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Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
The following regulations shall apply to the areas designated Agricultural District (A) on the Zoning Map.
[Amended 10-4-2023 by Ord. No. 828]
The following table (Table IV-1) lists all permitted, special exception, and conditional uses in the Agriculture (A) District. Permitted, special exception, and conditional uses shall meet the requirements of Article XIV, § 245-14.1, and specific regulations for each use. All uses shall be permitted in the designated development areas only unless otherwise noted:
Table IV-1
Agriculture District (A)
Use #
Use
Use Regulation
Specific Criteria
Agriculture and Conservation Uses
1
Active and low-impact passive commercial recreation areas (also permitted in the conservation area)
C
2
Agribusiness
P
3
Agriculture, excluding confined livestock operations (conservation area only)
P
4
Confined livestock operations (conservation area only)
C
5
Conservation of open land in its natural state (conservation area only)
P
6
Pasture land for horses used for recreational purposes
P
7
Timber harvesting
P
Residential Uses
8
Single-family, detached
P
Nonresidential Uses
9
Animal hospital
SE
10
Bed-and-breakfast home or inn
SE
11
Camp and campgrounds
C
12
Cemetery
P
13
Contractor's offices, shops and yards
SE
14
Cultural facilities
SE
15
Golf course (development or conservation area)
C
16
House of worship
P
17
Kennel
P
18
Landscaping and garden service, nonretail
SE
19
Municipal uses and buildings
P
20
Natural production uses
C
21
Nursery, horticulture
P
22
Private and semipublic outdoor recreation areas
SE
23
Public parks and recreation areas
P
24
Public uses and buildings
SE
25
Public utility buildings and structures (development or conservation area)
C
26
Riding academy and boarding stable
P
27
School, public or nonpublic
SE
28
Shotgun, rifle, pistol, or archery range
C
29
Wireless communications facilities (conservation area only)
C
Accessory Uses
30
Accessory buildings and structures
P
§ 245-16.2 and § 245-16.3
31
Agricultural uses, including uses on the farmstead (farmhouse, accessory apartment, barns), outbuildings and farm structures. (conservation area)
P
32
Agritourism enterprise
P
33
Apartment, accessory
SE
34
Boardinghouse
SE
35
Exotic wildlife, keeping of in a designated conservation area
P
36
Family child-care home
P
37
Farmers market
P
38
Group child-care homes
SE
39
Honeybee apiaries
P
40
Keeping of animals and animal structures for noncommercial use
P
41
Keeping of chickens or poultry
P
42
Professional and other home occupations, no impact
P
43
Professional and other home occupations, other than no-impact home-based businesses (development and conservation area with a farmstead area)
P
44
Sale of agricultural products in a designated conservation area
P
45
Solar energy systems
P
46
Special occasion home
SE
A. 
Development options. Two conservation subdivision development options are provided to retain the majority of the land for agriculture activity and provide limited development potential for permitted, special exception, and conditional nonagricultural uses.
(1) 
Option 1, Basic Density and Conservation, provides for a minimum of 60% of the tract to remain in agriculture use and allocates the remaining lands for the development of moderate-density residential and nonagricultural uses.
(2) 
Option 2, Enhanced Density with Greater Conservation, provides for a larger percentage of the tract to remain in agricultural use, a minimum of 70%, in exchange for higher densities of residential uses.
B. 
Each tract shall have a minimum conservation area and a maximum development area. Determination of the minimum conservation area and the maximum development area, including the maximum permitted residential density, shall be by the adjusted tract method or the yield method in accordance with § 245-11.7 herein.
(1) 
The conservation requirement shall be the minimum open space requirement (percentage of the adjusted tract area) plus all of the constrained land. The minimum open space requirement shall be as follows:
(a) 
Option 1: 60%.
(b) 
Option 2: 70%.
(2) 
The residential density factor to be applied for the calculation of the maximum residential density in the development area shall be in accordance with the following standards. To provide space for parking, stormwater management and buffering, each acre of nonresidential use shall be equal to two residential units and shall be subtracted from the maximum residential density.
(a) 
Option 1: 80,000 square feet/dwelling unit.
(b) 
Option 2: 60,000 square feet/dwelling unit.
C. 
Permitted, special exception and conditional uses.
(1) 
Permitted, special exception and conditional uses shall meet the requirements of Article XIV, § 245-14.1, and specific regulations for each use.
(2) 
No more than one principal use shall occupy a lot in the development area. The following standards shall apply to developments where both residential and nonresidential lots are occupying the development area.
(a) 
No more than 20% of the development area on the tract shall be devoted to lots with nonresidential uses.
