In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to permit the reuse of agricultural buildings for limited nonagricultural purposes, in conformance with the goals and objectives of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Encourage the continued maintenance and use of large,
old agricultural buildings, especially those that contribute visually
to the Township's historically rural character and agricultural heritage.
B.
Permit flexibility in the R-1, R-2 and R-3 Districts
to permit a variety of land uses that may provide an economic incentive
to retain these buildings.
C.
Encourage continuation of active farming and discourage
subdivision of farms into suburbanized developments by allowing farmers
to supplement their agricultural income with income from these alternative
uses in order to remain economically viable.
D.
Permit renovation and adaptive reuse of large, old
agricultural buildings in compliance with applicable codes for use
and habitation, while maintaining their historically rural agricultural
character.
E.
Retain the rural, agricultural settings in which these
buildings are traditionally found by retaining a spacious lot, generous
setbacks, and active farming surrounding these uses.
F.
Minimize potential traffic impacts by restricting
building coverage and traffic generation and by permitting the most
traffic-generating uses only where vehicular access is from principal
or minor arterial or major collector roads.
G.
Provide performance standards with which these uses
shall comply as prerequisites and continuing obligations for the opportunity
to vary and intensify the land use.
The Board of Supervisors may authorize any of the following as conditional uses in R-1, R-2 and R-3 Zoning Districts, only in compliance with the procedure for consideration of a conditional use application in § 500-818 and the performance standards and criteria in § 500-2402.
A.
Farmhouse uses:
(1)
Single-family detached, two-, three- or four-family
dwellings.
(2)
Business or professional office.
(3)
Studio for teaching or producing visual or performing
arts, not including radio or television facilities.
(5)
Low-intensity retail shop primarily selling
specialized items such as antiques, handmade crafts, flowers, or locally
grown or processed farm products.
(6)
Restaurants whose character depends on a spacious,
rural setting and the rustic character of an authentic farmstead.
(7)
Institutional uses, including churches schools,
and community clubs such as Rotary Kiwanis or Lions.
B.
Barn uses:
[Amended 9-13-2005 by Ord. No. 2005-10]
C.
Uses for all other agricultural buildings. All other agricultural buildings may be used for the uses permitted in Subsections A and B, Farmhouse uses and Barn uses, respectively, in compliance with the additional performance standards and criteria in § 500-2402D(12) herein.
Conditional use approval shall not be granted
unless an applicant provides sufficient evidence to indicate and guarantee
compliance with the performance standards and criteria contained herein.
A.
Agricultural building qualifications:
(1)
These nonagricultural uses shall be permitted
only in buildings which qualify as agricultural buildings in compliance
with the criteria contained herein.
(2)
Agricultural buildings are the buildings built
and used for the residential and farm operation purposes of a family
farm prior to 1940.
(3)
Agricultural buildings built after 1940 and
existing at the time this chapter is adopted may qualify, provided
they have been used for agricultural purposes as part of a family
farm operation for a minimum of 10 years at any time prior to application
for conditional use approval.
(4)
The building shall be structurally sound and
in substantially complete condition, subject to Township inspection
and expert testimony regarding its structural quality and adaptability
for the purposes intended.
(5)
Foundations or other remnants of buildings shall
not be used to create essentially new buildings for these purposes.
B.
Dimensional standards:
(1)
A minimum gross tract area of 20 acres shall
be required for one or more buildings to be granted conditional use
approval. A farmstead consisting of a farmhouse, barn and one or more
other agricultural buildings may all be approved for conditional use
within the twenty-acre minimum area.
(2)
Minimum building setback from any residence
on an abutting lot shall be 200 feet.
(3)
Maximum building coverage for any one building
shall not exceed 1% of gross tract area, and total building coverage
(including agricultural and nonagricultural uses) shall not exceed
3% of the gross tract area.
(4)
Paving of driveways, parking, loading and other
vehicular use areas shall be discouraged and shall not exceed 3% of
the gross tract area.
(5)
Building heights shall be determined by the existing buildings. If additions or renovations are permitted, they shall not exceed the existing height of the subject building, except when required by the Board of Supervisors under § 500-2402D(12)(b).
C.
