Birmingham Township
City Zoning Code
City Zoning Code
ARTICLE IV
Residential-Agricultural District R-A
§ 122-12 Purpose.
A.
In addition to the general goals listed in the statements of purposes and community development objectives, it is the purpose of this article to encourage and promote continued agricultural uses in the R-A Zone while also permitting low-density residential development which will blend with existing agricultural uses and perpetuate the rural atmosphere of the area; and also, by providing the option of utilizing the provisions in Article XV, Transferable Development Rights, to enable landowners within the R-A Zone to elect not to develop all or a portion of their land but instead to obtain, by the use thereof, the economic benefits of development while at the same time covenanting to leave all or a portion of their land undeveloped in perpetuity.
B.
It is further the purpose of this article to promote agricultural uses while still permitting the population density as envisioned through farmside village development in appropriate areas of the district associated with maintaining the bulk of such tracts as agricultural lands in perpetuity.
C.
Accordingly, the district incorporates a density standard which, among other things, provides for farm and low-density dwelling uses, discourages isolated higher-density development and facilitates the conservation of agricultural and woodland areas, surface and underground water supplies and the control of soil erosion and surface water flooding.
D.
In the R-A Residential-Agricultural District, the following regulations shall apply.
§ 122-13 Use regulations.
A.
Uses permitted by right. A building may be erected, altered or used and a lot or premises may be used by right for any of the following purposes and for no other:
(1)
One single-family detached dwelling.
(2)
Woodlands, game preserves or other conservation purposes.
(3)
Agricultural uses, including nurseries and timber production in accordance with the provisions of farm regulations, § 122-93 of this chapter.
(4)
Country club, golf course or similar club or other outdoor recreational use customarily located in natural woodland and agricultural areas including a lodge in conjunction with any permitted outdoor use, provided that:
(a)
The minimum area of the property on which the use is conducted shall not be less than 10 acres.
(b)
The use and its design are compatible with the natural character of the area.
(c)
Each structure shall be clearly incidental to the outdoor use.
(d)
Any club or lodge building and its services shall be for the use of members and their guests only.
(e)
No commercial activity or use, such as a campground, amusement park, pitch and putt course and like uses customarily carried on as businesses, shall be permitted.
(5)
For a tract of land not exceeding 18 acres in gross area on the effective date of this chapter, a single-family residential subdivision in compliance with the area and bulk regulations of § 122-14.
(6)
For a tract of land having not less than 18 acres in gross area on the effective date of this chapter, a farmside village development in accordance with the provisions of § 122-16 of this chapter.
(8)
Group home.
[Added 9-8-2014 by Ord. No. 14-04]
B.
Uses permitted by special exception. Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, subject to the standards of Article XXI of this chapter.
C.
Accessory uses. The following accessory uses shall be permitted, provided that they shall be incidental to any of the foregoing permitted uses:
(1)
Customary agricultural and residential accessory uses.
(2)
Swimming pool, tennis court or paddle tennis court, provided that it is located behind the front facade of the primary structure and building line and is set back at least 50 feet from any side or rear property line, and further provided that lighting facilities shall not interfere with the use and enjoyment of any neighboring property; provided, however, that the minimum setback from any side or rear property line within a lot containing less than 60,000 square feet and approved pursuant to Article XVI of this chapter shall be 25 feet.
(3)
Private, noncommercial greenhouse.
(4)
Artist's studio.
(5)
Farm buildings.
(6)
Home occupation and no-impact home based business when in compliance with § 122-103.
[Amended 2-7-1994 by Ord. No. 94-01; 1-20-2003 by Ord. No. 03-01]
(7)
The sale of farm and nursery products in accordance with the provisions of § 127-94 of this chapter, Sale of farm products.
(8)
Providing bed-and-breakfast, as herein defined, to not more than four short-term (not more than 15 days) transient guests at any one time, provided that the requirements of § 122-103.1 are met.
[Amended 6-5-1995 by Ord. No. 95-01]
(10)
An accessory apartment, provided that it is established in accordance with the following standards:
[Added 4-10-2000 by Ord. No. 00-07]
(a)
Only one accessory apartment unit shall be permitted on any single-family residential lot.
(b)
Either the accessory apartment or the principal single-family dwelling shall be occupied by the owner of the lot on which both dwelling units are located.
(c)
The maximum size of the accessory apartment shall be 500 square feet gross habitable area.
