Hamiltonban Township
City Zoning Code
City Zoning Code
ARTICLE VII
Agricultural Preservation AP District
§ 375-20 Statement of legislative intent.
It is hereby declared to be the intent of the AP District to:
A.
Protect and stabilize agriculture as an ongoing economic activity within appropriate areas of Hamiltonban Township by generally permitting only those land uses and activities which are agricultural in nature or act in direct support thereof.
B.
Discourage development from occurring on prime farmlands which are most conducive to high crop yields.
C.
Protect agriculture from incompatible uses which may also interfere with normal and customary agricultural practices within agricultural settings.
D.
Provide a range of opportunities for farmers to engage in direct marketing to consumers.
E.
Enable farmers to pursue a range of agriculturally supportive businesses that are supportive of the farm operation and that can provide supplemental income to the farm operation while providing agricultural and entertainment opportunities for customers.
§ 375-21 Use regulations.
A.
Permitted uses. The following uses are permitted in the AP District:
(1)
Agricultural operations, excluding agribusiness operations.
(2)
Agricultural society meeting hall and/or offices.
(3)
Animal hospital.
(4)
Cemetery, either as a principal use or as an accessory use to a place of worship.
(5)
Farms, excluding farms in which a component of the farm is an agribusiness operation.
(6)
Forestry.
(7)
Horticultural activities, including nurseries and greenhouses.
(8)
Kennel, commercial.
(9)
Places of worship.
(10)
Single-family detached dwellings.
B.
Accessory uses. The following uses are permitted as accessory uses to any permitted principal use in the AP District:
(1)
Detached accessory structures, including but not necessarily limited to detached garages and utility sheds.
(3)
Farm worker housing, as an accessory use to a farm or an agricultural operation, in accordance § 375-80U.
(4)
Growing or producing an agricultural product on a property other than a farm.
(8)
Processing of agricultural products on the property on which said agricultural products are grown or produced.
C.
Special exception uses. The following uses are permitted by special exception in the AP District in accordance with the following standards and criteria, any reasonable conditions that the Zoning Hearing Board may deem necessary, and in accordance with the procedures set forth in § 375-111 of this chapter:
(9)
Wireless communication facility, co-location, inside public right-of-way, proposed as either a stand-alone facility or as part of a DAS, in accordance with § 375-80UU.
(10)
Wireless communication facility, tower-based, inside public right-of-way, proposed as either a stand-alone facility or as part of a DAS, in accordance with § 375-80WW.
§ 375-22 General district requirements.
A.
General district requirements. All principal buildings, structures, and uses erected or established after the adoption date of this chapter shall comply with the following requirements:
(1)
Lot allocation. Existing parcels shall be permitted to subdivide the following number of lots, based upon the property size as of the original date of application of this chapter, as may be amended or reenacted, to the subject parcel:
Size of Property | Maximum Number of Lots |
|---|---|
0 acres to less than 10 acres | 3 |
10 acres to less than 25 acres | 4 |
25 acres to less than 50 acres | 5 |
50 acres to less than 100 acres | 6 |
100 acres to less than 150 acres | 7 |
150 acres to less than 200 acres | 8 |
Over 200 acres | 8, plus 1 lot for each 50 acres over 200 acres |
(2)
Resubdivision of lots created after the original date of application of this chapter to the subject parcel shall be subject to the overall lot allocation determined for the parcel as it existed on said original date of application.
(3)
Large lot/lot consolidation option. Landowners may elect to combine the lot allocations that they are entitled to by the scale established in § 375-22A(1) to create a lot that is larger than the ordinarily required maximum lot area for the given use. If this option is elected, the maximum area of the large lot created by combining two or more of the entitled lot allocations shall be determined by adding two acres to the maximum lot size for the given use for each additional lot allocation used to create the new lot.
(4)
Where new lots are proposed in accordance with this section, but where all of the lots allocated in § 375-22A(1) are not used, the subdivision plan shall indicate which lot or lots retain the right to subdivide the remaining lot allocation.
(5)
All subdivision plans shall indicate the number of lots allocated to the parent tract, based on the scale established in § 375-22A(1), the number of lots previously subdivided from the parent tract, the number of new lots proposed by the subdivision plan, and the number of lots remaining from the allocation that may be subdivided.
B.
All subdivision plan submissions shall include a sheet that depicts existing site characteristics associated with agricultural function of the property and area. This information can be incorporated into an overall existing conditions sheet for the subdivision plan. The sheet shall include the following information:
(1)
Size, shape and dimensions of the farm or property; size and location of all existing building; and size, location and use of all proposed buildings or lots.
(2)
Lots or uses previously approved under these regulations.
(3)
Land under active cultivation and land in woodlots or forests.
(4)
Soil information for the parcel, including extent of prime farmland, soil series and soil capability class, subclass, and unit as classified by the most current version of the Soil Survey of Adams County, Pennsylvania, as published by the United States Department of Agriculture, Natural Resources Conservation Service. Any property owner who disagrees with the classification of his or her property or any part of it by the most current version of the Soil Survey of Adams County, Pennsylvania, may submit a scientifically based analysis of the soils on that portion of the property which he or she seeks to develop.
C.
Applications to subdivide a property shall be subject to the following criteria:
(1)
All nonagricultural uses or lots shall be established or located on nonprime farmland (soil capability Classes III to VIII), when such land is available; or on lots or lands which cannot feasibly be farmed due to existing features of the site such as rock outcroppings, heavily wooded areas, or property configuration that is insufficient to permit the efficient use of farm machinery. In all cases, such lots shall be located on the least agriculturally productive land feasible, and so as to minimize interference with agricultural production.
(2)
The least suitable farmland (highest number soil capability unit) shall be utilized for development in all cases, unless the applicant can demonstrate its unsuitability for the proposed use. When a soil has been determined to be unsuitable because of slope, drainage, flooding, sewage disposal deficiencies or other physical characteristics, then the least suitable remaining farmland shall be utilized for development.
(3)
When a farm or property is comprised entirely of prime farmland (soil capability Classes I and II), then the least suitable or least prime land shall be utilized for development.
(4)
Lots and uses shall be grouped, where possible, adjacent to other similar lots and uses to avoid a scattering of development. Lots and uses shall not be located near intensive farming operations.
§ 375-23 Dimensional requirements.
B.
Maximum lot area.
(1)
Single-family detached dwelling: two acres, unless the large lot/lot consolidation option established in § 375-22A(3) is applied.
(2)
Nonresidential uses not associated with a farm or agricultural operation: four acres, unless the large lot/lot consolidation option established in § 375-22A(3) is applied.
(3)
Farm and agricultural operation uses: none.
D.
Minimum front setback: 35 feet.
E.
Minimum side setback: 20 feet.
F.
Minimum rear setback: 20 feet.