Newberry Township York County
City Zoning Code
City Zoning Code
ARTICLE III
Rural Resource Area
§ 380-26 Agriculture (A).
A.
Purpose. The purpose of this zoning district is to promote a continuation of the Township's rural character and promote agricultural activity, including intensive farming operations. The location of this classification is naturally buffered from the Suburban Residential areas by the Industrial and Rural Resource classifications. The general location of the Agricultural Zoning District reflects the Township's recognition of the need for space for farming, including intensive farming operations, and is well buffered from conflicts associated with new residential development targeted in the growth areas. The area could develop in a similar fashion to the Rural Resource Zoning District, but because of its agricultural purpose includes on-farm occupations to allow the farming community viable options to maintain an active farm.
B.
Permitted uses.
(1)
Agricultural and forestry uses.
(a)
Permitted by right.
[1]
Agriculture [§ 380-59A(3)].
[2]
Forestry [§ 380-59A(23)].
[3]
Intensive farming operation [§ 380-59A(33)].
[4]
Riding stables [§ 380-59A(53)].
(3)
Public/semipublic uses.
(b)
Permitted by special exception.
[1]
Essential services [§ 380-59A(20)].
(4)
Commercial uses.
(a)
Permitted by right.
(b)
Permitted by special exception.
[1]
Animal hospitals [§ 380-59A(5)].
[2]
Farmers market [§ 380-59A(22)].
[3]
Greenhouses and nurseries [§ 380-59A(26)].
(5)
Accessory uses.
(a)
Permitted by right.
[1]
Uses customarily incidental to the above permitted uses.
[2]
Day care, accessory.
[3]
Farm occupations [§ 380-59A(21)].
[4]
Manure storage facilities.
[5]
No-impact home occupations.
[6]
Noncommercial keeping of livestock [§ 380-59A(41)].
(b)
Permitted by special exception.
[1]
Bed-and-breakfast inns [§ 380-59A(8)].
[2]
Day care, family [§ 380-59A(17)].
[3]
ECHO housing [§ 380-59A(19)].
[4]
Home occupations [§ 380-59A(30)].
[5]
Rural occupations [§ 380-59A(54)].
C.
Design standards.
Design Standard | Use | ||
|---|---|---|---|
Nonagricultural and Nonforestry Uses | Nonagricultural and Nonforestry Accessory Uses and Structures | ||
Lot area | |||
Minimum | 43,560 square feet | — | |
Maximum | 87,120 square feet1 | — | |
Minimum lot width at building setback line | 150 feet | — | |
Maximum height | 35 feet | 25 feet2 | |
Maximum lot coverage | 15% | — | |
Minimum setbacks | |||
Front | 50 feet | 100 feet3 | |
Side | 30 feet | 10 feet | |
Rear | 50 feet | 6 feet | |
NOTES: | |
1 | The maximum required lot area may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP. |
2 | Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks. |
3 | No accessory building or structure, except for permitted signs, shall be located within the front yard, unless the accessory building or structures is set back at least 100 feet from the street right-of-way line. |
D.
Limitations on subdivision and/or land development.
(1)
The permissible number of lots that may be subdivided or the number of new permitted nonagricultural or nonforestry principal uses that may be established shall be based on the parent tract acreage. For each five acres of undeveloped contiguous land in single and separate ownership that was held by the landowner or his predecessor(s) in title on December 20, 1992, there may be one lot sold or utilized for establishing of any permitted nonagricultural or nonforestry principal use. If such land was not classified within either the Agriculture or Conservation Zoning Districts on December 20, 1992, the parent tract shall be held in single and separate ownership on the date such land was first rezoned to the Agriculture Zoning District classification. For the purposes of this section, land held in single and separate ownership shall be considered contiguous regardless of whether:
(2)
A subdivision, the sole purpose of which is to provide for a lot add-on, where both the tract from the land is taken and the tract to which the land is added comply with lot area requirements in the following sections, shall not be included when computing the permissible number of lots that may be subdivided from a tract as set forth in Subsection D(1).
