The Planning Board invites the public to attend a public hearing to provide feedback on the proposed zoning amendments posted at its June 23, 2009 meeting. The public hearing is scheduled as part of the Tuesday, July 28, 2009 Planning Board meeting, which begins at 7 p.m. The meeting will take place in the City Council Chambers at City Hall.

The proposed amendments were presented to the Planning Board at their work session on June 9th and posted on June 23rd. The July 28th public hearing is a chance for the public to give its input on the proposals.

The amendments are the result of a comprehensive effort by the Planning Board to review the land use regulations for the community. Two sub-committees comprised of Planning Board members and interested volunteers developed these amendments. Additionally, a consultant was hired to develop a rezoning specific to downtown Dover. Goals of the amendments include the protection of Dover’s character and a move towards context sensitive development. The amendments will promote development that will have a positive tax impact, protect natural resources, and better manage growth.

In addition to the public hearing, the City is sending a notice to all property owners which will summarize each of the zoning ordinance amendments. According to Christopher Parker, Director of Planning and Community Development, property owners should expect the notice in the mail after Monday, July 12, 2009. “We have tried to summarize the amendments in a succinct and clear way. The goal is to clearly explain the amendments.”

The complete text of the proposed amendments are available on the city's website at www.dover.nh.gov, listed under the "Current Reports” section on the home page. Additionally, a copy is available for inspection under the Planning Department’s page. Hard copies are available at the Public Library and the City Clerk's Office and Planning Department at City Hall.

“The amendments represent over 18 months worth of work by Planning Board members, volunteers and City Staff.” Parker described. Parker explains that these changes have their genesis in the development of the 2007 update the Land Use chapter of the City’s Master Plan. Many of the changes are proposed within that document. Additionally, there are amendments Parker considers “housekeeping” that ensure that as reorganizations have occurred, the code reflects those changes. “By moving the Inspection Services out of the Planning Department, we need to make sure there is a clear separation between Zoning and Inspections.” Parker is referring to a change made in 2008 that separated the Inspection Services functions from Planning and Zoning functions.

These changes are aimed at creating an environment where new development reflects the values and context of the existing structures. According to Parker, “We don’t want to curb growth so much as the community wants to ensure that it reflects what people appreciate about Dover.”

The changes fall into four categories, “Environmental”, “Dimensional”, “Form Based” and the aforementioned “Housekeeping.”
The “Environmental” proposals reflect changes to the State of New Hampshire regulations regarding the Comprehensive Shoreland Protection Act, as well as tweaks to the Conservation District and Wetlands District. These tweaks are designed to insure clarity and understanding by end users. One such change is an update to the Conditional Use Permit process, to give the Conservation Commission some guidance for reviewing a request. This will assist the Planning Board as it reviews and ultimately deliberates a requested Conditional Use Permit.

The “Dimensional” changes adjust setbacks and other dimensional requirements based upon a review of the build out scenario developed through the Land Use chapter. The changes also suggest potential shifts in land use to accommodate the community’s vision for growth. According to Parker, the setback adjustments are just that, and are not wholesale changes that will greatly impact properties. The proposal reduces some residential front setbacks and increases rear setbacks to encourage larger, usable rear yards.

As for area rezoning, one amendment is to adjust the zoning district in the area surrounding Exit 7 of the Spaulding Turnpike. This change will place the properties along Central Avenue in one zone rather than the four that exist. A further area rezoning suggested is the combination of multi-family residential districts to create less confusion between the 5 existing zones. In reviewing the land use tables, it became clear that the City could combine 5 zones into 2 zones, and still offer variety and diversity in housing stock and neighborhood continuity.
Finally, the dimensional proposals include a proposal for flexible reuses of the I-1 - restricted industrial - zones. These are older factory spaces that exist in the inner city, that are ready for re-development and might benefit from diverse uses allowed in exchange for more context sensitive aesthetics and setbacks.
The third major category is known as the development of a “Form Based Code”. This code will replace the zoning district in downtown Dover. Jeff Taylor and Associates was hired by the City to develop this amendment for combining four districts in the urban core into one. The Form Based Code looks to place stronger focus on form and less on function. The central business core would encourage multiple story buildings with durable materials and parking hidden behind the building, placing focus on the first floor on non-residential uses.

Taylor worked over the past year to interview stakeholders, and held two charettes to understand what the community character of Dover is. This process has been very comprehensive and has provided opportunity to preserve the past and enhance it as we move to the future.

The final area of changes is those deemed “Housekeeping” in nature. These include the changes to reflect organizational shifts, as well as formatting changes. One such formatting change is to place all definitions in one section of the Code, and to identify a defined word by placing it in all CAPITAL letters when it appears in the text. Moreover, staff was inspired by the tables generated by the consultant for the Form Based Code, and has revamped the table of dimensional regulations and the tables of uses to be more user friendly and navigable. “These new tables are a great evolution. Now, a property owner has one double sided sheet to refer to for most common zoning questions,” explained Parker.
After the July 28th public hearing, the Planning Board will vote on the amendments. Should they approve the changes; the amendments will be forwarded to the City Council for ratification. The City Council must also hold a public hearing before voting on the amendments. Parker expects the full process to be completed in late summer or early fall.

For more information, please contact the Department of Planning and Community Development at 516-6008.