City of Dover, NH Article I Purpose and Scope

§ 153-1 Title.

This chapter shall be known and may be cited as the "Site Review Regulations of the City of Dover."

§ 153-2 Legislative authority.

These regulations are adopted by the Dover Planning Board pursuant to the authority granted by New Hampshire RSA 674:43, as amended, and by Chapter 9, Boards, Commissions and Committees, § 9-8, Planning Board, of the Code of the City of Dover.

§ 153-3 Legislative intent.

The site plan review process recognizes that certain types of development and uses, even though generally suitable for a particular zoning district, may adversely affect the City's vested interests and the health, safety and general welfare of the public unless careful consideration is given to certain critical design elements. It is the intent of this chapter to provide a vehicle for review of the nature, size, and impacts of proposed developments and changes of use.

§ 153-4 Applicability.

[Amended 4-23-1991; 8-26-2008; 3-23-2010; 1-24-2012; 12-18-2012; 5-24-2016]

Prior to the issuance of a building permit by the Building Official, the owner or his/her authorized agent shall apply for and secure site review approval. This approval shall be in accordance with the rules and regulations contained herein for the following development types:

A. New development or redevelopment. Site review and Planning Board approval will be required for:

(1) Nonresidential uses;

(2) Multifamily dwellings of five or more units;

(3) Construction of impervious surfaces/parking areas larger than 4,000 continuous square feet. A single-family home or two- or three- to four-family dwelling unit shall not be regulated by this provision; and

[Amended 6-12-2018]

(4) Construction activities that result in a land disturbance of greater than or equal to one acre or less than one acre if part of a larger common plan of development that would disturb one acre or more.

B. Expansions and/or additions. Technical Review Committee review will be required for the following expansions and/or additions to existing development:

(1) Any increase of nonresidential development resulting in an expansion of gross floor area exceeding 2,500 square feet.

(2) Any addition to a residential structure resulting in the creation of five or more additional units.

(3) Any accessory structures with floor areas exceeding 1,500 square feet.

(4) Any expansion of an impervious surface/parking area larger than 1,000 square feet. A single-family home or two- or three- to four-family dwelling unit shall not be regulated by this provision.

[Amended 6-12-2018]

(5) Any construction activities that result in a contiguous land disturbance of greater than or equal to 20,000 square feet.

(6) Any construction activities that result in a contiguous land disturbance of greater than or equal to 1,000 square feet if the activity is located in or within 50 feet of a wetland or conservation district.

C. Change of use of existing structures. Site review will be required for a change in conforming use with a new use allowed in the zoning district in which the tract or structure is located. For the purposes of this subsection, the definition of a new use shall not include any uses which have previously existed on the site since the adoption of the Dover Zoning Ordinance (July 1948). The following criteria constitute a change in use:

(1) Development which causes a residential structure to be converted, resulting in an increase of five or more units.

(2) Proposals that would change the use of an existing structure containing 25,000 square feet or more of gross floor space. The proposed square footage shall be measured around the inside perimeter of the space to be changed, including all floors of a multifloor structure. In the event that an existing structure is being subdivided and the new use in only a section of the new space is known, the entire original space must be considered in the calculation.

D. Any proposal which, in the judgment of the Director of Planning and Community Development, has the potential for having a significant impact on the health, safety and welfare of the community shall be reviewed by the Technical Review Committee.

E. Notwithstanding the above criteria, the Technical Review Committee by majority vote may require any project that the Committee has determined has a significant projected impact on traffic, health, welfare, environmental quality, and safety issues to appear before the Planning Board for site review.

§ 153-5 Interpretation.

The standards contained in this chapter shall be interpreted as minimum requirements. Projects subject to new construction, or change of use of existing structures, must meet all requirements of the Code of the City of Dover as expressed in these regulations; Chapter 157, Land Subdivision Regulations; Chapter 170, Zoning; and Building and Life Safety Codes. Compliance with said minimum requirements shall in no instance obligate the Planning Board to approve any particular application solely on that basis. Only after the Planning Board is fully satisfied that a proposed application is in the best interests of the City will the application be approved.