§ 27-304. All Other Uses.

   Any use not specifically allowed elsewhere in this Chapter shall be allowed by special exception in the district or districts where, and to the extent, that similar uses are permitted or allowed by special exception; provided, that said use meets the specific standards, according to Part 6, if any, of the use to which it is similar, and meets the general requirements for a special exception according to § 27-1104 and does not constitute a public or private nuisance.

(Ord. 2024-01, 5/13/2024)

§ 27-305. Accessory Uses and Structures.

   Accessory uses and structures may be permitted in conjunction with the principal uses permitted by this Part and shall be further subject to the requirements for accessory uses and structures as set forth in Part 5, § 27-502, "Accessory Uses Structures and Buildings."

(Ord. 2024-01, 5/13/2024)

§ 27-306. Uses with Nuisance Effect.

   1.   In no case is a use permitted which by reason of noise, dust, odor, appearance, or other objectionable factor creates a nuisance, hazard, or other substantial adverse affect upon the property value or reasonable enjoyment of the surrounding property.

   2.   Every reasonable effort must be made to prevent this nuisance effect through:

      A.   Control of lighting.

      B.   Use of planting screens or attractive fences.

      C.   Prompt removal of trash and/or junk.

(Ord. 2024-01, 5/13/2024)

Part 4 District Regulations

§ 27-401. Permitted Uses.

USE	R-1	R-3	R-4	CV	CRV	A	V	C	BP	I
P=Use Permitted By Right         SE=Use by Special Exception         Blank Cell=Not Permitted
Adaptive Reuse					SE		SE	SE	SE
Adult Oriented Business										SE
Age-Restricted Community	SE	SE	SE
Agribusiness				SE		SE
Agriculture Operation				P		P
Animal Day Care/Animal Grooming Facility				SE	SE	SE	SE	P	P	P
Animal Hospital/Crematorium						SE		P	P	P
Asphalt/Concrete Plant										SE
Automotive Repair Business								P	P	P
Banks/Finance, Business, Insurance, and Real Estate								P	P
Bed and Breakfast Inn				P	SE	SE	SE
Campground or Recreational Vehicle Park				SE		SE
Care Facilities:
Day Care, Adult								P	P	P
Day Care, Adult Domiciliary	SE	SE	SE	SE	SE	SE	SE	P	P
Day Care, Child Domiciliary	SE	SE	SE	SE	SE	SE	SE	P	P
Day Care, Child Large	SE	SE	SE	SE	SE	SE	SE	P	P
Day Care, Child Small	SE	SE	SE	SE	SE	SE	SE	P	P
Nursing Care Facility								P	P
Personal Care Facility								P	P
Car Wash, automatic & self-service								P	P	SE
Catering facility					P		P	P	P
Cemetery				SE	SE	SE	SE
Club, non-profit/profit				SE		SE		P	P
Commercial Recreation Facilities								SE	SE	SE
Conference Center, Corporate Headquarters								SE	SE
Contractor's Office/Shop								P	SE	SE
Contractor's Yard/Heavy Storage										P
Convenient Store					SE		SE	P	SE	P
Crematory								P	P	P
Cryptocurrency Mining Factory								SE	SE	SE
Distillery/Brewery										P
Distribution Center										P
Dwelling Types:
Accessory Apartment	P	P	P	P	P	P	P
Accessory Dwelling Units	P	P	P	P	P	P	P
Residential Conversion		SE
Mobile home park			P
Multifamily Development		P	P
Single Family Attached		P	P
Single Family Detached	P	P	P	P	P	P	P
Single Family Semi-Detached		P	P		P		P
Two-Family		P	P
Farm/Farmer's Market				SE		SE		P	P
Flea Market								SE	SE	SE
Funeral home								P	P	P
Garden Center				SE	P		P	P	P	P
Greenhouse/Nursery				P	P	P	P	P	P
Group Home	P	P	P	P	P	P	P
Halfway House		SE	SE					SE	SE
Home Occupation	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Hospital								SE	SE
Hotel and Motel								P	P
House of Worship	P	P	P	SE	P	SE	P	P	P
Household Pet Breeding, commercial				P		P
Industrial Park										SE
Intensive Agricultural Operations						SE
Junkyard										SE
Kennel				SE		SE		SE	SE
Laundry/Laundromat and Dry Cleaning					SE		SE	P	P
Manufacturing										P
Medical Center					P		P	P	P
Medical Facilities					P		P	P	P
Medical Laboratory					P		P	P	P
Medical Marijuana Dispensary							SE	SE	SE	SE
Medical Marijuana Grower/Processor				SE		P				SE
Mineral Development								SE	SE	SE
Mini-Storage Facility								SE	SE	SE
Natural Gas Compressor Station	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Natural Gas Processing Plant										SE
No Impact Home Based Business	P	P	P	P	P	P	P	P	P	P
Non-tower WCF that do not substantially change the dimensions of the structure to which they are attached	P	P	P	P	P	P	P	P	P	P
Non-tower WCF that substantially change the dimensions of the structure to which they are attached	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Outdoor Recreation Facility								SE	SE	SE
Outdoor Trap, Skeet, Rifle, Pistol or Archery Range								SE	SE	SE
Personal Service Shop					P		P	P	P
Planned Residential Development (PRD)			P					P	P
Principal Solar Energy System (PSES)						SE		SE		SE
Public/Semi-public Facilities and Uses	SE	SE	SE	SE	SE	SE	SE	P	P	P
Quarries										SE
Recycling Business										SE
Refining Operations										SE
Research Laboratory/Product Development Facility								P	P	P
Restaurant, carry-out/delivery					P		P	P	P
Restaurant, fast food					P		P	P	P
Restaurant, sit-down					SE		SE	P	P
Retail Sales and Services (No Drive Thru)					P		P	P	P
Riding Academy or Boarding Stable				P	P	P	P
Roadside Stand	P	P	P	P	P	P	P	P	P	P
Rooming House		SE	SE	SE	SE	SE	SE	P	P
Schools, Public/Commercial/Private/College/University					SE		SE	P	P	SE
Service Station					SE		SE	P	SE	P
Shopping Center								SE	SE	SE
Special Event Venue					SE	SE	SE	P	P
Tavern/Micro-brewery/Mirco-distillery/Nightclub					SE		SE	P	P	P
Tower-based WCF outside of the public rights-of-way						SE			SE	P
Transportation terminal/Trucking facilities										P
Vehicle Sales, Service, Repair and/or Body Shop					SE		SE	P	P	P
Wholesale Establishment/Warehousing Establishment/Distribution Center										P
Wind and energy-related uses				SE		SE
Winery, retail					SE		SE	P	P	P
Winery, vineyard				SE		SE

