Article III Land Use District Regulations

§ 145-10 Allowable uses.

Purpose. The use regulations in this article are intended to allow flexibility of land use to encourage business development that is consistent with the character and scale of Dover's hamlets, neighborhoods, and rural areas. In reviewing applications for special permits and site plan approval, the Planning Board shall impose any conditions that may be necessary to ensure that a proposed use will be compatible with its surroundings. The Planning Board shall deny any proposed use which does not satisfy the criteria in this chapter.

Use restrictions and Use Table. No structure or land shall be used except as provided in the Use Table below. See § 145-74 for definitions of the use categories. In the event that a particular proposed use does not fit into one of the categories shown on the Use Table and is not prohibited by § 145-10C, it may be allowed by special permit issued by the Town Board.

Use Table Town of Dover [Amended 11-23-2009 by L.L. No. 2-2009]
Key:
P	Designates a use permitted by right. Usually requires a zoning permit or a building permit and a certificate of occupancy from the Code Enforcement Officer, but does not require review by any municipal board.
P*	Designates a use permitted by right, subject to site plan review by the Planning Board (see §§ 145-64 through 145-67).
S	Designates a use permitted by special permit issued by the Planning Board (see §§ 145-59 through 145-63).
ST	Designates a use permitted by special permit issued by the Town Board.
—	Designates a prohibited use.

		Use District								Section
Use Category		RU	RC	HM	HR	SR	HC	CO	M	Reference
Residential Uses
	Single-family dwelling	P	P	P	P	P	S	S	—
	Two-family dwelling	S	S	P	P	S	S	S	—	§ 145-12A
	Multifamily dwelling (conversion)	S	S	P*	S	—	S	S	—	§ 145-12B
	Multifamily dwelling (new)	S¹	S¹	P*	S	—³	—	S	—	§ 145-12B
	Accessory apartment	S	S	S	S	S	S	S	—	§ 145-12C
	Mobile home	—	—	—	—	—	—	—	—	§ 145-44
	Upper-floor apartment in mixed-use building	—	—	P*	P*	—	S	S	—
	Residential care facility	S	S	S	—	—	—	—	—	§ 145-52
Business Uses²
	Adult entertainment	—	—	—	—	—	—	—	ST	§ 145-48
	Agriculture	P	P	P	P	P	P	P	P	§ 145-49
	Camp, Type 1	S	S	—	—	—	—	—	—	§ 145-45
	Camp, Type 2	S	S	—	—	—	—	—	—	§ 145-45
	Commercial logging	P*	P*	—	—	—	—	P	P
	Communication tower	ST	ST	—	—	—	—	ST	ST	§ 145-46
	Country inn/conference center	S	S	—	—	—	—	—	—	—
	Craft workshop	S	S	P*	S	—	P	P*	P*
	Home occupation	P⁵	P⁵	P⁵	P⁵	P⁵	P⁵	P⁵	—	§ 145-41
	Bed-and-breakfast	S	P*	P	P*	—	P*	S	—
	Junkyard	—	—	—	—	—	—	—	ST	§ 145-51
	Kennel	S	S	—	—	—	S	S	S
	Light industry	—	—	S	—	—	S	S	S	§ 145-50
	Hotel/motel	—	—	S	—	—	P*	S	—
	Office	—	—	P*	S	—	S	P*	S
	Public utility facility (excluding communication towers)	S	S	S	S	S	S	S	S
	Recreational business	S	S	S	S	—	S	S	—
	Restaurant	—	—	P*	S	—	S	S	—
	Retail business (not listed elsewhere)	S⁴	—	P*	S	—	S	S⁶	—
	Service business (not listed elsewhere)	—	—	P*	S	—	S	S	S
	Soil mining	ST⁷	ST⁷	—	—	—	—	ST⁷	ST	§ 145-42
	Solid waste management facility	—	—	—	—	—	—	—	—	§ 145-50
	Veterinary hospital	S	S	S	—	—	S	S	S
	Warehouse	—	—	—	—	—	S	P*	S
	Wholesale business	—	—	—	—	—	S	P*	S
	Boarding stable/riding academy	P*	P*	—	—	—	—	—	—
Community Uses
	Cemetery	S	S	S	S	S	—	—	—
	Educational/ charitable/ religious	S	S	S	S	S	S	S	—
	Health care facility	S	S	P*	—	—	S	S	—
	Membership club	S	S	S	S	—	S	S	—
	Municipal	P	P	P	P	P	P	P	P

NOTES:
¹	Only permitted in a flexible subdivision (see § 145-18B).
²	Subject to limitations on building footprint in the Dimensional Table.
³	Allowed by special permit in flexible subdivisions in the MC Overlay District only.
⁴	Only in connection with agricultural use.
⁵	Requires a special permit if more than two nonresident employees or 30% of dwelling unit floor space.
⁶	Retail use shall not exceed 20% of floor area and shall include only sale of items produced on the premises and customary accessories to such items.
⁷	Only within the Soil Mining Overlay District.

