[Ord. 2002-01, 2/7/2002, § 204; as amended by Ord. 2005-01, 8/4/2005, § III; and by Ord. 2008-01, 10/20/2008]
1. Purpose. The primary purpose of this zone is to maintain and promote the rural-agricultural character of the land within this zone. This zone is composed of those areas in the Township whose predominant land use is agricultural. The regulations for this zone are designed to protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses detrimental to agricultural enterprises and to limit development which require highways and other public facilities in excess of those required by rural-oriented uses.
2. Uses by Right. The following uses are permitted by right in the A Zone.
B. Crops, livestock, and livestock products.
C. Essential services building or structure with locational requirements.
D. Farm occupation by right with greater than 10 acres, subject to § 630.
F. Forest/wildlife preserve.
H. Home occupation. (See § 638.)
I. Nonintensive agricultural operations.
K. Single-family detached dwelling.
L. Accessory alternative energy systems, subject to the provisions of § 607.
[Added by Ord. 2012-1, 10/15/2012]
M. Principal alternative energy systems, subject to the provisions of § 607.
[Added by Ord. 2012-1, 10/15/2012]
3. Uses by Special Exception. The following uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Parts 5 and 6 of this chapter.
C. Airport, heliport/helipad.
D. Animal hospital/veterinary clinic.
G. Boarding farm, riding school/club/stable.
Q. Essential services building or structure without locational requirements.
S. Farm and construction equipment sales and service.
T. Farm occupation by special exception, five to 10 acres, subject to § 630.
V. Golf course, golf driving range.
X. Intensive agricultural operation.
Z. Lawn and garden sales and service.
CC. Outdoor recreational facility.
JJ. Solid waste disposal and processing facility.
4. Subdivision and Land Development Limitations. It is the intent of the Township to preserve and protect agriculture and to preserve prime agricultural soils through limitations on subdivision and land development.
A. Number of Lots, Dwellings or Other Principal Nonagricultural Buildings Permitted.
(1) For each parent tract of required minimum size, and meeting such requirements as defined elsewhere in this chapter, there shall be permitted one single-family dwelling with such structures, attachments, accessories and/or fixtures as permitted elsewhere in this chapter, plus.
(a) For parent tracts of five acres and above held as of February 7, 2002, or such date thereafter when said land was first included in the A Agricultural Zone, such structures as necessary for farm occupation, by right or special exception; plus
1) The erection of another principal nonagricultural building for each additional five acres rounded down to the nearest five and not including the first five acres, and held as of February 7, 2002, or such date thereafter when said land was first included in the A Agricultural Zone; or
2) The erection of one accessory single-family dwelling (farm or nonfarm) for each additional five acres rounded down to the nearest five and not including the first five acres, and held as of February 7, 2002, or such date thereafter when said land was first included in the A Agricultural Zone; or
3) The subdivision of one lot for each additional five acres rounded down to the nearest five and not including the first five acres, and held as of February 7, 2002, or such date thereafter when said land was first included in the A Agricultural Zone.
(2) Any subdivision or land development plan hereinafter filed with the applicable approving body for subdivision or land development of a lot in this zone shall specify which lot or lots shall carry with it a right of further subdivision or erection of accessory farm or nonfarm single-family dwellings or principal nonagricultural 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 nonfarm single-family dwellings or principal nonagricultural 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.
(3) The number of lots that may be created or accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings that 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.
(4) Any land development, the purpose of which is to permit the erection of a permanent accessory farm or nonfarm 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 nonagricultural purposes regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Municipalities Planning Code.
B. After determining the total number of lots available to a parent tract in § 204, Subsection
4A(1), the number of these lots that may be subdivided in the A Agricultural Zone without the construction of a new street (or streets) shall be limited by the amount of road frontage on a public or private road(s) or street(s) existing on February 7, 2002. The maximum number of lots that may be subdivided without the construction of a new street (or streets) shall be fixed as follows:
(1) One lot shall be permitted to be subdivided for each 300 linear feet of road frontage. The maximum number of lots that may be subdivided shall be calculated after 300 linear feet has been deducted from the total road frontages to allow for the existing use on the lot.
C. Where a new street(s) is proposed, the maximum number of lots permitted to be subdivided shall not exceed the number of lots as provided for in Subsection
4A(1) above.
D. Exemptions From Limitation on Subdivision of Land. The following types of subdivisions shall not be counted against the subdivision/land development quota established by Subsection
4A(1) above:
(1) A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes.
(2) A subdivision to create a lot that will be transferred to the Township or a municipality authority created by the Township.
