A customary home occupation is a permitted use in all residential districts. The following conditions apply:
A. 
"Home occupation" shall include not more than one of the following uses, provided that such uses are clearly incidental and secondary to residential purposes: dressmaker, artist, arts and crafts, writer, teacher, provided that not more than eight pupils simultaneously occupy the building, musician, antique dealer, hairdresser, home-based agricultural activities, lawyer, doctor, photographer, dentist, architect, engineer or practitioner of any other profession or similar occupation which may be unobtrusively pursued in a residential area.
B. 
No more than one nonresident shall be employed therein.
C. 
The use is carried on strictly by the occupant of the principal building.
D. 
No more than 25% of the existing net floor area of the principal and any accessory structure not to exceed 600 square feet is devoted to such use.
E. 
There shall be no display of goods or wares visible from the street.
F. 
There shall be no advertising on the premises other than a small, nonilluminated sign not to exceed two square feet in area and carrying only the occupant's name and his occupation.
G. 
The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood because of the exterior appearance, traffic emission of odor, gas, smoke, dust, noise, electrical disturbance, light emissions, or in any other way. In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure.
[Amended 10-13-2021 by Ord. No. 2021.09.08-006]
(1) 
No rallying of employees for off-site work shall be conducted.
(2) 
If the home is occupied by a tradesman, craftsman or contractor, there may be incidental storage. Said storage shall be screened from abutters and the right-of-way, with either a solid fence or vegetation, and must be fully enclosed. On-site storage of construction equipment or vehicles is not permitted.
H. 
Any such building shall include no feature of design not customary in buildings for residential use. The following uses, by nature of the investment or operation, have a potential to rapidly increase beyond the limits specified above for home occupations and impair the use, value and quiet enjoyment of adjacent residential properties. Therefore, uses such as retail, clinic, landscaping, freight, trucking or shipping, painting of vehicles, trailers and boats, restaurants, caterers or bakeries, taxi service, tool or equipment rental, veterinary hospital or kennel and others of a similar nature shall not be considered as home occupations.
I. 
A minimum of two off-street parking spaces shall be provided. All driveways to be used in connection with such occupations shall conform to Chapter 153, Site Review Regulations, or Chapter 157, Land Subdivision Regulations, as appropriate.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
J. 
Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises.
K. 
A certificate of use for the proposed home occupation is issued by the Zoning Administrator, verifying conformance with the preceding standards. Said certificate shall be renewed annually. Applications to renew the certificate of use shall be due by January 1 following the date of approval of the certificate of use and then by every January 1 thereafter for so long as the customary home occupation continues. Fees shall be levied as set forth in the City of Dover adopted Schedule of Fees, as amended annually, for customary home occupation certificates of use and renewals.
L. 
The use of a room in a dwelling or accessory building as a home office by a resident/occupant is a permitted use and does not require a certificate of use, provided that the use does not generate any traffic, such as deliveries or pickup of supplies or materials in excess of normal residential use or clients coming to the property.
[Added 8-9-2023 by Ord. No. 2023.07.12-008; amended 10-8-2025 by Ord. No. 2025.09.24-2]
A. 
Purpose and intent.
(1) 
Where a conditional use permit is being requested for relief by use or standards as allowed by this chapter, the following criteria in Subsection B shall be met.
(2) 
Notwithstanding any other language herein, the relief granted in Chapter 153, Site Review Regulations, § 153-17C, shall apply to any use as defined in § 170-11B of this chapter.
B. 
Conditional use criteria.
(1) 
Conditional use approval for relief from the standards herein may be granted by the Planning Board (RSA 674:21, II) after proper public notice and public hearing provided that the proposed project complies with the following standards:
(a) 
That both public and private buildings and landscaping shall contribute to the physical definition of rights-of-way as civic spaces.
(b) 
That development shall adequately accommodate automobiles, while respecting the pedestrian and the spatial form of public areas.
(c) 
That the design of streets and buildings shall reinforce safe environments, but not at the expense of accessibility.
(d) 
That architecture and landscape design shall grow from local climate, topography, history, and building practice.
(e) 
That buildings shall provide their inhabitants with a clear sense of geography and climate through energy-efficient methods via a mixture of elements including windows, floor plan, and public and private space.
(f) 
That encourage civic buildings and other public gathering places be provided as locations that reinforce community identity and activity.
(g) 
That civic buildings shall be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the City.
(h) 
That the preservation and renewal of historic buildings shall be facilitated.
(i) 
That the harmonious and orderly evolution of urban areas shall be advanced by the proposed building and/or use.
(j) 
That if the relief is granted, the surrounding neighborhood is not negatively impacted.
(2) 
Conditional use approval for relief from the use standards herein may be granted by the Planning Board (RSA 674:21, II) after proper public notice and public hearing provided that the proposed project complies with the following standards:
(a) 
The requested use shall be compatible with abutting uses and the surrounding neighborhood.
(b) 
The requested use will not create undue traffic congestion, or unduly impair pedestrian safety.
(c) 
The requested use will not result in objectionable noise or odor which would constitute a nuisance.
(3) 
Conditional use approval shall be subject to a formal agreement between the Planning Board and the applicant. Said agreement shall be recorded at the Strafford County Registry of Deeds.
[1]
Editor's Note: Original § 170-19, Flexible uses in I-1 District, of the 2013 Code was repealed 7-22-2020 by Ord. No. 2020.07.08-007.
A. 
Purpose and intent.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 7-22-2020 by Ord. No. 2020.07.08-007]
(1) 
The City of Dover Central Business District (CBD) follows the premise of context-sensitive zoning. This context-sensitive zoning is intended to foster a vital downtown both for itself and for its adjacent neighborhoods and major roadways leading into the downtown through a lively mix of uses, with shop fronts, sidewalk cafes, and other commercial uses at street level, overlooked by canopy shade trees, upper-story residences and offices.
(2) 
Redevelopment within the CBD shall be regulated by these context-sensitive zoning regulations, in order to achieve the City's vision set forth in the 2007 update to the Land Use Chapter of the Master Plan, adopted by the Planning Board on November 13, 2007.
(3) 
These context-sensitive zoning regulations were originally developed through a citizen-based discussion process regarding the design for the improvement of all properties in the CBD. To allow further refinement consistent with individual areas, the district has been divided into sub-districts, with special requirements for each sub-district to allow for context-sensitive development along roadways and neighborhoods alike. In 2012-2013, using a similar citizen-based process, these context-sensitive zoning regulations were extended to the major roadways that lead into downtown, identified as the "Gateway District."
