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1. Accessory Structures.
A. Over-the-air-reception devices ("OTARD")/antennas/residential satellite dish.
B. Carport and/or an attached or unattached garage.
C. Sheds or barns or non-commercial greenhouses.
D. Accessory family dwelling units or accessory apartment.
E. Agricultural operations buildings and similar buildings.
F. Porches, decks, patios, and awnings.
G. An accessory structure/building, standing apart from the principal structure, shall be permitted only in the side or rear yard area, with the exception that accessory buildings shall be permitted in the front yard area in the A and CV Districts and on corner lots in residential districts in accordance with applicable district setback requirements. (See § 27-503.C.(2)(c)). Apartments or other living quarters shall not be permitted in an accessory structure/building, except as provided for in Part 6 in applicable districts.
(1) An accessory structure (permanent or temporary) may be erected within one of the side yards or within the rear yard provided it is at least five feet from the property line.
(a) No accessory structure shall be located in any easement or right-of-way unless written authorization is provided by the utility or authorized party.
(b) Where such side or rear yard is along an alley the accessory structure shall be located not less than five feet from the right-of-way.
(2) No building permit shall be required for temporary accessory structures less than 100 square feet without a permanent foundation, such as, swing sets, play equipment, and the like, except swimming pools. See regulations within § 27-502.4. which apply to these structures.
(3) No building permit shall be required for antennas, residential utility sheds, dog houses or similar accessory structures which encompass an overall area of less than 100 square feet if not on a permanent foundation. (In no way shall the eaves, drip edge gutters and any other extensions beyond the exterior walls of the structure extend across a property line.)
H. Accessory structures may be erected on lots prior to the erection of the principal building provided they meet all building setback regulations for principal buildings in the underlying zone.
2. Fences and Walls.
A. Within residential zones, no fence or wall (except required junkyard walls or fences and a retaining wall of a building permitted under the terms of this Part) shall be erected to a height of more than the following regulations:
(1) Front yard or front setback area: four feet.
(2) Rear or side yards: six feet.
(3) Where a side yard abuts a road (corner lot), the maximum height is six feet.
B. Within nonresidential zones, no fence or wall (except required for junkyard walls or fences and a retaining wall of a building permitted under the terms of this Part) shall be erected to a height of more than the following regulations:
(1) Front yard or front setback area: six feet.
(2) Rear or side yards: eight feet.
C. In no case shall opaque fences be permitted along the street line in the front yard or within the front setback area.
D. Any fencing within the clear sight triangle area for driveways and intersections shall not exceed three feet.
E. Fences and retaining walls may be located up to, but not on, the property line.
F. Electrical and barbed-wire fences may be allowed in agriculture areas; however, maintenance around the fence shall be the responsibility of the property owner.
G. Nothing in the foregoing subsection D. shall apply to any public facilities.
H. A zoning permit is not required for fences necessary for agricultural operations.
3. Residential Swimming Pools. The following regulations apply to any pool or open tank capable of containing water to depth greater than two feet. In addition to these regulations, residential swimming pools shall be subject to any applicable Township building code.
A. A swimming pool shall be at least ten feet from the side and rear property lines and shall not be located in the front setback area.
B. Any decking or concrete around the swimming pool shall be at least five feet from the rear and side property lines.
C. Every outdoor swimming pool must be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension. This does not apply to above-ground pools having a wall measuring four feet in height and having a retractable ladder. All gates or doors opening through such enclosure shall be equipped with a self-closing and self- latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
D. Water shall not be discharged from any swimming pool onto any public street or alley.
E. Ponds used for agricultural purposes shall be excluded from the requirements of this subsection but must meet any applicable Federal and State regulations.
4. Height Regulations.
A. For all residential districts, accessory buildings shall not exceed 16 feet in height.
B. The height regulations do not apply to:
(1) Structures such as chimneys, standpipes, flagpoles, television antennas and radio towers or windmills.
(2) Structures on buildings, such as clock towers, cupolas, water tanks, and other mechanical appurtenances, if such structures, at any level, do not cover more than 10% of the roof on which they are located.
(3) Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet.
(4) Farm buildings and structures.
(5) Municipal utility and service facilities.
5. Portable Storage Units.
A. Such storage units shall be permitted to be stored only on driveways.
B. The time period for such storage units shall be restricted to one time per calendar year not to exceed 30 days.
C. Truck bodies and/or trailers are prohibited as a means for storage in residential zones.
6. Minimum Off-Street Parking. Off-street parking shall be provided in accordance with Part 7.
(Ord. 2024-01, 5/13/2024)
The following regulations apply to the development of lots throughout the Township:
1. Lots of Record. On a lot held in single and separate ownership on the effective date of this Chapter, or any amendment thereto, which does not fulfill the requirements for the minimum lot area, lot width, and lot depth for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use providing the setback requirements are not less than the minimum specified herein for the district in which the lot is located.
2. Area Regulations. The area, width and depth of lots shall provide adequate area for off-street loading, unloading, and/or parking space. When necessary, on-lot wastewater facilities shall be provided with areas in addition to the space provided for off-street parking and other paved areas and the area covered by the principal and accessory structures.
A. Setback Modifications. The following standards and requirements apply to all uses in all zones:
(1) Front Yards.
(a) Front Setbacks from All Arterial Roads (As Identified in Dover Township Comprehensive Plan). For the purpose of protecting residential uses from adverse influences of traffic and for the purpose of protecting all arterial roads for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare.
