Township of Fairview, PA Rural Area Zoning Districts

	Table 4-1 Rural Area Zoning Districts
	RL Rural Living Zoning District (RL)	This zoning district predominately includes a mix of agriculture, agriculture support and related rural businesses, lower-density rural residential type uses, and resource conservation areas.

[Amended 10-30-2017 by Ord. No. 2017-3]

See Table 4-2 in this section for the types of uses permitted in the respective Rural Area Zoning District as set forth by this chapter. Uses are divided into those permitted by right "P" (zoning decision by Zoning Officer); permitted by special exception "SE" (zoning decision by Zoning Hearing Board of the Township of Fairview); and permitted by conditional use "CU" (zoning decision by Board of Supervisors of the Township of Fairview). Many of the uses permitted by the above three categories shall also comply with certain criteria, which are found in Article X of this chapter. The specific section numbers of Article X where the criteria are located are noted in the table. Uses not listed in the tables below or identified by "N" shall specifically not be permitted in the applicable Rural Area Zoning Districts:

KEY:
P	Permitted by right (zoning decision by Zoning Officer)
SE	Special exception use (zoning decision by Zoning Hearing Board of the Township of Fairview)
CU	Conditional use (zoning decision by Board of Supervisors of the Township of Fairview)
N	Not permitted

Table 4-2 Permitted Uses, Rural Area Zoning Districts
Types of Uses	RL Rural Living Zoning District	Criteria and Regulations Section
A. RESIDENTIAL USES
Group home	P	§ 300-70
Single-family detached dwelling	P
B. NONRESIDENTIAL USES
B.1 Commercial Uses
Animal hospital	SE	§ 300-71
Campground or recreational vehicle park	P	§ 300-71
Commercial recreation, outdoor	SE	§ 300-71
Craftsman/artisan studio	P
Golf course	P	§ 300-71
Kennel, commercial	P	§ 300-71
Landscaping service	P	§ 300-71
Outdoor shooting range	SE	§ 300-71
Veterinary office	P	§ 300-71
B.2 Industrial Uses
Mineral extraction	CU	§ 300-72
Sawmill	SE
B.3 Institutional/Civic Uses
Animal rescue shelter	P	§ 300-73
Cemetery	P	§ 300-73
Clubhouse or lodge, private	P	§ 300-73
Government facility other than municipal-owned uses	P
Hunting club	P/SE (if outdoor shooting range)	(if outdoor shooting range, § 300-71)
Municipal-owned uses	P	§ 300-73
Nature preserve and wildlife sanctuary	P
Park and other noncommercial outdoor recreational uses	P
Place of worship and related uses	P
Public/private utility	P	§ 300-73
School, public or private	P
B.4 Forestry/Agriculture Uses
Agribusiness	SE	§ 300-74
Agricultural operation	P	§ 300-74
Agricultural support business	P	§ 300-74
Community garden	P	§ 300-74
Forestry (commercial timber harvesting)	P	§ 300-74
Greenhouse/plant nursery	P	§ 300-74
Riding school and boarding stable	P	§ 300-74
B.5 Miscellaneous Uses
Adaptive reuse of existing agricultural structure	SE	§ 300-75
Multiple permitted uses on a lot	P	§ 300-44
Solar energy production	SE	§ 300-75
Telecommunications signal site (antenna only)	P	§ 300-75
Telecommunications signal site	SE	§ 300-75
Wind energy production	SE	§ 300-75
C. SPECIFIC ACCESSORY USES
Accessory structures and uses customarily incidental and subordinate to the principal uses permitted in the applicable zoning district, other than specified elsewhere in this chapter, including but not limited to Article VII of this chapter	P	N/A
Accessory apartment	SE	§ 300-76
Agri-tainment/agri-tourism	SE	§ 300-76
Bed-and-breakfast	P	§ 300-76
Community garden	P	§ 300-76
Day care, accessory	P	§ 300-76
Day care, family	P	§ 300-76
Farm occupation	P	§ 300-76
Home occupation	SE	§ 300-76
No-impact home occupation	P	§ 300-76
Noncommercial keeping of livestock	P	§ 300-76
Outdoor furnace	P	§ 300-76
Roadside stand	P	§ 300-76
Rural occupation	SE	§ 300-76