(4) 
All of the areas within the CBD share a common goal of increased emphasis on the form and placement of structures and a decreased emphasis on the function(s) contained within them. As such, this section sets careful and clear controls on building form, with broader parameters on building use, so as to shape clear, attractive public spaces (good streets, neighborhoods and parks) with a healthy mix of uses. With proper urban form, a greater integration of building uses is natural and comfortable.
(5) 
Wherever there appears to be a conflict between the form-based code and other sections of this chapter (as applied to a particular development), the requirements specifically set forth in this section shall prevail. For development standards not covered herein, the other applicable sections in the City of Dover Code shall be used as the requirement.
B. 
Conditional use permit.
(1) 
See § 170-19 for conditional use permit criteria.
[Amended 8-9-2023 by Ord. No. 2023.07.12-008]
(2) 
Conditional use approval for relief from the use standards herein may be granted by the Planning Board (RSA 674:21, II) after proper public notice and public hearing, provided that the proposed project complies with the following standards:
(a) 
The requested use shall be compatible with abutting uses and the surrounding neighborhood.
(b) 
The requested use will not create undue traffic congestion or unduly impair pedestrian safety.
(c) 
The requested use will not result in objectionable noise or odor which would constitute a nuisance.
(3) 
Conditional use approval shall be subject to a formal agreement between the Planning Board and the applicant. Said agreement shall be recorded at the Strafford County Registry of Deeds.
C. 
Sub-districts. The regulating plan for the CBD shall locate the boundaries for the following sub-districts:
[Amended 7-22-2020 by Ord. No. 2020.07.08-007]
(1) 
General.
(2) 
Mixed-Use.
(3) 
Residential.
(4) 
Transit-Oriented Development (TOD).
D. 
Standards and regulations.
(1) 
The standards for use and dimensions to be utilized within the CBD are shown on the tables at the end of this chapter. Included in each table are the following areas:
(a) 
District purpose.
(b) 
Lot occupation regulations.
(c) 
Diagram of building height.
(d) 
Diagram of build-to lines.
(e) 
Special regulations.
(f) 
Permitted uses.
(2) 
Through the issuance of a conditional use permit, building height may be increased by one story, which shall be set back from the allowed height to create a terrace, for either:
[Amended 8-22-2018 by Ord. No. 2018.08.08-009]
(a) 
Each fully below-grade story of parking provided on the site; or
[Amended 9-14-2022 by Ord. No. 2022.08.10-010]
(b) 
Additional units resulting from the CUP are restricted so that the rent of said units conforms to the HUD Fair Market Rent rates, for Dover, published annually by the New Hampshire Housing Finance Authority.
(3) 
General guiding principles for building placement.
(a) 
The goal of the building height and build-to line standards is the creation of a healthy and vital public realm through good street space.
(b) 
Buildings are aligned and close to the street.
(c) 
The street is a coherent space, with consistent building forms on both sides of the street, creating a clear public space and community identity.
(d) 
Buildings oversee the street (and square) with active fronts contributing to a vital and safe public space.
(e) 
Property lines are physically defined by buildings or street walls.
(f) 
Buildings are designed for an urban feel and situation. Views are directed to the street and the garden/courtyard, not toward the neighbors. However, within the street, wall alcoves or small courtyards are permitted to allow for seating and public access.
(g) 
Vehicle storage, garbage and mechanical equipment are kept away from the street.
(h) 
Within the General, and Mixed-Use, Sub-districts, new nonresidential activities must make up at least 20% of the structure or be located on the ground floor.
[Amended 8-22-2018 by Ord. No. 2018.08.08-009; 10-13-2021 by Ord. No. 2021.09.08-006; 9-14-2022 by Ord. No. 2022.08.10-010]
[1] 
If retail and commercial activities are located on the ground floor of buildings not fronting directly onto a street or municipal parking lot, the height of the building may be increased by one story.
[a] 
Any additional stories shall be set back to create a terrace, and approved via a conditional use permit.
(i) 
In the TOD residential may be located on the ground floor; however, new retail and commercial activities are encouraged to be developed.
[Amended 7-22-2020 by Ord. No. 2020.07.08-007; 10-13-2021 by Ord. No. 2021.09.08-006]
(j) 
Parking (not including on-street parking) should be away from the streets and shared by multiple owners/users.
(k) 
Historic character should be preserved and enhanced by context-sensitive construction.
E. 
Streetscape.
(1) 
Sites within the CBD shall be developed so that buildings are placed at or near the right-of-way, along the outer edge of their sites and so as to ensure the unity of those rights-of-way. Furthermore, these standards establish an environment that encourages and facilitates pedestrian activity. The sub-district sheets, design guidelines, and Dover Streetscape Standards will serve as a reference document for many of the elements below.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012]
(2) 
General principles and intent.
(a) 
The streetscape.
[1] 
The street and building facade receives more attention than the rest of the building.
[2] 
Streetscape elements, such as pavers, benches and waste bins, must be consistent within a project and adjacent properties where these elements are present.
[3] 
Public art is encouraged.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012]
[a] 
Public art shall be reviewed and endorsed by the Dover Arts Commission.
[b] 
Public art is a part of our public history and heritage, part of our evolving culture, reflects and reveals our society and adds meaning to our cities. Public art should create a chronicle of our public experiences through a variety of genres and media.
(b) 
Fronts and rears.
[1] 
Building facades are the public "face" of every building. Owners are encouraged to place planters and window boxes with flowering plants and/or climbing vines along the area in front of their buildings.
[2] 
The private, rear portions of the lots allow commercial operators to utilize these spaces as efficient working environments unseen by the public and allow residents to have private and semi-private (for apartment and condominium buildings) open space.
(c) 
Off-street parking.
[1] 
Parking provided for a project shall be screened from the street. The design of the screen shall be subject to Planning Board approval and shall use materials that are compatible with the surrounding character of the neighborhood and contribute to an attractive streetscape.
[2] 
Parking shall be considered accessory and shall not be the principal use of a lot.
(3) 
Minimum standards. In addition to any regulations set forth in the CBD sub-district tables and the Dover Streetscape Standards, development shall follow the regulations outlined below. Subsection E(3)(a), (b), and (c) shall only apply to new construction and/or renovations that will result in a 50% or more increase in the value of the property, as determined by a licensed New Hampshire appraiser.
(a) 
Street trees/landscaping.
[1] 
Each street shall have canopy shade trees (street trees). Street trees shall be planted at an average spacing not greater than 25 to 30 feet on center (measured per block face). The planting area's minimum dimension shall be not less than five feet. At planting, trees shall be 2.5 to three inches in diameter (four feet above grade) and shall meet the American Nursery Standards for height. The tree species used shall be selected from the City of Dover's approved list of street trees.
