1. Purpose.
A. In areas where agricultural activity remains strong, Agricultural Districts are established to protect and stabilize agriculture as an ongoing economic activity by generally permitting only those land uses and activities which are either agricultural in nature or act in direct support of agricultural activity. The purpose of this district shall be consistent with the conservation and agricultural land use classification descriptions associated with the Rural Resource Areas (Natural and Rural Landscapes) contained in the Future Land Use Plan of the Dover Borough/Dover Township Joint Comprehensive Plan Growth Management Plan, 2007.
B. The regulations for this district are designed to:
(1) Protect and stabilize the essential characteristics of these areas.
(2) Minimize conflicting land uses detrimental to agricultural enterprises.
(3) Limit development which requires highways and other public facilities excess of those required by agricultural uses.
(4) Maintain agricultural parcels or farms in sizes which will permit efficient agricultural operations.
(5) Maintain the rural and scenic character of the agricultural community.
(6) Meet the objectives of the Dover Township Comprehensive Plan.
C. Consequently, non-agricultural uses are limited and any future inhabitants in this district must be willing to accept the impact associated with normal agricultural practices.
2. Permitted Uses.
A. Agriculture operation, including one farm parcel dwelling unit.
B. Single-family detached dwellings (see § 27-402.5).
C. Greenhouse/nursery (see § 27-629).
D. Municipal buildings, facilities or uses.
E. Shared residence.
F. Accessory uses customarily incidental to the above permitted uses (see § 27-502).
G. Accessory family dwelling unit (see § 27-603).
H. Group home (§ 27-630).
I. Landscaping business/contractor.
J. No impact home based business (§ 27-645).
K. Personal communication transmitting and receiving facility.
L. Public and nonprofit parks.
M. Riding academy or boarding stable (see § 27-655).
N. Roadside stand (§ 27-656).
O. Winery.
P. Household pet breeding commercial (see § 27-635).
Q. Non-tower WCF that do not substantially change the dimensions of the structure to which they are attached (see § 27-1201).
3. Accessory Uses to Principle Permitted Uses.
A. Owner-operated automotive repair business (see § 27-663a).
4. Special Exceptions. All uses permitted as special exceptions in the Agricultural District shall be located either in buildings existing on the effective date of this Part or on lands unsuitable for agricultural use as defined in § 27-402.6 of this Part.
A. Agribusiness (see § 27-606).
B. Animal hospital (see § 27-607).
C. Bed and breakfast inns (see § 27-609).
D. Campground/recreational vehicle park (see § 27-611).
E. Cemetery (see § 27-614).
F. Clubs profit/nonprofit (see § 27-615).
G. [Reserved].
H. Care Facilities. (see § 27-612).
I. Home occupations (see § 27-632).
J. House of worship (see § 27-636).
K. Kennels (see § 27-640).
L. Outdoor trap, skeet, rifle, pistol or archery range (see § 27-647).
M. Public conservation areas and structures for the conservation of open space, water, soil and wildlife resources.
N. Public/semi-public facilities and uses (See § 27-649).
O. Rooming house (see § 27-657).
P. Energy related uses.
Q. Farm/farmer's market (see § 27-625).
R. Intensive Agricultural Uses (CAFO, CAO, intensive agricultural operations) (see § 27-638).
S. Special Event Venue (§ 27-660a).
T. Non-tower WCF that substantially change the dimensions of the structure to which they are attached (§ 27-1201).
V. Principal Solar Energy System ("PSES") (see § 27-665a).
5. Bulk and Area Regulations.
A. Minimum lot area:
(1) Farm parcels: 25 acres.
(2) Single-family detached dwellings, permitted uses and special exception uses: 65,340 sq. ft. (one and one-half acres) unless otherwise stated in specific standards in Part 6 hereof.
B. Maximum lot area shall apply to single-family detached dwellings, non-residential uses and special exception uses as follows:
(1) Single-family detached dwellings: two acres.
(2) Special exception uses: five acres unless otherwise stipulated in specific standards in Part 6 hereof.
C. Minimum lot frontage and width: 100 feet.
D. Minimum lot depth: 200 feet.
E. Minimum setback:
(1) Front setback: 35 feet.
(2) Side setback: 30 feet.
(3) Rear setback: 30 feet.
(4) Special setback requirements: No area for slaughtering, storing or processing manure, or composting shall be allowed within 300 feet of a residential or village district, or residential property line.
(5) Minimum setback requirements for Agricultural accessory uses when abutting a non-agricultural property shall increase 20 feet for the front, the side and the rear setback.
