Conestoga Township City Zoning Code
ARTICLE V
Effective Agricultural District
§ 320-23 Purpose.
The purposes of this article, among others, are as follows:
A.
To protect prime agricultural land and encourage the continuity, development and viability of agricultural operations as provided for in Sections 603(b)(5), 603(c)(7), 603(g)(1), 603(h), 604(3), and 605(2)(vii) of the Pennsylvania Municipalities Planning Code, as amended,[1] and the Conestoga Township Comprehensive Plan;
[1]
Editor's Note: See 53 P.S. §§ 10603(b)(5), 10603(c)(7), 10603(g)(1), 10603(h), 10604(3) and 10605(2)(vii), respectively.
B.
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
C.
To provide for the reasonable development of minerals;
D.
To reduce erosion and sedimentation;
E.
To provide development options for farmers to subdivide their properties for development in a configuration that protects the viability of the remaining land for agricultural production;
F.
To provide for agricultural uses and uses compatible with and supportive of agriculture;
G.
To limit the type and amount of nonagricultural uses within the district in order to avoid conflicts between agricultural and nonagricultural uses.
§ 320-24 Permitted uses.
A.
The following uses are permitted by right. A building or other structure may be erected, altered, or used and a lot may be used or occupied for any one of the following purposes and no other in accordance with the requirements of this article and other applicable provisions:
(1)
Agricultural operations, forestry, timber harvesting (when not clear-cutting).
(2)
Day-care facilities for fewer than six children, in single-family detached dwellings.
(3)
Dwelling of the owner/operator of the farm, on the parent agricultural tract, or dwelling on a parent tract.
(4)
Intensive agricultural uses, provided that the facility shall be set back not less than 250 feet from the nearest dwelling on an adjacent lot and not less than 150 feet from any lot line, and that the applicant shall comply with the regulations in § 320-149A, B, C, and D, although there shall be no requirement to apply for a conditional use approval.
(5)
Woodland, wildlife preserve, or conservation use.
(6)
Passive recreation use.
[Added 11-12-2013 by Ord. No. 2013-06]
B.
The following uses are allowed as special exceptions. The following uses are permitted when special exceptions are granted by written approval of the Zoning Hearing Board. In granting any special exceptions, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
C.
The following uses are permitted as conditional uses. The following uses are permitted when conditional uses are granted by written approval of the Board of Supervisors. In granting any special exceptions, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
D.
The following uses are allowed as accessory uses. The following are permitted as accessory uses located on the same lot with a permitted principal use:
(3)
Barns, silos, feed containers, and similar agricultural-related facilities, subject to the provisions in Table 1.
(8)
Roadside sales of farm products grown on the premises, provided off-road parking spaces are provided for the customers, subject to the provisions of § 320-79.
(9)
Other customary accessory uses and buildings, provided that they are incidental to the principal use.
E.
Incompatible uses. Uses not specifically permitted in § 320-24A through D above are not permitted in the Effective Agricultural District. In general, land uses and activities that induce nonfarm development generate large amounts of traffic, require substantial parking or could pose a threat to agricultural water supplies are deemed to be inconsistent with the purposes of the Effective Agricultural District. Without limiting the foregoing, the following land uses are deemed by the Township Board of Supervisors to have the effect of altering the essential character of the Effective Agricultural District and causing substantial and permanent impairment to the prevailing agricultural uses within this district and therefore are detrimental to the public welfare, and such uses will therefore be in contravention of the requirements set forth in Section 910.2 of the Pennsylvania Municipalities Planning Code[2] within the context of the consideration of variances, such as (but not necessarily limited to) landfills, quarries, golf courses, regional sewage treatment plants (excluding small community-oriented facilities), airports, and country clubs.
[2]
Editor's Note: See 53 P.S. § 10910.2.
F.
Conservation plan required. A conservation plan shall be required for any agricultural, horticultural, animal husbandry or forest uses that require substantial earthmoving activities of more than one acre of disturbed area in total. The commercial harvesting of trees shall receive an approved conservation plan by the Lancaster County Conservation District pursuant to Chapter 102, Erosion Control, of Title 25 Rules and Regulations, Department of Environmental Protection, or any prevailing regulations.
§ 320-25 Area and bulk regulations.
Agricultural uses. In order to preserve and promote the continuation of agricultural uses in the Effective Agricultural District, the following area and bulk regulations in Table 1 shall apply to all intensive and nonintensive agricultural uses:
Table 1, Bulk and Lot Requirements for Agricultural Uses: Effective Agriculture District | |
|---|---|
Regulation | Minimum Requirement |
Lot size | The minimum lot size for agricultural uses shall be 25 acres; each parent tract containing 25 acres or more shall be permitted to subdivide not more than 1 farm parcel and per every 25 acres that compose the parent tract, provided the remaining tract from which the parcel is divided shall not be reduced to less than 25 acres; the maximum number of parcels permitted for subdivision from the parent tract shall be determined by dividing the total area of the parent tract by 25; fractional values shall be rounded down to the next lowest whole number1 |
Maximum building height (feet) | 35, except that barns, silos, and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is not less than the height of the barn, silo, or bulk bin. In no case shall any building exceed 85 feet in height |
Minimum front yard setback (feet) | 502 |
Minimum lot depth (feet) | 250 |
Minimum lot width (feet) | 250 |
Minimum rear yard3 (feet) | 60 (25 for accessory buildings) |
Minimum side yard3 (feet) | 25 |
Maximum lot coverage | 5% |
NOTES: | |
|---|---|
1 | Exemptions from the provisions of this limitation: a) A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the parent tract from which the land is being taken and the tract to which the land is being transferred will be 25 acres or more after such subdivision; b) A subdivision, the sole purpose of which is to transfer not more than 1/2 acre of land to increase the size of an adjoining parcel, and which shall not result in the potential for creating additional lots for residential development. |
2 | In developed areas, the minimum building setback line requirements may be reduced in order that the building may be in proper relation to adjacent buildings, subject to § 320-75B. |
3 | Vegetation setback. On any non-farm parcel, no nonagricultural shrub or tree shall be planted within 20 feet and 30 feet, respectively, of any land used for agricultural purposes. |
§ 320-26 Nonagricultural dwelling or use notice.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The primary purpose of this district is to accommodate commercial agricultural production. Owners, residents, and other users of property in this district shall be subject to common characteristics of agriculture activities which are sometimes regarded as objectionable, including, but not limited to, the creation of noise, odors, dust, the operation of machinery of any kind during any time, the storage and application of manure, fertilizers, herbicides, etc., and the heavy or slow vehicle use of roads. Owners, residents, and users of this property should regard these activities as normal, ordinary, routine, and as unavoidable characteristics of an agricultural area and are furthermore assumed to have accepted these characteristics by willingly choosing to reside in the Effective Agricultural District. Owners, residents, and users of this property should be familiar with and aware of Section 4 of Pennsylvania Act 133 of 1982, the "Right to Farm Law,"[1] may bar them from obtaining a legal judgment against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 954.