[2] 
Unpaved ground area along the frontage shall be planted with appropriate ground cover or shrubs, no bare ground or mulch-only areas permitted. Low-impact development techniques such as rain gardens, bioretention areas, tree boxes and other green infrastructure techniques shall be incorporated into these landscaped areas and maintained to ensure a five-foot-wide walkway.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012]
(b) 
Sidewalks.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012]
[1] 
Sidewalks shall be made of brick or concrete and shall be a minimum of five feet wide but ideally eight feet wide.
[2] 
Existing surrounding sidewalk materials shall be reviewed in determining material used.
(c) 
Street furniture.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012]
[1] 
Benches. Benches will have backs and arm rests and be accessible. See sub-district tables for spacing requirements. Benches shall be oriented to encourage social interaction and be designed to enhance the site, not detract from it. Benches may be exchanged for street furniture (e.g., chess/checker tables) where space allows.
[2] 
Waste bins. At a minimum, one waste bin will be provided at each block corner.
[3] 
Bike racks. At a minimum, one bike rack shall be required per nonresidential project or residential projects with five or more units.
[4] 
Public art. Public art should be integrated into the design and placement of street furniture.
(d) 
Lighting.
[1] 
Materials and equipment chosen for lighting fixtures should be durable, energy-efficient, and weather well. Appropriate lighting is desirable for nighttime visibility, crime deterrence, and decoration. However, lighting that is too bright or intense creates glare, hinders night vision, and creates light pollution.
[2] 
At the front of the building, exterior lights shall be mounted between six feet and 14 feet above the adjacent grade.
[3] 
Floodlights or directional lights may be used to illuminate parking garages and working (maintenance) areas but must be shielded or aimed in such a way that they do not shine into other lots, or the street. Floodlighting shall not be used to illuminate building walls (i.e., no up-lighting), except in the TOD Sub-District.
[4] 
Site lighting shall be of a design and height so as to illuminate only the lot. General site lighting shall conform with New Hampshire Dark Sky Policy, as applicable by RSA 9-E:3.
[Amended 8-9-2023 by Ord. No. 2023.07.12-008]
[5] 
No flashing, traveling, animated, or intermittent lighting shall be visible from the street on the exterior of any building, whether such lighting is of temporary or long-term duration.
(e) 
Mechanical equipment.
[1] 
The following shall not be stored or located within any street and shall be screened from view from the street: air compressors, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, and the like may not be stored or located within any area considered a front yard under this Code.
[2] 
Roof-mounted equipment shall be screened from view from the street.
F. 
Architectural standards. The following standards, including those noted on sub-district sheets, may be utilized by the applicant.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012]
(1) 
General principles and intent.
(a) 
Tradition.
[1] 
These standards favor buildings that are traditional in design in a broad sense. They specify an architectural language of load-bearing walls and regional materials that help define building base and cornice. These standards encourage details, such as column and pier spacing, window proportions, entry level, roof or cornice configurations, storefronts, and overhangs.
[2] 
The intent behind these standards is to reinforce the existing character and historic nature of Dover's Central Business District. However, modern buildings that are sensitive to that character and their adjacent context may be permitted as well.
[3] 
All building materials to be used shall express their specific properties. For example, stronger and heavier materials (masonry) support lighter materials (wood).
(b) 
Energy efficiency and environmental conservation. Leadership in Energy and Environmental Design (LEED) standards, or an equivalent standard (or such others as may succeed them), are encouraged to be incorporated into the building design.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(c) 
Public space. Many of these standards apply only in conditions that enhance and define the public space. These controls concentrate on the public space/views from the public space and minimize interference in the private realm.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(2) 
Building walls (exterior).
(a) 
Building walls should reflect and complement the traditional materials and techniques of Dover's architecture. They should express the construction techniques and structural constraints of traditional, long-lasting building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and the articulation of details. All building materials to be used shall express their specific properties. For example, heavier, more permanent materials (masonry) support lighter materials (wood), yet architectural detail shall be present throughout the building face horizontally and/or vertically rather than just on the first 20 feet from the ground.
(b) 
Building materials shall be context-sensitive and shall reflect a consistency to be found within the sub-district. Brick, stone or masonry building materials are expected for exterior walls.
(3) 
Roofs and parapets.
(a) 
Roofs and parapets should demonstrate a common-sense recognition of the climate by utilizing appropriate pitch, drainage, and materials.
(b) 
Buildings without visible roof surfaces and overhanging eaves may have a cornice projecting horizontally between six inches and 12 inches beyond the building walls. For buildings three stories or taller, the cornice projection shall increase an additional six inches and 12 inches per story.
(c) 
Skylights and roof vents are permitted only on the roof plane opposite the primary street or when shielded from the street view by the building's parapet wall. If a glass roof form is a primary design feature of a building it shall be considered in regard to the architectural design guidelines as part of the building elevations rather than a skylight.
(d) 
Overly elaborate, postmodern and/or high-tech designs are discouraged, where in conflict with existing architecture. However, ornamentation which contributes to the character of the building is encouraged. Building designs need to reflect the adjacent massing. Ornamentation should be consistent with that used in the neighborhood of buildings to reinforce the fabric and richness of the community.
(e) 
Green roof technologies are encouraged in all districts. Use of this technology to cover 30% of the roof is required on commercial and mixed-use structures over 25,000 square feet in the CBD. Vegetative cover should be considered for flat-roofed structures. Roofs that contain gardens or plants must be maintained per the approved maintenance agreement.
(f) 
Solar panels are desirable City-wide.
[1] 
In the CBD all buildings must be solar ready.
[2] 
Commercial and mixed-use buildings that are 25,000 square feet or more must incorporate solar panels.
[3] 
Solar panels must be presented in an aesthetically pleasing pattern.
(4) 
Street walls. Street walls establish a clear edge to the street in locations where the buildings do not. The CBD requirements include masonry walls that define outdoor spaces and separate the street from the private realm (parking lots, trash cans, gardens, and equipment). All street wall facades shall be as carefully designed as the building facade, with the finished side out, i.e. the "better" side facing the street.
(5) 
Windows and doors.
(a) 
Windows should be divided by multiple vertical panes of glass. This helps the window hold the surface of the facade, rather than appearing like a hole in the wall (an effect produced by a large single horizontal sheet of glass).
(b) 
Principal building entrances shall be clearly visible from the primary front street and create a safe and inviting space.
G. 
Incentives for architectural standards.
