West Donegal Township
City Zoning Code

Protecting the integrity of a critical mass of sustainable, large contiguous parcels;

Avoiding incompatible scattered development of nonagricultural structures and uses that interfere with conventional agricultural operations; and

Minimizing land use conflicts and controversies.

Any form of agriculture, sylviculture (excluding sawmills) and/or horticulture and related buildings and uses (including one single-family detached dwelling).

Single-family detached dwellings.

Municipal uses.

Accessory buildings and uses customarily incidental to the above permitted uses, including but not limited to the following:

Commercial communications antenna attached to an existing structure and meeting the requirements of § 240-105A.

Regional anaerobic digester as a principal use, subject to the requirements of § 240-115.1.

Public utility structures, subject to the provisions of § 240-96.

Home occupations, subject to the provisions of § 240-90.

Farm-related business, subject to the provisions of § 240-111.

Family/caregiver suite, subject to the provisions of § 240-115.6.

Accessory dwelling units, subject to the provisions of § 240-115.7.

Bed-and-breakfasts, subject to the provisions of § 240-92.

Veterinary facilities and/or kennels, subject to the provisions of § 240-94.

Temporary farm employee housing, subject to the provisions of § 240-85.

Conversion of existing dwellings, subject to the provisions of § 240-83.

Conversion of an existing structure to a mini-warehouse, subject to the provisions of § 240-103.

Accessory uses customarily incidental to the above permitted uses.

Commercial communications antennas and towers, subject to the provisions of § 240-105B.

In order to preserve the agricultural tracts, it is the express intent of the Agricultural District regulations that the subdivision of lots from farms or the development of nonagricultural uses and structures on existing farms shall be limited. In addition, it is the express intent of these provisions that the maximum size of lots created for any use other than agriculture be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes. It is the intent of the Board of Supervisors to implement the mandate of Section 604(3) of the MPC to preserve prime agricultural land through the enactment of those regulations.

Each tract existing on November 13, 1979, shall be permitted to subdivide lots from the tract or erect single-family dwellings or other principal nonagricultural buildings on the tract based upon the lot area of the tract as it existed on November 13, 1979, as follows:

It is the purpose and intent of the Agricultural District to limit the development of agricultural tracts regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the MPC. It is the further purpose and intent of this district to limit the number of single-family dwellings or other principal nonagricultural buildings which may be erected on any tract within the Agricultural District. The condition of the tract on November 13, 1979, or on the date on which the tract was first zoned Agricultural District, shall be the basis from which the maximum development set forth in Subsection B above shall be calculated.

No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size as set forth in § 240-21. Any lot which is less than five acres in size shall be presumed to be used for residential purposes and the size of such lot shall not be increased.

A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the tract from which the land is taken and the tract to which the land is added will be 25 acres or greater after such subdivision, shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection B above.

A subdivision to create a lot which will be transferred to the Township, a municipal authority created by the Township, or another governmental body shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection B above.

Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or erection of single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract on November 13, 1979, or on the date when such land was first included within the Agricultural District. The right of further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings if permissible shall also be included in the deed for the newly created lot. If the designation of the right of further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings was not included on a subdivision or land development plan 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 single-family dwellings or other principal nonagricultural buildings.

In the event that a tract which was not classified as part of the Agricultural District on November 13, 1979, is or was thereafter classified as part of the Agricultural District, the size and ownership of the tract and the development existing on the tract on the effective date of the change in zoning classification shall determine the number of lots which may be subdivided from or the number of single-family dwellings or other principal nonagricultural buildings which may be erected on such tract.

The number of lots which may be created or single-family dwellings or other principal nonagricultural buildings which may be erected 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 of a parent tract, land remaining in the parent tract after subdivision or land which was formerly part of a parent tract shall be bound by the actions of his predecessor.