The purpose of this zoning district is to protect and stabilize
general agriculture as an ongoing economic activity in the West Manheim
Township area by encouraging those land uses and activities which
are agricultural in nature or act in direct support thereof. This
district also seeks to discourage development from occurring on productive
farmlands, including those designated as "prime" and those which are
conducive to high crop yields. Also, this zoning district protects
agriculture from incompatible uses that may also interfere with normal
and customary agricultural practices within that zoning district.
The Farming Zoning District also minimizes the amount of land consumed
for nonagricultural purposes by encouraging nonagricultural development
to occur on small parcels. The zoning district provides for the continuation
of agribusiness operations within West Manheim Township by requiring
design standards for agribusiness operations and by requiring setbacks
between agribusiness and residential uses. Finally, this zoning district
seeks to retain the core area of farmland in West Manheim Township
that strongly contributes to the rural character of the Township.
Permitted uses are as follows:
Special exception uses are as follows:
[Amended 6-1-2023 by Ord. No. 2-2023]
The following area regulations shall apply in this district:
|
Dimensional Criteria
|
All Uses
|
|---|---|
|
Minimum lot area (acre)
|
1 acre
|
|
Maximum lot area (acres)
|
2 acres1,2 and 3
|
|
Minimum lot width (feet)
|
200
|
|
Maximum building height (stories/feet)
|
2.5 stories or 35 feet
|
|
Maximum lot coverage (percent)
|
20%
|
|
Lot Size
| |||
|---|---|---|---|
|
Dimensional Criteria
|
Less Than or Equal to 1 Acre
|
Greater Than 1 Acre to Less Than or Equal to 2 Acres
|
Greater Than 2 Acres
|
|
Front setback (feet)
|
40
|
40
|
40
|
|
Side setback (feet)
|
10
|
20
|
30
|
|
Rear setback (feet)
|
25
|
25
|
40
|
|
NOTES:
| |
|---|---|
|
1
|
Where more than two acres are needed to meet the driveway, on-site
sewer, or water systems requirements, the Township may waive this
requirement, provided that the minimum additional area is used to
meet the requirements of such on-site systems.
|
|
2
|
The creation of lots larger than the maximum lot size for any principal nonagricultural and nonforestry use provided in §§ 270-43, 270-44 and 270-45 may be permitted if additional development allotments remaining from the parent parcel existing on July 12, 2005, are used to create such an "oversized" lot. One allotment shall be used for each two acres or part thereof by which the lot exceeds the maximum lot size of two acres.
|
|
3
|
The creation of lots containing 10 to 20 acres for any principal use provided in §§ 270-43, 270-44 and 270-45 shall be permitted in accordance with § 270-47A(1). One allotment shall be used for each lot created containing 10 to 20 acres. Each lot created under this provision shall be restricted from future development in accordance with § 270-47C.
|
A.
All uses. All uses listed as either principal or accessory and permitted either by right, by special exception or by conditional use within this article, and erected or established after July 12, 2005, shall comply with the following requirements, unless otherwise required by this Part 5:
(1)
Development allotment. Existing properties shall be permitted the
following number of lots, upon which may be erected either principal
or accessory uses permitted either by right, by special exception
or by conditional use meeting the standards of this article. The number
of lots allocated to a property shall be based on the property size
at the effective date of this article excluding existing uses, lands
already placed under a conservation easement, or similar such restriction,
and in accordance with the table below.
|
Parent Tract
(acres)
|
Number of Lots That May Be Subdivided From Parent Tract
|
|---|---|
|
0 to 4.99
|
1
|
|
5 to 14.99
|
2
|
|
15 to 29.99
|
3
|
|
30 to 59.99
|
4
|
|
60 to 89.99
|
5
|
|
90 to 119.99
|
6
|
|
120 to 149.99
|
7
|
|
150 or more
|
7, plus 1 lot for every 25 acres over 150 acres
|
(2)
Lot add-ons. Lot add-ons in which no new lots are created shall not be counted against the number of lots permitted to be created in the schedule in Subsection A(1). Lot add-ons shall not increase the allowable development rights for the receiving parcel.
