Millcreek, PA Right to Farm: Agricultural Zoning Protection (2026)

Section 145-41 of the Millcreek Township Code, amended June 25, 2024 by Ordinance No. 2024-6, is the agricultural use section. Under § 145-11 a Farm is any parcel of land with 10 or more acres used in the raising of commercial agricultural products, including orchards, livestock, poultry or dairy products, plus the necessary farm structures and the storage of equipment customarily incidental to the principal use. Commercial Livestock/Poultry Operations are a Permitted Use only within the CR District. Buildings that house livestock must have a solid concrete slab or slotted floor.

The minimum lot size is 10 acres, buildings housing the livestock or poultry must sit at least 200 feet from the property line, and the owner or operator must comply with all applicable state and federal statutes and regulations. For Farms, the maximum height is 85 feet for uninhabitable accessory farm structures, while every other structure, accessory or principal, must meet the height limit of its zoning district. The minimum setbacks are 50 feet for the front yard, 50 feet on each side and 50 feet for the rear yard.

A setback for an uninhabitable accessory farm structure cannot be less than 50 feet or the height of the structure, whichever is greater. No manure, garbage or spent compost, structure for raising commercial livestock or poultry, or building housing a commercial livestock or poultry operation is allowed within 200 feet of an existing dwelling on an adjacent lot. Agricultural fences that contain livestock or poultry are exempt from those setbacks but must be set back at least 10 feet from adjoining street right-of-way lines and property lines.

Subsection E ties each use to its lot: where a use is allowed subject to a minimum lot area, a subdivision of the lot ends the use if the remaining lot no longer meets that minimum.