(3)
Any subdivision or land development plan hereafter filed with the Township for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it the right to further subdivision or establishment of principal uses, if any such right remains from the quota allocated to the parent tract on December 20, 1992, the effective date of this provision, or the date when such land was first included within the Agriculture or Conservation Zoning Districts. Although this chapter adopted per the effective date does not include a Conservation Zoning District, development restrictions established by the December 20, 1992, Zoning Ordinance shall apply to all properties located in the Conservation Zoning District per the December 20, 1992, Ordinance or any subsequent amendments adopted prior to the effective date of this chapter which are located in the Agriculture Zoning District as per the effective date of this chapter. The right to further subdivision or establishment of principal uses shall also be included in the deed for the newly created lot. If the designation of the right of further subdivision or establishment of principal uses was not included on the subdivision or land development plan of a parent tract, it shall be conclusively presumed that the largest lot remaining after the subdivision shall carry the right of further subdivision or establishment of principal uses.
(4)
The number of lots may be created or principal uses that may be established shall be fixed according to the size of the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner shall be bound by the actions of his/her predecessor.
E.
Lot design and access requirements. In addition to all other requirements of this section, any lot created within the Agriculture Zoning District shall meet all of the following requirements:
(1)
[1]To the maximum extent feasible, each nonagricultural lot shall be located so that the remainder of the tract from which such lot is subdivided shall be configured in a manner to best facilitate agricultural operations on the remainder and, to the maximum extent feasible, contain the soils of the highest agricultural land capability.
[1]
Editor's Note: Original Sec. 301.5.1, which regarded the location of nonagricultural lots, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now § 380-26E(1).
(2)
Each nonagricultural lot shall be located in a manner to cluster the lots and minimize division of, or barriers within, the agricultural or open space lands.
F.
Water and sewer facilities required. Unless otherwise specified, all principal, nonagricultural and nonforestry uses or developments within this zoning district shall not be required to connect to public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not required to be provided with public water and public sewer, adequate on-lot well and on-lot sewage disposal facilities in accordance with § 380-53 of this chapter, §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, and the PA DEP shall be provided.
G.
Maximum lot area requirements. Unless otherwise specified, all uses within this zoning district shall meet all required lot area requirements set forth in § 380-26C herein above. However, the maximum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by § 380-53 of this chapter.
H.
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
I.
Agricultural and forestry setback requirement.
(1)
On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural or forestry purposes.
(2)
Additionally, for all new residential uses permitted in § 380-26B of this chapter which are proposed to be sited adjacent to an intensive farming operation and share a common property line and in which on-lot wells are proposed for the new residential uses, the new wells shall not be located closer than 100 feet from the shared property line of those lots on which the existing intensive farming operation is located.
J.
K.
L.
Agricultural nuisance disclaimer. All lands within or abutting the Agriculture Zoning District are located in an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from the normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations and are hereby put on official notice that Section 4 of Pennsylvania Act 133 of 1982, the Right to Farm Law,[2] may bar them from obtaining a legal judgment against such normal agricultural operations.
[2]
Editor's Note: See 3 P.S. § 954.
§ 380-27 Rural Resource (RR).
A.
Purpose. The Comprehensive Plan recognizes residential development and rural occupations outside of the growth area as desirable development options. The purpose of this zoning district is to recognize areas of the Township that have rural resources, such as rural occupations, agriculture and timbering, and encourages development that is compatible with the natural environment and rural character of the Township. Public water and public sewerage have not been extended into these areas and there is no pending need to extend the utilities. This district is not considered an integral component of the Township's growth management plan. However, sensitive natural features should be protected.
B.
Permitted uses.
(1)
Agricultural and forestry uses.
(a)
Permitted by right:
[1]
Agriculture [§ 380-59A(3)] (excluding intensive farming operation).
[2]
Forestry [§ 380-59A(23)].
[3]
Riding stables [§ 380-59A(53)].
(3)
Institutional uses.
