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East Earl Township City Zoning Code

ARTICLE IV

Agricultural AG District

§ 450-13 Intended purpose.

The Agricultural (AG) District seeks to promote the continuation and preservation of agricultural activities within the area of East Earl Township having the most productive agricultural soils. Areas contained within the zone have been specifically identified as possessing valuable and notrenewable natural and cultural resources. The provisions of the Agricultural (AG) District intend to limit the total number of new dwellings and subdivisions and the maximum lot sizes of nonagricultural uses so as to avoid the creation of farmettes, which reduce the productivity of the Township's agricultural economy. This zone also intends to protect and stabilize the Township's viable agricultural economy by prohibiting uses that are incompatible with farming, while permitting limited agricultural support businesses. As new non-agriculturally related residential uses will be limited, any future residents of this zone must be willing to accept the impacts associated with daily farming practices and related agricultural businesses.

§ 450-14 Permitted uses.

A. 
Agricultural uses in accordance with § 450-110 herein, with the exception that earthen manure storage facilities are not permitted. In conjunction with any agricultural use in this zone on a lot of record in existence as of May 10, 1983, one principal single-family dwelling "first dwelling" occupied by the person conducting the agricultural use and his or her family shall be permitted as of right. In addition, a second principal single-family dwelling "second principal dwelling," which may be either an add-on to the first dwelling or a separate structure shall be permitted on such a lot of record, provided the applicant demonstrates compliance with and agrees to abide by all of the conditions below. Permission for a second principal residence shall not affect potential approval for an accessory apartment or ECHO housing unit as otherwise provided herein.
(1) 
The occupants of the second principal dwelling shall be members of the same family who occupy the first principal dwelling or a full-time employee of the farm on which the first principal dwelling is situated.
(2) 
The lot of record must be used for agricultural purposes.
(3) 
Prior to construction of the second principal dwelling, approval shall be obtained from the Pennsylvania Department of Environmental Protection and/or the Township's Sewage Enforcement Officer for the type of sewage treatment method proposed.
(4) 
A sketch plan shall be submitted with any application for a second principal dwelling depicting it and all relevant features necessary for the Zoning Officer to determine compliance with all applicable dimensional provisions of this chapter.
(5) 
If the second principal dwelling is proposed to be a structure separate from the first principal dwelling, the second principal dwelling shall be located on the lot of record in such a way to permit, if allowed by this chapter, subdivision of the second principal dwelling from the lot of record in compliance with all provisions of this chapter relating to single-family dwelling use.
(6) 
The second principal dwelling shall be located at a location to comply with all governing floodplain requirements, whether stated in this chapter or elsewhere.
(7) 
East Earl Township's Farm Housing Agreement, which is available at the Township Office, shall be executed by the property owners and East Earl Township, and recorded at the Lancaster County Office of the Recorder of Deeds.
(8) 
By filing an application for a second principal dwelling, the applicant and occupants of the first and second principal dwellings agree that the Township Zoning Officer and/or Township representatives shall be entitled to reasonably inspect the lot of record and all structures on it for the purpose of verifying compliance with this section, and shall agree upon request by the Township to annually provide information to the Township concerning the use and occupancy of the second principal dwelling to verify compliance with this section.
(9) 
Any subdivision sought for the lot of record (which would necessarily require compliance with § 450-17of this chapter) shall include a subdivision of the second principal dwelling.
(Note: The East Earl Sewer Authority does not permit a second dwelling hookup for sewer on a single property or lot.)
B. 
Farm-related occupations.
C. 
The display and sale of farm products as an accessory use to the principal farm use, provided that:
(1) 
At least 1/2 of all farm and nursery products sold must be grown, raised, or harvested on the premises.
(2) 
Any permanent structure used to display and sell such goods shall be located at least 50 feet from any property line and the legal right-of-way line of any street. The sale of farm products from a portable stand shall be located a minimum of 25 feet from the street right-of-way and shall be removed at the end of the growing season. Mobile stands (i.e., farm wagons, pickup trucks, etc.) shall be located outside the street right-of-way.
(3) 
The structure and necessary parking area shall together not occupy more than 4,000 square feet of area for each farm.
(4) 
All customer parking spaces shall be located outside of the abutting street right-of-way.
(5) 
If required, the applicant shall obtain a driveway permit prior to the issuance of a permit for the farm stand.
(6) 
Farm stands not conforming to the above criteria shall require a special exception approval from the Zoning Hearing Board.
D. 
Single-family detached dwellings.
E. 
Public park and recreational areas and facilities.
F. 
Public and private conservation areas and structures for the conservation of open land, water, soil and wildlife resources and historic preservation.
G. 
Uses and buildings customarily accessory and incidental to any permitted use.
H. 
No-impact home-based businesses.
I. 
Municipal buildings and facilities, including emergency services facilities, sewage and water pumping stations, reservoirs, and similar structures.
J. 
Signs, subject to all applicable provisions, procedures, and requirements of Article XVIII herein.
K. 
Outdoor solid-fuel-burning appliances.
L. 
Small manure digesters.

