Halfmoon Township City Zoning Code
ARTICLE III
Agricultural District A-1
§ 255-12 Statement of intent.
The purposes of this district and in particular the rural preservation development permitted use provisions are to encourage continued agricultural uses, to protect natural resources, to preserve the rural character of the Township and to ensure that growth results in a community of functional neighborhoods and increases collective security and community identity. A reasonable balance should be maintained between the pressure for new residential development and the desire of Township residents to continue to benefit from rural pursuits. It is recognized that continuing agricultural uses may have adverse effects on new and existing residential uses; however, these conflicts can be minimized through thoughtful planning. Residents value the natural features of the Township and intend to preserve streams, wetlands, farmland, woodlands, mountain ridges and open lands.
§ 255-13 Uses; area and bulk regulations.
A.
Uses permitted by right. A lot or parcel of land may be used and buildings or structures may be erected and used for any of the following purposes:
(1)
Agricultural uses related to the tilling of the land, the raising of farm products, the raising and keeping of livestock and poultry, including the sale of farm products produced on the premises, and maintaining of kennels.
(2)
Horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers, and other plant materials.
(3)
Forestry uses related to the harvesting of lumber products, including the establishment and operation of equipment necessary for the harvesting of trees.
(4)
Activities related to the preservation of natural amenities.
(5)
Game farms.
(6)
Rural preservation developments.
(a)
Residential development on a parent tract of 10 acres or more must follow the design standards of § 215-24, Rural preservation design standards.
(b)
Residential development on a parent tract of less than 10 acres may follow the design standards of § 215-24. However, parcels of less than 10 acres existing at the time of adoption of this chapter electing not to develop under the rural preservation standards shall be deemed traditional developments.
(c)
Lot exemptions. All parcels that are 10 acres or larger in area at the time of enactment of this subsection will be entitled to subdivide up to four lots from the parent tract without having to comply with rural preservation design standards. Lots less than 10 acres created under this exemption shall be restricted from further development by permanent deed restriction. Lots 10 acres or greater created under this exemption and the remainder of the parent tract shall comply with rural preservation design standards if resubdivided at any time in the future.
(7)
Limited commercial uses.
(a)
Intent and purposes. It is the intent of this subsection to permit the preservation of agricultural buildings and rural character while at the same time allowing certain limited commercial uses to promote economic growth in the Township, but shall be limited to those structures which comply with the following:
[1]
Minimum tracts size shall be 10 acres.
[2]
Limited to the permitted commercial uses as set forth in the Commercial Zoning District.
[3]
Farm structures must have been in existence on October 10, 1996 (the original passage of this chapter).
[4]
Commercial uses limited to farm structures for which the original agricultural intent may no longer be viable.
[5]
Structures must be in conformance with present AG District setbacks.
[6]
Commercial uses are limited to two buildings on a property.
[7]
A change of use application must be applied for, paid, and approved by the Township and Township Zoning Officer.
[8]
The integrity of the structure(s) shall be maintained pursuant to an approved Centre Region Code Agency building permit and inspection.
[9]
Minimum renovations to the exterior, if required, are as follows:
[10]
Exterior alterations or changes shall not be permitted except as required in Subsection A(7)(a)[8] or [9] above.
[11]
Outdoor storage of any kind is prohibited.
[12]
Temporary outside display of items is permitted during daylight hours on nor more than 32 square feet and must be in compliance with setbacks and be shown on the site plan.
[13]
Outdoor signs are permitted and must conform to the requirements of the Township's Sign Ordinance.
[14]
Prohibited uses are:
[a]
Those which deal with or may produce hazardous or noxious materials, including but not limited to dry-cleaning operations, mortuaries, bulk petroleum product sales, bulk petroleum storage facilities, commercial truck washing facilities, vehicle repair (except that which takes place entirely within the structure).
[b]
Those which convey a temporary or haphazard appearance, including junk shops, flea markets, ongoing garage or yard sales and similar activities.
[c]
Those which may attract large groups of patrons at one time and are more properly sited in the commercial zone, specifically bus passenger stations, hotels and motels, entertainment and amusement enterprises, including billiard parlors, video arcades, bowling alleys, skating rinks, health clubs, motion-picture theaters, arenas, stadiums, auditoriums and similar activities.
(8)
Limited industrial uses on five-acre or larger parcels shall be permitted. The aforesaid permitted uses shall include only the following:
(a)
Public and private garages for the storage and maintenance of motor vehicles, inspection of vehicles, and accessory use or sale of new and used vehicle parts;
(b)
Yard storage of equipment, road materials, excavation, electrician, construction trades, well-driller, and/or septic operations, businesses to include offices;
(c)
Machine shop, small engine repair shop, furniture making shop, woodworking shop;
(d)
Residences of bona fide caretakers and/or owner operators; and offices necessary to conduct said businesses.
(e)
Screening. A planted visual barrier or landscape screen shall be provided between any district and a contiguous residentially zoned district. In keeping with the rural character of the Township, this screen shall be composed of plants and trees arranged to create a natural appearance through varying types, heights and spacing of vegetation as well as varying terrain. Existing trees of at least four inches caliper, i.e., trunk diameter at breast height, shall be retained which are suitable to function in the screening. With respect to two contiguous parcels, one being in the agricultural district and the other in the residential district, the more recently established use shall be responsible for installing the screening at its owner's expense.
[1]
Within the landscape screen trees shall be planted as follows:
[a]
At intervals of not less than 10 feet and not more than the tree species allows for spacing on center between trees, though not evenly spaced across as the screen width, nor planted in a straight line as screen length.
[b]
At the time of planting deciduous trees shall be at least two inches in caliper.
[c]
At the time of planting conifer or evergreen trees shall be at least five feet tall.
