Article 6
Agricultural District (A)
§14-601 Purpose.
The regulations of the Agricultural District are designed to encourage the continuance of farming activities by protecting and preserving the Borough’s prime agricultural soils to the greatest extent possible. Principal protection and preservation emphasis is concentrated on existing farmland and conversion to nonfarm usage is discouraged. Limited residential, nonresidential and farm-related commercial uses are permitted to facilitate those individuals who may desire to locate in an agricultural setting.
(Ord. 2008-1, 6/9/2008, §600)
§14-602 Permitted Uses.
1. Agricultural operations such as crop and truck farming, pasturing, truck gardening, horticulture, nurseries, aviaries, hatcheries, apiaries, nonintensive animal operations, and similar agricultural uses. Green houses are also permitted, provided that they do not involve retail sales.
2. Riding academies, public or private stables, kennels, and animal hospitals provided that no building in which animals are kept (e.g., barn, stable, shed, shelter, etc.) and no kennel runway, animal training ring or other enclosure which concentrates animals shall be located within 100 feet of any lot line or road right-of-way.
3. Conservation areas and structures for the preservation of open space, water, soil, forest, and wildlife resources.
4. Park and recreation areas, forest preserves, game refuges, and similar nonintensive uses.
5. Churches, associated parish houses, and cemeteries.
6. Single-family dwellings, in accordance with the requirements of §§14-605 and 14-606 of this Chapter, including maximum lot area requirements.
7. Group family dwellings, subject to the conditions listed in §14-2606 of this Chapter.
8. Family day care homes, subject to the conditions listed in §14-2607 of this Chapter.
9. Home occupations, subject to the conditions listed in §14-2612 of this Chapter.
10. Forestry activities, subject to the conditions listed in §14-2220 of this Chapter.
11. Customary accessory uses and structures incidental to any of the above permitted uses, as provided for in Article 22 of this Chapter, and including the following:
A. Roadside stands for the sale of “home-grown” or “home-made” products when located not less than 20 feet from the road cartway and not within the road right-of-way.
(Ord. 2008-1, 6/9/2008, §601)
§14-603 Conditional Uses.
Upon approval by Borough Council, the following conditional uses are permitted, provided the use complies with the conditions listed herein and the applicable requirements specified in Article 26 of this Chapter. Additionally, the applicable requirements of §§14-605 and 14-606 of this Chapter, including maximum lot area, shall also apply:
A. Saw mills and other establishments associated with forestry.
B. Group day care homes, subject to the conditions listed in §14-2608 of this Chapter.
C. Home businesses, subject to the conditions listed in §14-2612 of this Chapter.
D. Farm-based businesses, subject to the conditions listed in §14-2616 of this Chapter.
(Ord. 2008-1, 6/9/2008, §602)
§14-604 Intensive Agriculture Overlay District.
The regulations of the Intensive Agriculture Overlay District are designed to provide for areas within certain agriculturally zoned portions of the Borough where agricultural activities, including commercial livestock and poultry operations, can be located. It is recognized that such activities may be incompatible with the predominantly residential character of surrounding zoning districts; therefore, additional regulations and safeguards apply.
A. Overlay Concept. The Intensive Agriculture Overlay District described above shall be an overlay on Agricultural District, as shown on the Official Borough of Cornwall Zoning Map and, as such, the provisions of this Section shall serve as a supplement to the underlying district provisions.
(1) To the extent the provisions of this Section are applicable and more restrictive, they shall supersede conflicting provisions within all other Sections of this Chapter and all other ordinances of Cornwall Borough. However, all other provisions of all other Articles of this Chapter and all other ordinances of Cornwall Borough shall remain in full force.
(2) In the event any provision concerning the Intensive Agriculture Overlay District is declared inapplicable or illegal as a result of any legislative or administrative actions or judicial decision, the regulations of the underlying district shall remain applicable.
B. Permitted Uses. All uses permitted by right in the underlying zoning district.
C. Conditional Uses.
(1) All uses permitted by conditional use in the underlying zoning district.