F. Maximum height:
(1) Agriculture structure, wind turbine and OTARD: 150 feet provided the structure is setback a distance at least equal to its height, from all property lines.
(2) Other structures, and single-family detached dwellings: not to exceed45 feet.
G. Maximum lot coverage:
(1) Farm parcel: 10%.
(2) Single-family detached dwellings: 35%.
(3) Special exception uses, unless otherwise specified: 20%.
6. Use Limitations for Single-family Detached Dwellings. Single-family detached dwellings shall be permitted in the Agricultural District subject to the following limitations.
A. Permitted number of dwellings: Upon each parcel as it existed on May 23, 1988 (date of enactment of Dover Township's first agricultural preservation zoning ordinance), there shall be permitted the subdivision of lots for the purpose of constructing single-family detached dwelling units subject to the requirements of this Section. If development activity between May 23, 1988, and the effective date of this Chapter have added more dwelling units than allowed herein, no additional residential subdivisions shall be allowed from the area of the original tract.
(1) For each 25 acres of contiguous ownership, there may be one lot sold or utilized for a single-family detached dwelling subject to the requirements of this Section.
(2) For each tract of contiguous land and in single ownership that is 1.5 acres or more, but less than 25 acres, there may be only one lot subdivided provided that both the lot to be subdivided and the residual lot meet all applicable requirements of this Part.
(3) The provisions of subsections 1. and 2. of this Section shall apply to all parcels of land legally existing on May 23, 1988. Regardless of size, no lot subsequently subdivided from its parcel shall qualify for additional single-family, detached dwellings pursuant to this Section. Similarly, any subsequent owner of any parcel of land legally existing on May 23, 1988, shall be bound by the actions of previous owners in that such current ownership may subdivide for purposes of additional single family dwellings only that number of lots, if any remaining from the original number permitted by this Section.
B. Each such additional dwelling shall be located upon a separate and approved lot whether intended for transfer of title or not.
C. A farm tenant dwelling unit shall be allowed as an accessory use to the principal agriculture/farm operation; therefore, shall not require a subdivision or land development plan under the definition of land development and shall be exempt from all other regulations of § 27-402.5. The farm tenant dwelling unit shall meet the following requirements.
(1) The unit shall be required to meet all applicable local, State and Federal requirements for the siting of on-lot wastewater and water facilities.
(2) The tenant dwelling unit shall be located contiguous to existing buildings of the agriculture/farm operation and where possible utilize shared driveways. Furthermore, the tenant dwelling shall not be located in a remote area of the farm parcel which would cause the need to cross prime farmland to provide new access to the dwelling unit.
(3) If the tenant dwelling is abandoned as an accessory use, the property owner is no longer exempt from meeting the requirements of this Chapter regarding single-family detached dwellings and shall either meet these regulations or remove the dwelling unit.
D. Soil and land characteristics. The applicant shall have the burden of proof that the land to be utilized for the location of the single-family dwelling meets the criteria set forth in this subsection. Any land owner disagreeing with the classifications set forth in the Soil Survey of York County, Pennsylvania, may submit an engineering analysis of the affected soils and seek reclassification to the Conservation District, Soil Conservation Service and the Township. Lots for the single family dwellings shall consist of one of the following:
(1) No more than 20% of a lot shall consist of soils listed in TABLE 5 - Prime Farmlands contained in the United States Department of Agriculture Natural Resource and Conservation Services (NRCS) York County soil survey, issued 2003.
(a) Class III - Units IIIe-3 through IIIe-6.
(b) Class IV - Units I'VE-l through I'VE-7.
(c) Class VI - Entire class.
(d) Class VII - Entire class.
(2) The lot shall consist in its entirety of lands which cannot feasibly be farmed for one or more of the following reasons:
(a) Due to existing features of the site such as rock outcroppings, steep slopes (15% or greater), woodlands.
(b) Due to the fact that the size or shape of the area suitable for farming is insufficient to permit efficient use of farm machinery (for purposes of the application of this subsection the land to be contained in the lot shall be considered as a part of the original tract).
(c) In cases where more than 20% of the lot consists of soils listed in TABLE 5 - Prime Farmlands contained in the United States Department of Agriculture Natural Resource and Conservation Services (NRCS) York County soil survey, issued 2003 and does not meet the requirements of subsections (a) or (b) above, up to two dwelling units may be provided as follows:
Size of Parcel No. of Dwellings Permitted
1.5 - 50 acres 1 unit
more than 50 acres 2 units
E. The following information shall be required in addition to information required for preliminary and final plat submission by the Dover Township Subdivision and Land Development Ordinance [Chapter 22]:
(1) The total area of the parcel as shown in the record of the County Recorder of Deeds on May 23, 1988.