 

(Ord. 2024-01, 5/13/2024)

§ 27-402. CV - Conservation District.

   1.   Purpose. The purpose of this district is to prescribe a zoning category for those areas where because of natural geographic factors and existing land uses, it is considered feasible and desirable to conserve open spaces, water supply sources, woodland areas, wildlife areas, visual amenities and views from the roadway, other natural resources, and farmland. This district may include steeply sloped areas, stream valleys, water supply, sources, wooded areas, and farmed areas adjacent thereto.

      A.   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.

   2.   Bulk and Area Regulations. The following shall be the standards for the CV District.

      A.   Lot area:

         (1)   Minimum lot area: five acres for single family dwellings.

         (2)   Minimum lot area: five acres for special exception uses.

         (3)   Minimum lot area: five acres for an agribusiness.

      B.   Minimum lot frontage and width: 300 feet.

      C.   Minimum setbacks:

         (1)   Front setback: 40 feet.

         (2)   Rear setback: 40 feet.

         (3)   Side setback: 40 feet.

      D.   Maximum lot coverage: Not more than 20% of the lot shall be covered by impervious coverage. If more than 50% of the site possesses slopes in excess of 15%, the maximum lot coverage shall be 10%.

      E.   Maximum Building 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 exceed 45 feet.

      F.   Land clearing: a maximum of 20% of a residential lot may be cleared of trees, excluding the area of up to 50 feet in width needed for adequate lot access.

   3.   Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.

   4.   Signs. Signs shall be provided in accordance with Part 8.

   5.   Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth additional regulations which shall apply to all districts.

(Ord. 2024-01, 5/13/2024)

§ 27-403. A - Agriculture District.

   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 in 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.   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%.

   3.   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 §27-403. 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 landowner 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.

   4.   Use Limitations for Special Exceptions.

      A.   Parcels may be subdivided for nonagricultural/nonresidential uses as special exceptions in accordance with § 27-403.A., 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 § 27-403.5.B.

         (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.

   5.   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 allocations 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 § 27-403.5.B.

   6.   Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.

   7.   Signs. Signs shall be provided in accordance with Part 8.

   8.   Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall be applied to all districts.

(Ord. 2024-01, 5/13/2024)

§ 27-404. V - Village District.

