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
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R-3
|
Double-Family
| |
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R-3A
|
Double-Family/Rooming House
| |
|
R-4
|
Multifamily
| |
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C-1
|
Retail Commercial
| |
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C-2
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General Commercial
| |
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C-3
|
Light Industrial-Commercial
| |
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D1
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Station Area
| |
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D2
|
Blackwell Street Historic
| |
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D3
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East Blackwell Business
| |
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D4
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South Downtown
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IND
|
Industrial
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IND/OP
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Industrial-Office Park
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RAD
|
Redevelopment Area District
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BHRPA
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Bassett Highway Redevelopment Plan Area
| |
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SSRA
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Scattered Site Redevelopment Area
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GMRA
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Guenther Mill Redevelopment Area
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P-1 RA
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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.
[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.
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]
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.
B.
Accessory uses: 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]
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.
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.
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]
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:
(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.
[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.
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:
(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.
(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.
[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.
(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.
(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)
(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.
(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)
(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.
(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.
(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.
[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.
(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.
(h)
Permitted building types. Only the following building types
are permitted:
(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.
(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.
(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.
(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.
(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.
(b)
Building height.
(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.
(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.
(e)
Maximum building encroachment.
(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.
(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.
(e)
Maximum building encroachment.
(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.
(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.
(f)
Landscaping. Planters and street trees are permitted landscaping
along shopfronts.
(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.
(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.
(f)
Landscaping. Street trees and foundation plantings are permitted
landscaping.
(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.
(f)
Landscaping. Planters and street trees are permitted landscaping.
(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.
(e)
Width of frontage. The maximum distance between columns shall
be 35 feet.
(f)
Landscaping. Planters and street trees are permitted landscaping.
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.
(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.
(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.
(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).
(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.
(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:
(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]
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."
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.
L.
ARCADE
AWNING
BALCONY
BAY WINDOW
BUILDING ENCROACHMENT
BUILDING FRONTAGE
BUILDING TYPE
BUILD-TO-LINE
CIVIC BUILDING
CIVIC USE
CLUB OR FRATERNAL ORGANIZATION
COLONADE
COMMERCIAL BLOCK
CORNER ARCHITECTURAL ELEMENT
CORNER BUILDING
CORNICE
COURTYARD
COURTYARD BUILDING
DORMER
EXPRESSION LINE
FACADE
FRONTAGE LINE
GABLE ROOF
GROUND FLOOR
HIP ROOF
LINER BUILDING
LINTEL
LOT FRONTAGE
MANSARD ROOF
MULTIFAMILY BUILDING
PARAPET
PLAZA
PRINCIPAL FACADE
PUBLIC REALM
RETAIL SALES AND SERVICE
SHOPFRONT AND AWNING
SIGNATURE BUILDING ENTRANCE
SILL
STOOP
STREETSCAPE
TERRACE
TOWNHOUSE BUILDING
VERTICAL SETBACK
VERTICAL RHYTHM or FACADE WIDTH
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
A flexible rooflike cover that extends out from an exterior
wall and shields a window, doorway, sidewalk, or other space below
from the elements.
An elevated plat form that forms the outdoor area of a habitable
space within the building. A balcony may extend beyond the property
line.
A window which projects beyond the wall of a building to
form an alcove within.
An entry feature, balcony, architectural element, or awning
that extends outward from a building.
The length of a building's primary facade that faces a street
or a public plaza.
The principal structure.
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
|
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.
A public or quasi-public use, including but not limited to
a house of worship, library, school, municipal use, or public open
space.
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.
Similar to an arcade, except that it is supported by vertical
columns without arches.
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.
A cupola or a similar structure provided on top of a building
or ventilation for aesthetic purposes. Such structures shall not contain
habitable spaces.
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.
A decorative horizontal feature that projects outward near
the top of an exterior wall.
An unroofed area surrounded by buildings.
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.
A projection from a sloping roof that contains a window and
its own roof.
A decorative horizontal architectural detail that projects
outward from an exterior wall to delineate the top of the story of
a building.
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.
The property line along a public street.
A ridged roof forming a gable at both ends.
The floor of a building at or nearest to ground level.
A roof with pitched ends and sides.
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.
A structural or merely decorative horizontal member spanning
a window opening.
The length of a property that is adjacent to any street,
excluding alleys.
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.
