[Adopted 2-12-2020 by Ord. No. 2020.01.08-001]
The ordinances of the City of Dover of a general and permanent nature adopted by the City Council of the City of Dover, as revised, codified and consolidated into chapters and sections in consultation with General Code, and consisting of Chapters 1 through 145 inclusive attached as Schedule A and the Fine Schedule attached as Schedule C hereto as it relates to aforesaid Chapters 1 through 145, each of which are made a part hereof, are hereby approved, adopted, ordained and enacted as the "Code of the City of Dover," hereinafter referred to as the "Code." For clarification, the regulations set forth in Chapters 153 and 157 of the new Code attached as Schedule A are not being hereby enacted, repealed, or amended by the City Council, but are included herein for purposes of codification as promulgated by the City of Dover Planning Board, which recently amended its Site Review and Subdivision Regulations on January 14, 2020, to bring those provisions into line with the new Code hereby adopted.[1]
[1]
Editor's Note: Schedules A and C are on file at the office of the City Clerk.
This ordinance and the Code shall supersede the City Code adopted November 13, 2013, and all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended effectively as a continuation of such ordinances, and the effectiveness of such provisions shall to the fullest extent allowed by law date from the date of adoption of the prior ordinances.
A copy of the Code has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance, and if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the City of Dover by impressing thereon the Seal of the City, as provided by law, and such certified copy shall remain on file in the office of the Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. Electronic representation of the Code shall be maintained on the City website.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the City Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Dover" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto.
The Clerk of the City of Dover, pursuant to law, shall cause to be published, in the manner required by law, notice of the adoption of this ordinance. A copy of the Code of the City of Dover shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the City Clerk to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office in accordance with Charter § C3-8. Copies for use by the public will be made available in accordance with Charter §§ C3-8D and C3-10. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk upon the payment of a fee to be set by the City Council in accordance with Charter § C3-10. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Dover to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine as provided in Chapter 1, Article II, of the Code.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
Except for the current Dover Code Chapter 149, Site Review Regulations, Chapter 155, Subdivision of Land, and Chapter 170, Zoning, including its related Sign Diagrams, Private Frontages, Zoning Map, Groundwater Map, and Zoning Tables, the City Code adopted November 13, 2013, as amended through the date of this ordinance, is hereby repealed and replaced with the Code adopted by this ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 1-21 of this ordinance shall not affect the following ordinances, provisions, regulations, rights and obligations, which are hereby expressly saved and exempted from repeal:
A. 
Any ordinance adopted subsequent to November 13, 2019.
B. 
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
D. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. 
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
G. 
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.
H. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
I. 
The levy or imposition of taxes, assessments or charges.
J. 
The annexation or dedication of property or approval of preliminary or final subdivision plats.
K. 
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
L. 
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
M. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
N. 
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
O. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
P. 
Any ordinance or portion of an ordinance establishing or amending sewer or water rates or charges.
Q. 
Current Dover Code Chapter 149, Site Review Regulations, as well as Chapter 155, Subdivision of Land, both of which are within the purview of the City's Planning Board and both of which have been amended by separate act of the Planning Board on January 14, 2020, to implement changes within the new Code (Schedule A) as Chapter 153, Site Review Regulations, and Chapter 157, Land Subdivision Regulations.
R. 
Current Dover Code Chapter 170, Zoning, including its related Sign Diagrams, Private Frontages, Zoning Map, Groundwater Map, and Zoning Tables.
A. 
In compiling and preparing the ordinances for publication as the Code of the City of Dover, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code.
B. 
For reference, the amendments and/or additions as set forth in Schedule B attached hereto and made a part hereof, shall become effective as part of the Code upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Schedule B is on file at the office of the City Clerk.
C. 
The Fine Schedule set forth as Schedule C attached hereto and made a part hereof as it relates to aforesaid Chapters 1 through 145 of the Code shall be effective upon the effective date of this ordinance.[2]
[2]
Editor's Note: Schedule C is on file at the office of the City Clerk.