   1.   Purpose. This district recognizes the Village of Mount Royal as a unique place in the development of the Township. The center of the Village is recognized as the crossroads of Old Carlisle Road and Conewago Road. The regulations are set forth to preserve the existing community character of the Mount Royal area. This character includes a mixture of single-family residential uses, neighborhood commercial uses and public and open areas.

      A.   The purpose of this district shall be consistent with the Rural Village land use classification descriptions contained in the Future Land Use Plan of the Dover Borough/Dover Township Joint Comprehensive Plan Growth Management Plan, 2007.

   2.   Bulk and Area Regulations.

      A.   Residential Uses.

         (1)   The following lot area and width standards shall apply to residential uses based on the type of dwelling unit and presence of public water or sewer.

 

Unit Type	With Public Water and Sewer	With Public Water or Public Sewer	Without Public Water and Sewer
Minimum lot area (square feet):
Single-family detached dwelling	9,000	43,560	65,340
Single-family semi-detached dwelling	4,500	43,560	65,340
Minimum lot frontage and width (feet)
Single-family detached dwelling	80	100	125
Single-family semi-detached dwelling	40	100	125

 

         (2)   Minimum lot depth: 100 feet.

         (3)   Minimum setback:

            (a)   Front setback: 35 feet.

            (b)   Side setback: ten feet.

            (c)   Rear setback: 30 feet.

         (4)   Special setback requirements: No area for storing or processing manure, or composting shall be allowed within 300 feet of a residential or district or residential property line.

         (5)   Maximum height: two and one-half stories but not to exceed 35 feet.

         (6)   Maximum lot coverage: 35%.

      B.   Nonresidential Uses.

         (1)   The following lot area and width standards shall apply to nonresidential uses:

 

	With Public Water and Sewer	With Public Water or Sewer	Without Public Water and Sewer
Minimum lot area (square feet)	32,670	43,560	65,340
Minimum lot frontage and width (ft)	100	100	125

 

         (2)   Minimum lot depth 100 feet.

         (3)   Minimum setback:

            (a)   Front setback: 35 feet.

            (b)   Side setback: ten feet.

            (c)   Rear setback: 30 feet.

         (4)   Maximum height: not to exceed 45 feet.

         (5)   Maximum lot coverage: 60%.

   3.   Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.

   4.   Signs. Signs shall be provided in accordance with Part 8.

   5.   Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.

   6.   Access. All uses shall have primary access from an arterial and/or collector roadway.

(Ord. 2024-01, 5/13/2024)

§ 27-405. R-1 - Residential District Section.

   1.   Purpose. The purpose of this district is to permit and provide standards for low density residential development, to encourage the preservation of open spaces and conserve natural resources, and to exclude uses incompatible with residential communities. Public water and sewer should be provided for uses inside the Growth Boundary Area as determined by the Dover Borough/Dover Township Joint Comprehensive Plan.

   2.   Prohibited Uses.

      A.   Keeping or Raising of Livestock. This provision shall not apply to existing agricultural operations as of the date of the adoption of this chapter.

   3.   Bulk and Area Requirements.

      A.   Minimum lot area:

         (1)   Growth Boundary Area - one-half acre.

         (2)   Outside Growth Boundary Area - one and one-half acres.

      B.   Minimum lot frontage and width:

         (1)   100 feet with public water and public sewer.

         (2)   125 feet with public water or public sewer.

         (3)   125 feet with neither public water nor public sewer.

      C.   Minimum lot depth: 100 feet.

      D.   Minimum setback:

         (1)   Front setback: 35 feet.

         (2)   Side setback: 10 feet.

         (3)   Rear setback: 30 feet.

      E.   Maximum height: 45 feet.

      F.   Maximum lot coverage: 35%.

      G.   Maximum Density:

         (1)   Growth Boundary Area - one unit/one-half acre.

         (2)   Outside Growth Boundary Area - one unit/one and one- half acres.

      H.   Conservation-Based Design. All residential developments 15 acres or more shall follow Conservation-Based Design requirements set forth in § 27-622. Residential development shall be designed to preserve natural landscapes including wetlands and aquifer recharge zones, woodlands, steep slopes, floodplains, greenways, unique natural, cultural, and or historic areas and similar environmentally sensitive areas consistent with the Dover Borough/Dover Township Joint Comprehensive Plan. Conservation-Based Design shall also follow regulations in Chapter 22 - Dover Township Subdivision and Land Development Ordinance.

   4.   Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.

   5.   Signs. Signs shall be provided in accordance with Part 8.

   6.   Supplementary Regulations. Part 5, "Supplementary Regulations," sets forth regulations which shall apply to all districts.

(Ord. 2024-01, 5/13/2024)