and high-rise apartments shall meet the following standards in addition to those standards set forth for the zone district in which they are located:
A. 
The overall density of garden apartments shall not exceed 15 dwelling units per acre. The overall density of high-rise apartments shall not exceed 45 dwelling units per acre.
B. 
The arrangement of buildings shall be such that, when viewed perpendicular to any side, the overall length shall be no more than 200 feet.
C. 
The following yard areas shall be minimum distances as measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. Where the ends of buildings are opposite or generally opposite, no buildings as measured radially from any corners shall be closer to any other building corner than the combined distance of the side yard requirements for each building. Yard requirements shall be:
Number of Stories
Front Yard
(feet)
Side Yard
(feet)
Rear Yard
(feet)
1 to 3
40
20
50
4 to 6
50
30
50
7 to 14
50
40
70
D. 
Total building coverage shall not exceed 30% of the total land areas of the site.
E. 
In no event shall a garden or high-rise apartment building be located within 40 feet of a lot line adjacent to a single-family zone.
F. 
For any development of 12 dwelling units or more, a minimum of 15% of the total land area of the site shall be allocated and developed for active recreation space. In no case shall such active recreation space or spaces be less than 2,500 square feet in size, less than 75 feet wide or have a grade in excess of 5%.
G. 
No dwelling unit shall have a finished floor level less than 16 inches above the average finished grade along the front of the building. Basement dwelling units shall be prohibited; however, basement space for permitted accessory uses is allowed.
A. 
Within any residential district, no building with permitted professional, office or home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.
B. 
The following types of construction shall be considered not to be residential in character:
(1) 
Storefront-types of construction.
(2) 
Garage doors larger than needed for passenger automobiles and commercial vehicles of two-ton gross weight.
(3) 
Unfinished concrete block or cinder block wall surfaces.
A. 
No motor vehicle repair garages, motor vehicle service stations, motor vehicle body repair shops, parking garages or parking areas for five or more vehicles shall be located within 200 feet along the same side of a street as any school, public playground, church, hospital, public building or institution, except where and when the property is in another block or on another street which the lot in question does not abut. No auto service station shall be permitted where any oil drainage pit or visible appliance for any purpose other than filling pumps is located within 12 feet of any street line or within 25 feet of any residential district, unless such appliances or pit are within a building. No property or premises shall be used for the storage of more than one untitled or unlicensed motor vehicle or vehicles incapable of normal operation. Any and all other salvaged parts, scrap metal or other materials shall be stored within a building.
B. 
All stored vehicles shall be kept in designated on-site parking areas as required by § 236-43 of this chapter. No parking areas shall be located within 10 feet of any property line. No vehicles stored outdoors may be utilized for salvaging of parts.
The following regulations and standards shall apply to all signs and advertisement differentiated by zone and type of sign as defined in § 236-5.
A. 
Alterations. No sign erected before the effective date of this chapter shall be rebuilt or relocated without conforming to the provisions of this chapter. This provision shall not prohibit the repair or renovation of an existing sign upon the date of adoption of this chapter.
B. 
Maintenance. All signs, together with their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. All signs shall be so maintained that their appearance is in keeping with the standards of the neighborhood and does not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration or downgrading of the neighborhood with the accompanying decrease of property values.
C. 
Prohibitions.
(1) 
The following types of signs or artificial lighting are prohibited:
(a) 
Flashing, spelling or movement of all or part of the sign, except time, temperature or barbershop poles; pylon signs/billboards or roof signs; signs which compete for attention with or may be mistaken for a traffic sign or signal.
(b) 
Signs which are a menace to public safety or which obstruct the view of any street, intersection or crosswalk. Signs erected on any part of the structure beneath a railroad overpass shall be deemed to be a menace to public safety.
(c) 
Temporary advertising signs affixed to the window of a door, but not including informational signs such as "Push" or "Pull."
(d) 
Projecting signs with an area greater than six square feet.
(2) 
No sign shall be erected or suspended across a street or alley.
(3) 
No sign shall be used for or converted into a fence or wall of a shed or building.
(4) 
Objectionable matter. No matter shall be painted or posted on a sign of any kind, or on any structure, that is licentious, vulgar or obscene or depicts the commission of any crime.
D. 
Small signs not enumerated elsewhere. Small signs permitted by law and/or exceeding one by one-half (1 x 1/2) foot may be erected for policing or parking purposes.
E. 
Public signs. Nothing in this section shall be deemed to restrict or prohibit the erection, construction or maintenance, within the Town of Dover, of signs or markers for use in policing, directing or controlling of traffic or parking when legally authorized by the state, county or Town, or by any department thereof.
F. 
Traffic direction, control and regulation signs. All such signs shall be in accordance with the Manual of Uniform Traffic Control Devices.
G. 
Termination of use. At the termination of any professional, business or industrial use of any premises, the permission to display signs associated with such use shall terminate. All such signs, and the brackets and posts which support the signs, shall be removed from the premises within 30 days from the date of termination of such use. The owner of the property shall be responsible for the removal of all such signs.
H. 
Temporary signs. The following temporary signs are permitted in all districts:
(1) 
Real estate signs. Signs designating property for sale or lease shall not exceed five square feet in area in any residential district or 20 square feet in any other district. They shall be placed at least eight feet from an adjacent property line. They shall be promptly removed upon the sale of the property. No more than one sign shall be permitted on a residential lot.
(2) 
Banner signs. Banner signs shall only be permitted as a temporary sign and shall be limited to announcements of new occupancies only, shall not exceed 10 square feet in area and shall not be displayed for a period of more than 30 days.
[Amended 6-13-1995 by Ord. No. 17-1995]
(3) 
Charitable organization drives. Signs for campaign or money-raising drives of religious or charitable organizations operating in the general public's interest shall not exceed 16 square feet in area. Signs shall be erected no sooner than two weeks prior to the publicized event and shall be removed no later than 48 hours after the event. No more than two temporary outdoor signs shall be erected by any such organization, which signs shall be erected on the property owned or rented by such organization whenever feasible.
(4) 
Construction signs. Signs pertaining to the construction, repair or remodeling of any building shall be located at the principal entrance to the building within the property lines. They shall not exceed 32 square feet in area. They shall be moved within seven days after the completion of the construction work.
(5) 
Political events. Signs announcing any political events or campaigns may be erected in any district. Such signs may not be erected prior to 60 days before the political event or campaign. All signs covered by this section shall be removed within 15 days after the political event or campaign.
(6) 
Window signs. Window signs shall only be permitted as a temporary sign, and the area of such signs shall not exceed 25% of the window surface area, and such signs shall not be displayed for a period of more than 30 days.
[Amended 6-13-1995 by Ord. No. 17-1995]
I. 
Residential district signs and signs for other districts. The following signs are permitted in a residential zone:
(1) 
Temporary real estate signs.
(2) 
Public grounds signs.
(3) 
A nameplate sign for each family housed in a residence.
(4) 
A home occupation or professional sign shall not exceed 60 square inches in area.
(5) 
A ground or wall sign not to exceed four square feet in area identifying the name of the premises of a boardinghouse, lodging house or apartment house.
(6) 
Signs erected upon the premises of houses of worship and charitable and nonprofit organizations, which shall not exceed 12 square feet in area.
J. 
Signs permitted in districts other than residential districts. Signs permitted in districts other than residential districts shall be as follows:
(1) 
All signs permitted in residential districts.
(2) 
One sign upon premises used for professional offices which shall not exceed 10 square feet area. The sign may be of the freestanding type, in which case it shall be set back from the street side line a distance of not less than 10 feet.
(3) 
Business signs which direct attention exclusively to a permitted business conducted on the premises on which such sign is located or to a product sold or service supplied by such business and deemed to be an integral part of it. The total area of all business signs on a lot shall not exceed two square feet for each one foot of width of the building facade facing the front lot line. The signs shall comply with the following:
(a) 
One sign may be attached to the wall at each main public entrance of a building and shall conform to requirements for wall signs. Such sign shall not exceed 1.5 square feet of area for each one linear foot of front wall except that no wall sign shall exceed 30 square feet in area. On corner lots, each wall facing a street shall be deemed a front wall for purposes of this subsection.
(b) 
A directory sign bearing the name and/or type of business of the principal tenants renting space in the rear or upper floors of the building may be located at the principal entrance of such rented areas. The areas of such sign devoted to each tenant shall not exceed 72 square inches, and the total area of such sign shall not exceed eight square feet.
(c) 
The business signs may be painted on the window and/or doors of each business bearing the name, street number and/or type of business or principal occupant, provided that there shall be no more than one such sign on each window or door.
(d) 
One freestanding sign shall be permitted per lot.
(e) 
No business sign shall be permitted on any lot or building unless it is a structure, or part of a structure, or is attached to or displayed upon a structure.