(1) 
Any plan that demonstrates reasonable use of the optional architectural standards defined in Subsection F may apply for the following incentive:
(a) 
Fast-track review. The Director of Planning and Community Development shall give preference to projects in setting the Planning Board agendas and in other review processes.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(2) 
Reasonable use shall be considered demonstration of at least six of the criteria or items mentioned under Subsection F. These criteria/items will be listed on a waiver application form.
H. 
Administration.
(1) 
Deviations from the requirements herein may be requested by application to the Planning Board for a conditional use permit (see Subsection B). Administrative appeals from this section may be directed to the Zoning Board of Adjustment (as outlined in § 170-59). Projects submitted shall follow the process outlined with Chapter 153, Site Review Regulations. Any redevelopment of an existing structure within the Gateway District or Mixed-Use Sub-District does not require a conditional use permit if it results in three or fewer total residential units, or if it increases the gross floor area of nonresidential space by less than 2,500 square feet, and is exempt from the regulations of this section, except for setback, build-to, and use regulations. Density requirements for residential uses do not apply.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 7-22-2020 by Ord. No. 2020.07.08-007]
(2) 
Any redevelopment within the CBD is exempt from wetlands regulations as described and administered in this chapter.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 7-22-2020 by Ord. No. 2020.07.08-007]
A. 
Authority; purpose. This alternative energy systems ordinance is enacted in accordance with RSA 674:62 to 674:66 and the purposes outlined in RSA 672:1, III-a. The purpose of this section is to accommodate alternative energy systems in appropriate locations, while protecting the public's health, safety and welfare. In addition, this section provides a permitting process for alternative energy systems to ensure compliance with the provisions of the requirements and standards established herein.
B. 
Procedure for review.
(1) 
Building permit. Alternative energy systems and MET towers are an accessory use permitted in all zoning districts where structures of any sort are allowed. No alternative energy system shall be erected, constructed, or installed without first receiving a building permit from the Building Inspector. A building permit shall be required for any physical modification to an existing alternative energy system. MET towers that receive a building permit shall be permitted on a temporary basis not to exceed three years from the date the building permit was issued.
(2) 
Consumer use. For the purposes of this section, alternative energy systems are intended to be incidental and subordinate to a use on the same parcel and shall supply electrical power principally for on-site consumption.
(a) 
To the extent net metering is allowed, excess power may be contributed to the grid. Should the excess power contributed exceed 125% of the power required on site for one year, the use shall be considered no longer incidental and subordinate, and shall require technical review.
(3) 
Application. Applications submitted to the Building Inspector shall contain a site plan with the following information where appropriate:
(a) 
Property lines and physical dimensions of the applicant's property.
(b) 
Location, dimensions, and types of existing major structures on the property.
(c) 
Location of the proposed alternative energy system, foundations, guy anchors and associated equipment.
(d) 
Tower foundation blueprints or drawings.
(e) 
Tower blueprints or drawings.
(f) 
Setback requirements as outlined in this section.
(g) 
The right-of-way of any public road that is contiguous with the property.
(h) 
Any overhead utility lines.
(i) 
Small wind energy system.
[1] 
Specifications, including manufacturer, model, rotor diameter, tower height, tower type, and nameplate generation capacity.
[2] 
Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.
[3] 
Sound-level analysis prepared by the wind generator manufacturer or qualified engineer.
[4] 
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the New Hampshire State Building Code.
[5] 
Evidence of compliance or nonapplicability with Federal Aviation Administration requirements.
(j) 
Solar panel systems.
[1] 
Specifications, including manufacturer, model, type, and nameplate generation capacity.
[2] 
Solar panels that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.
[3] 
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the New Hampshire State Building Code, as well as applicable Electric Code.
(k) 
List of abutters to the applicant's property.
(4) 
Abutter and regional notification. In accordance with RSA 674:66, the Building Inspector shall notify all abutters and the local governing body by verified mail upon application for a building permit to construct an alternative energy system. The public will be afforded 30 days to submit comments to the Building Inspector prior to the issuance of the building permit. The Building Inspector shall review the application for regional impacts per RSA 36:55. If the proposal is determined to have potential regional impacts, the Building Inspector shall follow the procedures set forth in RSA 36:57, IV.
C. 
Small wind energy system standards.
(1) 
The Building Inspector shall evaluate the application for compliance with the following standards:
(a) 
Setback. The setback shall be calculated by multiplying the minimum setback requirement number by the system height and measured from the center of the tower base to property line, public roads, or nearest point on the foundation of an occupied building.
Minimum Setback Requirements
Occupied Buildings on Participating Landowner Property
Occupied Buildings on Abutting Property
Property Lines of Abutting Property and Utility Lines
Public Roads
0
1.5
1.1
1.5
[1] 
Small wind energy systems must meet all setbacks for principal structures for the zoning district in which the system is located.
[2] 
Guy wires used to support the tower are exempt from the small wind energy system setback requirements.
(b) 
Tower. The maximum tower height shall be restricted to 35 feet above the tree canopy within 300 feet of the small wind energy system. In no situation shall the tower height exceed 150 feet.
(c) 
Sound level. The small wind energy system shall not exceed 60 decibels using the A scale (dBA), as measured at the site property line, except during short-term events such as severe wind storms and utility outages.
(d) 
Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.
(e) 
Signs. All signs, including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.
(f) 
Code compliance. The small wind energy system shall comply with all applicable sections of the New Hampshire State Building Code.
(g) 
Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations, including but not limited to 14 CFR Part 77, Subpart B, regarding installations close to airports, and the New Hampshire Aviation Regulations, including but not limited to RSA 422-B and 424.
(h) 
Visual impacts. It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access wind resources. The purpose of this section is to reduce the visual impacts without restricting the owner's access to the optimal wind resources on the property.
[1] 
The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include but not be limited to information regarding site selection, wind generator design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.
[2] 
The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a nonreflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white or gray.
[3] 
A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.
(i) 
Approved wind generators. The manufacturer and model of the wind generator to be used in the proposed small wind energy system must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the State of New Hampshire, if available.
(j) 
Utility connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to RSA 362-A:9.
(k) 
Access. The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(l) 
Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.
D. 
Solar panel standards.
(1) 
Lot coverage. Solar systems do not constitute an increase to lot coverage unless the panel(s)/collector(s) and supporting structures constitute a building.
(2) 
Placement of solar systems.
[Amended 8-9-2023 by Ord. No. 2023.07.12-008]
(a) 
The height of a roof-mounted solar array shall not be counted towards the maximum permitted height of the structure it is is affixed to of the underlying zoning district and, if on a pitched roof, matches the same pitch as the roof and is no more than 10 inches above the roof. If the proposed rooftop solar array consists of mounted tracking panels, a conditional use permit is required.