(a)
Permitted by special exception.
[1]
Places of worship [§ 380-59A(45)].
[2]
Private clubs [§ 380-59A(46)].
(4)
Public/semipublic uses.
(a)
Permitted by right.
[1]
Cemeteries [§ 380-59A(14)].
[2]
Municipal uses.
(b)
Permitted by special exception.
[1]
Emergency services.
[2]
Essential services [§ 380-59A(20)].
(5)
Commercial uses.
(b)
Permitted by special exception.
[1]
Animal hospitals [§ 380-59A(5)].
[2]
Farmers markets [§ 380-59A(22)].
[3]
Greenhouses and nurseries [§ 380-59A(26)].
[4]
Kennels [§ 380-59A(35)].
(c)
Permitted by conditional use.
[1]
Campgrounds [§ 380-59A(12)].
[2]
Communication antennas, towers, and equipment [§ 380-59A(15)].
(6)
Industrial uses.
(a)
Permitted by special exception.
[1]
Sawmills and lumberyards [§ 380-59A(55)].
(b)
Permitted by conditional use.
[1]
Mineral extraction or recovery operations [§ 380-59A(47)].
(7)
Accessory uses.
(a)
Permitted by right.
[1]
Uses customarily incidental to the above permitted uses.
[2]
Day care, accessory.
[3]
Farm occupations [§ 380-59A(21)].
[4]
Manure storage facilities.
[5]
No-impact home occupations.
[6]
Noncommercial keeping of livestock [§ 380-59A(41)].
(b)
Permitted by special exception.
[1]
Bed-and-breakfast inns [§ 380-59A(8)].
[2]
Day care, family [§ 380-59A(17)].
[3]
ECHO housing [§ 380-59A(19)].
[4]
Home occupations [§ 380-59A(30)].
[5]
Rural occupations [§ 380-59A(54)].
(c)
Permitted by conditional use.
[1]
Airstrip, helipad [§ 380-59A(4)].
C.
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard | Use | ||
|---|---|---|---|
Nonagricultural and Forestry Uses | Nonagricultural and Forestry Accessory Uses and Structures | ||
Minimum lot area | 87,120 square feet | — | |
Minimum lot width at building setback line | 150 feet | — | |
Maximum Height | 35 feet | 25 feet1 | |
Maximum Lot Coverage | 20% | — | |
Minimum setbacks | |||
Front | 50 feet | 100 feet2 | |
Side | 30 feet | 10 feet | |
Rear | 50 feet | 6 feet | |
NOTES: | |
1 | Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks. |
2 | No accessory building or structure, except for permitted signs, shall be located within the front yard, unless the accessory building or structures is set back at least 100 feet from the street right-of-way line. |
D.
Water and sewer facilities required. Unless otherwise specified, all principal, nonagricultural and nonforestry uses or developments within this zoning district shall not be required to connect to public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not required to be provided with public water and public sewer, adequate on-lot well and on-lot sewage disposal facilities in accordance with § 380-53 of this chapter, §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, and the PA DEP shall be provided.
E.
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within masonry or fenced enclosure equipped with a self-latching door or gate.
F.
Agricultural and forestry setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural or forestry purposes.
G.
H.
I.
Agricultural nuisance disclaimer. All lands within or abutting the Rural Resource Zoning District are located in an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from the normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations and are hereby put on official notice that Section 4 of Pennsylvania Act 133 of 1982, the Right to Farm Law,[1] may bar them from obtaining a legal judgment against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 954.
§ 380-28 Rural Residential (R).
A.
Purpose. The purpose of this zoning district is to account for existing rural-style development that has been identified by the Township's Act 537[1] plan to receive public sewerage outside of the identified growth area, and is very similar to the Suburban Residential land classification. The development pattern of this district consists of larger lots and is closely related with rural-style development, which is the defining difference between the Rural Residential and Suburban Residential Zoning Districts. Infill development would be the most common form of new growth in this district. This district is not considered an integral component of the Township's growth management plan as these areas are isolated throughout the Township. Similar to the Suburban Residential District, the natural features protection theme should be carried through into this district; however, large scale open space areas may be difficult to achieve due to the developed nature of this district.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
Permitted uses.