(f) 
Business and advertising signs may be double-faced interior-lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that no red or green lights shall be permitted within 75 feet of the point of intersection of the street lines at a street corner. No lights of the intermittent or flashing type shall be permitted.
(4) 
Signs required by law to be exhibited by the occupant of the premises, provided that the same do not exceed six square feet in total area.
(5) 
Special signs serving the public conveniences, such as "Notary Public," "Public Telephone," "Public Rest Room" and words of similar directions, provided that each such sign does not exceed 72 square inches in total area, and only one sign of each type is displayed.
K. 
Freestanding signs.
(1) 
Projection. No part of any freestanding sign shall be placed within four feet of the property line.
(2) 
Height and area. No freestanding signs shall exceed 16 feet in height measured from the ground level.
L. 
Wall signs.
(1) 
Placement. Wall signs for the front or face of a building shall be placed in the solid wall spaces between the heads of sills of windows. In no case shall such signs project above the top of any windowsill or cover any part of such opening. Wall signs shall be on the first story or street level of each building, with the exception of signs which identify the name of the building or which identify the occupant of a single-occupant building.
(2) 
Projection. No wall sign shall project higher than the highest point of the facade of the building upon which it is to be erected, and it shall not project more than five inches from the building line.
[Added 7-8-2008 by Ord. No. 17-2008]
A. 
Signage. All signs shall comply with general sign provisions set forth in § 236-38A through L of the Town's Code, except as specifically modified herein. If there is any conflicting standard, the standards set forth herein shall prevail. Nothing herein shall prevent the Historic Preservation Commission from making additional requirements as part of the certificate of historic review process for those properties that lie in the Blackwell Street Historic Preservation District.
(1) 
General requirements. Where a building requires several different signs, they shall be thematically linked and shall be similar in materials, color and method of lighting. Internally illuminated signs are not permitted. The maximum gross area of all signs on a given facade shall not exceed 32 square feet.
(2) 
Wall signs. Each nonresidential use located on the ground floor and having a street-level entrance along a public sidewalk may install wall signage in accordance with all of the following requirements:
(a) 
The maximum quantity of wall signs for each groundfloor business use shall be no more than one wall sign per street frontage.
(b) 
The sign shall be located on the wall area situated near the main public entrance or centered along the street frontage.
(c) 
The maximum height from ground level to uppermost portion of the sign shall not exceed the height of the sill or bottom of any second-story window or 16 feet, whichever is less. In the case of single-story buildings, the maximum height shall not exceed 14 feet or the top of the wall face, whichever is less.
(d) 
The minimum height from ground level to lowermost portion of the sign shall be no less than eight feet.
(e) 
Maximum permitted sign area shall be no greater than one square foot per lineal foot of building frontage occupied by the use on that particular building frontage, not to exceed 24 square feet.
(f) 
Maximum permitted horizontal sign dimension (width) shall be no greater than 75% of the width of the building frontage occupied by the use on that particular building frontage, not to exceed 18 feet.
(g) 
Maximum vertical dimension (height) of the sign face shall not exceed two feet.
(h) 
No wall sign shall project more than eight inches from the wall face upon which it is attached.
(i) 
The sign shall only be externally or indirectly illuminated.
(3) 
Parking garage signs. Wall signs identifying an entrance of a parking garage may be permitted but shall be in conformance with regulations set forth above for wall signs.
(4) 
Awning signs. Nonresidential uses located on the ground floor may display signs on awnings, provided that the following standards are met:
(a) 
Awning signs shall only be permitted on first-story awnings that provide rooflike shelter and/or solar shielding above doorways and windows.
(b) 
The dimensions of the awning shall be in conformance with applicable regulations set forth elsewhere herein for awnings.
(c) 
The sign shall only be located on the front portion of the awning that is generally parallel to the building wall face to which it is attached. This portion is more commonly known as the "valance" (see Figure 236-38.1-1). In the case of an awning shape where a traditional valance might not be provided, the sign text and graphic characters shall be restricted to the lowest 14 inches of the awning, which must be shown to be nearly parallel to the building wall face. In the case of dome awnings, the sign graphics shall additionally be restricted to the middle 1/5 of the awning, when viewed from the front elevation, which must be shown to be nearly parallel to the building wall face.
(d) 
All awning signs shall be professionally sewn or painted.
(e) 
The maximum vertical dimension of the sign face (valance) shall not exceed 14 inches.
(f) 
The maximum height of letters, individual numbers or other characters or images on the awning shall not exceed 12 inches.
(g) 
Maximum width of individual letters, numbers, or other characters or images on the awning shall not exceed 18 inches.
(h) 
The total aggregate horizontal dimension (width) of all individual letters, numbers or other characters shall not exceed 20 feet or 75% of the width of the awning, as viewed in front elevation, whichever is less.
(i) 
The awning shall be limited to a total of two colors plus white as approved by the Planning Board, including the color of sign lettering and all other graphics (see Figure 236-38.1-1).
(j) 
No single awning shall contain sign messages for more than two business establishments.
(k) 
The maximum quantity of awning signs for each nonresidential use located on the ground floor shall be no more than two awning signs per street frontage.
(l) 
Awning signs shall not be internally illuminated.
Figure 236-38.1-1 – Awning Signs
(5) 
Permanent window signs. Only retail or personal service business uses located below the third story of a building shall be permitted to display a permanent window sign. Such sign may be professionally painted on the interior side of a window or may consist of a professionally printed permanent decal(s) installed on the interior side of a window, provided that the following standards are complied with:
(a) 
No window sign shall be permitted in a window above the second story of a building.
(b) 
Maximum area of any and all such sign shall not exceed 25% of the total window area, not to exceed six square feet in area per window.
(c) 
One sign per business establishment per window shall be permitted, up to a maximum of two signs per business on any wall frontage.
(d) 
The sign(s) shall be limited to the name and/or type of business, the address and phone number.
(e) 
The sign(s) may be internally illuminated.
(6) 
Wall-mounted directory sign. For buildings containing nonresidential tenant(s) located above the ground level, one wall-mounted directory sign for each ground floor public entrance into a building shall be permitted whether such entrance fronts on a street or a parking lot.
(a) 
The maximum size of the wall-mounted directory sign shall not exceed eight square feet in sign area.
(b) 
The maximum height from the ground-level to uppermost portion of the sign shall not exceed nine feet if situated directly above the doorway entrance or six feet if not situated directly above the doorway entrance.
(c) 
The minimum height from ground level to lowermost portion of the sign shall be no less than two feet.
(d) 
Such sign may identify all building occupant names and their addresses; however, no sign message for an individual business shall occupy greater than six square feet in area of such a sign.
(e) 
A wall-mounted directory sign may only be externally illuminated with a shielded fixture.
(f) 
All lettering on a wall-mounted directory sign shall be of the same type face (font) style.
(7) 
Projecting sign. Each nonresidential use located on the ground floor and having a direct street level entrance may install one projecting sign subject to the following:
(a) 
The sign shall be attached to the wall along the frontage such use occupies.
(b) 
Such sign face and all signage must be oriented in a position that is perpendicular to the wall to which it is attached.
(c) 
No such sign shall have a thickness that exceeds eight inches.
(d) 
Maximum size of each sign face shall not exceed six square feet in area.
(e) 
Minimum height from ground level to lowermost portion of sign shall be no less than nine feet.
(f) 
Maximum height from ground level to uppermost portion of sign shall not exceed the height of the sill or bottom of any second-story window or 16 feet, whichever is less. In the case of single-story buildings, said maximum height shall not exceed 14 feet or the top of the wall, whichever is less.
(g) 
Maximum horizontal projection from the building wall, including any sign appurtenances, shall not exceed three feet. Such sign may project over a public sidewalk only and shall not extend over any other portion of any other public right-of-way.
(h) 
Maximum horizontal dimension (width) of the sign face shall not exceed 2 1/2 feet.
(i) 
Maximum vertical dimension (height) of the sign face shall not exceed four feet.
(j) 
Maximum height of letters, individual numbers or other characters or images on the signboard shall not exceed 12 inches.
(k) 
Maximum width of letters, individual numbers or other characters or images on the signboard shall not exceed 12 inches.
(l) 
A projecting sign may be internally or externally illuminated.
(8) 
Temporary window advertising signs. Temporary window advertising signs for ground-level retail and personal service business uses located in the C-1 and C-3 Districts are exempt from approval requirements, subject to the following conditions:
(a) 
Such signs may be constructed of paper, cardboard or plastic, and any written, numerical, graphic or photographic material or information shall constitute such a sign.
(b) 
Such signs shall be removed after a period of 30 days and shall have the date of installation printed clearly in the lower righthand corner of such, as viewed from the exterior.
(c) 
Such signs shall be contained solely within the ground-level window of the subject business.
(d) 
Maximum total area of such signs shall not exceed 40% of the total area of ground-level windows, excluding window portions of doors, fronting on a public street. For the purposes of this subsection, any window area covered with a permitted permanent window sign, pursuant to this article, shall be excluded from the calculation of the total area of all groundfloor windows.