(b) 
Ground-mounted solar panels shall not be located in the front yard and shall meet or exceed required side and rear yard setbacks for accessory buildings.
(c) 
Ground-mounted units shall not exceed 20 feet or the height of the principal building whichever is shorter. However, with a conditional use permit, solar trackers may be permitted up to the maximum building height allowed in the underlying zoning district plus five feet provided they are located to the rear of the principal building and not clearly visible from the public right-of-way or 75 feet from any property line if the lot is surrounded by rights-of-way creating a hardship.
(d) 
When solar storage batteries are included as part of the solar energy system, they must be housed in a secure space or enclosure meeting the requirements of the City's building and electrical codes when in use and, when no longer used, shall be disposed of in accordance with all applicable City, state and federal laws and regulations.
(e) 
The use of reflectors to enhance solar production is prohibited.
E. 
Abandonment.
(1) 
At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the Building Inspector by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.
(2) 
Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Building Inspector. "Physically remove" shall include, but not be limited to:
(a) 
Removal of the wind generator and tower and related above-grade structures.
(b) 
Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.
(3) 
In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of inoperability, the Building Inspector may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. After review of the information provided by the owner, the Building Inspector shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Building Inspector shall withdraw the notice of abandonment and notify the owner of the withdrawal.
(4) 
If the owner fails to respond to the notice of abandonment or if, after review by the Building Inspector, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner's sole expense within three months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the Building Inspector may pursue legal action to have the small wind energy system removed at the owner's expense.
F. 
Violation. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section. Small wind energy systems installed prior to the adoption of this section are exempt from this section except when modifications are proposed to the small wind energy system.
G. 
Penalties. Any person who fails to comply with any provision of this section or a building permit issued pursuant to this section shall be subject to enforcement and penalties as allowed by RSA 676:17.
H. 
Conditional use permits.
[Added 8-9-2023 by Ord. No. 2023.07.12-008]
(1) 
A conditional use permit may be granted by the Planning Board to waive the height limitation only if the intent of this chapter is preserved (e.g., when it can be shown that there would be no increase in adverse impact) and a written narrative is provided demonstrating that the height would:
(a) 
Not be detrimental to the public safety, health or welfare or injurious to other property, and will promote public interest.
(b) 
Demonstrate a projected and quantified solar energy production benefit for allowing the extra height.
(c) 
Any impacts on abutters are mitigated.
(d) 
Not be within 75 feet of the arterial or connector road.
(e) 
Not be clearly visible from the public right-of-way.
(f) 
Not cause glare on abutting structures or roadways.
(g) 
Have all power and communication lines between the solar infrastructure and the point of interconnection be buried underground or otherwise screened from view.
A. 
Authority. By the authority granted under RSA 674:16 and 674:21 and procedurally under the guidance of 675:1, II, this section creates an ordinance establishing a telecommunications program and amending this chapter to add regulations pertaining to wireless communications facilities.
B. 
Purpose and intent. This section is enacted in order to establish general guidelines for the siting of telecommunication towers and antennas and to enhance and fulfill the following goals:
(1) 
Preserve the authority of the City to regulate and to provide for reasonable opportunities for the siting of telecommunications facilities while ensuring that telecommunications providers' service remains effective and efficient.
(2) 
Reduce or eliminate adverse impacts such facilities may create. Adverse impacts may include, but are not limited to, impacts on aesthetics, impacts on environmentally sensitive areas, impacts to historically significant locations, impacts on flight corridors, reduction in property values, and health and safety concerns.
(3) 
Provide for co-location and minimal impact siting options through an assessment of technology, current locational options, future location availability, innovative siting techniques, and siting possibilities beyond the geographic boundaries of the City.
(4) 
Permit the construction of new towers only where all other reasonable alternatives have been exhausted, and encourage the owners and users of towers and antennas to configure them in a manner that minimizes visual impacts of said structures.
(5) 
Require antenna co-location on existing tower structures through cooperation and agreements between providers.
(6) 
Provide for documentation of scheduling of recurring maintenance and safety inspections for all telecommunications facilities and appurtenances.
(7) 
Provide for the demolition and removal of abandoned facilities. Provide a procedure for the City to remove abandoned towers to provide for the health and safety of citizens.
(8) 
Provide for the removal or upgrade of technologically outmoded facilities.
C. 
Location. Telecommunications facilities shall be allowed in accordance with the following:
(1) 
On parcels situated in the City of Dover known as:
General Location
Map-Lot Number
Finch Lane
K-35A
Middle Road
M-57
Blackwater Road
A-29
A-1
Parsons Lane
A-36
Venture Drive
D-7
D-5A
Glen Hill Road
C-2012
C-7
C-8
C-20
C-19
C-22
Tolend Road
C-27
French Cross Road
F-14
(2) 
In other areas within the City of Dover only as a co-location on existing towers, antennas, and alternative tower structures.
D. 
Telecommunications facilities procedural requirements.
(1) 
Location or replacement of telecommunications facilities on existing towers, antennas or alternative tower structures.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(a) 
The location or replacement of telecommunications facilities on existing towers, antennas or alternative tower structures may be approved by the Planning and Community Development Department provided the following information is submitted in an application:
[1] 
A scaled plan detailing the exact size and location of the telecommunication device, including a scaled elevation view.
[2] 
Submission of proof that the telecommunication device is needed to service City of Dover residents.
[3] 
Proof that the device meets all other technical requirements of this section.
(b) 
Any application denied by the Planning and Community Development Department may be appealed to the Planning Board.
(2) 
Proposed construction of new telecommunications facilities. An application for construction of any new telecommunications facilities shall be approved by the Planning Board. Public hearing requirements as outlined in the Site Review Regulations shall apply. The following application requirements shall be provided:
(a) 
A scaled plan in accordance with Site Review Regulations shall be submitted, including the following additional information: a scaled elevation view, topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent land uses (up to 200 feet away), and any other information deemed necessary by the Director of Planning and Community Development.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(b) 
Written proof that the proposed use/facility complies with FCC regulations on radio frequency (RFD) exposure guidelines, and FAA regulations on tower lighting requirements, shall be submitted.
(c) 
The applicant shall submit written proof that an evaluation has taken place, as well as the results of such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA)[1] further referenced in applicable FCC rules. If an environmental assessment (EA) or an environmental impact statement (IS) is required under the FCC rules and NEPA, submission of the EA or IS to the Planning Board prior to the beginning of the federal thirty-day comment period, and the City's site review process, shall become part of the application requirements.
[1]
Editor's Note: See 42 U.S.C. § 4321 et seq.