A residential building type in the downtown districts that
is designed to provide housing opportunities within the Downtown and
close to mass transit.
A short vertical extension of a wall that rises above roof
level, hiding the roof's edge and any roof-mounted mechanical equipment.
An unroofed public open space designed for pedestrians that
is open to public sidewalks on at least one side.
A facade facing a primary street, plaza, or public park and
containing the main building entrance.
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.
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.
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.
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.
A horizontal member beneath a window opening, constructed
of wood, stone, concrete, or similar material.
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.
A representation of a street and its surrounding environment.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
[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.
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.
CRITICAL SLOPE AREAS
MODERATE SLOPE AREAS
Steep slope areas defined:
Those previously undeveloped areas having a grade of 25% or greater, as calculated by the methodology contained in Subsection B(1) of this section.
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.
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:
(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:
(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]
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:
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.
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, except that a digital sign may be permitted,
subject to the following conditions:
[Amended 8-11-2020 by Ord. No. 18-2020]
[1]
Digital signs shall only be permitted on commercial properties within
the C-2 Zone District with a lot size of 0.5 acres or more;
[2]
Digital signs shall only be permitted on single tenanted/occupied
commercial properties;
[3]
Digital signs shall be considered freestanding signs and shall be
located on pylons only, and shall not be located on buildings or in
windows;
[4]
The top of the freestanding digital sign or any part of a freestanding
sign shall not exceed the height of the commercial building or 20
feet maximum;
[5]
Digital signs shall not exceed 60 square feet per side and no freestanding
sign shall exceed a total of 75 square feet per side;
[6]
Digital signs shall be required to have at least two settings to
regulate brightness.
(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 40 square feet in area. On corner lots, each wall facing a
street shall be deemed a front wall for the purposes of this subsection.
[Amended 8-11-2020 by Ord. No. 18-2020; 12-1-2020 by Ord. No. 23-2020]
(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.
[Amended 8-11-2020 by Ord. No. 18-2020]
(1)
Projection. No part of any freestanding sign shall
be placed within four feet of the property line.
(2)
Height and area. No freestanding sign shall exceed
75 square feet per side. No digital portion of any freestanding sign
shall exceed 60 square feet per side. The top of any freestanding
sign or any part of a freestanding sign shall not exceed the height
of the commercial building or 20 feet maximum.
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
|
|---|
 |
[Added 7-10-2018 by Ord.
No. 11-2018]
Building and structure accent lighting, including building trim,
window trim, door trim or other similar accent lights, is strictly
prohibited in all zoning districts, unless approved by the Planning
Board as part of a site plan application. This type of lighting includes
but is not limited to track lighting, lamp belts, light bars, strip
lights, tape lights, rope lights, and string lights. Accent lighting
mounted on the inside of windows or doors that is visible from the
exterior of the building is also prohibited unless approved by the
Planning Board as part of a site plan application. Lighting for signage
shall be in accordance with the sign regulations for the appropriate
zoning district.
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]
(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:
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.
(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.
(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.
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]
(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.
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; 10-9-2018 by Ord. No. 14-2018]
(1)
No part of any off-street parking or loading facility in any nonresidential
zoning district, except the C-1 District, 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 area of the front yard that is
not the projection of the side yards; however, nothing shall prohibit
the utilization of the space in front of an existing garage as an
off-street parking space. See Fig. P-1 and Fig. P-2 below.
 Fig. P-1
House with No Attached Garage
|
 Fig. P-2
House with Attached Garage
|
(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.
(5)
There shall be no more than one curb cut providing access for a driveway
or parking area per residential property.
[Added 9-10-2019 by Ord.
No. 07-2019]
(6)
In residential zoning districts where there exists less than 10 feet
of clear width from the side property line to any structure or other
inhibiting site feature, front yard off-street parking shall be permitted
within the area of the front yard that is not the projection of the
side yards provided:
[Added 9-10-2019 by Ord.
No. 07-2019]
(a)
There is no other means of providing a parking area that conforms to all other sections of § 236-43.
(b)
The parking area is no wider than 11 feet.
(c)
The maximum distance from the nearest side property line to
the far side of the off-street parking area is 12 feet.
(d)
The off-street parking area meets criteria depicted in Figure
P-3.
(e)
A driveway and off-street parking area construction permit in accordance with § 236-45.1 is issued confirming compliance with this subsection.
 Fig. P-3
§ 236-43F(6) Special Exception
|
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.
