This chapter shall be known and may be cited
as the "Zoning Law of the Town of Dover."
This chapter regulates the location, design,
construction, alteration, occupancy, and use of structures and the
use of land in the Town of Dover, dividing the town into land use
districts.
This chapter is enacted pursuant to the authority
and power granted by the Municipal Home Rule Law of the State of New
York, Article 2, § 10 et seq., and Chapter 62, Article 16,
of the Consolidated Laws,[1] in conformance with the Town of Dover Master Plan, adopted
by the Planning Board on September 21, 1993, to protect and promote
public health, safety, comfort, convenience, economy, natural, agricultural,
and cultural resources, aesthetics, and the general welfare, and for
the following additional specific purposes:
A.
To conserve the natural resources and rural character
of the town by encouraging development in appropriate locations and
by limiting building in areas where it would conflict with the town's
predominantly rural pattern and scale of settlement;
B.
To minimize negative environmental impacts of development,
especially in visually and environmentally sensitive areas such as
East and West Mountain, the Swamp River, along the Ten Mile River
and its tributaries, in aquifer and aquifer recharge areas, and on
steep slopes, erodible soils, wetlands and their buffers, floodplains,
active farmlands, and other designated open space resources;
C.
To encourage a range of business activities in appropriate
locations which are compatible with the town's rural character and
scale, concentrating retail businesses in and near hamlets, and allowing
large-scale business and industry in well-buffered locations with
good transportation access;
D.
In recognition of the economic value of Dover's natural
beauty and environmental amenities, to protect the integrity of scenic
views, ridgelines, agricultural land, existing and potential recreation
areas, waterways, ground and surface water supplies, ecological systems,
wetlands, wildlife habitat, and natural vegetation, and to maintain
environmentally significant open space in its predominantly undeveloped
state, in order to preserve the open and rural character of the town;
E.
To preserve and protect lands and buildings that are
historically significant and enhance the aesthetic and architectural
quality of the entire community;
F.
To encourage the continuation of agriculture and the
preservation of open space, and to avoid regulating agricultural uses
in a manner that unreasonably restricts or regulates farm structures
or farming practices;
G.
To encourage other economic activities that require
large areas of contiguous open space, such as forestry, tree farming,
and recreation, as well as the support services and industries that
add value to these uses, such as wood products and tourist facilities;
H.
To regulate building density in order to concentrate
population in appropriate locations where municipal infrastructure
is available, and to ensure access to light and air, conserve open
space, facilitate the prevention and fighting of fires, minimize the
cost of municipal services, and accomplish the other purposes enumerated
in § 263 of the Town Law of New York State;
I.
To integrate harmoniously different types of housing
and varied land uses in hamlet centers to encourage pedestrian activity
and reduce automobile traffic;
J.
To provide a range of housing opportunities for all
segments of the local population with due consideration for regional
housing needs;
K.
To protect residences from nonagricultural nuisances,
odors, noise, pollution, and unsightly, obtrusive, and offensive land
uses and activities;
L.
To improve transportation facilities in areas designated
for intensive settlement and to maintain a network of smaller country
roads in areas designated for low-density development and the protection
of open space, agriculture, steep slopes, and rural character;
M.
To reduce traffic congestion on major roads by establishing
a pattern of settlement and circulation that reduces the need for
driving, provides alternative routes between destinations, and encourages
walking, bicycling, and the use of commuter rail and other forms of
public transportation;
N.
To encourage the conservation of energy and the appropriate
use of solar and other renewable energy resources;
O.
To provide a flexible system of land use regulation
that enables the town's economy and population to grow, while preserving
the most important natural, historic, scenic, architectural, and cultural
features; and
P.
To base such flexible land use regulations on the
unique characteristics of the landscape, the needs of the people of
the Town of Dover, the rights of landowners to make economically beneficial
use of their land, and the impact of proposed land uses on the natural
and human environment, and to avoid patterns of development that adversely
affect the scenic, historic, rural, and natural character of the town.
[1]
Editor's Note: See the Town Law.
All provisions of this chapter shall be construed to fulfill the purposes stated in § 145-3 above.
The Town of Dover encourages development that
is compatible with the existing character of the town. To that end,
the Town Board has adopted Local Law Number 3 of 1997,[1] which provides for architectural design review by the
Architectural and Community Appearance Board of Review for all structures
subject to site plan review by the Planning Board and/or greater than
1,000 square feet in gross floor area. Single-family and two-family
residences and accessory structures are exempt from architectural
review unless such structures are referred for architectural review
by the Building Inspector pursuant to that local law. In addition,
the Town Board hereby adopts as advisory guidelines the illustrated
design guidelines published by the Dutchess County Department of Planning
in 1994, titled "Hamlet Design Guidelines and Rural Development Guidelines"
(hereinafter the "Guidelines"). Where this chapter specifically requires
that the Guidelines be followed, they shall be mandatory. The Guidelines
shall be adapted to the specific requirements of this chapter as the
reviewing board deems appropriate.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
for the promotion of the public health, safety, convenience, comfort
and general welfare. It is not intended by this chapter to interfere
with or abrogate or annul any easement, covenant, or other agreement
between parties; provided, however, that when this chapter imposes
a greater restriction on the use of structures or land or on the height
of structures, or requires larger open spaces, or imposes any higher
standards than are imposed or required by any other statute, law,
ordinance, rule, or regulation or by any easement, covenant, or agreement,
the provisions of this chapter shall control. Where the requirements
of this chapter differ from the requirements of another statute, law,
ordinance, rule, or regulation, the more restrictive shall govern.
[Added 7-26-2000 by L.L. No. 1-2000]
By Local Law Number 1 of the year 2000 the Town
of Dover has adopted the "Greenway Connections: Greenway Compact Program
and Guides for Dutchess County Communities," as amended from time
to time, as a statement of land use policies, principles and guides.[1] In its discretionary actions under this chapter, the reviewing
agency shall be guided by said statement of policies, principles and
guides.