(d) 
Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of its existing towers that are within the jurisdiction of the City and those within two miles of the border thereof, including specific information about the location, height, and design of each tower, as well as economic and technological feasibility for co-location on the inventoried towers. The Planning Board may share such information with other applicants applying for approvals or special exception permits under this section or other organizations seeking to locate antennas within the jurisdiction of the governing authority; provided, however, that the Planning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. The applicant shall submit written evidence demonstrating that no existing structure can accommodate the applicant's proposed antenna. This evidence shall consist of one or more of the following:
[1] 
Adequate evidence that no existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements, provided that a description of the geographic area required is also submitted.
[2] 
Adequate evidence that existing towers are not of sufficient height to meet the applicant's engineering requirements, and why.
[3] 
Adequate evidence that the existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4] 
Adequate evidence that the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5] 
Adequate evidence that fees, costs, or contractual provisions required by the owner in order to share the existing tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6] 
Adequate evidence that the applicant can demonstrate other limiting factors that render existing towers and structures unsuitable.
(e) 
The applicant proposing to build a new tower shall submit an agreement with the City that allows for the maximum allowance of co-location upon the new structure. Such statement shall become a condition to any approval. This statement shall, at a minimum, require the applicant to supply available co-location for reasonable fees and costs to other telecommunication providers. All agreements shall outline a procedure requiring all disputes on terms and conditions of co-location be submitted to a recognized commercial arbitration board for its review. The arbitration board's decision shall become final and binding. Failure to provide such an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and well-planned development of the City and grounds for a denial.
(f) 
The applicant shall submit the engineering information detailing the size and coverage required for the facility location. The Planning Board may have this information reviewed by a consultant for verification of any claims made by the applicant regarding technological limitations and feasibility for alternative locations. Cost for this review shall be borne by the applicant in accordance with RSA 676:4, I(g).
(g) 
Each applicant for a tower, monopole, or alternative structure shall submit a design certified by a competent engineer that the structure has been engineered to accommodate the maximum number and type of all compatible telecommunication media antennas, but in no event shall the applicant provide fewer than three additional co-locations from three additional providers. This provision may be modified based on visual or aesthetic impacts.
E. 
Performance standards. The uses listed in this section are deemed to be permitted uses and, at the discretion of the Planning Board, may require further review under this chapter in accordance with Chapter 153, Site Review Regulations, and all other applicable ordinances and regulations of the City of Dover.
(1) 
Principal or secondary use.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(a) 
Subject to this section, an applicant who obtains site review approval to site under this section as a secondary and permitted use may construct telecommunications facilities in addition to the existing principal use. Antennas and towers may be considered either principal or secondary uses. A different existing use or an existing structure shall not preclude the installation of an antenna or tower on such lot.
(b) 
For purposes of determining whether siting of an antenna or tower complies with zoning district development regulations, including but not limited to area, setback, lot coverage, frontage, and other dimensional requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed the expansion of a nonconforming use or structure. Further, said facilities shall not be considered an accessory use.
(2) 
Height requirements.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(a) 
New tower construction: 180 feet maximum.
(b) 
Co-location on existing tower and antennas: current height plus 15% (not to exceed 200 feet).
(c) 
Co-location on alternative tower structures: current height plus 12 feet.
(d) 
The height requirements and limitations outlined above shall preempt all other height regulations as required by this chapter and shall apply only to telecommunications facilities. A conditional use permit may be granted by the Planning Board to waive the height limitations only if the intent of this chapter is preserved (e.g., when it can be shown that there would be no increase in adverse impact) and the increased height would provide a greater opportunity for co-location, provided that:
[1] 
The granting of the permit will not be detrimental to the public safety, health or welfare or injurious to other property and will promote the public interest.
[2] 
A written narrative is provided, identifying a particular hardship or special circumstance that warrants granting the permit. Factors to be considered, but not limited to, in determining a hardship or special circumstance shall include:
[a] 
Topography and other site features.
[b] 
Availability of alternative site locations.
[c] 
Property location as relates to required coverage area.
[d] 
Size/magnitude of project and availability of co-location.
[3] 
Necessary federal approvals and/or recommendations have been received.
(3) 
Setbacks and separation. The following setbacks and separation requirements shall apply only to telecommunications facilities and shall supersede all other such standards found elsewhere in this chapter or other applicable City ordinances and regulations:
(a) 
Towers shall be set back a distance equal to 100% of the height of the tower from any boundary line or other principal use structure located on the property the tower is sited upon. This provision may be waived by the Planning Board, provided the intent of this chapter remains intact.
(b) 
Tower guys and all other accessory facilities shall conform to the minimum setback requirement of the zoning district in which said facilities and appurtenances are located.
(4) 
Security fencing. Towers shall be enclosed by appropriate security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device.
(5) 
Landscaping.
(a) 
Towers shall be landscaped with a buffer of suitable vegetation that effectively screens the view of the tower compound from abutting residential property. The minimum standard buffer shall consist of a landscaped strip 10 feet wide outside the perimeter of the tower compound. Existing (natural) vegetation is preferred.
(b) 
The requirement for landscaped screening may be reduced or waived entirely by the Planning Board in locations where the visual impact of the tower compound to abutting residential uses is deemed to be minimal.
(c) 
Existing mature tree growth and natural land forms present on the site shall be preserved to the maximum extent possible. Natural growth on the site may be deemed a sufficient buffer on large, remote, wooded lots.
(6) 
Aesthetics and lighting. The guidelines in this subsection shall govern the location of all towers and the installation of all antennas. However, the Planning Board may waive those requirements, via conditional use permit, only if it determines that the goals of this chapter are served thereby.
(a) 
Towers shall either maintain a galvanized steel finish, subject to any applicable standards of the FAA, or be painted a neutral color, so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities with the natural setting and previously developed environment. These buildings and facilities shall also be subject to all other requirements of Chapter 153, Site Review Regulations.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of 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 governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(e) 
Towers shall not contain any permanent or temporary signs, writing, symbols, or any graphic representation of any kind.
(7) 
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 antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal, in accordance with Subsection I, of the tower or antenna, as abandoned, at the owner's expense through the execution of the posted security.
(8) 
Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City 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 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, such action shall constitute an abandonment and grounds for the removal, in accordance with Subsection I, of the tower or antenna, as abandoned, at the owner's expense through execution of the posted security.