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.
(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
| |
P.
Downtown
special residential district parking.
[Added 9-10-2019 by Ord. No. 08-2019]
|
In an effort to promote redevelopment/rehabilitation of certain
properties in the downtown, off-street parking requirements for 20
or fewer residential dwelling units of no more than two bedrooms may
be satisfied through the purchase of overnight (6:00 p.m. to 8:00
a.m.) parking permits in the Town of Dover public parking lots in
accordance with this section.
|
(1)
Alternative parking standards. In accordance with § 5:21-4.14(c)
(Residential Site Improvement Standards - RSIS), alternative parking
standards to those shown in the statute shall be accepted if the applicant
demonstrates these standards better reflect local conditions. Factors
affecting minimum number of parking spaces include household characteristics,
availability of mass transit, urban versus suburban location, and
available off-site parking resources. The Town of Dover has determined
that for permitted residential uses in the "Downtown Special Residential
Parking District (DSRPD)," off-street residential parking may be satisfied
through the purchase of overnight (6:00 p.m. to 8:00 a.m.) parking
permits in the Town of Dover public parking lots, subject to availability.
These downtown special residential parking district overnight (6:00
p.m. to 8:00 a.m.) parking permits shall be known as "DSRPD permits."
(2)
Downtown Special Residential Parking District - DSRPD Map. For purpose
of delineating the area of the downtown that could be eligible for
the purchase of DSRPD permits in the Town of Dover public parking
lots, the map entitled "Downtown Special Residential Parking District
- DSRPD" shall be used. Only properties that fall within the DSRPD
shall be eligible for consideration for DSRPD permits. The map may
be updated from time to time to add or remove parking lots and/or
parking decks at the discretion of the Town of Dover.
(3)
Requirements for securing and maintaining off-street parking.
(a)
Prior to the of filing an application to the Planning Board
for approval of the proposed residential use(s) for which an applicant
proposes DSRPD permits to satisfy their off-street parking requirements,
the applicant shall submit to the Town of Dover an escrow fee for
deposit in an escrow account with the Town of Dover, an amount equal
to one years parking permit costs for all the required residential
parking sought to satisfy the off-street parking requirements for
anticipated permits in the Town of Dover public parking lots.
(b)
The applicant shall provide the Planning Board a copy of a "letter
of availability" issued by the Town of Dover evidencing the deposit
of the required escrow for the required number of DSRPD permits. Failure
to provide said "letter of availability" shall deem the application
incomplete.
(c)
If the site plan application is approved by the Planning Board,
said escrow deposit shall be transferred to the Town of Dover for
the immediate purchase of said DSRPD permits effective the following
day after the date of adoption of the resolution of approval for the
initial one year of overnight parking. Should the application be denied,
the escrow deposit shall be immediately returned to the applicant
upon receipt of a written request.
(d)
Said overnight parking permits, once issued shall be renewed
on an annual basis upon full payment of the required DSRPD permit
fee (which may change from time to time) to the Town of Dover. Failure
to maintain the required number of DSRPD permits for the life of the
approved residential use, shall constitute a violation of the approval
and the residential use(s) shall be immediately terminated. Nothing
shall prevent an applicant from returning to the Planning Board to
provide evidence that the required off-street parking has been satisfied
in a way other than, through the purchase of DSRPD permits from the
Town of Dover, and said alternative parking must be approved by the
Planning Board.
(4)
Requirements for approval.
(a)
The particular Town of Dover public parking lot/deck proposed
to satisfy the off-street parking criteria shall be within 500 feet
of the property in question as depicted on the Downtown Special Residential
Parking District - DSRPD Map, and spaces shall be verified as available
per the procedures outlined below.
(b)
Approval for DSRPD permits shall only be for residential or
mixed use developments that are approved through the site plan approval
process.
(c)
The applicant shall provide evidence to the Planning Board that
there is no other means of providing the required off-street parking
either on-site or within 500 feet of the property.
(d)
Off-street parking requirements proposed to be satisfied with
DSRPD Permits shall only be for 20 or fewer residential dwelling units
of no more than two bedrooms, per property. For properties which already
contain residential dwelling units, the grand total of existing and
proposed units shall not exceed 20.