(e) 
Information on such signs shall be limited to advertisements for special promotions, temporary sales and other such similar nonpermanent sales promotions for the permitted business conducted on the premises on which said sign is located.
(f) 
Such signs shall be maintained in an orderly manner at all times.
(g) 
This section shall not be interpreted in such a manner as to limit or prohibit any business from displaying merchandise in an interior window display area.
(9) 
Portable sidewalk sign. Only retail and personal service business uses and eating and drinking establishments shall be permitted to display sandwich board signs and other types of portable signs, subject to the following conditions:
(a) 
Maximum size of such signboard shall not exceed five square feet in area. If such sign is two-sided, only one side of such shall be used for the purpose of calculating the permitted sign area.
(b) 
Maximum height and width of letters, numbers or other characters or images on the signboard shall not exceed 12 inches.
(c) 
Such signs shall be located within four feet of an entrance to the business they advertise and shall not be placed so as to interfere with pedestrian or vehicular traffic on a street, sidewalk, walkway or public right-of-way. An unobstructed pathway of at least four feet in width must be maintained on a sidewalk at all times.
(d) 
Such signs shall be constructed of wood, slate board and/or finished metal.
(e) 
Information contained on such signs shall be limited to advertisements for special promotions, sales and other such similar nonpermanent sales promotions for the permitted business conducted on the premises adjacent to which said sign is located.
(f) 
Such signs shall be maintained in an orderly manner at all times.
(g) 
In a building with multiple business occupants who share a common entrance, no more than two such signs shall be permitted, which may be shared among the applicable businesses entitled to a portable special promotion sign under the provisions of this section.
(h) 
Any business use that places or installs such sign, pursuant to this section, shall be required to conform to all other applicable provisions of this article, otherwise such business shall be prohibited from displaying such sign.
(i) 
No such sign shall be displayed when the business it relates to is not open for business.
(j) 
Such signs shall not be illuminated.
(10) 
Freestanding and ground signs. Freestanding and ground signs are not permitted.
(11) 
Residential use signage. Signage pertaining to residential uses shall be in accordance with the signage requirements set forth in the Town's Code for residential uses.
B. 
Awnings and canopies. Awnings and canopies are encouraged in the C-1 and C-3 Districts at the street level of a building when occupied by a nonresidential use. For all uses, awnings and canopies may be used on the upper floors of a building, where appropriate. The design of awnings and canopies shall be architecturally compatible with the style, materials, colors and details of such buildings and should not conceal significant architectural features, such as cornices, columns, pilasters or other trim details. Nothing herein shall prevent the Historic Preservation Commission from making additional requirements as part of the certificate of historic review process for those properties that lie in the Blackwell Street Historic Preservation District. All of the following standards for street-level awnings and canopies shall additionally apply:
(1) 
The highest point of a street-level awning or canopy shall not extend above the top of the first-story windows by more than four feet or 14 feet above the sidewalk grade elevation, whichever is less.
(2) 
The minimum height clearance between the sidewalk and the lowest point of an awning or canopy shall be no less than seven feet six inches.
(3) 
The maximum horizontal projection dimension of an awning from the building wall, including any appurtenances, shall not exceed six feet from the building face. Awnings may project over a public sidewalk but shall not be closer than two feet to the vertical plane of the curbline or the edge of any other public right-of-way.
(4) 
No permanent canopy structure with a projection greater than eight inches from the building wall face shall project over a public right-of-way (including a public sidewalk), unless approved by the governing body of the Town.
(5) 
When fully extended and viewed in side elevation, the height dimension of an awning shall not exceed the projection from the wall face (see Figure 236-38.1-2 below).
(6) 
The surfacing material of awnings shall be made of canvas or modern materials that mimic canvas with traditionally dyed colors in solids or stripes. Metal and vinyl awnings are prohibited. Canopies shall be made of materials permitted for awnings or may be made of architectural materials found on the facade of the building.
(7) 
No awning shall contain more than two colors plus white. The color of any sign messages or other graphic features shall be included in the number of colors. The colors must be compatible with the architectural color scheme of the entire building.
(8) 
On buildings with multiple storefronts, coordinating awning and canopy frame styles shall be used as a means of unifying the structure.
(9) 
All signage on awnings shall be in conformance with applicable regulations set forth elsewhere herein for awning signs.
(10) 
All signage mounted, affixed or displayed directly on a fixed-position canopy shall be regulated as wall-mounted signs in accordance with applicable regulations set forth elsewhere herein for wall signs.
(11) 
Internally illuminated or backlit awnings and canopies are not appropriate and are therefore strictly prohibited. No awning or canopy shall have illumination which permits the passage of light or allows light to be seen through the surface material of the awning or canopy so as to illuminate the exterior of the awning or canopy.
Figure 236-38.1-2 – Awning Proportion
A. 
Private residential pools in areas of single-family lots shall adhere to the following standards:
(1) 
All pools shall be located only in rear yard areas.
(2) 
Pools shall occupy no more than 25% of the rear yard area or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.
(3) 
No edge of any pool shall be closer to any building or any lot line than 10 feet.
(4) 
The rear yard area or some other smaller portion of the rear yard area shall be completely enclosed with fencing no less than four feet in height or more than six feet in height in order to deny accidental access to the pool.
(5) 
The pool may be lighted by both underwater or exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. All standards used for exterior lighting shall not exceed 12 feet to the edge of the pool.
B. 
Public swimming pools or club pools intended for open use of the public or to club members shall adhere to the following standards:
(1) 
Said pools shall be located within a lot area of a minimum of one acre.
(2) 
The pool shall occupy no more than 20% of the lot area. Said area shall include total water surface, including separate wading pools, swimming tanks and diving tanks.
(3) 
No edge of any pool or separate swimming tank shall be closer to any building or any property line than 20 feet.
(4) 
The entire property of the public or club pool shall be enclosed with a solid stockade or slate chain link or equivalent fence no less than eight feet in height nor greater than 10 feet in height in order to deny accidental access to the pool.
(5) 
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All standards used for exterior lighting shall not exceed 25 feet in height and shall be no closer than 25 feet to the edge of the pool.
(6) 
All boundaries of the property which lie closer to any residential building than 50 feet shall be landscaped with dense trees and bushes to provide adequate buffers against light and sound.
(7) 
All loud speakers or public-address systems shall be located and directed so that said speakers are not directly aimed at any adjacent residential buildings or do not create nuisance as defined herein.
C. 
Pools included as part of the overall development of a garden apartment or high-rise apartment, whether open to the public or used as a private facility for the apartment residents, shall adhere to the following standards:
(1) 
Pools shall be located within an area of no less than 4,000 square feet that is devoted exclusively to the use of the pool.
(2) 
The total area of the surface of the water, including separate wading pools, swimming tanks and diving tanks, shall be no more than 30% of the land area devoted to the use of the pool.
(3) 
No edge of any pool or separate swimming tank shall be closer to any building or property line than 20 feet.
(4) 
The total land devoted to the use of the pool shall be enclosed with a fence of no less than six feet in height nor more than eight feet in height in order to deny accidental access to the pool.
(5) 
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon adjacent property.
(6) 
If any portion of the pool, part of the land devoted to the use of the pool, light standard or loud speaker are located closer to any residential building or other property line of another lot more than 30 feet, adequate buffers of trees and shrubs shall be provided.
A. 
The uses, as designated in the particular zone district, may be established only in accordance with the following procedure and only after the following criteria are met:
(1) 
Application for conditional use. Application for conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 or to the Zoning Board of Adjustment pursuant to the authority of N.J.S.A. 40:55D-76b. The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of the Site Plan Ordinance.[1]
[1]
Editor's Note: See Art. V, Land Subdivision and Site Plan, of this chapter.
(2) 
Issuance of a permit. The Board shall not order, direct or authorize the issuance of a permit for a conditional use unless it shall find that such use:
(a) 
Is a use permitted in the zone district.
(b) 
Meets all the required conditions for said zone district, except where the conditions hereinafter set forth specifically amend such conditions.
(c) 
Meets the requirements set forth for the particular conditional use hereafter described.
B. 
Provisions applicable to all conditional uses.
(1) 
All conditional uses shall be subject to site plan approval.
(2) 
All buildings and structures, to be erected on the tract, shall be so designed and arranged in order to minimize the impact of the use on the established neighborhood scheme and shall be so designed as to harmonize, as far as possible, with the established architectural scheme of the neighborhood.
(3) 
All yard and setback requirements of the zone district shall be met unless a more restrictive condition is set forth for the particular conditional use hereafter described.
(4) 
A time limit of one year from the date of the conditional use approval shall be set within which time the applicant shall secure a building permit or, where no building permit is required, a certificate of occupancy for said use; otherwise, the conditional use approval shall be null and void.
C. 