(9) 
Certification of safety standards and continued need. The owner of a tower or antenna shall provide an annual certification to the Planning and Community Development Department verifying compliance with building codes and safety standards. The certification shall also verify that the structure is still needed for the operation of the owner's network. Said certification shall be submitted to the Planning and Community Development Department prior to December 31 of each year. Any owner who has failed to submit an annual certification shall be notified of the violation. A thirty-day extension for submission of a certification may be approved at the discretion of the Planning and Community Development Department. After notification of a violation by the Planning and Community Development Department, subsequent failure to submit an annual certification shall constitute abandonment and be grounds for removal in accordance with Subsection I.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
F. 
Exemptions.
(1) 
City use. Antennas or towers owned, performing City functions, or otherwise controlled by the City shall be exempt from the requirements of this section. This exemption shall only be available if a license or lease authorizing such antenna or tower has been approved by the City Council, and the City Council elects, subject to the New Hampshire Revised Statutes Annotated, to seek said exemption.
(2) 
Amateur radio. This section shall not govern any tower or the installation of any antenna that is owned and operated by a federally licensed amateur radio station operator and the tower or antenna is used for the exclusive purpose of amateur radio operations. This application adopts the provisions and limitations as referenced in RSA 674:16, IV.
(3) 
Citizens band radios. This section shall not govern the installation of any antenna that is used for the exclusive purpose of facilitating the use of a citizens band radio, except any towers in this subsection shall be limited to 70 feet in height.
(4) 
Receive-only antennas. This section shall not govern any tower or the installation of any antenna that is used exclusively for receive-only antennas, except any towers in this subsection shall be limited to 70 feet in height.
(5) 
Essential services and public utilities. Henceforth, from the date of adoption of this section, telecommunications facilities shall not be considered as infrastructure, essential services, or public utilities, as defined or used elsewhere in the City's ordinances and regulations. Siting for telecommunications facilities shall be considered a use of land and is addressed by this section.
G. 
Restrictions for siting on Garrison Hill. Notwithstanding the provisions outlined in Subsection C, the siting of additional towers or monopoles or use of alternative structures shall be prohibited on Garrison Hill in the City of Dover. Placement of new antenna media on the existing towers on Garrison Hill shall be allowed only after obtaining a conditional use permit from the Planning Board. However, the replacement and/or repair of existing antenna media on towers on Garrison Hill is allowed by the Building Inspector, provided that there is no increase in the size or visual impact of the antennas. Performance standards to ensure that vistas, view sheds and view corridors are protected shall include the following elements:
(1) 
The applicant has demonstrated that the appearance, form or shape, color, and size of any antenna media to be attached to preexisting towers or monopole structures is concealed or camouflaged or otherwise is harmonious with the immediately surrounding environment at Garrison Hill.
(2) 
Any equipment shelters supporting such additional antenna shall be designed consistent with one of the following design standards:
(a) 
Equipment shelter shall be located in underground vaults;
(b) 
Equipment shelter shall be designed consistent with northern New England architectural styles and materials, with a roof pitch of at least 10 1/2 and wood clapboard, red brick or shingle siding; or
(c) 
Equipment shelters shall be camouflaged behind an effective, year-round, landscaped buffer equal to the height of the proposed building, and/or wooden fence. The Planning Board shall determine the style of fencing and/or landscaped buffer that is compatible with the neighborhood.
(3) 
Any antenna located on an existing structure shall be concealed, to the extent technologically and commercially practicable, behind existing architectural features to limit the visibility of the antenna from public ways.
H. 
Bonding and security and insurance.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(1) 
Recognizing the extremely hazardous situation presented by abandoned and unmonitored towers, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned towers in the event that the tower is abandoned and the tower owner is incapable and unwilling to remove the tower in accordance with Subsection I below.
(2) 
Bonding and surety shall be consistent with the provisions in Chapter 157, Land Subdivision Regulations. Furthermore, the Planning Board shall require the submission of proof of adequate insurance covering accident or damage.
I. 
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months, or is no longer needed for the operation of the network, shall be considered abandoned and hazardous to the public health and safety. The owner shall remove the abandoned structure within 90 days of receipt of a declaration of abandonment from the Zoning Administrator, notifying the owner of such abandonment. A declaration of abandonment shall only be issued following a public hearing notice per City regulations, with notice to abutters and the last known owner/operator of the tower. If the abandoned tower is not removed within 90 days, the City may execute the security and have the tower removed. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower.
[Amended 6-22-2016 by Ord. No. 2016.06.08-010; 8-22-2018 by Ord. No. 2018.08.08-009; 7-22-2020 by Ord. No. 2020.07.08-006; 10-8-2025 by Ord. No. 2025.09.24-2]
A. 
Purpose. This section is enacted pursuant to RSA 674:16 and 674:21 and in order to:
(1) 
Assist in the implementation of the Master Plan and Capital Improvements Program.
(2) 
Provide adequate public capital facilities necessitated by new development.
(3) 
Assess an equitable share of the cost of public capital facilities to new development.
B. 
Applicability. This section shall only apply to site plan approvals which were made prior to September 24, 2024. Projects that had verbiage about possible impact fee policy in their condition of approval, projects that received approval or reapproval in calendar year 2024, or projects submitted since September 24, 2024 are not required to meet this section. However, if impact fees have been paid for any project prior to the September 24, 2024 date, they are not to be voided or reimbursed unless the proposed development has been reduced or voided.
C. 
Authority.
(1) 
Impact fees may be assessed to new development to compensate the City of Dover and the School District for the proportional share of capital facilities generated by new development in the City of Dover. Any person who seeks approval for new development may be required to pay an impact fee in the manner set forth herein.
(2) 
The Planning Board may, as a condition of approval of any subdivision, site plan, or change of use, and when consistent with applicable Board regulations, require an applicant to pay an exaction for off-site improvements necessitated by the development.
(3) 
Nothing in this section shall be construed to limit the existing authority of the Planning Board to disapprove proposed development which is scattered or premature, or which would require an excessive expenditure of public funds, or which would otherwise violate applicable ordinances and regulations. Nothing in this section shall be construed to limit the Planning Board's authority to require off-site work to be performed by the applicant, in lieu of paying an exaction for off-site improvements, or the Board's authority to impose other types of conditions of approval. Nothing in this section shall be construed to affect types of fees governed by other statutes, ordinances or regulations.
D. 
Assessment methodology.
(1) 
Proportionality. The amount of the impact fee shall be calculated by the Planning Board to be a proportional share of municipal capital improvement costs which is reasonably related to the capital needs created by the development, and to the benefits accruing to the development from the capital improvements financed by the fee. The Planning Board may prepare, adopt, or amend studies or reports that are consistent with the above standards and which define a methodology for impact fee assessment for public capital facilities and impact fee assessment schedules therefor.