See Table 4-3 in this section for the area and design requirements for all development activities and uses within the respective Rural Area Zoning Districts:

Table 4-3 Area and Design Requirements RL Rural Living Zoning District
	Permitted Uses
	Single-Family Detached Dwelling (SFD)		All Other Nonresidential, Non-Forestry/ Non-Agriculture Uses (other than specified in Article X of this chapter)	Accessory use or structure (other than specified elsewhere this chapter including Articles VII–X of this chapter)
Area/Design Features	New SFD Sited Along an Existing Street after the Effective Date of this Chapter	New SFD Sited Along a New Street after the Effective Date of this Chapter
Lot area per unit (minimum)	80,000 sq. ft.	40,000 sq. ft.	5 acres	Included as part of total minimum lot area for principal use
Minimum lot width at lot frontage (corner)	350 ft. along an arterial street		350 ft.	Included as part of total minimum lot width for principal use
	300 ft. along a collector street
	250 ft. along an existing local street
	95 ft. along a new local street
Minimum lot width at lot frontage (corner)	350 ft. along an arterial street		350 ft.	Included as part of total minimum lot width for principal use
	300 ft. along a collector street
	250 ft. along an existing local street
	95 ft. along a new local street
Setback, front (minimum)	150 ft. along an arterial street¹		150 ft.	Not permitted to be located in the required front setback nor within the front yard if principal building is less than 150 ft. from street right-of-way
	125 ft. along a collector street¹
	100 ft. along an existing local street¹
	75 ft. along a new local street¹
Setback, side (minimum each side)	30 ft.	30 ft.	75 ft.	20 ft. SFD/50 ft. all other nonresidential, nonagriculture uses
Setback, rear (minimum)	50 ft.	50 ft.	75 ft.	20 ft. SFD/50 ft. all other nonresidential, nonagriculture uses
Impervious lot coverage (maximum)	20%	30%	15%	Included as part of total maximum impervious coverage for principal use
Vegetative coverage (minimum)	60%	60%	60%	Included as part of total minimum vegetative coverage for principal use
Building height (maximum)	35 ft.	35 ft.	35 ft.	Not permitted to be higher than the principal structure
Commercial, non-forestry/nonagriculture building footprint (maximum)	N/A	N/A	25,000 sq. ft.	Included as part of total maximum commercial, nonagriculture principal building footprint

N/A	Not Applicable
¹	Provided, however, that the setback distance shall be 25 feet if the residential building was erected when the setback was applicable.

Additional building and site design standards for non-forestry/nonagriculture related development activities and uses in the RL Rural Living Zoning District.

(1)

All non-forestry/nonagriculture related development activities and uses shall be compatible with the existing rural landscape, community character, and rural design.

(a)

Buildings; structures; driveways; access drives; parking areas; loading areas; lighting; trash, refuse, storage and servicing areas; and other site improvements shall be located and designed to minimize adverse impacts on abutting properties;

(b)

Driveway and access drive intersections with streets and traffic circulation patterns within lots shall be located and designed to minimize congestion and safety problems on the lot, on adjacent streets, and nearby intersections.

(c)

For parent tracts of five acres or greater and of five or more cumulative lots on the effective date of this chapter, the following regulations apply to all non-forestry/non-agriculture related development activities and uses (excluding existing single-family detached dwellings):

[Amended 1-25-2016 by Ord. No. 2016-1]

[1]

Identification of important natural resources and features for preservation.

[a]

Prior to the submittal of subdivision and/or development plans showing the location of proposed lots or streets, the applicant shall provide the Township with a Natural Resources and Features Site Inventory.