Public utility buildings, structures or facilities.
(1) 
The lot shall contain the minimum lot area required in accordance with the zone district in which the lot is located, except that the Board may, for good cause shown, reduce the lot area requirement, but in no event less than 5,000 square feet in size.
(2) 
No yard shall be less than the height of the facility, nor shall any structure be erected within 100 feet of a conforming residential use.
(3) 
Adequate parking shall be required, as determined by the Board when considering the proposed use.
(4) 
Adequate fencing must be provided in accordance with the recommendations of the Board in order to provide protection to the public.
(5) 
Landscape screening shall be provided and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.
(6) 
There shall be a clear demonstration in an environmental impact statement that the public necessity for the use outweighs the negative impacts.
D. 
Light manufacturing parks.
(1) 
A minimum tract size of 20 acres shall be required.
(2) 
The average lot size shall not be less than two acres.
(3) 
The minimum lot size shall be one acre.
(4) 
No lots of less than two acres may be subdivided until a sufficient number of lots in excess of two acres have been subdivided to maintain average lot sizes of two acres.
(5) 
The minimum lot width for lots less than two acres shall be 150 feet.
(6) 
All other area and yard requirements shall be the same as the zone district in which it is located.
E. 
Satellite antennas.
(1) 
The dish shall be erected on a secure ground-mounted foundation.
(2) 
Satellite antennas shall not be constructed in front yards and shall comply with required side yard and rear setbacks for the main building.
(3) 
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. The ability of the applicant to install the dish in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not the conditional use is approved.
(4) 
The antenna shall be exclusively for the use of the occupants of the principal structure of the lot on which it is located.
(5) 
Height and size.
(a) 
Residential zones. The surface area of any reflective dish shall not exceed 12 square feet. The overall height from the mean ground level to the highest point of the antenna or any attachments thereto when extended to their full height shall be no more than seven feet.
(b) 
Commercial and URD Zones: the same requirement as residential, except that roof-mounting is permitted.
(c) 
Industrial and Industrial-Office Park Zones: same as commercial, except that ground-mounted units may be 50 square feet in area and 11 feet in height.
F. 
Rest homes and convalescent homes shall not exceed 10 beds for patients.
G. 
Hospitals, churches, libraries and museums.
(1) 
The minimum front yard setback shall be 30 feet.
(2) 
The lot width shall be a minimum of 150 feet at the street line.
(3) 
The minimum lot area shall be 15,000 square feet.
(4) 
Every principal building shall be provided with two side yards totaling 40 feet in width, with the minimum width of one of the side yards being no less than 15 feet.
(5) 
Height shall not exceed 40 feet in the R-1, R-2 and R-3 Districts or 60 feet in the R-3 and R-4 Districts.
H. 
Professional occupations.
(1) 
Professional occupations shall include the office of a physician, dentist, minister, attorney, real estate agent or other similar professional person.
(2) 
The function of such office may not occupy more than 50% of the first floor area of the building.
(3) 
There shall be only one such office in a building.
(4) 
Not more than one person who is not a resident of the building may be employed in such office.
I. 
Public parks and playgrounds, public recreational and community centers.
J. 
Hotels and motels. The height shall not exceed 65 feet.
K. 
Fraternal organizations. Use is not permitted on the first floor.
L. 
Apartment units, provided that the first floor level is used exclusively for nonresidential permitted principal or accessory uses.
M. 
Automobile sales, new and used.
(1) 
No new or used automobile sales use shall be located within 2,000 feet of another new or used automobile sales use, as measured from the perimeter of the property.
(2) 
Minimum lot area shall be 20,000 square feet.
(3) 
Minimum lot frontage shall be 100 feet.
(4) 
The maximum number of cars permitted for outdoor display shall be one per 330 square feet of lot area not occupied by structure(s).
N. 
Boardinghouses and rooming houses for more than two roomers, boarders or lodgers.
(1) 
Additional off-street parking shall be provided at the rate of one space per roomer, boarder or lodger.
O. 
Community buildings or centers.
(1) 
The minimum front yard setback shall be 30 feet.
(2) 
The lot width shall be a minimum of 150 feet at the street line.
(3) 
The minimum lot area shall be 15,000 square feet.
(4) 
Every principal building shall be provided with two side yards totaling 40 feet in width, with the minimum width of one of the side yards being no less than 15 feet.
(5) 
Height shall not exceed 35 feet.
(6) 
Off-street parking shall be provided in accordance with the Off-Street Parking Requirements of this chapter.[2]
[2]
Editor's Note: See § 236-43, Off-street parking and loading.
(7) 
All on-site activities shall be restricted to take place only within a building. Outdoor activities are prohibited.
(8) 
No community building or center shall be permitted within 2,000 feet of another community building or center .
P. 
Adult entertainment establishments, adult book stores, adult picture theaters, adult mini-motion picture theaters and adult cabarets hereinafter referred to as "sexually oriented businesses."
[Added 11-22-1994 by Ord. No. 38-1994]
(1) 
Sexually oriented businesses shall not be permitted within 1,000 feet of any existing sexually oriented business or any church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 500 feet of any area zoned for residential use or within 1,000 feet of a public or private recreation facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years.
(2) 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings to the satisfaction of the approving agency.
(3) 
No sexually oriented business which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area shall offer for public use any private booths, screens, enclosures or other devices which facilitate sexual activity by patrons.
(4) 
A sexually oriented business shall display one exterior sign giving notice that the premises are off limits to minors.
Q. 
Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries for more than six persons, excluding resident staff.
[Added 6-13-1995 by Ord. No. 17-1995]
(1) 
No such facility shall be located closer than 1,500 feet to any other such facility.
(2) 
The number of persons, other than resident staff, resident at such existing community residences or community shelters within the municipality does not exceed 50 persons or 0.5% of the population of the municipality, whichever is greater.
(3) 
Off-street parking is provided in an amount equal to the sum of one space per two resident persons, other than staff, plus one per staff member on duty or resident during the maximum shift.
(4) 
Off-street parking for more than three vehicles shall be located in the rear yard and adequately screened from adjacent residential uses to prevent headlight glare.
R. 
Limousine service and taxicab service businesses.
[Added 5-8-2001 by Ord. No. 9-2001]
(1) 
An on-site parking area shall be provided with a minimum of one space per limousine and taxicab associated with the business.
(2) 
Maintenance and repair of all limousines and taxicabs shall not take place on the site of the limousine service and taxicab service businesses unless. done indoors and unless the site has been approved as a motor vehicle repair garage use.
S. 
Nightclubs.
[Added 2-10-2015 by Ord. No. 01-2015]
(1) 
The structure housing the nightclub shall be adequately soundproofed so that interior noise is not audible beyond the property line with the doors closed. A vestibule may be required by the review authority to mitigate noise impacts.
(2) 
Security provisions requiring a private licensed and bonded security company and the presence of at least one security guard at each public entrance to admit patrons and monitor exterior areas while facility is open. Security personnel shall be registered under the Security Officer Registration Act (SORA).
(3) 
Any nightclub use shall be a minimum of 100 feet away from any residential use in a residential zone district. Said distance to a residential use in a residential zone district shall be measured from the nearest point of the perimeter of the entire tenant space containing the nightclub use, to the nearest property line of the residential use in a residential zone district.
(4) 
Nightclub uses shall be contained entirely indoors.
(5) 
Nightclub uses shall not be permitted within the same building or on the same property as any residential use.
(6) 
Provisions shall be provided for smoking areas, outside gathering areas, and queuing lines that do not block public sidewalks, driveways, or surrounding businesses doorways.
(7) 
Provisions shall be provided to allow queuing patrons to gain access to restrooms.
(8) 
Each nightclub shall have at least two separate restrooms, one male and one female, with a minimum of one water closet in each. The total number of water closets/urinals shall be in accordance with the following:
Number of Persons of Each Sex
Water Closets
(Urinals)
Male
Female
1 to 25
1
1
26 to 50
Add 1
Add 1
51 to 100
Add 1
Add 2
Each additional 200 over 100
Add 1
Add 2
For males, not more than 50% of the required number of water closets may be urinals. For purposes of this requirement, the estimated number of persons will be based upon the allowed occupancy load of the facility times 1.5, with an assumed split of 50% male and 50% female.
(9) 
Provide and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods, as approved by the Municipal Recycling Coordinator.
(10) 
The business operator shall be responsible for cleaning the sidewalk within 50 feet of horizontal distance from the premises during the hours of operation to maintain the sidewalk free of garbage, cigarette butts or other debris. The business operator shall also arrange for litter removal from the property frontage, including sidewalks and street gutters after close of business. Public and private sidewalks along the entire lot frontage of the business shall be pressure washed on a semiannual basis at the expense of the business.
(11) 
Loitering or congregations of individuals in the parking lot or other exterior portions of the premises, shall be prohibited. All entrance and exit doors shall be closed at all times of operation, except when patrons, employees or other persons are actually entering or exiting the establishment.
