East Earl Township City Zoning Code
ARTICLE V
Conservation/Open Space CO District
§ 450-20 Intended purpose.
The Conservation/Open Space (CO) District seeks to protect the rolling hills and wooded slopes of southern East Earl Township within the headwaters of the Mill Creek and Conestoga River watersheds from intensive development by limiting land uses and land use intensities to those which do not degrade the environmental quality of lands within the district. Existing soil and topographic characteristics severely limit development potential. As in the Agricultural (AG) District, lands within this district possess valuable and nonrenewable natural and cultural resources, and the subdivision of lots and the development of any use and structure permitted within this district shall be limited to protect and preserve the natural environment and watershed areas of the district. It is the intent of the Board of Supervisors to implement the mandate of the Pennsylvania Municipalities Planning Code, as amended,[1] to preserve lands within this district through the enactment of these regulations.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 450-21 Permitted uses.
A.
Single-family detached dwellings.
B.
Agricultural uses in accordance with § 450-110 herein, with the exception that earthen manure storage facilities are not permitted.
C.
The display and sale of farm or nursery 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.
Public park and recreation areas and facilities and similar nonintensive uses.
E.
Public and private conservation areas and structures for the conservation of open land, water, soil and wildlife resources and historic preservation.
F.
Electric and telephone public utility transmission and distribution facilities, including substations.
G.
Municipal facilities, including emergency services facilities, water pumping stations, reservoirs and similar structures.
H.
Uses and buildings customarily accessory and incidental to any permitted use.
I.
No-impact home-based businesses.
J.
Signs, subject to all applicable provisions, procedures, and requirements of Article XVIII herein.
K.
Outdoor solid-fuel-burning appliances.
L.
Small manure digesters.
§ 450-22 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.
Private park and recreation areas and facilities, game refuges and similar nonintensive uses.
B.
Public and private campgrounds and facilities, including remote and outback camping.
C.
Farm-related occupations.
D.
Riding school or horse boarding stable.
E.
ECHO housing.
F.
Commercial antennas, towers, and equipment for commercial operation.
G.
Agritourism uses.
H.
Conversion apartments.
I.
Accessory apartments.
J.
Event facilities.
§ 450-23 Conditional uses.
§ 450-24 Special provisions.
§ 450-25 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.
§ 450-26 Lot area, lot width and impervious coverage regulations.
B.
Number of dwelling units and lots permitted:
(1)
The combined maximum number of dwelling units and lots shall be based on the acres of contiguous land held in single and separate ownership as of the effective date of this Zoning Ordinance, which date for purposes of this section is August 9, 2005, the date of enactment of Ordinance No. 132 of 2005. See also herein the definition of "parent tract." 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 |
(2)
No subdivision shall be permitted which shall increase the lot size as set forth in Subsection A above. Any lot which 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.
(3)
All subdivisions and land developments, including all lot add-on plans, shall be subject to the scale identified in Subsection B(1) above. The only exemption from the requirements of Subsection B(1) 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.
(4)
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 land development, if any such right remains from the number allocated to the parent tract as of the effective date of this Zoning Ordinance amendment, or on the date when such land was first included within the Conservation/Open Space District.
(5)
In no event shall any tract of land which is subdivided or resubdivided after the same becomes subject to the provisions of this section, 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 B(1) of this section.
D.
Impervious coverage, all uses: Lot impervious coverage shall not exceed 20%.
§ 450-27 Setback regulations.
The following setback regulations apply to all uses permitted within this district unless otherwise specified herein:
A.
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.
B.
Side yards: 30 feet.
C.
Rear yard: 50 feet.
D.
Where required, buffer yards/screening shall be provided for in accordance with § 450-114 herein.
F.
When located adjacent to agricultural uses, shade trees shall not be planted closer than 10 feet to the affected property line.