(2) Intensive agricultural operations, subject to the requirements of §14-2611 of this Chapter.
(Ord. 2008-1, 6/9/2008, §603)
§14-605 General District Requirements.
All principal buildings, structures, and uses erected or established after April 10, 1993 (or the date at which said tract was rezoned to agricultural), shall comply with the following requirements:
A. Existing farms and properties shall be permitted the following number of lots or principal uses, based on the farm or property on April 10, 1993 (or on the date at which said tract was rezoned to Agricultural).
|
Size of Farm or Property |
Maximum Numbers of Lots or Uses |
|---|---|
|
0 acres to less than 10 acres |
Any number in accordance with §14-606 |
|
10 acres to less than 50 acres |
5 |
|
50 acres to less than 100 acres |
6 |
|
100 acres to less than 175 acres |
7 |
|
175 acres to less than 250 acres |
8 |
|
250 acres to less than 400 acres |
9 |
|
400 acres or more |
10 |
Existing unsubdivided dwellings and principal, nonresidential uses located on the farm or property shall be considered part of the principal allotment. Furthermore, the maximum permitted number of lots or uses shall apply whether or not individual lots are subdivided at the time the uses are established. Resubdivision of lots created after April 10, 1993 (or the date at which said tract was rezoned to Agricultural), shall also be subject to the maximum allotment determined for their original farm or property.
B. All applications for building and zoning permits to erect a single-family dwelling or principal, nonresidential use/structure shall be accompanied by an agricultural plan identifying the following:
(1) Size, shape, and dimensions of the farm or property; size and location of all existing buildings, wells, on-lot sewage systems, storage tanks (above and below ground), farm dumps, pits, etc.; and size, location, and use of all proposed buildings or lots.
(2) Lots or uses previously approved under these regulations.
(3) Land under active cultivation and land in wood lots or forests.
(4) Soil information for the farm or property, including soil series and soil capability class, subclass, and unit as classified within the most recently published Soil Survey of Lebanon County, Pennsylvania, by the U.S. Department of Agriculture, Soil Conservation Service.
C. Applications to erect or establish a use or subdivide a farm or property shall be reviewed subject to the following criteria:
(1) The least suitable farmland (highest numbered Soil Capability Unit) shall be utilized for development in all cases, unless the applicant can demonstrate its unsuitability for the proposed use. When a soil has been determined to be unsuitable because of slope, drainage, flooding, sewage, disposal deficiencies, or other physical characteristics, then the least suitable remaining farmland shall be utilized for development.
(2) Lots and uses shall be grouped, where possible, adjacent to other similar lots and uses to avoid a scattering of development. Lots and uses shall not be located near intensive farming operations. Subdivisions or development shall not necessitate any new streets, except that one lot or use may be accessed via an unimproved 50-foot right-of-way.
(3) A maximum lot area of 2 acres for single-family dwellings is established in the district requirement chart in §14-606. The purpose of the maximum lot size is to prevent the creation of large lots that remove excessive amounts of agricultural land from crop production. Maximum lot size shall not apply to (a) lot additions for agricultural purposes, (b) subdivision of existing parcels of 10 acres or less in size, and (c) subdivision of lots where Borough Council determines that physical characteristics of the property (excessive slope, drainage problems, soil limitations, flooding, sewage disposal deficiencies, property shape, etc.) dictate that lot design exceeding the 2-acre standard is desirable. Other justification for excepting lot sizes in excess of 2 acres during the subdivision process include (d) consolidation of residual land after other suitable lots have been removed, (e) inclusion of excess areas which are unsuitable for farming and (f) lot design and layout which would otherwise unavoidably physically isolate the excess land type from the remainder of the farm.
(4) Establishment or expansion of conditional uses shall not be subject to a specific maximum lot size requirement. However, in addition to satisfying the requirements of §§14-2603 and 14-2604, conditional use applicants who are subdividing land from a farm shall demonstrate that they are generally: (a) utilizing the least suitable farm land, and (b) limiting land area acquisition to that acreage necessary for the conditional use and any reasonable future expansion thereto.