[b]

Within the site proposed for subdivision and/or land development and within 100 feet of the site boundaries, the Natural Resources and Features Site Inventory shall show the general location of the existing natural features and resources and man-made resources and features. The natural resources and features shall include the areas and lands considered for conservation listed in "existing protected areas," "primary conservation areas," and "secondary conservation areas" listed in Article II of this chapter and as set forth in the most recent version of the Fairview Township Comprehensive Plan. These features and resources identified on the Natural Resources and Features Site inventory shall be used as a guide prioritizing key natural features and resources to be preserved on the site. See Figure 4.1, Sample Natural Resources and Features Site Inventory.

Figure 4.1

Sample Natural Resources and Features Site Inventory

(Source: Protecting Natural, Scenic, and Historic Resources: Rural Residential District, Montgomery County Planning Commission, 2008)

[c]

Future development plan submittals for the site shall, to the greatest extent possible, permanently protect the key natural and man-made features and resources as "conservation areas."

Figure 4.2

Sample Priority Conservation Areas

(Source: Protecting Natural, Scenic, and Historic Resources: Rural Residential District, Montgomery County Planning Commission, 2008)

[2]

Conservation areas.

[a]

Key natural features and resources identified on the Natural Resources and Features Site Inventory shall be preserved as "conservation areas" through a deed restriction and conservation easement that prohibits future development. See Figure 4.2, Sample Priority Conservation Areas.

[b]

Conservation areas shall comprise at least 40% of the net tract area of a proposed subdivision and/or land development of tracts five acres or larger in size, existing at the time of adoption of this chapter.

[c]

Conservation areas may be on portions of residential or nonresidential lots or may be on separate open space lots. See Figure 4.3, Sample Final Conservation Areas.

Figure 4.3

Sample Final Conservation Areas

(Source: Protecting Natural, Scenic, and Historic Resources: Rural Residential District, Montgomery County Planning Commission, 2008)

[3]

In addition to the area and design requirements in Table 4-2, all proposed non-forestry/nonagriculture developments and uses shall meet the following density and/or intensity standards:

[a]

Density and/or intensity. The permitted density and/or intensity on a property shall be based on the developable area of the tract.

[i]

Calculation of the developable area of a tract. The developable area of a tract is calculated by subtracting portions of environmentally constrained land from the total net tract area, as outlined in this subsection below.

[A]

Step 1. Determine the net tract area. The net tract area shall be the total gross tract area of the tract minus the land area within street ultimate rights-of-way lines, utility easements, and access easements.

[B]

Step 2. Determine environmental constraints to subtract from net tract area. The table below lists environmental constraints that shall be subtracted from the net tract area to determine the developable area of a tract. To determine how much to subtract, the acreage of the environmental constraint shall be multiplied by the ratio listed in this subsection below.