(2) 
Existing deficiencies. Upgrading of existing facilities and structures, the need for which is not created by new development, shall not be paid for by impact fees.
(3) 
In the case of new development created by conversion or modification of an existing use, the impact fee shall be based upon the net positive increase in the impact fee assessed for the new use as compared to the highest impact fee that was or would have been assessed for the previous use in existence on or after the effective date of this chapter.
E. 
Administration.
(1) 
Accounting. In accord with RSA 673:16, II, and 674:21, V(c), impact fees shall be accounted for separately, shall be segregated from the City's general fund, may be spent upon order of the City Council, and shall be used solely for the capital improvements for which they were collected, or to recoup the cost of capital improvements made in anticipation of the needs which the fee was collected to meet. In the event that bonds or similar debt instruments have been or will be issued by the City of Dover or the Dover School District for the funding of capital improvements that are the subject of impact fee assessment, impact fees from the appropriate related capital facility impact fee accounts may be applied to pay debt service on such bonds or similar debt instruments.
(2) 
Assessment and collection.
(a) 
Where subdivision or site plan approval is required for new development, impact fees shall be assessed at the time of Planning Board approval of a subdivision plat or site plan. The amount of such assessment shall be applicable to subsequent building construction within the approved subdivision or site plan for a period of five years from the date of Planning Board approval. Once this five-year period has expired, remaining construction for which no building permit has been obtained shall be subject to the adopted fee schedule in force at the time the building permit application is made.
(b) 
With the exception of those plats and site plans meeting the conditions in Subsection D(2)(a) above, and when no other Planning Board approval is required or has been made prior to the adoption or amendment of this section, impact fees shall be assessed upon the issuance of a building permit. In such cases, the impact fee schedule in force at the time of the building permit application shall apply.
(c) 
Impact fees will be collected prior to or at the time of issuance of a certificate of occupancy, unless the Planning Board establishes an alternate, mutually acceptable schedule of payment of impact fees imposed on an assessed property. If an alternate schedule of payment is established, the Planning Board may require security, in the form of a cash bond, letter of credit, or performance bond, so as to guarantee future payment of impact fees. In no case will an impact fee payment be allowed to be made after the issuance of a certificate of occupancy.
(3) 
Security. In the interim between assessment and collection, the Building Inspector may require developers to post bonds, issue letters of credit, accept liens, or otherwise provide suitable measures of security so as to guarantee future payment of assessed impact fees.
(4) 
Refund of fees paid. The current owner of record of property for which an impact fee has been paid shall be entitled to a refund of that fee, plus accrued interest, under the following circumstances:
(a) 
When either the full or partial portion of the impact fee, whichever is applicable, has not been encumbered or legally bound to be spent for the purpose for which it was collected within a period of six years from the date of the full and final payment of the fee; or
(b) 
When the City of Dover or, in the case of school impact fees, the Dover School District, has failed, within the period of six years from the date of the full and final payment of such fee, to appropriate its proportionate non-impact-fee share of related capital improvement costs.
F. 
Appeals.
(1) 
A party aggrieved by a decision made by the Building Inspector regarding the assessment or collection of impact fees authorized by this section may appeal such decision to the Planning Board.
(2) 
In accord with RSA 676:5, III, appeals of the decision of the Planning Board in administering this section may be made to Superior Court, as provided in RSA 676:5, III, and 677:15.
G. 
Waivers. The Planning Board may grant full or partial waivers of impact fees where the Planning Board finds that one or more of the following criteria are met with respect to the particular public capital facilities for which impact fees are normally assessed:
(1) 
The Planning Board may agree to waive all or part of an impact fee assessment and accept in lieu of a cash payment a proposed contribution of real property or facility improvements of equivalent value and utility to the public. Prior to acting on a request for a waiver of impact fees under this provision that would involve a contribution of real property or the construction of capital facilities, the Planning Board shall submit a copy of the waiver request to the City Council for its review and consent prior to its acceptance of the proposed contribution. The value of contributions or improvements shall be credited only toward facilities of like kind and may not be credited to other categories of impact fee assessment. The applicant shall pay all costs incurred by the City for the review of such proposal, including consultant and counsel fees.
[Amended 6-22-2016 by Ord. No. 2016.06.08-010; 7-22-2020 by Ord. No. 2020.07.08-006; 10-13-2021 by Ord. No. 2021.09.08-006; 10-8-2025 by Ord. No. 2025.09.24-2]
Where permitted, an accessory dwelling unit shall comply with the following:
A. 
A maximum of one accessory dwelling unit (ADU) per property is permitted. In residential districts other than the R-40, more than one ADU may be allowed provided the second unit meets HUD Fair Market Rent rates, for Dover, published annually by the New Hampshire Housing Finance Authority. An ADU shall not be permitted on property where more than one dwelling unit currently exists.
B. 
Exterior alterations, enlargements, or extensions of the single-family dwelling or detached accessory structure are permitted in order to accommodate the accessory dwelling unit. However, no such change is permitted which would alter the appearance of the single-family dwelling to look like a duplex or any other multifamily structure (i.e., the house should not look like it was designed to occupy more than one family). The construction of any accessways into the house and/or detached structure which are required for access to the accessory dwelling unit shall be located to the side or rear of the building whenever possible.
C. 
An ADU shall have an area of no less than 300 square feet and no greater than 950 square feet. If located in a detached accessory structure, the accessory dwelling unit may be located on either floor of the structure.
D. 
A minimum of one dedicated off-street parking space shall be provided for the ADU.
E. 
The single-family dwelling (and detached accessory structure, when applicable) and lot shall not be converted to a condominium or any other form of legal ownership distinct from the ownership of the single-family dwelling. In order to ensure compliance with this requirement, the property owners at the time the ADU is established shall be required to execute a restrictive covenant running in favor of the City, which shall be recorded in the Strafford County Registry of Deeds, and a copy of which shall be provided to the Planning and Community Development Department and the City Assessor prior to the issuance of a certificate of occupancy.
F. 
The property owner must occupy one of the two dwelling units. Electric, water and sewer utilities shall be metered on a single bill.
G. 
Where municipal sewer service is not provided, the septic system shall meet New Hampshire Department of Environmental Services, Water Division, requirements for the combined system demand for total occupancy of the premises.
H. 
A certificate of use issued by the Zoning Administrator is required to verify conformance with the preceding standards. Said certificate shall be renewed annually. Applications to renew the certificate of use shall be due by January 1 following the date of approval of the certificate of use and then by every January 1 thereafter for so long as the accessory dwelling unit continues. Fees shall be levied as set forth in the City of Dover Fee Schedule, as amended annually, for accessory dwelling unit certificates of use and renewals.