(1)
Agricultural and forestry uses.
(a)
Permitted by right.
[1]
Agriculture [§ 380-59A(3)] (excluding intensive farming operation).
[2]
Forestry [§ 380-59A(23)].
(b)
Permitted by special exception.
[1]
Riding stables [§ 380-59A(53)].
(3)
Institutional uses.
(a)
Permitted by special exception.
[1]
Private clubs [§ 380-59A(46)].
[2]
Places of worship [§ 380-59A(45)].
(5)
Commercial uses.
(a)
Permitted by conditional use.
[1]
Campgrounds [§ 380-59A(12)].
(6)
Accessory uses.
(a)
Permitted by right.
[1]
Uses customarily incidental to the above permitted uses.
[2]
Day care, accessory.
[3]
Farm occupations [§ 380-59A(21)].
[4]
No-impact home occupations.
(b)
Permitted by special exception.
[1]
Bed-and-breakfast inns [§ 380-59A(8)].
[2]
Day care, family [§ 380-59A(17)].
[3]
ECHO housing [§ 380-59A(19)].
[4]
Home occupations [§ 380-59A(30)].
[5]
Noncommercial keeping of livestock [§ 380-59A(41)].
C.
Design standards.
Except as otherwise noted, all principal uses shall comply with the following:
Design Standard | Uses | |||
|---|---|---|---|---|
Both Utilities (Public Water and Public Sewer), or Only Public Sewer | Only Public Water, or No Utilities (No Public Water and No Public Sewer) | Accessory Uses and Structures | ||
Minimum lot area | 20,000 square feet | 65,340 square feet | — | |
Minimum lot width at building setback line | 100 feet | 300 feet | — | |
Maximum height | 35 feet | 25 feet1 | ||
Maximum lot coverage | 40% | 15% | — | |
Minimum setbacks | ||||
Front | 40 feet | 100 feet4 | ||
Side | 10 feet | 25 feet for 1 side and 200 feet for other side2, 3 | 10 feet | |
Rear | 35 feet | 35 feet | 6 feet | |
NOTES: | |
1 | Provided each structure higher than 15 feet shall be set back from the nearest side and/or rear lot line a distance equal to its height, but in no case be located closer to any side and/or rear lot line than the required side and/or rear minimum setbacks. |
2 | 225 feet total both sides |
3 | For single-family detached dwellings existing as of December 20, 1992, the minimum side yard setbacks shall be 25 feet on each side. |
4 | No accessory building or structure, except for permitted signs, shall be located within the front yard, unless the accessory building or structures is set back at least 100 feet from the street right-of-way line. |
D.
Water and sewer facilities required. Unless otherwise specified by the Newberry Township Act 537[2] plan, all principal, nonagricultural and nonforestry uses or developments within this zoning district shall not be required to connect to public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not required to be provided with public water and public sewer, adequate on-lot well and on-lot sewage disposal facilities in accordance with § 380-53 of this chapter, §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, and the PA DEP shall be provided.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
E.
Waste products. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads or properties, and completely enclosed within masonry or fenced enclosure equipped with a self-latching door or gate.
F.
Agricultural and forestry setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural or forestry purposes.
G.
§ 380-29 Rural Industrial (RI).
A.
Purpose. The purpose of the Rural Industrial classification is to identify an area for light industrial uses that does not typically require large volumes of water, nor generate large volumes of sewage. Lot sizes should be kept deliberately small to accommodate small start-up businesses. Generally, these uses should create and sustain a distinct character that differs from the other industrial classifications and high traffic generating commercial areas.
B.
Permitted uses.
(1)
Agricultural and forestry uses.
(a)
Permitted by right.
[1]
Agriculture, [§ 380-59A(3)] (excluding intensive farming operation).
[2]
Forestry [§ 380-59A(23)].