(2) A parcel history, including a listing of the subdivisions that have occurred since May 23, 1988, with a reference to the number of lots, lot area, date of approval and recording data for each subdivision. The location of each lot shall be indicated on a deed plotting of the parcel as it existed on May 23, 1988.
(3) Soil types and classification as mapped in the Soil Survey of York County, Pennsylvania.
F. Subdivision for the transfer of land between two contiguous property owners shall be allowed to resolve on-lot wastewater and/or water problems, or correct irregular lot lines (maximum transfer of one acre) with the following regulations.
(1) As a result of the subdivision, no lot shall be created which is less than the minimum lot size for the district; however, the newly created lot with the wastewater or water problem may exceed the maximum lot size to obtain suitable area for a replacement site.
(2) An area over the two-acre maximum on a subdivision will only be permitted and limited to what is necessary for the resolution of on-lot wastewater/water problems. Under no circumstances shall additional property be transferred between property owners.
(3) The subdivided area shall be added to an existing lot and shall not be interpreted as a new lot; therefore, the subdivision shall not affect the calculation of allowable dwelling units or special exceptions in the agriculture district.
(4) The property owner with the on-lot system problem must show written documentation to the Township that they have received all required local, State and Federal approvals before the subdivision will be granted.
7. Use Limitations for Special Exceptions.
A. Parcels may be subdivided for nonagricultural/nonresidential uses as special exceptions in accordance with § 27-402.3, Part 6 and the following regulations.
(1) The calculation of the number of lots which may be subdivided for nonagricultural/nonresidential purposes shall be based on the number of permitted dwellings calculated in § 27-402.5.A.
(2) One lot utilized for a nonagricultural/nonresidential special exception use shall be equivalent to two residential lots. Thus, the maximum number of residential lots permitted for a specific parcel shall be reduced by two for each permitted nonagricultural/ nonresidential special exception use.
B. Special exception uses shall be permitted on lands considered unsuitable for agricultural purposes as follows:
(1) The lot shall consist in its entirety of land included within the following soil capability classes as classified by the Soil Survey of York County, Pennsylvania, Series 1959, No. 23, issued May 1963:
(a) Class III - Units IIIe-3 through IIIe-6.
(b) Class IV - Units I'VE-l through I'VE-7.
(c) Class VI - Entire class.
(d) Class VII - Entire class.
(2) Existing features the site including rock outcroppings, woodlands, slopes in excess of 15%.
(3) The size or shape of the area suitable for farming is insufficient to permit efficient use of farm machinery (for the purpose of the application of this subsection the land to be contained in the lot shall be considered as a part of the original tract).
(4) The parcel shall be located adjacent to a public road and shall have direct access to the public road.
8. Subdivision of Land for Agricultural Purposes (Not Involving Any Residences).
A. In order to preserve parcels of land in agriculturally viable units, no subdivision of land for agricultural purposes shall be permitted resulting in the creation of any lot containing less than 25 acres.
B. Any new division line being created between two “farms” shall be agriculturally reasonable and shall not be so as to render the agricultural use of the tracts less efficient; i.e., under normal circumstances, fields and contour strips shall not be split.
C. Land transferred to a farm parcel pursuant to this Section shall not subsequently be separated from such farms.
D. A property owner submitting a subdivision plan shall be required to specify which lot or lots shall carry the right to erect or place any unused quota of dwelling units.
E. There must be assigned both the land being separated from the original tract and the remaining portion of the original tract at least one of the original tract's permitted allocation of single-family dwelling units for the farm parcel dwelling unit unless that land is being permanently joined to an adjacent tract which either contains an existing dwelling or has allocated to it the right to construct at least one dwelling. The farm parcel dwelling shall be allowed as part of the farm parcel, as such, the dwelling is excluded from meeting the provisions of § 27-402.5.B.
9. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
10. Signs. Signs shall be provided in accordance with Part 8.
11. Supplementary Regulations. Part 5, “Supplementary Regulations,” sets forth regulations which shall be applied to all districts.
(Ord. 2015-06, 9/28/2015; as amended by Ord. 2016-01, 1/11/2016, §§2, 3; and by Ord. 2019-03, 10/28/2019, §§ 3, 4, 5; and Ord. 2021-03, 3/22/2021, § 2)