(d)
The accessory apartment shall not comprise more than 35% of the gross habitable area of the principal dwelling prior to creation of the accessory apartment.
(e)
The accessory apartment must be attached to the principal single-family residence.
(f)
Any addition to the existing single-family dwelling to accommodate an accessory apartment shall be limited in its size to 10% of the gross habitable area of the existing principal dwelling. No exterior changes shall be made which, in the judgment of the Board of Supervisors, are not in conformance with the existing single-family character of the neighborhood.
(g)
One off-street parking space shall be required for the accessory dwelling apartment, in addition to those required for the single-family dwelling. The additional parking space shall not be located within any required yard area.
(h)
Occupancy of the accessory apartment shall be restricted to persons related by blood, marriage or adoption to the owners of the principal single-family dwelling on the lot. A maximum of two persons shall inhabit such accessory apartment.
(i)
There shall be a means of internal access to the accessory apartment from the principal single-family residence. A separate access to the accessory apartment shall also be permitted in addition to the common access.
§ 122-14 Area and bulk regulations.
[Amended 4-10-2000 by Ord. No. 00-06; 12-15-2003 by Ord. No. 03-07; 11-19-2007 by Ord. No. 07-02; 12-7-2020 by Ord. No. 20-05; 3-3-2025 by Ord. No. 2025-01]
A.
Lot area, net. Every lot shall have a net area of not less than 3 1/2 acres, provided that, if the lot does not abut on a street, the lot must be connected to a street by a right-of-way at least 20 feet wide, the area of which right-of-way shall be in addition to the minimum lot area of 3 1/2 acres.
B.
Lot width. Each lot shall have a width not less than 250 feet at the building line.
C.
Impervious cover. Not more than 20% of the net lot area may be occupied by buildings or other impervious cover.
D.
Front yard. There shall be a front yard of not less than 100 feet from the building line to the street line or 200 feet from the building line to the street line if the lot fronts on an arterial, collector or rural street.
E.
Side yards. For every principal building, there shall be two side yards which shall not be less than 100 feet in aggregate width and neither of which shall be less than 40 feet in width.
F.
Rear yard. For every principal building, there shall be a rear yard on each lot which shall be not less than 100 feet in depth.
G.
Accessory buildings and structures. No accessory buildings or accessory structures, except a fence or wall below four feet in height, shall be situated within the front yard nor within 25 feet of any side or rear lot line or street line.
H.
Height restriction. No building or structure, except barns and silos, shall exceed three stories or 35 feet in height, whichever is less, except that no accessory building, other than a farm building, shall exceed 20 feet in height.
§ 122-15 Design standards.
The following design standards shall be applicable to the respective use categories as indicated:
A.
Residential and agricultural uses permitted by right.
(1)
Parking: as required by § 122-102A(2) of this chapter.
(2)
Access and highway frontage: as required by § 122-102B(1) of this chapter.
B.
Recreational uses permitted by right [as authorized by § 122-13A(4)] and uses permitted by special exception.
(1)
Parking: as required by § 122-102A(1) of this chapter.
(2)
Access and highway frontage: as required by § 122-102B(1) of this chapter.
§ 122-16 Standards for farmside village development.
[Amended 6-5-1995 by Ord. No. 95-01; 12-15-2003 by Ord. No. 03-07; 11-19-2007 by Ord. No. 07-02; 7-10-2017 by Ord. No. 17-02; 3-3-2025 by Ord. No. 2025-01]
By providing for farmside village development, it is the goal of the Township to combine farm preservation with the allowance of residential density compatible with agriculture and associated with the open conditions normal to rural areas. This will also permit agricultural property owners to gain the advantages of development and at the same time preserve farming as a future use.
A.
Eligibility and density. As a use by right in the R-A Zoning District, a landowner of a tract of not less than 18 acres may or of a tract exceeding 30 acres must modify area and bulk regulations for a specified number of residential lots and accommodate continued agricultural use on the remainder of the tract (farm tract) in accordance with the following procedures and conditions:
(1)
The gross area of the tract to be subdivided shall be not less than 18 acres.
(2)
The total number of new lots in addition to the remaining farm tract as described in Subsection B and restricted as described in Subsection C hereinbelow shall be determined in accordance with the following formula:
(a)
Calculate gross area of the tract.
