West Cocalico Township
City Zoning Code
City Zoning Code
PART 6
A-2 - AGRICULTURAL DISTRICT
§ 27-601 Purpose.
[Ord. 116, 9/7/2011, § 600]
The A-2 - Agricultural District seeks to promote the continuation and preservation of the existing agricultural activities within those areas most suitable for such activities. This district is established to protect these soils and stabilize the Township's viable agricultural economy by eliminating land uses not compatible with agriculture and allowing for on-farm occupations to provide supplemental income to the Township's farmers in residence. This district further recognizes the limitations of the lesser productive soils by providing for businesses that meet the needs of agricultural operations. Residential uses are limited and any future inhabitants in this district may be subject to some common characteristics of agriculture which are sometimes regarded as objectionable, including but not limited to odor, dust, night, holiday, early morning and weekend operations, noise, heavy vehicle use of roads, the storage and disposal of manure, the application of fertilizers, herbicides, etc. Residents, owners, and users of property in this district should accept these factors as normal and unavoidable characteristics of an agricultural area and are hereby put on official notice that § 4 of the Pennsylvania Act 133 of 1982, referred to as the "Right to Farm Law," 3 Pa.C.S.A. § 951 et seq., may bar them from obtaining a legal judgement against such normal agricultural operations. Further, it is the intent of the Township for these provisions to comply with the Commonwealth of Pennsylvania's ACRE (Agriculture, Communities, and Rural Environment) legislation, 3 Pa.C.S.A. § 301 et seq. Should a successful challenge to this chapter be filed under the ACRE legislation, only that portion of these provisions found to be in conflict with ACRE will be deleted and no other part of these provisions will be affected.
§ 27-602 Permitted Uses.
[Ord. 116, 9/7/2011, § 601; Ord. 123, 2/6/2014, § 6; Ord. No. 154, 4/18/2023]
1.
Land and buildings in the A-2 Agricultural District shall be used only for the following purposes in accordance with the requirements of Part 23 and other provisions of this chapter:
A.
A new or expanded agricultural operation where the AEU are less than two AEU per acre and are not CAFOs or CAOs.
B.
Concentrated animal feeding operations and concentrated animal operations located greater than 500 feet from an adjoining residential zoning district.
C.
Agricultural-related businesses.
D.
Principal farm dwellings.
E.
Display and sale of agricultural products by a person farming land.
F.
Non-commercial manure storage facilities.
G.
No-impact, home-based business.
H.
Day care homes.
I.
On-farm occupations.
J.
Municipal uses.
K.
ECHO housing.
L.
Home occupations.
M.
Rural occupations.
N.
Forestry.
O.
Riding school or horse boarding stable.
P.
Greenhouse.
Q.
Accessory solar energy systems.
R.
Accessory wind energy systems.
S.
Closed-loop geothermal energy systems.
T.
Outdoor hydronic heating systems.
U.
Independent contractor truck driver vehicle storage as an accessory use.
V.
Accessory buildings and uses customarily incidental and secondary to the above permitted uses when located on the same lot.
W.
Accessory buildings and uses customarily incidental to special exception uses approved under § 27-603 below when located on the same lot.
§ 27-603 Special Exceptions.
[Ord. 116, 9/7/2011, § 602; Ord. 123, 2/6/2014, § 7; Ord. No. 132, 6/17/2016; Ord. No. 134, 5/4/2017; Ord. No. 141, 5/21/2018; Ord. No. 154, 4/18/2023]
1.
The establishment and/or expansion of the following uses are permitted when special exceptions are granted by the Zoning Hearing Board in conformance with Part 23 and other provisions of this chapter:
A.
Concentrated animal feeding operations and concentrated animal operations located less than 500 feet from an adjoining residential zoning district.
B.
Adaptive reuse of an agricultural building.
C.
Agritainment.
D.
Agri-venue.
E.
Animal laboratory.
F.
Bed and breakfast establishments.
G.
Beekeeping.
H.
Essential services buildings and structures.
I.
Temporary farm employee housing.
J.
Accessory farm dwellings.
K.
Noncommercial day care centers accessory to existing churches.
L.
Kennels.
M.
Non-farm single-family detached dwellings.
N.
Principal solar energy systems.
O.
Principal anaerobic digester systems.
P.
Horticulture.
Q.
Manure storage facility.
R.
Heliport.
S.
Short-term rental.
§ 27-604 Area and Height Regulations.
[Ord. 116, 9/7/2011, § 603]
1.
Lot Area.
A.
The minimum lot area required for permitted uses and special exception uses in the A-2 - Agricultural District shall be no smaller than is required to meet all applicable setbacks and Pennsylvania Department of Environmental Protection (DEP) requirements for the location of on-site water supply and sewage disposal facilities, including replacement system location. The maximum lot area for all non-farm single-family detached dwellings shall be two acres. The maximum lot area for all other special exception uses except concentrated animal feeding operations and concentrated animal operations shall be four acres. There shall be no maximum lot area for municipal uses, concentrated animal feeding operations and concentrated animal operations.
B.
Subdivision and Land Development Limitations. It is the intent of the Supervisors to preserve and protect agriculture and to preserve prime agricultural soils through limitations on subdivision and land development.
