The purpose of the "A" Agricultural District is to preserve
or encourage the preservation of agricultural land. This district
is established to provide space which will be used primarily for agricultural
activities and to protect such areas and particularly grape growing
areas against unjustifiable urban encroachment.
A.
Permitted uses.
(1)
Farms, including but not necessarily limited to silos, cribs, machine
sheds, coups, barns, livestock sheds, and bins.
(2)
Other agricultural uses, including horticulture, pasturage, orchards,
vineyards, plant nurseries and their associated support facilities.
(3)
Agricultural processing industries and warehouses, except slaughterhouses
and dead animal reduction plants. This category includes retail outlets
for agricultural products produced on and off premises, including
wineries, cider mills, and farmers' markets.
(4)
Growing and selling, either wholesale or retail, of all types of
agricultural, poultry or livestock products.
(5)
Greenhouses.
(6)
Stables and riding academies (commercial or private), subject to § 490-15E(1).
(7)
Grange halls and related agricultural organizations.
(8)
Sportsman's clubs.
(9)
Public or private golf courses.
(10)
Single-family farm and nonfarm dwellings.
(11)
Essential services, as defined in Article IV, provided they shall be necessary to the adequate distribution of service and shall not include any type of equipment that will interfere with local radio and/or television reception or otherwise be detrimental to the surrounding area.
(12)
Public and noncommercial recreation facilities.
(13)
Emergency response facilities.
[Added 5-18-2016 by Ord.
No. 2010-200-14]
B.
A Agricultural accessory uses.
(1)
Private
garages.
(2)
Private
residential swimming pools, tennis courts, tool and/or storage sheds
and greenhouses.
(3)
No-impact
home-based business.
(4)
Walls, fences, lampposts and similar accessory structures, subject to the limitations contained in Article XX.
(7)
Energy conversion equipment such as solar collectors and wind energy conversion systems, see Article XX.
(8)
Other
accessory uses, provided they shall be customarily incidental and
subordinate to a permitted use and they shall be located on the same
lot as the principal use.
C.
See also § 490-18 for special requirements for new lots.
|
Use Type/Dimension
|
Single-Family Farm Dwellings and Nonfarm Dwellings
|
Nonresidential Uses
|
|---|---|---|
|
Minimum lot area
|
40,000 square feet
|
40,000 square fee
|
|
Minimum lot width
|
150 feet
|
200 feet
|
|
Minimum front yard depth
|
50 feet
|
50 feet
|
|
Minimum side yard width
|
Principal structures and accessory structures with more than
120 square feet of floor area: 30 feet each side
Accessory structures with less than 120 square feet of floor
area:
Interior lot line: 5 feet.
Street side on corner lot: 20 feet
|
100 feet from a residential use
50 feet from another nonresidential use
|
|
Minimum rear yard depth
|
Principal structures and accessory structures with more than
120 square feet of floor area: 35 feet
Accessory structures with less than 120 square feet of floor
area: 5 feet
|
100 feet from a residential use
50 feet from another nonresidential use
|
|
Maximum height of structure
|
35 feet
|
45 feet
|
|
Maximum coverage
|
25%
|
25%
|
Certain portions of this zoning district may be located in critical conservation areas which are regulated by the Harborcreek Township Code, Chapter 149, Bluff Setbacks, and Chapter 230, Flood Damage Prevention. The conservation areas are located along the Lake Erie shoreline and along certain stream valleys. Consultation with the Zoning Office will provide guidance to specific development regulations that affect these areas and the specific locations of the particular conservation areas.
Purpose. Because the "A" Agricultural District is specifically
designated to protect the Township's unique high-value farmland
from complete development into lots too small for the practice of
viable agriculture, the following limits shall apply in the creation
of new lots from parent tracts within the district. However, to offer
farmland owners maximum opportunities and flexibility for their property,
three options are offered. Option one shall be through permitted use.
Options two and three shall be through conditional use approval.
A.
Option one: conventional subdivision.
(1)
In this option, minimum lot sizes of 40,000 square feet are still
applicable. However, only a limited number of new lots may be created.
