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Heidelberg Township Lehigh County
City Zoning Code

PART 5

Agricultural Preservation District

27-501 Permitted Uses

A building or group of buildings may be erected, altered or used, or a lot may be used or occupied for one principal use for any of the following purposes in the Agricultural District. Upon demonstration to the Zoning Officer that the dimensional and other applicable requirements of this Chapter are met, the Zoning Officer shall issue a permit in accordance with §§27-1203 and 27-1204, as applicable. [Ord. 2010-1]

Refer to §27-404. Principal Uses Table 1.

HISTORY
Amended by Ord. 2024-5 on 12/30/2024

27-502 Accessory Uses

These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable regulations of this Chapter.

  1. Dwellings for temporary quarters for farm laborers, incident and necessary to the gathering of crops grown on the premises that conform to applicable State and Federal regulations for such structures.
  2. Also, refer to §27-404. Principal Uses Table 2.
HISTORY
Amended by Ord. 2024-5 on 12/30/2024

27-503 Special Exception Uses

Applications for these uses are subject to review by the Zoning Hearing Board according to the provisions of Part 11. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in §27-1108 are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in the Chapter, as it may deem necessary to implement the purpose of this Chapter and to protect the public health, safety, morals, and the general welfare.

Refer to §27-404. Principal Uses Table 1.

HISTORY
Amended by Ord. 2024-5 on 12/30/2024

27-504 Lot Area, Width, Lot Coverage, And Height Requirements

UseMinimum Lot Area
Minimum Lot Width
Maximum Lot Coverage
Maximum Building Height
Agriculturenonenone10%none
Residential [Ord. 2010-1]30,000 sq. ft.125 feet10%35 feet


HISTORY
Amended by Ord. 2024-5 on 12/30/2024

27-505 Minimum Yard Requirements

UseFront YardEach Side YardSide Yard with abutting street
Rear Yard
Agriculture and Animal Husbandry, except structures
none
none
none
none
Structures customarily associated with animal husbandry
50 ft.
100 ft.
50 ft.
100 ft.
Commercial compost heaps and similar uses and/or vector promoting uses [Ord. 2011-2]50 ft.
100 ft.
50 ft.
100 ft.
Accessory uses and structures50 ft.
15 ft.
50 ft.
15 ft.
All other uses, including structures customarily associated with agriculture
50 ft.
30 ft.
50 ft.
50 ft.


HISTORY
Amended by Ord. 2024-5 on 12/30/2024

27-506 Nonagricultural Dwelling Units

Single-family detached dwellings shall be constructed in accord with the following provisions. [Ord. 2000-2]

  1. Maximum Lot Size. A lot upon which a dwelling is to be constructed shall be no greater than 1 1/2 acres in size unless:
    1. The property owner can demonstrate that the area in excess of 1 1/2 acres is unsuitable for agriculture, as defined in paragraph .D.
    2. The physical characteristics of the land itself require a lot size in excess of 1 1/2 acres.
    3. A larger lot size is necessary to meet the requirements of Part 9.
  2. Maximum Percentage of Existing Lots to be Used. No more than one lot plus 10 percent of the area of each lot as it existed on the date of enactment of this Chapter shall be used for this purpose, including the area of any access roads constructed. The remainder of the lot shall be reserved for other allowable uses of this district.
    1. This provision shall be applicable to each lot recorded on the Lehigh County Tax Maps at the time of enactment of this Chapter and shall be applied cumulatively from that date, except as provided under paragraph .E. The Zoning Officer shall obtain the most recently available version of the Lehigh County Tax Maps and shall record thereon for which this provision is applicable.
  3. Soil Characteristics of Lots.
    1. The property owner shall locate the lots for single-family detached dwellings on the least agriculturally productive land feasible and in such a way as to minimize interference with agriculture production.
      1. Soils which fall within the Capability Classes IV through VIII, as described in the Soil Survey of Lehigh County, Pennsylvania (Series 1959, No. 31, issued November 1963), shall be considered the least agriculturally productive land.
      2. Areas which cannot feasibly be farmed (a) due to existing features of the site such as rock out-croppings or the fact that the area is heavily wooded or (b) due to the fact that the size or shape of the area suitable for farming is insufficient to permit efficient use of farm machinery shall be considered the next least agriculturally productive land.
    2. In the case where there is no area of his land which fits the criteria of paragraphs .A(1) and .A(2) which can feasibly be used for single-family detached dwellings, the property owner may use more agriculturally productive land.
    3. The applicant shall have the burden of proving that the land he seeks to subdivide for these purposes meets the criteria set forth in this Paragraph or Paragraph .D. In the case where the applicant disagrees with the classification given to the land by the Soil Survey of Lehigh County, Pennsylvania (Series 1959, No. 31, issued November 1963), he should contact the Natural Resource Conservation Service or hire a qualified geologist or soil scientist to perform a more detailed analysis. The Zoning Officer may use the results of this analysis in determining the applicability of the provisions of this Section.
  4. Suitability for Agricultural Use. The land shall be considered unsuitable for agricultural use if:
    1. Its soils fall within the Capability Classes V through VIII, as described in the Soil Survey of Lehigh County, Pennsylvania (Series 1959, No. 31, issued November 1963).
    2. It cannot feasibly be farmed (a) due to the existing features of the site such as rock out-croppings, rock too close to the surface to the permit plowing, swamps, the fact that the area is heavily wooded, or the fact that the slope of the area exceeds 15 percent or (b) due to the fact that the size or shape of the area suitable for farming is insufficient to permit efficient use of farm machinery.
  5. The provisions of this Section shall not be deemed to regulate the division of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access.

(Ord. 4-81, 12/28/1981, §560; as amended by Ord. 5-84, 10/5/1984, §5; by Ord. 96-2, 3/14/1996, §3; and by Ord. 2000-2, 10/12/2000, §3)

HISTORY
Amended by Ord. 2024-5 on 12/30/2024

27-507 Sale Of Agricultural Products And Agricultural Industries

  1. The following regulations shall apply to the sale of agricultural products at roadside stands:
    1. Fifty percent or more of the products sold shall be raised on the home premises.
    2. Off-street parking shall be provided at the rate of six parking spaces for each 1,000 square feet of sales area with a minimum of three spaces for any given establishment.
    3. Sufficient space shall also be provided for off-street backing and turning movements of vehicles so that the flow of traffic is not hindered.
    4. The provisions of this subsection shall not apply to the sale of agricultural products to other farmers, wholesalers and distributors.
  2. All structures associated with agricultural industries activity shall not be located closer than 500 feet from any existing dwelling unit, except on the home premises.

(Ord. 4-81, 12/28/1981, §570)

2024-5