(1)
Number of Lots, Dwellings or Other Principal Non-agricultural Buildings Permitted. One principal building or use may be established for any unimproved lot that is less than 50 acres subject to compliance with all dimensional and use requirements of this chapter. In every other instance, for each parent tract there shall be permitted by special exception the subdivision of one lot, which shall specifically include, but not be limited to, a subdivision to change lot lines or a "lot add-on" subdivision unless exempted in Subparagraph (2) or the establishment of an additional principal building or use on the parent tract, but not both, with the portion of the existing or newly created lot used for residential purposes limited to the maximum lot size set forth in Paragraph A above, for each 50 acres held on December 24, 1989, or if the parent tract was not classified as A-2 -Agricultural District on December 24, 1989, on the date when such land was first included in the A-2 - Agricultural District after December 24, 1989. A tabular example of this limitation on the creation of lots or the erection of dwellings is as follows:
Size of Parent Tract in Acres | Number of Lots Permitted to Be Subdivided or Additional Permitted Principal Buildings or Uses* |
|---|---|
Less than 50 acres | 0 |
50.01 — 100.0 acres | 1 |
100.01 — 150.0 acres | 2 |
150.01 + acres | 3 plus one additional subdivision or permitted principal building or use for each additional 50 acres after 200 acres |
Notes: | |
|---|---|
* | For purposes of this Section, in no case shall parent tracts qualify for any additional lots permitted to be subdivided or additional permitted buildings or uses than those allotted to parent tracts held on December 24, 1989, or if the parent tract was not classified as A-2 - Agricultural District on December 24, 1989, on the date when such land was first included in the A-2 - Agricultural District after December 24, 1989: |
(a)
Any subdivision or land development plan hereinafter filed with the applicable approving body for subdivision or land development or any deed of conveyance of a lot in this district shall specify which lot or lots shall carry with it a right of further subdivision or erection of accessory farm or non-farm single-family dwellings or principal non-agricultural buildings, if any such right remains from the quota allocated to the parent tract. This right of further subdivision or erection of accessory farm or non-farm single-family dwellings or principal non-agricultural buildings, or an indication that no further subdivision or erection of such dwellings or principal buildings is permissible, shall also be included in the deed to the newly-created lot. This restriction shall remain in effect as long as further subdivision is prohibited under the zoning ordinance then in effect.
(b)
The number of lots which may be created or accessory farm or non-farm single-family dwellings or other principal non-agricultural buildings which may be erected on the parent tract shall be fixed according to the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner of a parent tract or land remaining in a parent tract after subdivision shall be bound by the actions of his predecessor.
(c)
Any land development, the purpose of which is to permit the erection of a permanent accessory farm or non-farm single-family dwelling on a parent tract which has previously been improved with a dwelling which also will remain on the parent tract or to permit the erection of a structure for an additional principal use on the parent tract shall be considered a subdivision for the purposes of this section. It is the purpose and intent of this section to limit the development of agricultural tracts for non-agricultural purposes regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
(d)
No subdivision shall be permitted which shall increase the lot size of a lot of record used or to be used for residential purposes in excess of the maximum lot size as set forth herein. Any lot which is less than 10 acres in size shall be presumed to be used for non-agricultural purposes.
(2)
Exemptions from Limitation on Subdivision of Land. The following types of subdivisions shall not be counted against the subdivision/land development quota established by Subparagraph (1). In addition, the below exemptions do not require a special exception approval:
(a)
The transfer of land to increase the size of a tract being used for agricultural purposes.
(b)
The transfer of non-prime agricultural land to increase the size of a tract not being used for agricultural purposes.
(c)
A subdivision to create a lot which will be transferred to the Township or a municipal authority created by the Township.
(3)
Requirements for Plans and Deeds Relating to Lands Within the A-2 Agricultural District. Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of land or any deed of conveyance in the A-2 - Agricultural District shall specify on the recorded plan which lot or lots shall carry a right of further subdivision or erection of accessory farm or non-farm single-family dwellings or other principal non-agricultural buildings, if any such right remains from the quota allocated to the parent tract on December 24, 1989, or on the date when such land was first included in the A-2 Agricultural District, whichever is later. The right of further subdivision or erection of accessory farm or non-farm single farm dwellings or other principal non-agricultural buildings, or a statement that no further subdivision or erection of accessory farm or non-farm single-family dwellings or other principal non-agricultural buildings is permissible, shall also be included in the deed to the newly-created or conveyed lot. If the designation of the right of further subdivision or erection of additional accessory farm or non-farm single-family dwellings or other principal non-agricultural buildings was not included on a subdivision or land development plan or deed of conveyance of a parent tract, it shall be conclusively presumed that the largest lot remaining after subdivision shall carry the right of further subdivision or erection of additional accessory farm or non-farm single-family dwellings or other principal non-agricultural buildings.
2.
Minimum lot width: 150 feet at the building line.
3.
Minimum lot depth: 150 feet.
4.
Yard Requirements. All buildings shall be set back from street rights-of-way and lot lines in accordance with the following requirements:
A.
Front Yard. The minimum front yard required shall be that distance established in Part 19 of this chapter between the right-of-way line of a public or private road and the building line.
B.
Side Yard. There shall be two side yards each having a minimum width of 20 feet.
C.
Rear Yard. The rear yard shall be a minimum of 60 feet in depth.
5.
Maximum Lot Coverage.
A.
Lot area of two acres or less: 20%.
B.
Lot area of greater than two but less than four acres: 15%.
C.
Lot area of four acres or greater: 10%.
6.
Height Regulations. No principal building shall exceed 35 feet in height except as provided in Part 21 of this chapter.
7.
Minimum Off-Street Vehicle Parking and Loading Requirements. Off-street parking and loading facilities shall be provided in accordance with the requirements of Part 18.