(2)
Commercial uses.
(a)
Permitted by right.
[1]
Agricultural support businesses.
[2]
Mini-warehouses [§ 380-59A(38)].
[3]
Offices.
[4]
Repair shops for products permitted to be manufactured in the zone.
(b)
Permitted by conditional use.
[1]
Billboards [§ 380-59A(9)].
[2]
Communication antennas and towers [§ 380-59A(15)].
(3)
Industrial uses.
(a)
Permitted by right.
[1]
Manufacturing, packaging, storage and/or wholesaling of the following:
[a]
Brushes, brooms and combs.
[b]
Hardware and software for audio-visual components, computers, vending machines and video games.
[c]
Hot tubs, spas, saunas and swimming pools.
[d]
Musical instruments and sporting equipment.
[e]
Scientific, specialized and technical instruments and equipment.
[f]
Small household appliances, excluding major appliances.
[3]
Sawmill and lumberyards [§ 380-59A(55)].
[4]
Sign makers.
[5]
Small engine repair shops.
[6]
Welding shops.
(b)
Permitted by conditional use.
[1]
Automobile wrecking.
[2]
Junkyards [§ 380-59A(34)].
[3]
Warehousing and wholesale trade establishments [§ 380-59A(62)].
[4]
Wholesale sales and auctions of automobiles, trucks, buses, and other heavy equipment [§ 380-59A(63)].
(5)
Accessory uses.
(a)
Uses customarily incidental to the above permitted uses.
[1]
Manure storage facilities.
[2]
Noncommercial keeping of livestock [§ 380-59A(41)].
[3]
Recycling collection facilities, provided such facilities are enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, the facility is posted to prohibit the disposal of any material, goods or furnishings that cannot be placed within the actual recycling bin, and the total size of the facility is less than 300 square feet [§ 380-59A(49)].
[4]
Retail sales of products produced on-site, so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less.
[5]
Rural occupations [§ 380-59A(54)].
C.
Design standards. Except as otherwise noted, all principal uses shall comply with the following:
Design Standard | Buildings/Structures | |
|---|---|---|
Minimum lot area | 43,560 square feet | |
Minimum lot width at building setback line | 150 feet | |
Maximum height | 35 feet | |
Maximum lot coverage | 60% | |
Minimum setbacks | ||
Front | 50 feet | |
Side | 30 feet | |
Rear | 25 feet | |
NOTE: | |
1 | Side or the rear yard setbacks can be waived solely for joint parking and/or loading spaces where two or more adjoining uses share such parking and/or loading spaces. |
D.
Water and sewer facilities required. Unless otherwise specified, all principal, nonagricultural and nonforestry uses or developments within this zoning district shall not be required to connect to public water and public sewer pursuant to §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code. For those uses and developments not required to be provided with public water and public sewer, adequate on-lot well and on-lot sewage disposal facilities in accordance with § 380-53 of this chapter, §§ 344-39 and 344-40 of Chapter 344, Subdivision and Land Development, of this Code, and the PA DEP shall be provided.
E.
Waste products. Storage of industrial waste materials shall not be permitted except in an enclosed building. Dumpsters used for domestic garbage may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties in accordance with § 380-51 of this chapter. Such dumpsters shall not be used for industrial wastes and shall be set back at least 25 feet from all property lines and 50 feet from any adjoining property used for an existing residential use or in a residential zoning district. All dumpsters shall comply with § 380-38E of this chapter.
F.
Outdoor storage. Within this zoning district, outdoor storage shall be permitted, provided all outdoor storage areas are screened from adjoining roads and properties in accordance with § 380-51 of this chapter and they comply with all of those setbacks specifically imposed thereon, listed in this section.
G.
Agricultural and forestry setback requirement. On any separate nonagricultural or nonforestry parcel, no shrub shall be planted within 10 feet nor shall any tree be planted within 30 feet, respectively, of any land used for agricultural or forestry purposes.
H.
All uses subject to overlay zoning districts.