(12) 
The site plan shall include a detailed and dimensioned floor plan depicting live entertainment area(s), dance floor(s), bar(s) with seating, tables, chairs, restrooms and facilities, vestibules, ingress and egress doors, security guard station(s), occupancy load calculations and restroom/water closet calculations.
(13) 
Evidence of compliance with all conditions shall be detailed and noted on the site plan.
(14) 
Nightclub uses are permitted as a conditional use only on the north side of the New Jersey Transit railroad tracks.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant, owner or occupant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards.
A. 
As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
B. 
The municipal agency may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
C. 
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
D. 
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Construction Code Official may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with these performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.
E. 
Conditional permit. In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the performance standards established herein, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the performance standards established herein after completion or installation and operation. Within 30 days after a conditional permit is issued, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all performance standards established herein have been met.
F. 
Applicability and enforcement of performance standards.
(1) 
Applicability.
(a) 
Prior to the issuance of any zoning or building permit and as part of any application for development, all submissions, attachments and certifications required herein shall be submitted to the appropriate municipal agency accompanied by a sworn statement filed by the owner of the subject property or the operator of the proposed use indicating that said use will be operated in accordance with the performance standards set forth herein.
(b) 
Any existing structure, use or operation allowed to deteriorate or modified so as to reduce its level of compliance with these performance standards will be deemed to be in noncompliance and to constitute a violation.
(2) 
Continued compliance with these performance standards is required and shall be enforced by the Construction Code Official.
(3) 
All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines set forth herein.
(4) 
Whenever, in the opinion of the Construction Code Official, there is a reasonable probability that any use or occupancy violates any of the performance standards contained herein, the Construction Code Official is hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the performance standards of this Article are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.
A "nuisance element" is any solid particle discharge, odor, liquid or solid waste, radiation, noise, vibration, glare, temperature change, fire and explosion hazard or electromagnetic interference, which exceeds the performance standards established under this section.
A. 
Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:
Nuisance Characteristic
Location
Smoke
Vent or smokestack
Solid particle discharge
Vent, smokestack or property line
Odors
Required setback lines
Liquid wastes
Outlet
Solid wastes
Within property line
Radiation
Vent, smokestack or building wall
Noise
Residential district boundary and lot boundary as noted
Vibration
Building wall
Glare
Property lines
Temperature change
Vent or smokestack for air and at the outlet for liquid or solid discharge
Fire and explosion hazards
Within property line
Electromagnetic interference
Outside property line
B. 
Standards to be enforced.
(1) 
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Town of Dover. All provisions of Title 7, Chapter 27, N.J.A.C., as amended and as augmented by regulations hereinafter designated, and all the following provisions stated, whichever shall be the more stringent, shall be complied with.
(2) 
Smoke.
(a) 
In any zone, no smoke, the shade of which is darker than No. 1 of the Ringlemann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that the smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringlemann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
(b) 
Smoke emissions from the combustion of fuel in mobile sources and from stationary internal-combustion engines shall not exceed the limits set forth in Title 7, Chapter 27, N.J.A.C.
(3) 
Solid particle discharge.
(a) 
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of allowable emission established by Title 7, Chapter 27, N.J.A.C.
(b) 
In any other zone, except the Industrial Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 75% of allowable emission established by Title 7, Chapter 27, N.J.A.C.
(c) 
In the Industrial Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than the allowable emission established by Title 7, Chapter 27, N.J.A.C.
(d) 
No open burning shall be permitted in any zone.
(e) 
All incinerators shall be approved by the State Department of Environmental Protection and Energy (NJDEPE).
(f) 
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(4) 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emissions of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by The Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining threshold limits of odors.
(5) 
Liquid wastes. No liquid waste shall be discharged into any watercourse in the Town except as herein provided.
(a) 
If the applicant proposes to construct facilities for the treatment of wastes, he shall supply a statement by the NJDEPE that such proposed facilities are in compliance with applicable state laws and regulations.
(b) 
No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Town officials and Rockaway Valley Regional Sewerage Authority (RVRSA) shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.
(c) 
No liquid waste shall be discharged into any storm drain, watercourse, ground sump, well, seepage pit or percolation area or onto the ground surface without being done so in accordance with an approved New Jersey Pollution Discharge Elimination System (NJPDES) permit issued by the NJDEPE.
(6) 
Solid wastes. Each property owner shall:
(a) 
Assume full responsibility for adequate and regular collection, storage and removal of all refuse except if the Town of Dover assumes the responsibility.
(b) 
Comply with all applicable provisions of the NJDEPE.
(c) 
Comply with all provisions of Title 7, Chapter 27, N.J.A.C.
(d) 
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(7) 
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1965, as amended, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be more stringent.
(8) 
Noise. The definitions contained in the Noise Control Regulations of the NJDEPE (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.[1]
(a) 
Measurements required under this section shall be made at the locations noted. Measurements shall be made by an individual certified by the NJDEPE to take sound measurements, using equipment meeting the United States of America Standards Institute Standard S 1.4-1961 or the latest revision thereof and S 2.22 or the latest revision.
(b) 
The sound-pressure level of any operation shall not exceed the described levels in the designated octave bands shown below for the locations indicated:
SOUND LEVELS
Octave Band
(cycles per second)
Location "A" Maximum Permitted Sound Level
(decibels)
Location "B" Maximum Permitted Sound Level
(decibels)
0 to 75
72
79
75 to 150
67
74
150 to 300
59
66
300 to 600
52
59
600 to 1,200
46
53
1,200 to 2,400
40
47
2,400 to 4,800
34
41
Above 4,800
32
39
(c) 
Location "A" shall be along all residential district boundary lines if the noise source is in a nonresidential district or all points of the property boundary line if the noise source is in a residential district.
(d) 
Location "B" shall be along all points of the property boundary line if the noise source is in a nonresidential district.
(e) 
Measurements shall be made in all frequency/octave bands indicated.
[1]
Editor's Note: See also Ch. 254, Noise.
(9) 
Vibration.
(a) 
In any zone, no vibrations discernible without instruments at or beyond the property lines on which the source is located shall be permitted. At no point at or beyond the property lines on which the source is located shall the maximum ground-transmitted steady state or impact vibration caused by any use or activity (except those not directly under control of the property owner or user) exceed a particle velocity of 0.10 inch per second for impact vibrations.
(b) 
Particle velocity is to be determined by the formula 6.2AF, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used.
(c) 
For the purpose of this chapter, "steady state vibrations" are vibrations which are continuous or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered "impact vibrations."
(10) 
Glare.
(a) 
No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure.
(b) 
Necessary glare-producing devices, such as roadway and walkway lighting, shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.
(11) 
Temperature change. In any zone, any use or process shall not produce a temperature change discernible at the measuring point which shall produce a temperature change of greater than three degrees Fahrenheit within 10 feet of the discharge point or property line, whichever is closer.
(12) 
Fire and explosion hazards. If it appears that any proposed use structure, process or resulting product or material may constitute a fire or explosion hazard, the approving agency may require the applicant to supply:
(a) 
Proof of the approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
(b) 
A report from the appropriate fire subcode official indicating that the applicant has complied with all applicable fire prevention regulations.
(13) 
Electromagnetic interference. There shall be no electromagnetic interference that:
(a) 
Adversely affects at any point the operation of any equipment other than that belonging to the creator of the interference.
(b) 
Is not in conformance with the regulations of the Federal Communications Commission.
A. 
Number of parking spaces required. The number of off-street parking spaces shall be as follows:
[Amended 11-10-2003 by Ord. No. 39-2003]
(1) 
For nonresidential land uses, parking shall be as set forth in Table I below.[1]
[1]
Editor's Note: Table I follows Subsection O of this section.
(2) 
For residential land uses, parking shall be as set forth in Table I below, unless the residential land use is part of a residential development falling under the jurisdiction of the residential site improvement standards, whereby the number of off-street parking spaces shall be in accordance with said standards.
B. 
Size.
(1) 
Each off-street parking space shall measure nine feet in width and 18 feet in length.
(2) 
Parking spaces for the physically handicapped shall measure 12 feet in width.
C. 
Access and aisles.
(1) 
There shall be adequate provision for ingress and egress to all parking spaces.
(2) 
Access drives or driveways shall be not less than 10 feet for ingress or egress and 20 feet wide for both ingress and egress. No driveway shall be closer than 25 feet to any street intersection as measured from the intersection of the curblines.
(3) 
Access to parking areas shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress and egress from all parking spaces to endure ease of mobility, ample clearance and safety of vehicles and pedestrians.
Parking Angle
(degrees)
Aisle Width
(feet)
30
12
45
13
60 90
18 24
(4) 
Where sidewalks occur in parking areas, parked vehicles shall not overhang the sidewalk unless an additional one foot is provided in order to accommodate such overhang.