(3) A subdivision, the sole purpose of which is to transfer land to the adjoiner(s) to be combined with an existing lot(s).
E. Requirements for Plans and Deeds Relating to Lands Within the A Agricultural Zone.
(1) Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of land in the A Agricultural Zone shall specify on the recorded plan which lot or lots shall carry a right of further subdivision or erection of accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract on February 7, 2002, or on the date when such land was first included in the ) Agricultural Zone, whichever is later.
(a) The right of further subdivision or erection of accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings, or a statement that no further subdivision or erection of accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings is permissible, shall also be included in the deed to the newly created lot.
(b) If the designation of the right of further subdivision or erection of additional accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings was not included on a subdivision or land development plan or deed, 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 nonfarm single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract on February 7, 2002, or on the date when such land was first included in the A Agricultural Zone, whichever is later.
(2) Any deed for the conveyance of any lot, parcel, purpart or tract of any parent tract, for which the filing with the applicable approving body of a subdivision or land development plan is not required, shall specify on the deed for the remaining portion of the parent tract and for the lot, parcel, purpart or tract to be conveyed which lot or lots, parcel or parcels, purpart or purparts or tract or tracts shall carry the right of further subdivision or erection of accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract on February 7, 2002, or on the date when such land was first included in the A Agricultural Zone, whichever is later.
(a) If the designation of the right of further subdivision or erection of additional accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings was not included on the deed for the remaining portion of the parent tract and for the lot, parcel, purpart or tract to be conveyed, it shall be conclusively presumed that the larger of the parent tract or lot, parcel, purpart or tract to be conveyed shall carry the right of further subdivision or erection of additional accessory farm or nonfarm single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract on February 7, 2002, or on the date when such land was first included in the A Agricultural Zone, whichever is later.
5. Lot Area and Width. Except as provided for elsewhere in this chapter, lot area and lot width shall be provided according to the following dimensions for each principal use hereafter established in this zone:
A. Minimum lot area:
(1) Single-family detached dwelling: one acre (43,560 square feet).
(3) All other uses: two acres (87,120 square feet).
B. Maximum residential lot size: 1.5 acres.
(1) A nonfarm lot on which a new single-family detached dwelling is to be located shall not contain more than 1 1/2 acres (65,340 square feet) unless the physical characteristics of the land itself require a lot size in excess of 1 1/2 acres. In the event that additional land is required, the amount of land in excess of 1 1/2 acres shall be the minimum amount necessary to make the lot suitable for the location of the proposed dwelling and any on-site sewage disposal and water supply systems serving that dwelling.
(2) The Board of Supervisors shall determine the propriety of any such oversize lot, provided that the maximum lot size approved by the Board of Supervisors shall not exceed two acres in the case of a single-family detached dwelling or 2 1/2 acres in the case of a two-family dwelling. The Board of Supervisors may approve residual lots larger than these sizes in the cases of unsubdividable residual land with no dwelling rights, where unique circumstances exist such as topography, location, roads, etc., which otherwise cause the acreage to be unusable and allow it to be included with the last subdivided lot of a subdivision.
(3) In all other cases, any application requesting a lot size in excess of the maximum sizes set forth in § 204, Subsection
5B(1) or
(2), shall be submitted as a variance to the Manheim Township Zoning Hearing Board rather than to the Board of Supervisors. Further, a decision adverse to an applicant by the Manheim Township Board of Supervisors with respect to lot size changes within the jurisdiction of the Board of Supervisors shall not extinguish the applicant's right to make an application to the Manheim Township Zoning Hearing Board for the same relief.
C. Minimum lot width:
(1) Single-family detached dwelling: 150 feet.
(2) All other uses: 300 feet.
6. Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:
A. Front Setback.
(1) Single-family detached dwelling: 35 feet.
(2) Farm buildings housing animals: 100 feet.
B. Each Side Setback.
(1) Single-family detached dwelling: 10 feet.
(2) Farm building housing animals: 100 feet.
C. Rear Setback.
(1) Single-family detached dwelling: 30 feet.
(2) Farm buildings housing animals: 100 feet.
7. Building Height. The building height limit shall be 50 feet. There shall be no height limitation for farm buildings provided such buildings are set back a horizontal distance at least equal to their height from any property or right-of-way line.
8. Impervious Area.
A. Single-family detached dwelling: no more than 35% of the lot area may be covered with an impervious surface.
B. All other uses: no more than 30% of the lot area may be covered with an impervious surface.