The following limits shall apply in the creation of new lots from
parent tracts within the district. The number of new lots created
within any parent tract existing in separate ownership on the date
of adoption of this chapter shall not exceed the number in Table 490-18A
below. Separate ownership shall be determined according to the Erie
County Assessment Office lot and block records. Regardless of actual
party of ownership, a property shall be regarded as existing in separate
ownership on the date of adoption if it has a separate deed or tax
parcel number. Subsequent or additional subdivisions of lots previously
subdivided shall also be limited in the future, based upon the original
parcel size in separate ownership at the time of adoption. Both new
lots and residual portion of parent tracts must meet minimum lot size
standards for the district.
|
Table 490-18A
| |
|---|---|
|
Size of Original Property in Separate Ownership
|
Maximum Number of Lots*
|
|
Less than 4 acres
|
3
|
|
4 acres or over but less than 10 acres
|
4
|
|
10 acres or over but less than 25 acres
|
5
|
|
25 acres or over but less than 50 acres
|
6
|
|
50 acres or over but less than 75 acres
|
7
|
|
75 acres or over but less than 100 acres
|
8
|
|
100 acres or over but less than 125 acres
|
9
|
|
125 acres or greater
|
10
|
|
*
|
Including any original or residual tract not subdivided.
|
(2)
The provisions of this section shall apply to all parent tracts as
of the effective date of this chapter. Regardless of size, no parcel
or lot subsequently subdivided from its parent tract shall qualify
for additional lots pursuant to this section, unless the property
is rezoned. All subsequent owners of parcels of land subdivided from
a parent tract shall be bound by the actions of the previous owners
of the parent tracts. Any subdivision or land development plan hereafter
filed for a parent tract in the "A" Agricultural District shall specify
which lot or lots shall carry with them the right to erect or place
thereon any unused quota of single-family detached dwellings or farm
parcels as determined and limited by the provisions of this section.
(3)
In the event a tract of land not originally classified as part of
the "A" Agricultural District on the effective date of this chapter
is hereafter classified as part of the "A" Agricultural District,
the size and ownership of such tract of land and its classification
as a parent tract shall be determined as of the effective date of
the change in the zoning classification to "A" Agricultural.
B.
Option two: homestead and country lots.
(1)
This option is designed to allow further subdivision of tracts over
25 acres (including such tracts previously developed under this subsection)
than permitted under option one. The intent is to allow a mix of larger
homestead lots for the purposes of horsekeeping or limited agriculture
with smaller country lots. At least 50% of the total number of proposed
lots shall meet the minimum dimensions of homestead lots (or be of
greater size). The remaining 50% of lots may be of country lot standards.
(2)
If at least 50% of the total tract acreage prior to subdivision is
proposed for homestead lots of at least 10 acres in size each, the
remaining 50% of the tract may be used for country lots, regardless
of the lot ratios previously stated.
(3)
Each newly created homestead lot or country lot shall be accompanied
by a deed restriction restricting any future subdivision.
C.
Option three: cluster subdivision.
(1)
Under this option, developers may create smaller lots while retaining
overall site density and thus saving on road and infrastructure costs.
However, because of higher density, a higher level of site planning
is necessary to preserve rural resources and natural infrastructure.
(2)
Standards:
(a)
The minimum size for a cluster subdivision option is 25 acres.
(b)
The maximum number of permitted new lots shall be determined
by dividing the total square footage of lands lacking rights-of-way,
easements, steep slopes 15% or greater, floodplains and wetlands (per
the existing conditions map) by 80,000 square feet. This shall be
done as follows:
[1]
Step one: determine adjusted tract acreage.
|
Total Tract Acreage
|
|
Subtract lands in rights-of-way or utility easements
|
|
Subtract lands in open water, hydric soils, or other statutory
wetlands
|
|
Subtract all lands in 15%+ steep slope as determined by USGS
1:24000 Series, Local Topographic Mapping, or the Township Comprehensive
Plan maps
|
|
Subtract all land in floodplains
|
|
Resulting acreage = adjusted tract acreage
|
[2]
Step two: adjusted tract acreage (expressed as square feet)
divided by 80,000 square feet equals the total number of lots permitted.
(ATA/80,000 square feet = total lots permitted.) Minimum
lot size shall be 40,000 square feet.
D.
Open space.
(1)
The developer shall preserve either 60% of the entire tract or 70%
of the active agricultural lands as open space. No tract of open space
shall be less than 10 acres. A deed covenant shall be attached to
prevent construction of other than a farm building or farm accessory
structure within any tract of open space. Open space uses may be any
combination or single use listed below:
(a)
Off-lot septic easements or wells, provided that homeowner access
is permitted through easement.
(b)
Timber management and forestry.
(c)
Agriculture.
(d)
Equestrian activities by community residents.
(e)
Scenic areas and vistas.
(f)
Fishing, hunting, wildlife observation, and similar outdoor
recreational pursuits.
(g)
Developed parklands.
(2)
Other open space uses may be accepted by the Township if approved
prior to submission of an alternative plan and such uses do not entail
residential or commercial use.