§ 450-15 Special exceptions.

The establishment and/or expansion of the following uses may be permitted by the Zoning Hearing Board pursuant to standards and criteria as set forth in Articles XXII and XXV herein.
A. 
Kennels.
B. 
Veterinary facilities.
C. 
Home occupations.
D. 
Accessory apartments.
E. 
Bed-and-breakfast establishments.
F. 
Churches and related uses.
G. 
Cemeteries and monument sales.
H. 
Public and private schools.
I. 
Public utility and communication uses.
J. 
Adaptive reuse of agricultural buildings for off-site storage purposes.
K. 
Permanent sawmills.
L. 
Rural accessory business uses.
M. 
Intensive agricultural production facilities.
N. 
The retail sale of nursery and garden materials.
O. 
Riding school or horse boarding stable.
P. 
ECHO housing.
Q. 
Commercial antennas, towers, and equipment for commercial operation.
R. 
Agritourism uses.
S. 
Large manure digesters.
T. 
Conversion apartments.
U. 
Game refuges.
V. 
Vacation rental houses.

§ 450-15.1 Conditional uses.

[Added 7-13-2021 by Ord. No. 212]
The establishment and/or expansion of the following uses may be permitted by the Board of Supervisors pursuant to standards and criteria as set forth in Article XXI herein.
A. 
Agricultural support businesses.

§ 450-16 Height regulations.

A. 
No height restrictions shall be placed upon agricultural structures.
B. 
The height of a principal residential building shall not exceed 35 feet.
C. 
The height of a principal nonresidential building, except agricultural structures, shall not exceed 30 feet.
D. 
The height of a nonagricultural accessory structure shall not exceed 24 feet.

§ 450-17 Dimensional and impervious coverage regulations.