(e)
The number of off-street parking spaces required for properties
within the Downtown Special Residential Parking District - DSRPD shall
be the number required by NJAC 5:21 - Residential Site Improvement
Standards (RSIS), the number required by the particular Zoning District,
or the number accepted by the Planning Board through evidence presented
by the applicant, whichever is less. In accordance with RSIS (NJAC
5:21-4.12(c), factors affecting the minimum number of parking spaces
include household characteristics, availability of mass transit, urban
versus suburban location, and available off-site parking resources.
The Planning Board shall be guided by said factors and the evidence
presented by the applicant, but in no case shall the number of required
off-street parking spaces be less than one space per dwelling unit.
(f)
If the Planning Board requires more off-street parking than
an applicant's "letter of availability" indicates, approval shall
be withheld until additional escrow monies are deposited and an appropriate
"letter of availability" is secured. Any unused portion of the escrow
deposit shall be immediately returned to the applicant upon written
request.
[Added 3-9-2004 by Ord. No. 6-2004]
A.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
BOARD OF ADJUSTMENT
FAA
FCC
GOVERNING AUTHORITY
HEIGHT
MUNICIPAL LAND USE LAW
PLANNING BOARD
PREEXISTING TOWERS AND ANTENNAE
PUBLIC OFFICER
TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
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.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
The Mayor and Board of Aldermen of the Town of Dover of the
Town of Dover.
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 40:55D-1 et seq.
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.
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.
The Zoning Official of the Town of Dover.
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.
(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:
(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.
(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:
[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.
(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.
(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.
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.
[Added 5-25-2021 by Ord. No. 1-2021]
A.
Purpose. The purpose of this section is to provide a regulatory framework
for the construction and operation of plug-in electric vehicle charging
stations in the Town of Dover. Electric vehicles provide many benefits
for the public health, safety, and welfare, including reducing air
pollution, greenhouse gas emissions and stormwater runoff contaminants;
promoting savings in motor vehicle operating costs for vehicle owners;
and contributing overall to sustainability goals and objectives of
the Town and the state. New Jersey is becoming a primary market for
electric vehicles, and the accompanying demand for charging stations
is projected to grow with the increase of electric vehicle models
on the market. This section seeks to promote the provision of appropriate
infrastructure in the Town to support the transition to electric vehicle
use, while ensuring that such infrastructure does not pose detriments
to the existing neighborhoods or community character of the Town of
Dover.
B.
CHARGING LEVELS
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE CHARGING EQUIPMENT
ELECTRIC VEHICLE CHARGING STATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The standardized indicators of electrical force or voltage,
at which an electric vehicle's battery is recharged. The terms
Level 1, Level 2, and Level 3 are the most common charging levels,
and include the following specifications:
Level 1: slow charging; operates on an alternating current (AC)
circuit with voltage up to 120 volts.
Level 2: medium charging; operates on an alternating current
(AC) circuit with voltage commonly at 208 or 240 volts.
Level 3: fast or rapid charging; operates on a direct current
(DC) circuit with voltage of 480 volts or higher. Level 3 charging
is primarily utilized for commercial and public applications and is
typically characterized by industrial grade electrical outlets that
allow for faster recharging or electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates,
either partially or exclusively, on electrical energy from the grid
or other off-board source that is stored on-board via a battery or
similar energy storage device for propulsion. "Electric vehicle" includes:
1) a battery electric vehicle; and 2) a plug-in hybrid vehicle.
Any equipment or electrical component used for the purpose
of charging an electric vehicle, including but not limited to power
cabinets, transformers, switchboards, outlets, electric meters, circuit
breakers, network interfaces, point of sale equipment, and other associated
apparatus and utilities such as electric lines and cables, conductors,
connectors, couplers, enclosures, and attachment plugs. Electric vehicle
charging equipment shall not include equipment located within the
electric vehicles themselves.
A public or private parking space installed with electric
vehicle charging equipment that allows for the transfer of electric
energy (by conductive or inductive means) to a battery or other energy
storage device in an electric vehicle.
C.
Siting and design standards.
(1)
Permitted locations. Electric vehicle charging stations shall
be permitted as follows:
(a)
Level 1 and Level 2 charging stations shall be permitted in
all zoning districts when accessory to a permitted use.
(b)
Level 3 charging stations shall be permitted in all other zoning
districts when accessory to a permitted use other than single family
detached or two-family dwellings.
(c)
Notwithstanding the above regulations, public electric vehicle
charging stations can be constructed in any public parking lot maintained
and operated by the Town of Dover or other public entity.