(3)
Unless devoted to agriculture or forestry uses, these areas must
be owned by a land trust, government, homeowners' association,
or similar responsible body to ensure maintenance or proper management
in perpetuity. If devoted to agriculture or private forestry, means
for appropriate permanent dedication or deed covenants to prevent
its development shall be required prior to approval.
E.
Other development standards.
(1)
Streamside buffer areas. To naturally control stormwater runoff,
setbacks and yard areas shall be maintained between any perennial
stream or natural watercourse based upon the slope between any building
or parking area and the nonflood waterline. Slope shall be calculated
from the difference in elevation between the edge of the nonflood
waterline and the proposed building site facing the stream by subtracting
the lower elevation from the higher elevation and dividing this by
the linear distance. In this buffer area no new structures shall be
constructed, nor shall any clearing of trees or understory growth
be permitted (except as may be necessary for street or trail construction
or forest management). Where this buffer is unwooded, the Board may
require vegetative screening to be planted or that it be managed to
encourage natural forest succession through no-mow policies and the
periodic removal of invasive alien plant and tree species. Steamside
buffer area setbacks shall be as follows:
|
Slope
(%)
|
Setback
(feet)
|
|---|---|
|
0 to 8
|
25
|
|
10 to 15
|
50
|
|
16+
|
75
|
(2)
Buffers for adjacent public parkland.
(a)
Where a proposed development adjoins public parkland, a natural
greenway buffer at least 150 feet deep shall be provided within the
development along its common boundary with the parkland, within which
no new structures shall be constructed, nor shall any clearing of
trees or understory growth be permitted (except as may be necessary
for trail construction or forest management). Where this buffer is
unwooded, the Board may require vegetative screening to be planted
or that it be managed to encourage natural forest succession through
no-mow policies and the periodic removal of invasive alien plant and
tree species.
(b)
Whenever any proposed option three subdivision abuts an agricultural
security area or active agriculture is proposed as a part of open
space, the distance between active agricultural areas and proposed
dwellings shall be maximized. Under no circumstances shall a dwelling
unit be within 100 feet of an agricultural security area.
F.
Required information for option two or three conditional use approval:
(1)
An existing conditions map must be submitted, which details:
(a)
Topography, the contour lines of which shall be taken from the
US Geological Survey 1:24000 Series or the slope maps contained in
the Township Comprehensive Plan. Areas of slope of 15% or greater
shall be clearly depicted.
(b)
The location and delineation of ponds, streams, ditches, drains,
and natural drainage swales, as well as the 100-year floodplains and
wetlands as depicted by U.S. Fish and Wildlife Service maps (included
in the Comprehensive Plan) or presence of hydric soils pursuant to
U.S. Department of Agriculture Maps (also in the Township Comprehensive
Plan) in the additional areas of wetlands on the proposed development
parcel shall also be indicated, as evident from testing, visual inspection,
or from the presence of wetland vegetation.
(c)
Vegetative cover conditions on the property according to general
cover type, including cultivated land, permanent grass land, meadow,
pasture, old field, hedgerow, woodland and wetland, trees with a caliper
in excess of 15 inches, and the actual canopy line of existing trees
and woodlands. Vegetative types shall be described by plant community,
relative age and condition.
(d)
Soil series, types and phases, as mapped by the U.S. Department
of Agriculture, Natural Resources Conservation Service, in the published
soil survey for the county and accompanying data published for each
soil relating to its suitability for construction (and, in nonsewered
areas, for septic suitability). Active farmlands in grape production
shall be clearly delineated.
(e)
Ridgelines and watershed boundaries shall be identified.
(f)
All existing man-made features, including but not limited to
streets, driveways, farm roads, woods roads, buildings, foundations,
walls, wells, drainage fields, dumps, utilities, fire hydrants, and
storm and sanitary sewers.
(2)
The developer shall use the existing conditions map as a base upon
which to prepare a sketch plan that generally depicts the proposed
development and meets the following standards. This sketch need not
contain bearings or distances for proposed lots. It must generally
depict the location, size and configuration of lots, dwelling units
and open space. As a condition of approval, the developer shall agree
to utilize any approved sketch plan as the basis for the preliminary
and final subdivision plans.
G.
Deed notation to protect agricultural operations. Within all options,
deed covenants shall be attached to each lot that state: "the grantee
acknowledges that this lot is within an active agricultural area.
It may be subjected to the odors, dust, noise and other impacts that
are a part of normal farming practices, and that agriculture has the
preexisting right of use in this area." Private deed covenants shall
not preclude normal agricultural use.