(b) Infill Lots. Where at least two adjacent buildings, along the same street line and within 100 feet of a property line are set back a lesser distance than required, the average of the distances of the adjacent buildings becomes the required front setback for that property.
(c) Agriculture and Farm Operation. No stable or similar animal housing building(s) is permitted within 25 feet of any property line. In addition, such setback modifications are subject to § 27-402.5.E.(5).
(2) Corner Lots.
(a) Corner lots shall have two front yards at the street side of the lot and two side yards on the non-street side.
(b) Unenclosed, uncovered decks must be at least ten feet from right-of-way line of "side street" (street other than street of address).
(c) Accessory buildings in front yards of a corner lot and double frontage lot. Accessory buildings are permitted in front yards on corner lots and double frontage lots in residential districts provided the accessory building is located to the rear, behind the rear building line, or within the side yard of the lot in accordance with Figure 1 and 2. The front of the lot is defined as the area bounded by the street line which determines the property address.
(3) Reverse Frontage or Double Frontage Lots. The front yard shall be determined by the street address of the property.
(4) School bus shelters, cornices, chimneys, steps, stoops, canopies, and similar extensions including fire escapes and eaves may be within the minimum front, side and rear setback. Stoops shall not be greater than 25 square feet in area.
(5) Porches or patios, whether covered or not, shall be considered part of the main building and shall not project into any front or side building setback area. Uncovered porches, decks, patios, or awnings, attached to the principal structure, may be located not closer than ten feet to a rear property line. Covered or enclosed porches, patios, & decks shall adhere to principal building setbacks.
(6) Buffer Yards and Screens. Buffer yards and screens shall be designed in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22].
(7) Outdoor Stockpiling or Storage.
(a) Stockpiling firewood is permitted in all zones, except within the front building setback area.
(b) No stockpiling, except for firewood, is permitted in residential districts. In the Commercial and Industrial Districts, stockpiling may be located in the side yard provided that any stockpiling is screened from any adjoining residential uses. In all other districts, stockpiling shall be located in the rear of buildings and shall be screened.
(c) In the Commercial District, the outdoor display of merchandise shall be permitted in the front of a building provided that the merchandise is displayed no more than six feet from the front of the building.
(d) In multi-family developments, remote, screened storage areas shall be provided for items infrequently used, such as recreation vehicles, etc.
(e) A dumpster shall not be permitted on any occupied residential property for longer than 60 days. A dumpster shall not be placed within any road right-of-way in any zone unless written authorization from the Township is obtained due to the individual lot size, grade, or other justified constraint. A dumpster located in the front yard area in a zone other than residential shall be fully screened from view.
(f) Stockpiling must comply with all applicable building code requirements.
3. Obstruction to Vision. Clear sight triangles shall be established as set forth in the Dover Township Subdivision and Land Development Ordinance [Chapter 22]. Proper sight lines must be maintained at all street intersections. Measured along the center line, there must be a clear sight triangle of 75 feet (150 feet for arterial streets) from the point of intersection of two street lines. No building or obstruction greater than three feet in height nor extending lower than 15 feet shall be permitted in this area above the grade of the center line of the street.
4. Flag Lots. Flag lots shall be allowed in the conservation and agriculture districts only and shall meet the following requirements:
A. The access strip portion of the lot shall be at least 50 feet wide and shall connect to a public right-of-way.
B. All area, yard, and height regulations of the underlying zone shall be applicable. All setbacks shall be measured from the interior staff line or lines of the lot.
C. The front building setback line shall be established at the required distance from that portion of the lot which meets the minimum lot width requirement.
D. No more than two contiguous flag lots shall be allowed, unless the regulations of the agriculture district requiring nonagricultural uses to be located on the least productive agriculture lands warrant the placement of more than two contiguous flag lots in a specific area of the original parcel.
E. The minimum distance between flag lot rights-of-way shall be at least equal to the minimum lot width.
5. Division of Built-On Lots.
A. No lot may be formed from part of a lot occupied by a building unless each newly created lot will meet all the applicable provisions of this Chapter and the Dover Township Subdivision and Land Development Ordinance [Chapter 22].
B. In any residential zone, each single family detached dwelling unit shall occupy a separate lot with the exception of a mobile/manufactured home park.
6. Lot Width. Lot width in the case of an interior lot, the lot width is the horizontal distance measured at the minimum required front setback line between the side lot lines; and in the case of a corner lot, the lot width is horizontal distance measured at the minimum building setback line between each front lot line and its opposite lot line.
7. Residential lots, not considered an agricultural operation, are permitted one Animal Equivalent Unit (AEU) (refer to AEU definition) per acre.
(Ord. 2024-01, 5/13/2024)
All dwelling units must conform to the following minimum habitable floor area:
A. Dwelling unit, other than apartments and units in R-l zones: 700 square feet.
B. Dwelling units in R-1 zones: 850 square feet.
C. Apartment: 400 square feet.
(Ord. 2024-01, 5/13/2024)
No person or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to seven days in any calendar year on the property of a friend or relative.
(Ord. 2024-01, 5/13/2024)
Demolition of any structure must be completed within three months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting material from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is complete as aforesaid. All evidence of the structure which was demolished must be removed from the exterior surfaces of the building remaining.
(Ord. 2024-01, 5/13/2024)
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