Mussey Township City Zoning Code

AG AGRICULTURAL

DISTRICT

§ 153.030 INTENT.

These areas are intended to provide for continued agricultural uses. In addition, the purpose of this District is to permit very low density, rural home sites on large parcels or clusters of home sites within an open space housing development while preserving the agricultural uses and rural characteristics of the area.

(Ord. passed 10-11-2000)

§ 153.031 PRINCIPAL PERMITTED USES.

In an Agricultural District, no building or land shall be used and no building shall be erected except for one or more of the following uses.

(A) (1) General and specialized farming of agricultural products and agricultural activities, including the raising or growing of crops, livestock, poultry, bees and other farm animals, products and foodstuffs. Any building or structure may be located thereon and used for the day-to-day operation of such activities, for the storage or preservation of said crops or animals, products and collection, distribution or processing, and for the incidental sale of crops, products and foodstuffs raised or grown on said parcel or in said building or structure.

(2) The following additional agricultural uses shall be permitted:

(a) Storage, retail or wholesale marketing, or processing of agricultural products into a value-added agricultural product is a permitted use in a farming operation if more than 50% of the stored, processed or merchandised products are produced by the farm operator for at least three of the immediately preceding five years;

(b) Cider mills or wineries selling product, in a tasting room, derived from crops grown primarily on-site for at least three of the immediately preceding five years, provided that the premises is licensed by the State Liquor Control Commission;

(c) Direct marketing of produce in a farm market or on-farm market provided that any building or combination of buildings used for such purposes contain a total of not more than 2,500 square feet. A temporary roadside stand shall also be permitted provided that it shall comply with all regulations set forth in § 153.033(B)(3);

(d) Seasonal U-pick fruits and vegetables operations;

(e) Seasonal outdoors mazes of agricultural origin such as straw bales or corn;

(f) Food sales/processing, processing any fruits/produce;

(g) Uses in divisions (A)(2)(b) through (A)(2)(f) above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the farm is maintained and the income from these activities represents less than 50% of the gross receipts from the farm:

1. Value-added agricultural products or activities such as education tours or processing facilities and the like;

2. Bakeries selling baked goods containing produce grown primarily on-site (e.g., minimum 50%);

3. Playgrounds or equipment typical of a school playground, such as slides, swings and the like (not including motorized vehicles or rides);

4. Petting farms, animal display and pony rides;

5. Wagon, sleigh and hayrides;

6. Nature trails;

7. Open air or covered picnic area with restrooms;

8. Educational classes, lectures and seminars;

9. Historical agricultural exhibits;

10. Kitchen facilities, processing/cooking items for sale;

11. Gift shops for the sale of agricultural products and agriculturally related products; and

12. Gift shops for the sale of non-agriculturally related products such as antiques or crafts, limited to 25% of gross sales.

(h) Non-agriculturally related uses listed as permitted uses above may include the following ancillary uses as temporary land uses: small-scale entertainment (e.g., music concert, car show or art fair), family-oriented animated barns (e.g., fun houses, haunted houses or similar) and small mechanical rides provided that:

1. A temporary use permit shall be obtained from the Zoning Administrator. Said temporary use permit shall be valid for only one period of use. A fee may be charged for said permit;

2. Said use shall be permitted only for one period per year not to exceed consecutive 60 days;

3. Applicant must provide evidence of liability insurance coverage, acceptable to the township, of not less than $1,000,000;

4. Inspections shall be conducted by the Building Inspector, and other officials as may be required, prior to the period of use. Evidence of approval in the form of an inspection certificate shall be provided to the Zoning Administrator prior to the issuance of a temporary land use permit. A fee may be charged covering the cost of such inspection(s) and certificate(s); and

5. Notwithstanding other provisions of this chapter, said use need not be accessory to a bona fide farm or agricultural use provided that:

a. It is located on a parcel of not less than five acres; and

b. Has been in existence, has been lawfully approved by the township, and has been operated for at least one season prior to the effective date of this chapter provision.

(B) Single-family homes in accordance with § 153.150 and, where applicable, § 153.151;

(D) Public buildings without outdoor storage yard;

(E) Home occupations; and

(F) Uses similar to the principal permitted uses listed above may be permitted by the Planning Commission based upon findings of fact.

(Ord. passed 10-11-2000; Ord. 26, passed 6-10-2009; Ord. 36, passed 6-8-2016) Penalty, see § 153.999

§ 153.032 SPECIAL LAND USES.