(b) 
The maximum permitted residential dwelling units shall be reduced by two units for each nonresidential acre.
(c) 
The nonresidential development shall meet all buffering requirements in Article XVI, § 245-16.5, herein.
D. 
More than one principal use shall be allowed in the conservation area.
E. 
Lot requirements shall be in accordance with the following standards.
(1) 
On tracts of less than six acres existing on the effective date of this chapter, single-family detached dwellings are permitted on conventional sixty-thousand-square-foot lots with no required greenway land. The following dimensional requirements shall be met.
(a) 
Minimum street frontage: 125 feet.
(b) 
Minimum setbacks.
[1] 
Front yard: 50 feet.
[2] 
Side yard: 30 feet.
[3] 
Rear yard: 30 feet.
(c) 
Maximum impervious coverage: 35% of the lot area.
(d) 
Flag lots shall only be permitted when they will enable the preservation of some important natural or cultural feature (including productive farmland), which would otherwise be disturbed by conventional lotting techniques. Flag lots shall be permitted with a minimum street frontage of 50 feet, and then only in compliance with the specifications in Chapter 220, Subdivision and Land Development Ordinance.
[Added 10-7-2020 by Ord. No. 797]
(2) 
Lot size. To maximize flexibility in design, no minimum lot sizes shall be required in the development area. With the exception that, for lots using on-lot wastewater disposal systems, the minimum lot size shall be the size required by the Township Sewage Enforcement Officer. The septic field may be located on the conservation area if it is held as common open space in the development.
(3) 
Minimum setbacks.
(a) 
Minimum front yard setbacks shall be in accordance with the following standards:
[1] 
Conservation area: 50 feet.
[2] 
Development area: 25 feet.
(b) 
Minimum side yard setbacks shall be in accordance with the following standards:
[1] 
Conservation area: 30 feet.
[2] 
Development area: Distance between residential buildings on adjacent lots shall be not less than 10 feet; however, no residential lot shall have a minimum side setback less than five feet. A nonresidential building shall be no closer than 20 feet to an adjacent building, with no nonresidential lot having a side setback less than 10 feet.
(c) 
Minimum rear yard setbacks shall be in accordance with the following standards:
[1] 
Conservation area: 30 feet.
[2] 
Development area: 15 feet.
(4) 
Lot coverage.
(a) 
Option 1 development areas. Not more than 30% for impervious coverage for residential uses; not more than 30% building coverage and 50% impervious coverage for nonresidential buildings.
(b) 
Option 2 development areas. Not more than 35% for impervious coverage for residential uses; not more than 35% building coverage and 55% impervious coverage for nonresidential buildings.
(c) 
Conservation area. Not more than 10% of the lot area shall be occupied by buildings and impervious surface.
(5) 
Buffers. Buffer yards shall be provided in accordance with the requirements contained in § 245-16.5, General buffer regulations. All grazing and pasture area shall be fenced to prevent livestock from roaming.
(6) 
Building height limit. The maximum height of buildings hereafter erected or altered shall be as follows:
(a) 
One- or two-family dwelling: 35 feet.
(b) 
Church or similar place of worship: 45 feet for the principal building.
(c) 
Nonresidential: 35 feet.
(d) 
Other structures shall comply with provisions of § 245-16.6 of this chapter.
F. 
Developments in the A District shall meet the general regulations and design standards for conservation subdivisions in accordance with § 245-11.8 herein.
G. 
In order to preserve a concentration of farmed land in Upper Allen Township, conservation land shall be designed to include prime agricultural soils as identified in the Upper Allen Township Comprehensive Plan, contiguous farmed portions of the same tract and, where adjoining another farm parcel, farmed land contiguous to farmed portions of the adjoining tract.
H. 
Conservation area easements. Designated conservation areas shall be permanently protected through a conservation easement in accordance with § 245-11.9 herein.
I. 
Ownership and maintenance of conservation areas and common facilities. The ownership and maintenance of designated conservation areas and common facilities shall be in accordance with § 245-11.10 herein.
Signs shall be permitted in accordance with Article XVIII, Signs, of this chapter.
Off-street parking and access requirements shall be provided in accordance with Article XVII, Off-Street Parking and Loading, of this chapter.
Lands within the Agricultural District are located within an area where land is used for commercial 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 and soil amendments. 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 the Pennsylvania Act 133 of 1982, as amended, otherwise known as the "Right to Farm Law,"[1] may bar them from obtaining legal judgment against such normal agricultural operations used in a prudent manner.
[1]
Editor's Note: See 3 P.S. § 951 et seq.