(3)
Unused development allotment. Any subdivision or land development
plan hereafter filed for a tract of land in the Farming Zoning District
shall specify the number of development rights remaining with the
residual tract.
B.
Locational criteria. All applications for subdivision or land development
shall be accompanied by the following information. The following information
is required to allow the Township to ensure that the highest quality
farmland is protected, and to ensure that new development affects
agricultural operations to the minimum extent feasible.
(1)
The size, shape, and dimensions of the property and the size and
location of all existing buildings.
(2)
All lots previously approved in accordance with this article.
(3)
Land under active cultivation, land used as pasture, and forested
land or land within woodlots.
(4)
Soil information for the property, including soil series and soil
capability class, subclass, and unit, as classified within the Soil
Survey of York County, Pennsylvania and Agricultural Handbook 210
of the United States Department of Agriculture Soil Conservation Service
(now Natural Resources Conservation Service).
(5)
The size, shape, dimension, location, and use of all proposed lots.
The developer shall demonstrate that the following location and design
considerations have been fully addressed:
(a)
All uses or lots shall be established on nonprime farmland (Soil
Capability Classes IV to VIII), when such land is available, or on
lands which cannot feasibly be farmed, due to existing features of
the site such as rock outcroppings or heavily wooded areas, or due
to the fact that the size and/or shape of an area suitable for farming
is insufficient to permit the efficient use of farm machinery.
(b)
Where a property is comprised entirely of prime farmland (Soil
Capability Classes I, II, and III), the least suitable land, as defined
by the soils survey and Natural Features Overlay Districts will be
reviewed and approved by the Board of Supervisors, and shall be utilized
for the development.
(c)
Where all nonprime farmland areas have been shown by the developer
to be unsuitable for development because of slope, drainage, flooding,
sewage disposal, or other characteristics, the least suitable remaining
farmland shall be utilized for development.
(d)
Lots and uses shall be grouped, where possible, adjacent to
other similar lots and uses, both within the subject property and
in consideration of adjacent properties, to avoid a scattering of
development.
(e)
Wherever feasible, lots shall be located such that disturbance
to existing hedgerows, orchards, and other significant vegetation
is minimized.
C.
Application for development and restriction from further development. The application for the last lot or use permitted to be subdivided from or developed on a property shall be accompanied by a proposed deed for the residual farmland or property. The creation of lots containing 10 acres to 20 acres, in accordance with § 270-46, shall also be accompanied by a proposed deed. The proposed deed shall contain a restriction to identify that all subdivision and development allotments have been used and that no further subdivision, development, or establishment of additional principal uses shall be permitted. Said restrictive deed shall be recorded within 30 days of subdivision approval for the last allowable lot or use. Said deed restriction shall be recorded when the applicant records the subdivision plan approved by the Township. Failure to record said deed, subsequent removal of the deed restriction, or subsequent subdivision or establishment of additional uses or lots shall constitute a violation of this section. The applicant shall provide the Zoning Officer a copy of the Recorder's certificate within 10 working days after the deed is recorded.
D.
Water and sewage facilities required. Unless otherwise specified, all principal, nonagricultural and nonforestry uses or developments within this zoning district shall not be required to connect to centralized water and centralized sewer. For those uses and developments not required to be provided with centralized water and centralized sewer, adequate on-lot well and on-lot sewage disposal facilities in accordance with Part 7 of this chapter, Article V of Chapter 235, Subdivision and Land Development, and the PA DEP shall be provided.
E.
Zoning overlay districts. If located within or affected by the following zoning overlay districts, development or uses shall meet the requirements of Part 6 of this chapter in accordance with:
Agricultural nuisance disclaimer. All lands within or abutting
the Farming Zone are located within an area where land is used for
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 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.