Prohibited uses. Any use, whether or not listed in the Use Table, is prohibited if it does not satisfy the standards and criteria in §§ 145-40 and 145-63. The following uses are prohibited under all circumstances (existing uses may be continued pursuant to the nonconforming use provisions of Article VI): heavy industry, asphalt plants, new mobile home courts, facilities for the disposal of hazardous or radioactive material, and, except as provided in § 145-50, solid waste management facilities as defined in Article XII, including but not limited to the use of solid waste or material that has previously been part of the solid waste stream (whether or not it has a beneficial use designation from the Department of Environmental Conservation) as fill. Any such specifically prohibited use which when commenced was not listed as a permitted or special permit use in the Town of Dover Zoning Law (and was therefore commenced in violation of the Zoning Law) shall not be protected as a nonconforming use by the provisions of Article VI.

Accessory uses. Uses customarily incidental and subordinate to principal uses shown on the Use Table shall be allowed on the same terms as the principal uses, whether or not on the same lot, unless otherwise indicated on the Use Table. Noncommercial recreational use shall be permitted as an accessory use in all districts.

Mixed use. The Town of Dover encourages the mixing of uses where such mixing does not create land use conflicts. Accordingly, all special permit and/or site plan reviews for the same project shall be consolidated into one proceeding before the Planning Board (unless the Town Board has jurisdiction over a special permit).

Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category, shall not be considered a change of use, unless the change would result in the enlargement or addition of a sign or an increase of more than 10% in vehicle trip generation as indicated in current trip generation rates published by the Institute of Transportation Engineers.

(1)

Uses by right. Any change of use of land or existing structures to a use permitted by right (without site plan review) shall not require approval from the Planning Board or the Code Enforcement Officer. This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Code Enforcement Officer under Chapter 47 of the Dover Town Code.

(2)

Uses by right subject to site plan review. Any change of the use of an existing structure to a use permitted by right subject to site plan review shall require site plan review only if it involves the construction or enlargement of a structure, the clearing, excavation, or grading of more than 1,000 square feet of land, the addition of four or more parking spaces, or the enlargement or addition of signs.

(3)

Uses by special permit.

(a)

A special permit shall be required for any change of use from a use that does not require a special permit to a use that does require a special permit.

(b)

Once a special permit has been granted, it shall apply to the approved use, as well as to any subsequent use of the property in the same use category, provided that it has no greater impact on adjoining properties, complies with all terms and conditions of the special permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking, or other changed use of outdoor areas. Any change to another use allowed by special permit shall require the granting of a new special permit or a special permit amendment.

Rebuilding, replacement and expansion of structures. The rebuilding or replacement on the same footprint of any structure for a use which requires site plan review and/or a special permit shall require site plan review, even if it is a continuation of the same use.

Special site design and operational considerations in the CO District. The purpose of the CO District is to allow larger-scale nonresidential uses that contribute to the town's tax base and provide jobs for local residents, while protecting the town's treasured scenic and rural qualities using open space buffers. Impervious surfaces are limited to 40% of the total project area, requiring 60% to be maintained as open or undeveloped green space. This green space shall be arranged in a manner that adequately buffers buildings and parking areas from public roads and neighboring properties, while protecting wetlands, watercourses, and scenic views.

§ 145-11 Density and dimensional regulations.

Purpose. The regulations in this section are intended to encourage the preservation of Dover's open space, while providing opportunities for needed housing and business uses. This is accomplished by clustering development in nodes surrounded by open space and, where practical, in the traditional compact pattern found in the town's hamlets. This chapter contains flexible regulations for density and lot dimensions and encourages the use of open space development (including flexible subdivision) as an alternative to conventional subdivision to preserve significant amounts of open space. See Article V for standards for open space development.

Dimensional Table. The following table is hereby adopted and will be referred to as the "Dimensional Table."

Dimensional Table Town of Dover
		District
		RU	RC	HM	HR	SR	HC	CO	M
Minimum lot size (conventional)¹		2 ac.	5 ac.	⁴	⁴	1 ac.	1 ac.	1 ac.	5 ac.
Minimum lot size (flexible)²		See § 145-19C
Maximum density (flexible)²		1 ac/du³	2 ac/du	—	—	1 ac/du	—	—	—
Minimum road frontage⁵
	Private road	100	100	50	50	100	—	100	100
	Town road	250	250	80	70	200	200	200	200
	County/state road	300	400	100	100	200	300	200	200
	Flexible subdivision	See § 145-19C
Minimum front yard setback
	Private/town road⁶	40	40	25	25	50	25	50	100
	County/state road⁶	60	60	30	40	75	35	150	200
Minimum side yard setback		30	30	10¹¹	15¹¹	30	30¹¹	30¹¹	50
Minimum rear yard setback		50	50	25	25	50	50⁷	50⁷	75⁷
Setback in flexible subdivision		See § 145-19D
Maximum impermeable surface coverage⁸		10%	10%	50%	30%	20%	60%	40%	30%
Maximum height⁹		35	35	45	40	35	45	35	35
Maximum footprint (in square feet) for nonresidential structures¹⁰		6,000	4,000	10,000¹²	1,000	n/a	40,000	200,000	—

ALL DIMENSIONS IN FEET UNLESS OTHERWISE INDICATED.

