Codorus Township City Zoning Code
ARTICLE V
Agricultural Districts A
§ 250-13 Purpose of Agricultural Districts.
A.
This district is composed of those areas in the Township whose predominate land use is devoted to agricultural activities.
B.
Agricultural Districts are established to protect and stabilize agriculture as an ongoing and economic activity by permitting only those land uses and activities which are either agricultural in nature or an act in direct support thereof and the regulations for this zone are designed to minimize conflicting land uses detrimental to agricultural enterprises and to maintain agricultural parcels or farms in sizes which will permit efficient agricultural operations.
C.
Agricultural Districts are established to provide for the preservation of productive farmland, the Township's most important natural resource.
§ 250-14 Use regulations.
No building or structure may be erected or used and no land may be used or occupied except for one of the following uses:
A.
Principal uses:
(2)
Forest uses related to harvesting of lumber products.
(3)
House of worship.
(7)
Small school.
Uses identified as principal uses in Subsection A(3) and (7) must be located on land of low quality for agricultural use as defined in this chapter. Each use described in Subsection A(3), (4), (5), (6), and (7) shall reduce the number of dwelling units as set forth by § 250-16A permitted to be located upon the tract by one. |
B.
Accessory uses:
(7)
Domiciliary care unit. [See § 250-51B(2).]
(13)
Events venue.
(15)
Wind energy conversion systems. (See § 250-76.)
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(16)
Any other use customarily incidental to any of the uses permitted by this section as principal uses.
Accessory uses in Subsection B(1), (4), (7), (8), (12) and (14) shall be permitted as accessory only to principal use in Subsection A(4). Accessory uses in Subsection B(10) and (11) shall be permitted as accessory only to principal use in Subsection A(3). Accessory uses in Subsection B(5) and (6) shall be permitted only as accessory to principal use in Subsection A(1). Accessory use in Subsection B(13) shall be permitted as accessory only to principal uses in Subsection A(3) and (5). |
C.
Principal uses permitted by special exception:
(4)
Public buildings and essential uses.
(10)
Medical center, office or clinic. [See § 250-51B(3).]
(12)
Mill, including, but not limited to, feed and grain mills.
(13)
Automotive sales and services limited to agricultural equipment and agricultural vehicles.
(15)
Warehousing, limited to the storage of agricultural equipment, vehicles, produce, feed and supplies.
All uses permitted by special exception, except use in Subsection C(11), must be located on land of low quality for agricultural use as defined in this chapter. Each such use excepting uses in Subsection C(3) and (5) shall reduce the number of dwelling units as set forth by § 250-16A permitted to be located upon the tract by one. |
D.
Accessory uses permitted by special exception:
§ 250-15 Subdivision.
A.
Lots or parcels shall not be separated from the original tract unless it is determined that:
(1)
There is being separated from the original tract no more than one acre for each dwelling unit assigned to the tract being separated; provided, however, this shall not prevent approval of larger dwelling lots where reasonably necessary in order to provide a suitable location for the dwelling, the well, the on-site sewage disposal system, and the driveway; or
(2)
The area being separated includes the existing farm buildings and it is necessary to include all of the land shown on the plan in order to include all of the existing farm buildings; or
(3)
Land is proposed to be transferred from one "parcel" to another "parcel," which parcel will after such transfer be at least as large as the transferor "parcel" prior to such transfer and such lands will be permanently merged with the transferee "parcel" and shall not subsequently be separated therefrom; or
B.
A property owner submitting a subdivision plan will be required to specify on his plan which lot or lots shall carry with them the right to erect or place any unused quota of dwelling units his tract may have. The plan shall set forth in a reasonably accurate manner the land owned by such property owner and the portion of such land proposed to be separated. It shall also show all tracts, parcels or lots subdivided from the original tract since December 7, 1974, and such other information as is necessary to enable the Board of Supervisors to determine whether or not the requirements set forth in this article and other articles of this chapter are met. No lot or parcel may be subdivided or separated from the original tract without such plan having been approved by the Board of Supervisors.
C.