D. 
Location. All permitted and required accessory off-street parking and loading spaces shall be located on the same lot as the use to which such spaces are accessory.
E. 
Screening and landscaping. Off-street parking and loading areas for four or more vehicles shall be effectively screened by a fence or hedge on the side or sides adjoining or abutting a residential zone. Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics, as well as to improve the environment of the site and surrounding area. Large parking lots shall be broken down into sections as appropriate for the type and size of the development. Sections shall be separated by landscaped dividing strips, berms and similar elements.
F. 
Minimum distances and setbacks.
[Amended 6-13-1995 by Ord. No. 17-1995]
(1) 
No part of any off-street parking or loading facility in any nonresidential zoning district, except the C-1 and URD Districts, shall be located within 10 feet of a front or rear lot line nor five feet from a side lot line or structure.
(2) 
No part of any off-street parking or loading facility in a residential zoning district shall be within the front yard space, except that nothing shall prohibit the utilization of the space in front of a garage as an off-street parking space.
(3) 
In residential zoning districts, parking areas in any side yard shall require a minimum of 10 feet of clear width from the side property line to any structure or other inhibiting site feature.
(4) 
In residential zoning districts, access drives to a rear yard parking area shall require a minimum of eight feet of clear width from the side property line to any structure or other inhibiting site feature.
G. 
Surfacing. All off-street parking areas, loading areas and driveways shall be surfaced with a bituminous or portland cement pavement or similar durable and dust-free surface. Gravel may only be used where the grade does not exceed four percent and where use of an impervious material would exceed the lot coverage requirement. All areas of four or more spaces shall be marked so as to provide for the orderly and safe loading, parking and storage of vehicles.
[Amended 5-8-2001 by Ord. No. 8-2001]
H. 
Lighting. All lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining residential premises. Illumination levels shall be in accordance with the Illuminating Engineering Society of North America (IES) Lighting Handbook.
I. 
Drainage. Any off-street parking and loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
J. 
Parking for churches, synagogues and other houses of worship. The number of required off-street parking spaces may be eliminated or reduced if there exists within 500 feet of the church, synagogue or other house of worship public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Table I.[2] The church, synagogue or other house of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required by Table I. Any spaces provided in public or private lots shall be shown to be available for worshipers on the day or days of greatest use.
[2]
Editor's Note: Table I, Off-Street Parking and Loading Requirements, is located in Subsection O of this section.
K. 
Off-street loading.
(1) 
Every building erected for commercial or industrial purposes or any other use involved in the receipt or distribution of merchandise, materials or supplies shall provide and permanently maintain off-street loading and unloading space in accordance with requirements of Table II.[3] These requirements do not apply to such activities as personal service establishments, professional offices, business offices and similar uses, provided that these activities and uses can demonstrate to the satisfaction of the Planning Board that they do not normally send or receive any materials or supplies by means of large trucks or by tractor-trailer.
[3]
Editor's Note: Table II, Minimum Required Off-Street Loading Berths, is located in Subsection O of this section.
(2) 
Each loading space shall not be less than 15 feet in width or 45 feet in length and shall have a minimum clearance of 14 feet and may occupy all or any part of any required yard, except the front yard. No off-street loading spaces shall be permitted where the truck or trailer shall extend upon the street right-of-way.
L. 
Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as required space for more than one use unless otherwise approved by the Planning Board in accordance with the purpose and procedures set forth herein.
M. 
Parking areas and garages.
(1) 
Location of exits and entrances. Commercial parking areas or garages for 25 or more motor vehicles shall not have an entrance or exit within 100 feet along the same side of a street on which is located a school, public playground, church, hospital, public library or institution except where such property is in another block or on another street on which the zone lot does not abut. Such access shall not be closer to the intersection of any two streets than 50 feet as measured along the intersection curblines.
(2) 
Overnight parking. No commercial vehicle shall be parked out of doors overnight in any residential zone except as hereinafter set forth.
N. 
Not more than one vehicle of not more than three-fourths-ton manufacturer's rated capacity may be garaged on any lot in a residential zone. The parking or storage of any vehicle with a gross weight in excess of four tons shall be prohibited in any residential district. If garage space is not available, the commercial vehicle shall be parked in a driveway or parking area, not closer than 20 feet to the front property line.
O. 
No tractor-trailer of more than 18 feet shall be parked between a house and sidewalk, except where the driveway passes in front of the house.
Table I
Off-Street Parking and Loading Requirements Nonresidential Land Use
Use
Required Off-Street Parking Spaces Per Indicated Area
Automobile sales
1 per employee, plus 1 per 10 cars displayed
Assembly operations
1 per 800 square feet of gross floor area
Bars
1 per 2 seats
Bowling alleys
4 per alley
Car washes
10 per washing lane
Churches and synagogues
1 per 3 seats
Fiduciary institutions
1 per 300 square feet of gross floor area
Finishing operations
1 per 800 square feet of gross floor area
Hotels and motels
0.7 per guest room, plus 10 per 1,000 square feet of gross floor nonroom area
Industrial uses
1 per 800 square feet of gross floor area
Libraries
1 per 300 square feet of gross floor area
Manufacturing uses
1 per 800 square feet of gross floor area
Medical centers
1 per 250 square feet of gross floor area
Neighborhood convenience centers
4 per 1,000 square feet of gross leasable area under 400,000 square feet of gross leasable area
Nightclub
1 per 3 seats
Offices:
Under 49,999 square feet of gross floor area
4.5 per 1,000 square feet of gross floor area
50,000 to 99,999 square feet
4 per 1,000 square feet of gross floor of gross floor area
100,000 and more square feet
3.5 per 1,000 square feet of gross floor of gross floor area
Receiving
1 per 5,000 square feet of gross floor area
Research
1 per 1,000 square feet of gross floor area
Restaurants
1 per 3 seats
Quick-food establishments
1 per 30 square feet of gross floor area
Retail stores
1 per 200 square feet of gross floor area
Schools:
Elementary
1.5 per classroom, but not fewer than 1 per teacher and staff
Intermediate
2.5 per classroom, but not fewer than 1 per teacher and staff
Secondary
2.5 per classroom, but not fewer than 1 per teacher and staff
Service stations
4 per bay and work area
Shipping
1 per 5,000 square feet of gross floor area
Shopping centers:
Under 400,000 square feet of gross leasable area
4 per 1,000 square feet of gross leasable area
400,000 to 599,999 square feet of gross leasable area
4.5 per 1,000 square feet of gross leasable area
600,000 and more square feet of gross leasable area
5 per 1,000 square feet of gross leasable area
Storage areas
1 per 5,000 square feet of gross leasable area
Theaters
1 per 3 seats
Theaters in shopping centers
1 per 4 seats
Warehouses
1 per 5,000 square feet of gross floor area
Nonresidential Land Use
Required Off-Street Parking Spaces Per Indicated Area
Community buildings, country clubs, social halls, lodges, fraternal organizations and similar uses
1 per 200 square feet of gross floor area
Doctors and dentists
4 per doctor, plus 1 for each employee
Funeral homes and mortuaries
10 per 50 square feet of chapel area
Hospitals, nursing and convalescing homes
1 for each bed, plus 1 for each employee for the shift with the greatest number of employees
Residential Land Use
[Added 11-10-2003 by Ord. No. 39-2003]
Housing Unit Type/Size
Required Off-Street Parking per Dwelling Unit
Single or Two-Family Detached
Up to 3 bedroom
2
4 bedroom
3
5 or more bedroom
4
Townhouse, Multidwelling
Up to 3 bedroom
2
4 or more bedroom
3
Table II
Minimum Required Off-Street Loading Berths
Total Floor Area
(square feet)
Number of Berths
From 0 to 25,000
1
From 25,000 to 40,000
2
From 40,000 to 60,000
3
From 60,000 to 100,000
4
For each additional 50,000 or fraction thereof
1 additional
[Added 3-9-2004 by Ord. No. 6-2004]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Includes but is not limited to man-made trees, clock towers, bell steeples, light poles, flag poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennae or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals on other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
BOARD OF ADJUSTMENT
The Town of Dover Board of Adjustment whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GOVERNING AUTHORITY
The Mayor and Board of Aldermen of the Town of Dover of the Town of Dover.
HEIGHT
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure including the base pad and any antenna, even if said highest point is an antenna.
MUNICIPAL LAND USE LAW
Municipal Land Use Law 40:55D-1 et seq.
PLANNING BOARD
The Town of Dover Planning Board whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PREEXISTING TOWERS AND ANTENNAE
Any tower or antenna on which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of the FAA, FCC, those requirements herein for removal of abandoned antennae and towers, and maintenance. This includes permitted towers or antennae that have not yet been constructed so long as such approval is current and not expired.
PUBLIC OFFICER
The Zoning Official of the Town of Dover.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae, including but not limited to self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
B. 
Applicability.