NOTES:
¹	For conventional subdivision as defined in § 145-18A.
²	For flexible subdivision as defined in § 145-18B.
³	The abbreviation "ac/du" stands for "acres per dwelling unit." See Article V.
⁴	Varies based upon availability of infrastructure; see § 145-11D.
⁵	Lots in conservation density subdivisions and rear lots may have shorter frontages. See §§ 145-21 and 145-22.
⁶	Measured from center line of road. Front yard setbacks may be adjusted to prevailing setbacks in the immediate neighborhood on all roads; a maximum setback or "build-to line" may be established to maintain the "street wall" in the HM and HR Districts.
⁷	One-hundred-foot setback with wooded buffer required if lot abuts a residential district.
⁸	See definition in § 145-73; applies to each lot and to an entire subdivision, including new roads and other public areas (see Article V); in flexible subdivisions applies to entire subdivision only. This requirement may be waived by the Planning Board for lots in the HM District and shall not apply to preexisting nonconforming lots.
⁹	Above average grade. For height exceptions, see § 145-30D.
¹⁰	Excluding agricultural structures and all structures legally completed or granted a building permit, special permit, site plan approval or variance prior to the adoption of this chapter. The purpose of this requirement is to maintain the historic scale and character of development in Dover. The intent of this provision shall not be evaded through the placement of multiple large buildings in rows or otherwise in a pattern that is inconsistent with the scale and character of the town.
¹¹	May be zero for party-wall or zero-lot-line buildings.
¹²	May be enlarged up to 50,000 square feet for a supermarket or other use deemed essential to the economic viability of the hamlet.

Minimum floor area. The minimum floor area of a dwelling unit shall be 800 square feet, and the minimum for an accessory apartment shall be 500 square feet.

Minimum lot sizes in the HM and HR Districts. Minimum lot sizes in the HM and HR Districts shall be as shown below, provided that such lots comply with all applicable public health requirements and that all common water and sewage disposal facilities are managed by entities which the Planning Board deems adequate to protect public health on a long-term basis. Minimum lot sizes for such lots shall be:

(1)

With common or municipal water supply but no common or municipal sewage disposal services: one acre.

(2)

With common or municipal sewage disposal services only: 1/2 acre.

(3)

With common or municipal water supply and sewage disposal: 8,000 square feet; 6,000 square feet if 20% of the parcel is maintained as common or public open space such as a green, park, or streamside trail.

(4)

Without common or municipal water supply or sewage disposal services: one acre.

§ 145-12 Multiple and accessory dwellings.

Two-family dwellings.

(1)

In the HM and HR Districts, two-family dwellings shall be permitted by right on all conforming lots (with County Health Department approval).

(2)

In all other districts, lots containing two-family dwellings shall be at least twice the minimum lot size in the district, except as provided in Subsection A(3) below.

(3)

On lots created as part of a flexible subdivision, two-family dwellings may be approved as part of the approval process for the flexible subdivision, consistent with the overall density requirements for the flexible subdivision in Article V.

Multifamily and senior citizen dwellings.

(1)

Buildings in existence as of September 1, 1998, may be converted to multifamily use if permitted in the Use Table. Maximum density shall be established by the Planning Board based upon applicable review criteria and the characteristics of the existing building. Conversions to mixed residential and compatible nonresidential uses are encouraged.

(2)

For congregate senior citizen housing and residential care facilities, each bedroom shall be treated as 1/2 of a dwelling unit.

(3)

The maximum density for new multifamily dwellings in the HR and HM Districts shall be four units per acre with common or municipal water or sewer, eight units per acre with both common or municipal water and sewer, or two units per acre with no common or municipal water or sewer. These densities may be increased by 50% for age-restricted senior citizen housing. In the HM and HR Districts, multifamily dwellings shall face an existing or new street, with parking behind the buildings or off site.

(4)

The maximum density for multifamily dwellings in the CO District shall be determined in each case by the Planning Board based upon all relevant special permit and site plan review criteria. New residential development shall not exceed 20% of the total floor space in any development project in the CO District.

(5)

Apartments located above nonresidential uses shall be allowed at the same density as multifamily dwelling units, except that for each lot one apartment not exceeding 1,000 square feet may be located above a nonresidential use by right as an accessory apartment pursuant to Subsection C below.

Accessory apartments and accessory residential structures. One accessory apartment per single-family dwelling may be located in an accessory structure or a principal building as provided in the Use Table. The lot containing the accessory apartment must contain the minimum acreage required by the Dimensional Table, unless it is located in an approved flexible subdivision. The accessory apartment shall not be counted as a residential unit for purposes of determining density. No special permit shall be granted for an accessory apartment without approval or certification from the Dutchess County Department of Health of the adequacy of the septic system.

Multiple residences on a lot. A lot may contain more than one principal residential structure and accessory apartment, provided that the lot has sufficient acreage to comply with applicable density requirements. Such a lot may not be later subdivided unless the subdivided lots conform to the dimensional regulations in effect when the subdivision is proposed.