(b)
Subtract 60% of the tract area within identified floodplain areas and wetlands areas (measured once concurrently where the two conditions overlap).
(c)
Subtract 50% of the tract area having slopes in excess of 25%.
(d)
Subtract the tract area to be devoted to existing and proposed street rights-of-way.
(3)
Proposed site design shall be compatible with preservation of environmentally sensitive areas. In the R-A Zoning District, the site of new residential development within the tract shall, where possible, be restricted to that contiguous area of the tract with the least agricultural capability as determined by conditions of slope and soil standards. In addition, the site of the farm tract shall be located, where possible, to preserve the maximum amount of prime agricultural soils so as to preserve the agricultural use potential of the farm tract and place new lots in closer proximity to adjacent tracts zoned for higher density uses than to those zoned for agricultural preservation.
(4)
The following specific design standards shall be applicable:
(a)
Parking: as required by § 122-102A(2) of this chapter.
(b)
Access and highway frontage: as required by § 122-102B(1) of this chapter.
B.
Area and bulk regulations. For farmside village developments, the new lots established shall consist of the following:
(1)
Each of the lots allowed (except for the farm tract) shall conform to the following area and bulk regulations:
(a)
Minimum net lot area: 30,000 square feet.
(b)
Minimum lot width: 125 feet at the building line.
(c)
Maximum impervious cover: 25%.
(d)
Minimum front yard: 45 feet.
(e)
Minimum side yard (each): 25 feet, with an aggregate minimum of 60 feet for both side yards.
(f)
Minimum rear yard: 50 feet.
(g)
Accessory buildings: 25 feet (side yard or rear yard); 45 feet (front yard).
(h)
Maximum use of prime agricultural soils: No such residential lot shall occupy more than 45,000 square feet of prime agricultural soils.
(2)
After subtracting out areas devoted to new building lots conforming to Subsection B(1) and road rights-of-way, the remainder of the tract, (which shall constitute at least 65% of the gross area of the tract) shall be limited to a farm tract or at the landowner's option, two farm tracts, to the extent feasible, encompassing farm buildings (either existing or to be constructed) and prime agricultural soils. Each farm tract shall have an area not less than 30% of gross tract area and total impervious cover not exceeding 15,000 square feet or 3.5% of each farm tract, whichever is greater.
(3)
The following buffer areas shall be observed in the development of a farmside village:
(a)
No house shall be located within 100 feet of a property line dividing the tract being developed from an adjacent property nor within 200 feet of an existing street.
(b)
No farm buildings shall be constructed on that portion of the remaining farm tracts within 200 feet of any property line or existing street.
C.
Restrictive covenants.
(1)
As part of any subdivision approval for farmside village development in the R-A District, the Board of Supervisors shall require appropriate covenants restricting the farm tracts against any future resubdivision or development and limiting the uses of each.
(2)
The farm tracts shall remain in private ownership, subject to the required declaration of restrictive covenants which shall be recorded in the Chester County Recorder of Deeds office. The declaration shall limit the uses of the farm tracts in perpetuity to agricultural or forestry uses not to be further subdivided or developed, except for agricultural accessory buildings as defined in this article and/or farm buildings as restricted in this chapter and one principal single-family residence in each farm tract.
(3)
However, any parcel of 20 acres or more which has been subject to deed restriction as outlined in Subsection C(1) above may contain, in addition to the principal and accessory uses authorized in § 122-13, one accessory dwelling unit, provided that the following conditions are met:
(a)
The principal residence and the accessory dwelling must remain in single ownership on the twenty-acre-plus parcel.
(b)
There shall be only one accessory dwelling permitted for each parcel.
(c)
The size of the total floor area of the accessory dwelling (excluding attic and cellar) shall not exceed 1,800 square feet. If the existing principal dwelling is listed in the National Register of Historic Places or meets the National Register Criteria as determined by the Bureau for Historic Preservation of the Pennsylvania Historical and Museum Commission, the Board of Supervisors may, at the applicant's request, deem the existing principal dwelling to be the accessory dwelling under the terms above and may waive the maximum square footage requirement in this Subsection C(3)(c), provided that the following standards are met: The accessory dwelling and associated historically significant outbuildings cannot be reconstructed, altered, restored, demolished or razed until a certificate of appropriateness has been issued in accordance with the procedures specified in § 122-120 and Chapter 61, Historic Districts.