(1) 
New towers and antennae. All new towers or antennae in the Town of Dover shall be subject to these regulations, except as provided in Subsection B(4).
(2) 
District height limitations. The height limitations applicable to buildings and structures shall not apply to towers and antennae.
(3) 
Public property. Antennae or towers located on property owned, leased or otherwise controlled by the governing authority shall be exempt from the requirements of this section, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority.
(4) 
Amateur radio; receive-only antennae. This section shall not govern any tower or the installation of any antennae that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a reception-only antenna. Any permits under this section shall be subject to the appropriate federal regulations.
C. 
General guidelines and requirements.
(1) 
Purpose; goals. The purpose of this section is to establish general guidelines for the site of wireless communications towers and antennae. The goals of this section are to:
(a) 
Protect residential areas and land uses from potential adverse impacts of towers and antennae;
(b) 
Encourage the location of towers in nonresidential areas;
(c) 
Minimize the total number of towers throughout the Town of Dover;
(d) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(e) 
Encourage users of towers and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f) 
Encourage users of towers and antennae to configure them in a way that minimizes the adverse visual impact of the towers and antennae through careful design, site planning, landscape screening, and innovative camouflaging techniques;
(g) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(h) 
Consider the public health and safety of communication towers; and
(i) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful site planning of tower structures. In furtherance of these goals, the Planning Board or Board of Adjustment, whichever has jurisdiction, shall give due consideration to the Town of Dover's Master Plan, Zoning Map, existing land uses, historic districts, structures and sites, and environmentally sensitive areas in approving sites for the location of towers and antennae.
(2) 
Principal or accessory use. Antennae and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennae or towers may be located on leased parcels within such lots. Towers that are constructed and antennae that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(3) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Planning Board or Board of Adjustment, whichever has jurisdiction, an inventory of all existing towers, antennae or sites approved for towers or antennae that are within the jurisdiction of the governing authority and within one quarter mile of the border thereof, including specific information about the location, height and design of each tower. The Planning Board or Board of Adjustment, whichever has jurisdiction, may disseminate information pursuant to the Right-to-Know Law[1] or any other law or regulation pertaining to the dissemination of public records to any organization seeking to locate antennae within the jurisdiction of the governing authority provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, is not, by disseminating such information, in any way representing or warranting that such sites are available or suitable.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(4) 
Aesthetics; lighting. The guidelines set forth in this section shall govern the location of all towers and the installation of all antennae governed by this section; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may grant variances to these requirements if it determines that the goals of this section are better served thereby and in accordance with the Municipal Land Use Law (MLUL).[2]
(a) 
Towers shall maintain a galvanized steel finish, subject to any applicable standards of the FAA, and be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(d) 
Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the Planning Board or Board of Adjustment, whichever has jurisdiction, may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5) 
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate towers and antennae.
(6) 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is maintained in compliance with standards contained in the Uniform Construction Code[3] and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 10 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 10 days, the Mayor and Board of Aldermen, in conjunction with the Town of Dover's Construction Code Official, may order the removal of such tower at the owner's expense and lien the property for all costs incurred, including professional fees expended.
[3]
Editor's Note: See Ch. 150, Construction Codes, Uniform.
(7) 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities whether located in the Town of Dover or any adjacent municipalities irrespective of municipal jurisdictional boundaries.
(8) 
Not essential services. Towers and antennae shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(9) 
Franchises. Owners and/or operators of towers or antennae shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Dover have been obtained and shall file a copy of all required franchises with the Planning Board or Board of Adjustment, whichever has jurisdiction.
(10) 
Signs. No signs shall be allowed on an antenna or tower other than warning or directional signs required by law.
(11) 
Building and support equipment. Buildings and support equipment associated with antennae or towers shall comply with the requirements of Subsection G.
(12) 
Multiple antenna/tower plan. The Town of Dover encourages the users of towers and antennae to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(13) 
Access road. All access roads leading to the tower and antennae area shall be paved with asphalt or constructed with gravel as deemed appropriate by the Planning Board or Board of Adjustment, whichever has jurisdiction. The access road shall include an area for sufficient parking and turnaround radius for at least one vehicle.
D. 
Permitted and conditional uses.
(1) 
General. The uses listed in Subsection D(2) below are deemed to be either permitted uses or conditional uses and shall require site plan approval. Nevertheless, all such uses shall comply with the pertinent sections of this section and all other applicable ordinances.
(2) 
Permitted uses. The following uses are deemed permitted uses in all commercial and industrial zoning districts:
(a) 
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna; provided, however, that such tower shall be set back from any existing off-site residential dwelling unit a distance equal to the height of the tower;
(b) 
Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, flag pole, water tower or other freestanding, nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure; and
(c) 
Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower and said existing tower is not a preexisting tower as defined herein.
(3) 
Conditional use. The uses listed in Subsection D(2)(a) through (c) are conditional uses in all residential zoning districts, shall require a conditional use permit and shall only be allowed if the following conditions are met:
(a) 
The applicant must demonstrate that the proposed tower or antenna cannot be located in a commercial or industrial zoning district.
(b) 
The applicant must demonstrate that suitable colocation is not available.
(c) 
Setbacks. The following setback requirements shall apply to all towers and antennae for which a conditional use permit is required; provided, however, the Planning Board or Board of Adjustment, whichever has jurisdiction, may reduce the standard setback requirements if the purpose and goals of this section, as outlined in Subsection C(1), would be better served thereby:
[1] 
Towers must be set back a distance equal to the height of the tower from the property line.
[2] 
Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.
(4) 
In granting a conditional use permit, the Planning Board or Board of Adjustment, whichever has jurisdiction, may impose conditions to the extent the Planning Board or Board of Adjustment, whichever has jurisdiction, concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
E. 
Approvals.
(1) 
General.
(a) 
The Planning Board has exclusive jurisdiction pursuant to the MLUL and this section, unless it is determined that the Board of Adjustment has jurisdiction pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (use variance), at which point the provisions of this section shall apply to the Board of Adjustment.
(b) 
Each applicant for approval shall apply to the Planning Board or the Zoning Board of Adjustment as indicated supra, providing the information set forth in this section.
(c) 
The Planning Board or the Zoning Board of Adjustment, as indicated supra, shall review the application for approval and determine if the proposed use complies with this section.
(d) 
The Planning Board or the Zoning Board of Adjustment, as indicated supra, shall respond to each such application within the time parameter established pursuant to the MLUL after receiving an application deemed complete.
(e) 
In connection with any such approval, the Planning Board or the Zoning Board of Adjustment, as indicated supra, may, in order to encourage shared use, waive any zoning district setback requirements or separation distances between towers by up to 50% in accordance with N.J.S.A. 40:55D-51.
(f) 
In connection with any such approval, the Planning Board or the Zoning Board of Adjustment, as indicated supra, may, in order to encourage the use of monopoles, allow the reconstruction of an existing tower to monopole construction.
(2) 
Checklist information required. Each applicant requesting a conditional use permit and/or site plan approval under this section, in addition to meeting the checklist requirements for site plans, shall submit the following additional information:
(a) 
A scaled site plan prepared by a licensed professional engineer clearly indicating the location, type and height of the proposed tower, other on-site land uses and adjacent land uses and zoning (including when adjacent to other municipalities), zoning district designation and lot line delineation of all properties within the applicable separation distances set forth herein, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, site topography, parking and other information deemed by the Planning Board or Board of Adjustment, whichever has jurisdiction, to be necessary to assess compliance with this section.
(b) 
A property survey prepared by a licensed professional land surveyor of the parent tract and leased parcel.
(c) 
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
(d) 
The separation distance from other towers described in the inventory of all existing tower and antenna sites shall be shown. The applicant shall also identify the type of construction of the existing tower(s) and antenna(s) and the owner/operators.
(e) 
A landscape plan showing specific landscape materials including the types, quantity, size and location of all proposed vegetation. The scientific and common names of the vegetation shall be included.
(f) 
Method of fencing, including height, material, construction details and finished color and, if applicable, the method of camouflage and illumination.
(g) 
A description of compliance with Subsections C(3), (4), (5), (6), (9), (11) and (12), setback and separation requirements, and all applicable federal, state or local laws.
(h) 
A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennae for future users.
(i) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) 
A description of the feasible location(s) of future towers or antennae within the Town of Dover based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l) 
All proofs of an engineering nature that are submitted, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(m) 
Any other information deemed by the Planning Board or Board of Adjustment, whichever has jurisdiction, to be necessary to assess compliance with the MLUL and this section.
F. 
Additional requirements.
(1) 
General.
(a) 
Antennae located on existing structures of towers shall conform with the following:
[1] 
Antennae on existing structures. Any antenna which is not attached to a tower may be approved by the Planning Board or Board of Adjustment, whichever has jurisdiction, as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units provided:
[a] 
The antenna does not extend more than 20 feet above the highest point of the structure;
[b] 
The antenna complies with all applicable FCC and FAA regulations; and
[c] 
The antenna complies with all applicable building codes.[4]
[4]
Editor's Note: See Ch. 150, Construction Codes, Uniform.