A. 
Number of dwelling units and lots permitted.
(1) 
In order to preserve agricultural tracts, it is the expressed intent of this section that the subdivision lots from farms or the development of nonagricultural uses and structures on existing farms shall be limited. In addition, it is the expressed intent of this section that the maximum size of lots created for any use other than agriculture, be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes. It is the intent of the Board of Supervisors to implement the mandate of the Pennsylvania Municipalities Planning Code, as amended,[1] to preserve prime agricultural land through the enactment of these regulations.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
The combined maximum number of dwelling units and lots shall be based on the acres of contiguous land held in single and separate ownership, the "parent tract," as defined herein) on May 10, 1983, or, if such land was not classified as Agricultural District on May 10, 1983, the date on which such land was first zoned Agricultural District. The following scale shall be used to determine the permissible subdivision/land development:
Size of Parcel or Use
(acres)
Permitted Number of Dwellings/Lots
0 to 4.99
0
5 to 99.99
1
100 to 199.99
2
200 or more
3 plus 1 additional dwelling/lot for each additional 100 acres
(3) 
Any land development, the purpose of which is to permit the erection of a permanent single-family dwelling on a parent tract which has been previously improved with a dwelling, which also will remain upon the tract, or to permit the erection of a structure for an additional principal use of the parent tract, including any and all other agricultural uses, shall be considered a subdivision for purposes of this section. In addition, an agricultural subdivision, as stated above, shall refer to the subdivision of any existing farm into two or more separate farms. It is the purpose and intent of this section to limit the development of agricultural tracts regardless of whether such development is accomplished by subdivision or land development as those terms are defined herein.
(4) 
No subdivision shall be permitted which shall increase the lot size as set forth for the uses listed in Subsection B below. Any lot that is three acres or less in size shall be presumed to be used for residential or nonagricultural purposes and the size of such lot shall not be increased in acreage to a size less than 10 acres, except that the Zoning Hearing Board may approve by special exception an increase in the size of such lot to less than 10 acres, subject to the following:
(a) 
Approval shall be subject to the approval and recording of a lot add-on plan.
(b) 
The lot resulting from the lot add-on shall be used only for residential purposes and for the growing of vegetables for sale at wholesale or retail. No breeding, raising, keeping or boarding of cattle, horses, sheep or other animals; including without limitation, the breeding, raising, keeping or boarding of dogs or operation of a kennel; shall be permitted for any commercial or agricultural purpose; provided that a horse or horses may be kept on the premises where horses provide the sole means of transportation for the owner or tenant living on the premises.
(c) 
No building shall be constructed or erected on the lot add-on portion of the premises, which restriction shall be specifically set forth on the lot add-on plan and set forth in a deed for the premises created by the lot add-on.
(d) 
The lot add-on shall not adversely affect the agricultural use and production of any adjacent remaining lands used for agricultural purposes.
(5) 
All subdivisions and land developments, including all lot add-on plans, shall be subject to the scale identified in Subsection A(2) above. The only exemption from the requirements of Subsection A(2) is a subdivision to create a lot which will be transferred to the Township, a municipal authority created by the Township or other governmental entity.
(6) 
Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or nonagricultural land development, if any such right remains from the number allocated to the parent tract on May 10, 1983, or on the date when such land was first included within the Agricultural District, whichever is later. The right of further subdivision or nonagricultural land development or a note stating that no further subdivision or nonagricultural land development is permissible, shall also be included on the recorded subdivision/land development plan and in the deed to the newly created lot. In the event that a lot, which was not classified as part of the Agricultural District on May 10, 1983, is or was thereafter classified as part of the Agricultural District, the size and ownership of any such lot, on the effective date of the change in zoning classification, shall determine the number of lots which may be subdivided from or the number of single-family dwellings or other principal nonagricultural buildings which may be erected on such lot.
(7) 
In no event shall any tract of land which is subdivided or resubdivided after the same becomes subject to the provisions of this § 450-17, nor any of the lots which are created by such subdivision or resubdivision, result in an increase in the number of dwellings or lots permitted by Subsection A(2) of this section.
B. 
Lot area.
(1) 
Agriculture. Minimum lot area shall be 10 acres.
(2) 
Wholesale horticulture and floriculture uses. Minimum lot area shall be two acres.
(3) 
Churches or similar places of worship, parish house, convents, and public and private schools: Maximum lot area shall be 10 acres.
(4) 
Single-family detached dwelling:
(a) 
Minimum lot area: two acres.
(b) 
Maximum lot area: three acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by the Township and/or DEP, a larger lot area is required to accommodate an individual on-lot sewage disposal system.
(5) 
All other uses. Lot area shall be based upon required setbacks, impervious coverage, parking and loading/unloading area standards, but in no instance shall be less than one acre nor greater than three acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by the Township and/or DEP, a larger lot area is required to accommodate an individual on-lot sewage disposal.
C. 
Lot width. The minimum lot width shall be not less than:
(1) 
One hundred fifty feet at the minimum building setback line.
(2) 
Fifty feet at the dedicated right-of-way.
D. 
Impervious coverage, all uses: Impervious coverage shall not exceed 25%.

§ 450-18 Setback regulations.

The following setback regulations shall apply to all uses permitted within this district unless otherwise specified herein:
A. 
Principal uses.
(1) 
Front yard. The minimum front yard required shall be that distance established between the right-of-way line of a public or private road and the building line as stated in Article XX of this chapter.
(2) 
Side yards.
(a) 
Single-family residential uses: 20 feet.
(b) 
Agricultural uses and farm-related occupations: 50 feet.
(c) 
Other uses: 50 feet.
(3) 
Rear yard.
(a) 
Single-family residential uses: 40 feet.
(b) 
Agricultural uses and farm-related occupations: 50 feet.
(c) 
Other uses: 50 feet.
B. 
Nonagricultural accessory buildings and structures shall provide setbacks in accordance with Article XVI herein.
C. 
Where required, buffer yards/screening shall be provided in accordance with § 450-114 herein.
D. 
For permitted yard reductions, refer to Article XX herein.
E. 
When located adjacent to agricultural uses, shade trees shall not be planted closer than 10 feet to the affected property line.

§ 450-19 Off-street parking/loading/access.

Off-street parking/access and loading/unloading shall be provided in accordance with Article XIX and the applicable Subdivision and Land Development Ordinance, as amended.[1]
[1]
Editor's Note: See Ch. 380, Subdivision and Land Development.