Environmental Constraint	Total Acreage of the Constraint on the Tract*	Ratio to Determine Portion of Constraint to Subtract		Acreage of Environmental Constraint to Subtract from Net Tract Area
Rights-of-way and easements: Total land area within the proposed and existing public and private rights-of-way and easements	_____ acres	x	1	=_____ acres
Wetlands: Total land area of designated wetlands	_____ acres	x	0.95	=_____ acres
Floodway: Total land area within the floodway	_____ acres	x	1	=_____ acres
Floodplains: Total land area within the 100-year floodplain	_____ acres	x	.5	=_____ acres
Steep slopes: Total land area with natural ground slopes greater than or equal to 25%	_____ acres	x	.67	=_____ acres
Moderately steep slopes: Total land area with natural ground slopes of between 15% and 24.99%	_____ acres	x	0.33	=_____ acres
Extensive rock outcroppings: Total land area of rock outcrops and boulder fields more than 1,000 square feet	_____ acres	x	.95	=_____ acres
Ponds, lakes and streams: Total area of ponds, lakes and streams	_____ acres	x	1	=_____ acres
Woodlands: Total land area of woodlands (Applies to woodlands that existed on a tract within five years prior to an application for subdivision and/or land development)	_____ acres	x	0.5	=_____ acres
Riparian corridors: Total land area within 24.99 feet of the edge of a perennial or intermittent stream	_____ acres	x	0.67	=_____ acres
Riparian corridors: Total land area between 25 feet and 75 feet of the edge of a perennial or intermittent stream	_____ acres	x	0.33	=_____ acres
Seasonal high water table: Total land area with less than 18 inches depth to water table (only applies when sewage system utilizes land for disposal)	_____ acres	x	0.67	=_____ acres
Seasonal high water table: Total land area with between 18 inches and 36 inches depth to water table (only applies when sewage system utilizes land for disposal)	_____ acres	x	0.33	=_____ acres
Depth to bedrock: Total land area with less than 42 inches depth to bedrock (only applies when sewage system utilizes land for disposal)	_____ acres	x	0.33	=_____ acres
Diabase bedrock: Total land area with diabase bedrock based on the most recent version of the Fairview Township Comprehensive Plan and/or Act 537 sewage facilities plan (only applies to sites using wells for water supply)	_____ acres	x	0.67	=_____ acres

*	When environmental constraints overlap, only the acreage of the environmental constraint with the highest ratio listed above is used.

[C]

Step 3. Determine developable area of a tract. The adjusted acreages of the environmental constraints from the last column are now subtracted from the net tract area to determine the developable area of the tract. See Figure 4.4, Sample Developable Area (Tan) and Environmental Constraints.

Figure 4.4

Sample Developable Area (Tan) and Environmental Constraints

(Source: Protecting Natural, Scenic, and Historic Resources: Rural Residential District, Montgomery County Planning Commission, 2008)

[b]

Residential density calculation. The permitted number of dwelling units on a tract shall be no greater than the developable area of the tract in square feet divided by 80,000 square feet, rounded down to the nearest whole number.

[4]

Additional design standards.

[a]

Layout of residential development. Because minimum lot size is 40,000 square feet and dwelling unit density is one home per 80,000 square feet of developable area, there is much flexibility built into the subdivision of a property into residential lots. Tracts proposed for residential development can be subdivided in one of two ways:

[i]

With a variety of lot sizes that on average equal a density of one dwelling unit per 80,000 square feet of developable area and no common open space. In this instance, conservation areas would be completely located on private residential lots.

[ii]

With common open space on the tract in addition to the residential lots. In this instance, conservation areas could be located in common open space areas and/or on private residential lots.

[b]

Location of buildings, site improvements, and manicured landscaping. All newly constructed buildings, site improvements, and manicured landscaping shall meet the following location requirements:

[i]

New buildings, site improvements, and manicured landscaping shall avoid, to the greatest extent possible, the key natural features and resources identified for preservation on the Natural Resources and Features Site Inventory. This can be accomplished by placing common open space or oversized lots on these key natural resource and feature areas and designating these areas as conservation areas.

[ii]

Views of new dwellings and other new buildings, site improvements, and manicured landscaping from exterior streets and abutting properties shall be minimized by placing these elements and features below ridgelines, beyond grade changes, in existing woodlands, behind hedgerows, and/or through the use of other screening techniques through which new buildings and development blends into the rural landscape and character. New buildings and development shall not be located along or be visible from existing streets.

[iii]

Where none of these features exist, new hedgerows, buffering, screening, and/or other landscaping shall be installed to screen views of buildings, site improvements, manicured landscaping, and streets, in accordance with the Article VII of this chapter relating to buffer and screening regulations.

[c]

Layout of developments. Proposed developments shall use existing natural contours, hedgerows, tree lines, streams, and other features to guide the placement of streets, driveways, access drives, parking areas, loading areas, buildings, other site improvements, and lots to minimize congestion safety problems, and adverse impact on the lot, on adjacent lots and streets, and nearby intersections. Changes to existing grades, vegetation, natural features, and man-made features shall be minimized and key natural features and resources shall be protected. See Figure 4.5, Sample Final Overall Site Design.