Existing buildings shall not be separated from the original tract unless it is determined that they have no functional utility in connection with the agricultural use of the original tract.
D.
There must be assigned to both the tract being separated from the original tract or parcel and the remaining portion of the original tract or parcel, at least one of the original tract's permitted allocation of single-family dwelling units unless that land or parcel is being permanently joined to an adjacent tract or parcel, which either contains an existing dwelling or has allocated to it the right to construct at least one dwelling.
§ 250-16 Regulations respecting single-family dwellings.
Single-family dwelling units in the Agricultural District shall be subject to the following limitations:
A.
There shall be permitted on each tract of land the following number of single-family dwelling units:
Size of Tract of Land (as of December 7, 1974) (acres) | Number of Single-Family Dwelling Units Permitted (including those existing as of December 7, 1974, and those located on a "farm") |
|---|---|
0 to 7 | 1 |
7 to 30 | 2 |
30 to 80 | 3 |
80 to 130 | 4 |
130 to 180 | 5 |
180 to 230 | 6 |
230 to 280 | 7 |
280 to 330 | 8 |
330 to 380 | 9 |
380 acres and over | 10 |
(1)
In the event an agricultural conservation easement or other easement restricting or limiting nonagricultural development has been placed on any parcel or part thereof, such parcel shall not have any allocation of dwelling units in excess of dwelling units currently existing on the parcel, unless the deed creating the easement specifically reserves to the parcel such dwelling rights or the property owner has entered into an agreement with the Township prior to the granting of such easement allocating permitted dwelling units between the portion of the parcel which will be subject to the easement and the portion of the parcel which will not be subject to the easement. In no event shall the permitted allocation exceed the number permitted the tract by the above table.
B.
New dwelling units, sewage disposal systems and accessory structures and uses must be located on lots which, together with the driveway or driveways providing access to such lots, consist in their entirety land of low quality for agricultural use as defined in this chapter. Where such location is not feasible, approval shall be granted to enable dwelling units to be located on lots containing higher quality soils. However, in all cases, such dwelling units, sewage disposal systems, accessory structures and uses and residential lots, together with access drives or driveways providing access to such lots, shall be located on the least agriculturally productive land feasible and so as to minimize interference with agricultural production.
C.
A lot on which a new dwelling is to be located shall contain at least 40,000 square feet and be at least 200 feet wide. A lot shall not exceed one acre in size except where reasonably necessary in order to provide a suitable location for the dwelling, the well, the on-site sewage disposal system, and the driveway, in which event the lot shall contain only as much land as is reasonably necessary to provide a suitable location for the dwelling, the well, the on-site sewage disposal system and the driveway with the maximum size not exceeding two acres unless one or more additional dwelling rights are transferred to the property pursuant to § 250-16D of this chapter. If a new dwelling is to be located on a residual tract which currently is not improved with a dwelling, that dwelling, together with its access drive or driveways, its sewage disposal system, accessory structures and uses, must be located on the least agriculturally productive land feasible and so as to minimize interference with agricultural production.
D.
The right to construct or erect dwelling units as provided by § 250-16A of this chapter may be transferred from one parcel to another under the following circumstances:
(1)
In the event two or more parcels are in common ownership and are contiguous to one another, the owners may transfer the right to construct or erect dwelling units as provided by § 250-16A of this chapter from one parcel to another owned by them provided the resulting single-family dwelling units are located on lots which, when considered as a part of the combined parcel, consist in their entirety either of land of low quality for agricultural use as defined in this chapter or of land which is less desirable for agricultural use than any land on which a single-family dwelling lot could feasibly be located on the transferor parcel.
(2)
In the event the owners of a parcel propose a lot on which a new dwelling or other use required by § 250-14 to utilize one of the parcel's allocation of dwelling units is to be located utilizing one of the rights allocated to such parcel by § 250-16A of this chapter and propose that the lot be larger than that permitted by § 250-16C of this chapter, such lot may be approved, providing:
(a)
One additional right to construct or erect a dwelling as allocated by § 250-16A of this chapter to the parcel on which the lot is proposed to be located is assigned to such lot and retired so as not to be available for transfer or reassignment or to create the location of a dwelling unit, for each three acres or part thereof by which the proposed lot exceeds the lot size permitted by § 250-16C of this chapter; or
(c)
The land forming the addition to the proposed lot consists in its entirety of land of low quality for agricultural use as defined in this chapter.