The following special land uses shall be permitted only after review and approval by the Planning Commission, subject to the requirements and standards of §§ 153.205 through 153.244 and the submission of a site plan conforming with the requirements of § 153.180:

(A) Agricultural implement sales and service facilities (§ 153.240);

(B) Cemeteries (§ 153.207);

(D) Airports (§ 153.206);

(E) Single-family cluster density bonus option (§ 153.239);

(F) Disposal areas (§ 153.210);

(G) Kennels; raising of fur-bearing animals (§ 153.213);

(H) Group day care homes (§ 153.217);

(I) Utility and public service facilities (§ 153.221);

(J) Wireless communication facilities (§ 153.230);

(K) Yard waste composting facilities (§ 153.222);

(L) Single-family accessory apartment (§ 153.223);

(M) High volume wells or well systems (§ 153.234);

(N) Equestrian stables and riding academies (§ 153.236);

(O) Mining and extraction (§ 153.215);

(P) Golf courses (§ 153.211);

(Q) Agricultural produce processing, transferring and storage facilities (§ 153.238);

(R) Veterinary clinics (§ 153.242);

(S) Bed and breakfast provided that such use is part of a bona fide farm;

(T) Direct marketing of produce, farm market, on-farm market with when a building or combination of building contain more than 2,500 square feet, roadside stand if the sales area is greater than 200 square feet in building area;

(U) Restaurant operations when incidental and accessory to other permitted agricultural tourism uses on the site;

(V) Non-agriculturally related uses listed as permitted uses in the zone but which include any of the following ancillary uses shall require a special use permit:

(1) Permanent, organized meeting space for use by weddings, birthday parties, and corporate picnics; and

(2) Designated, permanent parking for more than 20 vehicles.

(W) Mud bogs, including use of motorized off-road vehicles of all types on any terrain (§ 153.244).

(X) Home occupation for medical marihuana primary caregivers facilities.

(Ord. passed 10-11-2000; Ord. 25, passed 4-9-2008; Ord. 26, passed 6-10-2009; Ord. 32, passed 2-13-2013; Ord. 44, passed 2-9-2022)

§ 153.033 ACCESSORY STRUCTURES AND USES.

(A) Accessory buildings, structures and uses shall be permitted in accordance with § 153.168.

(B) In addition, the following accessory structures and uses may also be permitted subject to the provisions of this section:

(1) Garage and yard sales provided that:

(a) The sale is limited to no more than five consecutive days;

(b) There are no more than two sales per calendar year; and

(c) Only the homeowner or occupant shall conduct such a sale (this item does not apply to estate sales for deceased homeowners).

(2) Home occupations;

(3) One temporary roadside stand for the purpose of selling produce shall be permitted subject to the following:

(a) Only produce raised or produced by the owner or the owner’s family on the parcel(s) upon which the stand is located shall be offered for sale;

(b) The stand shall be no more than 200 square feet and shall not exceed one story or 14 feet in height; and

(c) The stand shall be located a minimum of 30 feet from the front property line and shall be located so as to accommodate vehicle ingress, egress and parking on a defined driveway.

(4) Private residential ponds and agricultural farm ponds in accordance with § 153.185.

(Ord. passed 10-11-2000) Penalty, see § 153.999

§ 153.034 DEVELOPMENT REGULATIONS.

(A) Site plans as required in § 153.180 of this chapter shall be submitted to the Planning Commission for its review and approval prior to issuance of a building permit for all special land uses and for other uses or structures which require site plan review.

(B) Single-family homes shall meet the applicable requirements of § 153.150 and, where applicable, § 153.151 of this chapter.

(C) See § 153.169 regulating the screening of off-street parking areas for nonresidential uses permitted in the AG Districts. All off-street parking shall be arranged so as to minimize any impact on adjacent residential properties.

(D) See §§ 153.165 through 153.191, General Regulations, regarding general requirements which may relate to uses permitted in the District.

(E) Except where otherwise regulated in this subchapter, refer to § 153.150, Schedule of District Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, the maximum density permitted providing minimum yard setback requirements and development options.

(F) No required front yard space in any AG District shall be used for the storage or parking of vehicles or any other materials or equipment.

(G) The storing or parking of machinery, equipment, vehicles, or other materials is prohibited in any open areas except for agricultural equipment owned and operated by the property owner and used for agricultural purposes on premise subject to the requirements of division (F) above.

(H) The keeping of animals shall be regulated by the standards in § 153.191

(Ord. passed 10-11-2000; Ord. 36, passed 6-8-2016) Penalty, see § 153.999