Traffic generation:
(1)
For nonresidential uses, traffic generated by
the proposed uses shall not exceed five vehicular trips per day for
each 1,000 square feet of gross building floor space, using ITE standards.
(2)
Nonresidential uses expected to generate a higher volume of traffic than permitted by § 500-2402C(1) above shall be permitted only on parcels with safe, sufficient access to principal or minor arterials or major collector roads, that otherwise qualify under this article.
D.
Adaptive reuse standards:
(1)
No changes that are out of character with the
existing building shall be permitted, except that limited numbers
of windows and doors may be permitted for reuse of barns and other
buildings which typically have few windows or doors.
(2)
Changes that are out of character may be permitted
only to facades that are not visible from the road or adjacent dwellings.
(3)
Additions may be permitted that do not exceed
33% of the building coverage of the subject building existing at the
time this chapter is adopted, if consistent with the building's character,
height and materials.
(4)
Farmhouse porches shall be retained and shall
not be enclosed to be used for indoor rooms or storage space.
(a)
The open, airy visual character of porches may
be modified by screening or by windows to create a sun-porch effect,
but opaque walls shall not be permitted.
(b)
Missing or deteriorated porches may be replaced
by new construction of similar design to the old porch. Modern greenhouse
design or other styles that are out of character with the farmhouse
shall not be permitted where they are visible from the road or adjacent
dwellings.
(5)
Positive and desirable building character and
setting shall be retained to the greatest extent possible and shall
not be compromised by the introduction of elements which, in the opinion
of the Board of Supervisors, would appear strange, alien, foreign,
exotic or otherwise out of place in a rural agricultural setting.
The Board of Supervisors may impose any or all of the following as
conditions of approval, for the purpose of maintaining and/or enhancing
the rural and agricultural character and setting of the subject property:
(a)
Screening of views of the proposed use considered
undesirable or incompatible with rural character, as seen from nearby
roads and residential lands. Extensive landscaping shall be used,
including trees, shrubs and earth mounding.
(b)
Architectural renovations to improve negative
or undesirable building character.
(c)
Parking located to the side and/or rear of the
structure, with substantial landscape screening of areas of five or
more vehicles.
(d)
Landscaping that reflects a rural character,
rather than a manicured, park-like urban or suburban character. Landscape
elements may include hedgerows, meadows, pasture, tilled fields, and
reforestation. Reforestation or dense plantings of native evergreen
trees for screening shall be encouraged to be in informal patterns
rather than rigid, linear forms. The Board of Supervisors may permit
use of linear plantings where they are more appropriate than informal
patterns.
(6)
All uses permitted under this article shall
be subject to an annually renewable permit and annual inspection to
determine continuing compliance with these regulations. Permit and
inspection fees shall be established by resolution of the Board of
Supervisors.
(7)
Driveway entrances to public streets shall be
paved and provided with properly engineered drainage facilities for
safety and maintenance purposes.
(8)
No outdoor storage of products, supplies or
vehicles shall be permitted except farm-related vehicles or equipment
in an amount normally needed for operation of a family farm.
(9)
Noise, dust, smoke, odors and other potentially offensive emissions shall be limited by appropriate design and technology to remain at reasonable levels. The Board of Supervisors may impose additional controls, where necessary, as conditions of approval of a use or renewal of annual permits, including the performance standards contained in § 500-1704 of the chapter.
(10)
Signs for these conditional uses shall not exceed
a total of 24 square feet. Internally lighted signs shall be prohibited.
(11)
Although the type and intensity of use may be
changed by approval of a conditional use, the spacious rural character
of the farmstead shall be maintained, and at least 60% of the tract
shall remain as farmed fields, pasture, meadow and/or woodlands.
(12)
For the category of "all other agricultural buildings" whose uses are specified in § 500-2401C herein, the following additional performance standards and criteria shall apply:
(a)
Corn cribs, silos and other odd structures shall
not qualify independently for conditional uses. The Board of Supervisors
may permit use of such structures in coordination with use of another
qualifying structure.
(b)
Coops, storage buildings, and other structures
that may be less attractive may be required to add architectural features
to make them more attractive or they may need to be more heavily screened.
The Board of Supervisors may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes and intent
to this article, including, but not limited to:
The regulations of this article shall take precedence
in any case where there in a conflict with other regulations of the
Township.