[d]

Design of parking lots for five or more vehicles.

[i]

Views of parking lots from exterior streets and abutting properties shall be minimized by placing parking lots beyond grade changes, in existing woodlands, and behind existing hedgerows.

[ii]

Where none of these natural features exist, views of parking lots shall be screened by new hedgerows and/or screening in accordance with Article VII of this chapter relating to buffer and screening regulations.

[e]

Open space, trails, and greenways.

[i]

When common open space is proposed, this open space shall meet the design, ownership, and maintenance requirements outlined in Subsection B(1)(c)[5] below.

[ii]

Rights-of-way for trails and pathways shown in most recent version of the Fairview Township Comprehensive Plan shall be legally and permanently reserved, whether on Township property, commonly owned land, or private lots. These trails shall be constructed at the time of land development.

Figure 4.5

Sample Final Overall Site Design

(Source: Protecting Natural, Scenic, and Historic Resources: Rural Residential District, Montgomery County Planning Commission, 2008)

[f]

Driveways and access drives. In conjunction with Chapter 260 relating to subdivision and land development, driveways and access drives shall meet the following standards:

[i]

No more than two driveways or access drives are permitted for each lot per street.

[ii]

Driveway and access drive access points shall meet the following spacing requirements:

[A]

On arterial streets, driveways and access drives shall be at least 200 feet from other driveways, access drives, and from street intersections.

[B]

On collector streets, driveways and access drives shall be at least 150 feet from other driveways, access drives, and from street intersections.

[C]

On all other existing streets, driveways and access drives shall be at least 100 feet from other driveways, access drives, and from street intersections.

[5]

Deed restrictions for conservation areas.

[a]

Conservation areas, as required, shall be preserved with a deed restriction and conservation easement that protects key natural resources and features identified by from the Natural Resources and Features Site Inventory, such as natural features and resources from future adverse impacts and development.

[i]

Conservation areas with natural features and resources may include open space, trails, and greenways as set forth in Subsection B(1)(c)[4][e] above along with nature preserves and wildlife sanctuaries, forest preserves, and other similar passive recreational park areas acceptable to the Township.

[ii]

Conservation areas with natural features and resources shall not include new streets, sidewalks, buildings, swimming pools, furniture, play equipment, or similar man-made items or active recreation facilities. In addition, manicured landscaping and/or invasive plants shall not be permitted.

[iii]

Sewage disposal systems shall take up no more than 10% of a site's conservation areas.

[iv]

Deed restrictions shall be in a recordable form approved to by the Township and recorded in the York County Recorder of Deeds setting forth the ownership, access, use, management, and maintenance of the conservation areas. Conservation easements shall give the Township the right to inspect the site and monitor compliance with the deed restriction.

[b]

For lots of 60,000 square feet or greater, a deed restriction shall be recorded which notes the number of lots that can be subdivided from this lot, based on the density calculated for the developable area of the whole original tract. For many lots, this deed restriction may note that no additional residential lots can be subdivided from the lot.

Table 4-4 Overlay Zoning Districts
Rural Area Zoning District	Airport Overlay Zoning District (APO)	Floodplain Overlay Zoning District (FPO)	Scenic River Corridor Overlay Zoning District (SRCO)
RL Rural Living Zoning District	See § 300-25 relating to Airport Overlay	See § 300-26 relating to Floodplain Overlay	See § 300-27 relating to Scenic River Corridor Overlay

	Table 4-1 Rural Area Zoning Districts
	Rural Area Zoning District Names	Rural Area Zoning District Purpose Statements
	RL Rural Living Zoning District (RL)	This zoning district predominately includes a mix of agriculture, agriculture support and related rural businesses, lower-density rural residential type uses, and resource conservation areas.