[2]
Within the landscape, screen shrubs shall be planted as follows:
[a]
At intervals of not more than five feet, though not evenly spaced across as screen width, nor planted in a straight line as screen length.
[b]
At the time of planting deciduous trees shall not exceed one-third of the total shrubs planted and shall be at least two feet tall.
[c]
At the time of planting conifer or evergreen shrubs may exceed 2/3 of the total planted and shall be at least three feet tall.
[3]
All trees and shrubs in the screen must be hardy and perennial in Halfmoon Township.
[4]
All plants not surviving three years after planting, or in perpetuity thereafter, must be replaced at the expense of the property owner.
[5]
The Supervisors, at their option, may require a constructed visual barrier of an acceptable fence or wall which shall not be less that four feet nor more than six feet in height; and/or earth mounding, to properly screen and protect adjacent residentially used areas, in combination with the landscape screen.
(9)
Storage. All storage shall be completely screened from view and from any public right-of-way and any residentially used lot. Screening shall consist of evergreen planting or an architectural screen installed at a minimum height of six feet, and at the height of the vermin-proof container or dumpster. All organic rubbish or storage shall be contained in an airtight, vermin-proof container which shall also be screened from view from any public right-of-way or abutting residential district. The exterior storage of tractor trailers which supply or service establishments in the district shall be prohibited. The limited industrial uses permitted by § 255-13A(7) shall screen outdoor storage from view form any agriculturally or residentially used property, including state game lands.
(10)
Landscaping.
(a)
Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan as recommended by the Planning Commission and approved by the Board of Supervisors. All sites and parcels of land adjacent to a public street or dedicated service roadway shall maintain a landscaped strip adjacent to the right-of-way at least 15 feet. This area shall not be used for building, parking spaces, aisles or storage, and only approved driveways shall be permitted to be constructed on or across this strip. The right-of-way of any public street, highway, or service road shall not be used for any use incidental to the adjoining property.
(b)
The landscape plan shall indicate all landscaped areas, plant and landscaping materials to be used and a replacement program for nonsurviving plants.
(c)
The Planning Commission may make recommendations to the Board of Supervisors. The Board of Supervisors shall reserve the right to include any additional requirements to the landscape plan that they feel is necessary to protect and promote the public health, safety, and general welfare.
(d)
The developer shall be responsible and obligated to carry out the approved landscape plan in an expedient manner.
(11)
Access and traffic control.
(a)
All access to any arterial street or highway shall be by indirect means when possible.
(b)
The means of indirect access shall be either by access to a local public street which connects to the arterial street or highway by a service road parallel to the arterial street or highway. All service roadways shall be dedicated to the public and shall have a minimum right-of-way of 40 feet and a minimum cartway of 24 feet. Service roadways shall be required to allow access (by their extension) to adjoining properties' lines. Service road access to arterial streets and highways may be permitted, provided the distance from other points of access (including public streets) is not less than 500 feet and where the sight distance of oncoming traffic is not less than 500 feet.
(12)
Interior circulation.
(a)
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way as approved by the Planning Commission and Township Supervisors.
(b)
All interior drives shall be designed in relation to the parking areas and pedestrian circulation routes to minimize the conflicts between parking, pedestrians and vehicle circulation.
(c)
Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles, shall be adequate in size, and shall be so arranged that they may be used without blockage, or interference with the use of accessways or automobile parking facilities.
B.
Accessory uses. The following uses are normal in this district:
C.
Conditional uses. The following uses shall be permitted on parcels of land in the A-1 District as conditional uses subject to the conditions prescribed under Article XIII and other below:
(1)
Quarry/extraction operations in accordance with this chapter.
(2)
Uses and equipment for processing natural resources, such as asphalt plants, ready-mix concrete plants and saw mills, etc., asphalt plants and ready-mix concrete plants shall be in accordance with this chapter.
(3)
Community sewage treatment plants.
(4)
Recreational facilities, such as vehicular race tracks, campgrounds, youth camps, gun clubs, hike, bike or horse paths, golf courses, tennis courts, picnic areas, hunting or targeting facilities or preserves, or other organized sport arrangements.
(5)
Public service and public utility uses.
(6)
Multifamily dwellings.
(7)
(Reserved)
(8)
Veterinary hospital/clinic.
D.
Area and bulk regulations.
(1)
Maximum lot density:
(a)
Single-family dwelling: one acre per dwelling unit.
(b)
Two-family or multifamily dwellings: 0.75 acre per dwelling unit, plus:
[1]
One-tenth acre per living unit for common open space to be grouped next to Subsection D(2)(b) below;
[2]
For every four units a tot-lot space of 200 square feet;
[3]
A garden plot space of 300 square feet for each unit;
[4]
A seventy-five-foot wide landscaped or grassed strip between the structures. The spaces shall be measured separately and the required driveways or parking shall not be measured as part of this section and the remaining space required by this chapter may be farmed or left in open space land with no other structures added.
(c)
Mobile home park space: one acre per dwelling unit.
(3)
Minimum lot depth: 125 feet.
(7)
Access spacing:
(a)
One hundred fifty feet minimum on same side of collector or arterial street, provided that the sight distance shall be 250 feet minimum in each direction as determined by standing 10 feet back from the edge of the street cartway at the point where the driveway meets the street with an eye height of 42 inches above the access surface.
(b)
On a local street the minimum access spacing shall be 50 feet, as measured from the center line of each driveway.
§ 255-14 Exceptions for agricultural areas.
Storage of manure and new barn construction is not permitted closer than 300 feet from any residential or commercial building where both are not owned by the same person. Nothing in this chapter shall prohibit the expansion of existing nonresidential farm structures.
§ 255-15 Parking.
Parking and off-street parking shall conform to the standards set forth in Article X.