Upon transfer, any transferred rights shall be retired and shall not be available for retransfer or to create the location of a dwelling unit.
(3)
In the event the owners of a parcel intend to create a lot which is proposed to be added to and merged with a lot or parcel:
(a)
Which is presently improved with a dwelling or other use required by § 250-14 to utilize one of the parcel's allocation of dwelling units; or
(b)
Which is presently unimproved but which has available to it the right to construct or erect at least one dwelling or other use requiring utilization of one of the parcel's allocation of dwelling units pursuant to the provisions of § 250-16A of this chapter, and the size of the parcel following the merger will be larger than the lot size permitted for a new dwelling by § 250-16C of this chapter, such lot may be approved, provided:
[1]
One right to construct or erect a dwelling as allocated by § 250-16A to the parcel on which the lot addition is proposed to be located is assigned to such lot and retired so as not to be available for transfer or reassignment or to create the location of a dwelling unit for each three acres or part thereof by which the proposed lot when combined with the existing lot will exceed the lot size permitted a new dwelling lot by § 250-16C of this chapter; or
[3]
The land forming the addition to the proposed existing parcel or lot consists in its entirety of land of low quality for agricultural use as defined in this chapter.
(c)
Upon transfer, the transferred rights shall be retired and shall not be available for retransfer or to create the location of a dwelling unit.
(4)
Following the transfer, the transferor tract must either contain an existing dwelling or have allocated to it the right to construct at least one dwelling unless it is being permanently joined to an adjacent tract or parcel which either contains an existing dwelling or has allocated to it the right to construct at least one dwelling.
(5)
A transfer may not be approved if the location of the dwellings allocated to the transferor tract by § 250-16A of this chapter on such transferor tract is precluded by physical features such as inadequate access, steep slopes, wetlands, etc., as opposed to the desire to preserve agricultural land in agricultural use. (The right must be physically usable on the transferor tract in order to be transferable.)
(6)
Before any transfer is approved, the owner or owners must enter into a recordable agreement with the Township in a form approved by the Township Solicitor to give public notice of the transfer and, if the transferred dwelling right or rights are to be retired, to give public notice of such retirement.
§ 250-17 Dimensional requirements.
Any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide for the minimum and not exceed the maximum dimensions as specified below.
D.
Building height.
E.
Building coverage. No more than 20% of any lot may be covered by buildings or structures.
F.
Minimum distance from a dwelling not owned by the owner of the proposed building or structure.
[Added 3-13-2019 by Ord. No. 19-02]
(1)
If the proposed building or structure has a footprint of less than 3,600 square feet: 20 feet.
(2)
If the proposed building or structure has a footprint of 3,600 square feet or more but less than 10,000 square feet: 100 feet.
(3)
If the proposed building or structure has a footprint of 10,000 square feet but less than 20,000 square feet: 200 feet.
(4)
If the proposed building or structure has a footprint of 20,000 square feet or more: 300 feet, except that such setback requirement may not exceed 200 feet from the property line.
(5)
If the proposed building or structure is to house animals in a large livestock operation: 500 feet, except that such setback requirement may not exceed 200 feet from the property line.
§ 250-18 Lot area and width.
For each use permitted by right or by special exception, the following lot area and lot widths are applicable:
Use | Minimum Lot Area | Minimum Lot Width (feet) |
|---|---|---|
Agriculture, forest uses relating to the harvesting of lumber products, concentrated animal feeding operation | None (see § 250-15) | 200 |
Kennel | 5 acres | 200 |
Mill, including, but not limited to, feed and grain mills, nursery schools, house of worship | 2 acres | 200 |
All other uses | 40,000 square feet | 200 |
(Unless different requirements are set forth elsewhere in this chapter) | ||