(2)
Minimum charging stations required for multifamily residential
and nonresidential uses.
(a)
All new parking facilities and all expansions of existing parking
facilities resulting in an increase in parking capacity by more than
50% that are associated with multifamily residential or nonresidential
uses shall include electric vehicle charging stations in accordance
with the table below.
|
Required Minimum Number of Parking Spaces
|
Required Minimum Number of Electric Vehicle Charging Stations
|
|---|---|
|
0 to 25
|
0
|
|
26 to 50
|
1
|
|
51 to 100
|
2
|
|
Greater than 100
|
4% of total required number of parking spaces
|
(b)
For all parking lots with two or more electrical vehicle charging
stations a minimum of one ADA accessible electric vehicle charging
station shall be provided in any parking facility that is required
to have electric vehicle charging stations. For new developments with
parking areas where only one electric vehicle charging station is
required, infrastructure that would allow for the addition of one
future station should be required in order to address potential future
statutes requiring ADA accessible charging stations.
(c)
A fraction of a space shall be rounded up to the nearest whole
number for purposes of calculating the minimum required number of
parking spaces.
(d)
When electric vehicle charging stations are provided in accordance with this section, they shall count towards the calculation for the minimum number of off-street parking spaces required as established in the Code of the Town of Dover § 236-43 - Land Use and Development, Off-street parking and loading.
(3)
Design and installation standards. Where provided, electric
vehicle charging stations shall comply with the following standards:
(a)
The parking stall of an electric vehicle charging station shall
be not less than nine feet wide or 18 feet in length.
(b)
Charging station outlets and connector devices shall be no less
than 36 inches and no higher than 48 inches from the ground or pavement
and shall contain a retraction device and/or a place to hang permanent
cords and connectors at a sufficient and safe distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(c)
Equipment mounted on pedestals, lighting posts, or other devices
for on- street charging stations shall be designed and located as
to not impede pedestrian travel or create trip hazards.
(d)
Adequate charging station equipment protection such as wheel
stops and concrete-filled steel bollards shall be used. Nonmountable
curbing may be used in lieu of bollards, if the charging station is
set back a minimum of 24 inches from the face of the curb.
(e)
Lighting of electric vehicle charging stations shall be done in accordance with regulations for the appropriate zoning district pursuant to Chapter 236 - Land Use and Development.
(f)
If the owner wishes to incorporate advertising within the charger,
including electronic screens with sounds, or other features which
may exist, it shall require approval of the Planning Board of the
Town of Dover unless a site plan is not required, then only a zoning
permit shall be required.
(4)
Signs. Electric vehicle charging stations, except when accessory
to a single-family detached or two-family dwelling, shall have signage
subject to the following standards:
(a)
Number of signs: one sign shall be required and permitted for
each charging station.
(b)
Maximum sign dimensions: 17 inches by 22 inches.
(c)
Required and recommended notices: each sign shall clearly identify
the electric vehicle charging station as reserved for use by electric
vehicles for charging purposes. Additional information recommended
for inclusion on the signage are as follows:
(5)
Site plan review exemptions. Notwithstanding the above, the
following shall be exempt from site plan review:
(a)
Installation of electrical vehicle charging equipment at existing
parking facilities, if conversions of conventional parking spaces
to electric vehicle charging stations do not result in a deficiency
in the number of off-street parking spaces below the minimum number
required.
(b)
Installation of electric vehicle charging equipment and charging
stations that are accessory to a single-family detached dwelling,
two-family dwelling or existing multiple dwelling complexes.
(c)
A zoning permit shall be required for all vehicle charging stations
that do not require site plan approval.
(6)
Public electric vehicle charging stations. Public electric vehicle
charging stations are reserved for parking and charging electric vehicles
only. It shall be unlawful for any person to park or leave a standing
vehicle in a space designated for the charging of plug-in electric
vehicles unless the vehicle is connected for charging purposes and
actively charging. Electric vehicles may be parked in any space designated
for public parking, subject to the restrictions that would apply to
any other vehicle that would park in that space.
(7)
Restrictions. Except when accessory to a detached single-family
or two-family dwelling, all electric vehicle charging stations shall
be reserved for charging of electric vehicles only, meaning that an
electric vehicle is parked at the station and connected to the charging
equipment.
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]
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]