[2] 
Antennae on existing towers. An antenna which is attached to an existing tower may be approved by the Planning Board or Board of Adjustment, whichever has jurisdiction, and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennae by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such colocation is accomplished in a manner consistent with the following:
[a] 
A tower which is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board or Board of Adjustment, whichever has jurisdiction, allows reconstruction as a monopole.
[b] 
Height.
[i] 
An existing tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower's existing height or the maximum height as stipulated in Subsection F(1)(c) for the number of users, whichever is greater, to accommodate the colocation of an additional antenna.
[ii] 
The height change referred to in Subsection F(1)(a)[2] may only occur one time per communication tower.
[iii] 
The additional height referred to in Subsection F(1)(a)[2] shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations.
[c] 
On-site location.
[i] 
A tower which is being rebuilt to accommodate the colocation of an additional antenna may be moved on site within 50 feet of its existing location.
[ii] 
After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.
[iii] 
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of the separation distance required.
[iv] 
The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection F(3) shall only be permitted when approved by the Planning Board or Board of Adjustment, whichever has jurisdiction.
(b) 
Included in the site plan review the applicant shall present proofs that a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant, now or in the future.
(c) 
All towers must meet the following height and usage criteria:
[1] 
For a single user, up to 90 feet in height;
[2] 
For two users, up to 120 feet in height; and
[3] 
For three or more users, up to 150 feet in height.
(2) 
Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board or Board of Adjustment, whichever has jurisdiction, that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(a) 
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with the antennae on the existing towers or structures or the antennae on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) 
The applicant demonstrates that there are significant other limiting factors that render existing towers and structures unsuitable.
(g) 
Applicant shall have the affirmative obligation of proving that it has attempted to enter into a contract with the owners of the existing tower and structure.
[1] 
This obligation shall include copies of all correspondence as to rates, cost of contributions, etc.
[2] 
Copies of rejection of the offers propounded on the applicant by the owners of the existing structure and/or tower.
[3] 
Written cost proposals indicating actual quoted figures required by the owner of the existing structures and/or tower.
[4] 
A detailed cost analysis indicating the cost to the applicant to construct new tower and/or structure.
(h) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(3) 
Separation. The following separation requirements shall apply to all towers and antennae; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may reduce the standard separation requirements if the goals of this section would be better served thereby.
(a) 
Separation from off-site uses/designated areas.
[1] 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas.
[2] 
Separation requirements for towers shall comply with the minimum standards established in Table I.
Table I
Separation From Off-Site Uses/Zones
Adjacent Land Use
Separation Distance
Residentially zoned land other than publicly held open space land
200 feet or 2 times the height of tower, whichever is greater
Nonresidentially zoned land or publicly held open space land
100 feet or height of tower, whichever is greater
(b) 
Separation distances between towers.
[1] 
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base. pursuant to a site plan, of the proposed tower. The separation distances shall comply with the minimum standards established in Table II.
Table II
Separation Distances Between Towers (feet)
Existing Tower Types
Proposed Tower Types
Lattice
Guyed
Monopole 75 feet in Height or Greater
Monopole Less than 75 Feet in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 feet in height or greater
1,500
1,500
1,500
750
Monopole Less than 75 feet in height
750
750
750
750
(4) 
Security fencing. Towers shall be enclosed by security fencing not less than six feet nor more than eight feet in height and shall be slatted and equipped with an appropriate anticlimbing device; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may grant a waiver of such requirements as it deems appropriate in accordance with N.J.S.A. 40:55D-51.
(5) 
Landscaping. The following requirements shall govern the landscaping surrounding the towers for which a site plan and conditional use permit is required; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may grant a waiver of such requirements as it deems appropriate in accordance with N.J.S.A. 40:55D-51.
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide and 12 feet high outside the perimeter of the compound.
(b) 
In locations where the visual impact of the tower would be minimal, and where deemed appropriate by the Planning Board or Board of Adjustment, whichever has jurisdiction, the landscaping requirement may be reduced or waived altogether.
(c) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be deemed to be a sufficient buffer, where deemed appropriate by the Planning Board or Board of Adjustment, whichever has jurisdiction.
G. 
Buildings and other equipment storage.
(1) 
Antennae mounted on structures or rooftops. The equipment cabinet or structure used in association with antennae shall comply with the following:
(a) 
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 150 square feet of gross floor area or 12 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b) 
If the equipment structure is located on the roof of the building, the area of the equipment structure and other equipment and structures shall not occupy more than 15% of the roof area.
(2) 
Antennae mounted on existing poles used for other purposes. The equipment cabinet or structure used in association with antennae mounted on existing poles used for other purposes shall be located in accordance with the following:
(a) 
In residential districts, the equipment cabinet or structure may be located:
[1] 
In a front or side yard, provided the cabinet or structure is no greater than 12 feet in height or 150 square feet of gross floor area and the cabinet/structure is located a minimum of 10 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
[2] 
In a rear yard, provided the cabinet or structure is no greater than 12 feet in height or 200 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(b) 
In commercial or industrial districts, the equipment cabinet or structure shall be no greater than 15 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3) 
Antennae located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 15 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(4) 
Modification of building size requirements. The requirements of Subsection G(1) through (3) may be modified by the Planning Board or Board of Adjustment, whichever has jurisdiction, to encourage colocation.
H. 
Removal of abandoned antennae and towers.
(1) 
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Zoning Officer notifying the owner of such abandonment.
(2) 
If such antenna or tower is not removed within said 90 days, the Mayor and Board of Aldermen may order the removal of such antenna or tower at the owner's expense and lien the property for the costs associated therewith inclusive of professional fees.
(3) 
If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
I. 
Nonconforming uses.
(1) 
Not expansion of nonconforming use. Towers that are constructed and antennae that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2) 
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(3) 
Rebuilding damaged or destroyed nonconforming towers or antennae. Notwithstanding Subsection H, bona fide nonconforming towers or antennae that are damaged or destroyed may be rebuilt without having to first obtain approval or a conditional use permit and without having to meet the separation requirements specified herein. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
The administration, enforcement, violations and penalties of this Article shall be in accordance with Article X of this chapter. The applicability and enforcement of the performance standards of this Article shall be in accordance with said Article X.
A. 
No owner, tenant or occupant 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 permit has been issued by the Zoning Officer. The zoning permit shall show that such building or premises, or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter or in conformity with the provisions of a variance granted according to law.
[Amended 9-13-2005 by Ord. No. 26-2005]
B. 
Any person desiring to change the use of his premises shall apply to the Zoning Officer for a zoning permit stating under oath such facts as required. A copy of the zoning permit shall be kept on file at all times upon the premises affected and shall be displayed upon request of any authorized official.
[Amended 9-13-2005 by Ord. No. 26-2005]
C. 
All zoning permits shall be issued in triplicate, and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of the zoning permit.
D. 
A record shall be kept of all zoning permits issued, and the original applications therefor shall be kept on file in the same manner as applications for building permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after passage of this chapter, without first obtaining a zoning permit.
E. 
A zoning permit, once granted, shall continue in effect as long as there is no change of use of the premises.
[Amended 6-13-1995 by Ord. No. 17-1995]
F. 
The Zoning Officer shall act upon all such applications within 15 days after receipt of a fully filled-in application or shall notify the applicant in writing of his refusal to issue such permit and the reasons therefor.
[Amended 9-13-2005 by Ord. No. 26-2005]
G. 
Failure to notify the applicant in case of such refusal within 15 days shall entitle the applicant for a zoning permit to file an appeal to the Zoning Board of Adjustment as in the case of a denial.
H. 
The Zoning Officer may waive plans on minor alterations not affecting structural change.
[Amended 9-13-2005 by Ord. No. 26-2005]
I. 
Zoning permit fees shall be in accordance with § 236-98.
[Amended 9-13-2005 by Ord. No. 26-2005]
J. 
If it appears at any time to the Zoning Officer that the application or accompanying plans are in any material respect false or misleading or that the work is being done upon the premises differing materially from that called for in the application previously filed with him and may be in violation of any provision of this chapter, he may forthwith revoke the zoning permit.
[Amended 9-13-2005 by Ord. No. 26-2005]
K. 
Upon written request from the owner, tenant or occupant made within one year of the effective date of this chapter, the Zoning Officer, after inspection, shall issue a zoning permit for a nonconforming use legally in existence at the time this chapter takes effect, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter and, if not, specifying the nonconformity in detail. After the expiration of the one-year period, a zoning permit may only be issued for an existing nonconforming use by the Zoning Board of Adjustment after a hearing held on notice to all persons entitled thereto.
[Amended 9-13-2005 by Ord. No. 26-2005]