(5) Application for the last lot or use permitted within a farm or property shall be accompanied by a proposed deed for the residual farmland or property. Said proposed deed shall contain a restriction to identify that subdivision and development allotments have been used and that no further subdivision, development or establishment of additional principal uses shall be permitted. Said restrictive deed shall be recorded within 30 days of subdivision or permit approval for that last allowable lot or use. Failure to record said deed, subsequent removal of the deed restriction or subsequent subdivision or establishment of additional uses or lots shall constitute a violation of this Chapter, punishable in accordance with Article 29 of this Chapter.
(Ord. 2008-1, 6/9/2008, §604)
§14-606 Lot Area, Building Height, and Yard Requirements.
A lot width, lot area, lot coverage, yard setback and building height requirement of not less than the dimensions shown in the following table, unless otherwise specified heretofore in this Article, or elsewhere in this Chapter shall be provided for every dwelling unit and/or principal nonresidential building or use erected, altered, or established in this district.
A. District Requirements.
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|
Lot Requirements |
Yard Requirements |
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|---|---|---|---|---|---|---|---|---|
|
Use |
Min. Lot Area |
Max. Lot Area |
Min. Lot Width |
Max. Lot Coverage |
Front |
One Side |
Total Sides |
Rear |
|
Nonresidential |
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|
1 acre |
– |
150 ft. |
20% |
50 ft. |
20 ft. |
40 ft. |
50 ft. |
|
|
Use of building specified in §14-603 |
1 acre |
See §14-605.C(4) |
150 ft. |
20% |
50 ft. |
20 ft. |
40 ft. |
50 ft. |
|
Structures in which livestock or fowl are kept shall be no closer than 100 feet to any lot line or road right-of-way and 200 feet to any residentially zoned property or existing nonfarm property in residential use. See §14-2611 for regulations related to intensive agricultural operations. |
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All animal waste storage facilities shall conform to the setbacks required by the Pennsylvania Nutrient Management Act. No storage of other odor or dust producing substances shall be permitted within 100 feet of any lot line or road right-of-way line or 200 feet from any residentially zoned property or existing nonfarm property in residential use. See §14-2611 for regulations related to intensive agricultural operations |
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Residential |
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|
Single-family detached dwelling |
|
|
|
|
|
|
|
|
|
No public utilities |
1 acre |
2 acres1 see §14-605.C(3) |
125 ft. |
20% |
50 ft. |
20 ft. |
40 ft. |
50 ft. |
|
Public water and/or sewer |
30,000 sq. ft. |
2 acres1 see §14-605.C(3) |
100 ft. |
20% |
50 ft. |
20 ft. |
40 ft. |
40 ft. |
|
1 Maximum lot size shall not apply to lot additions for agricultural purposes, subdivisions of existing parcels to 10 acres or less in size and subdivision of lots where physical characteristics of the property (excessive slope, drainage problems, etc.) dictate that lot design exceeding the 2-acre standard is desirable. See §14-605.3.C. |
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B. No building with the exception of farm structures shall exceed two and one-half stories or 35 feet, whichever is less, unless authorized as a special exception.
(Ord. 2008-1, 6/9/2008, §605)
§14-607 Minimum Off-Street Parking Requirements.
Off-street parking shall be provided for in accordance with Article 24 of this Chapter.
(Ord. 2008-1, 6/9/2008, §606)
§14-608 Signs and Advertising Structures.
Signs shall be permitted in accordance with Article 25 of this Chapter.
(Ord. 2008-1, 6/9/2008, §607)
§14-609 Supplementary District Regulations.
The supplementary district regulations in Article 22 shall apply, where applicable, as additional requirements for this district.
(Ord. 2008-1, 6/9/2008, §608)
§14-610 Environmental Improvements and Energy Conservation Requirements.
The environmental and energy requirements in Article 23 shall apply, where applicable, as additional requirements for this district.
(Ord. 2008-1, 6/9/2008, §609)