article 1 - East Hempfield Township

Transcription

ZONING ORDINANCE
Lancaster County, Pennsylvania
Last Revised January 2014
TABLE OF CONTENTS
ARTICLE 1 INTRODUCTION
§270-1.1
TITLE
§270-1.2
PURPOSE
§270-1.3
COMMUNITY DEVELOPMENT GOALS AND OBJECTIVES
§270-1.4
STATUTORY AUTHORITY
§270-1.5
APPLICABILITY
§270-1.6
ENACTMENT
§270-1.7
INTERPRETATION, CONFLICT AND SEVERABILITY
§270-1.8
SAVING PROVISION
§270-1.9
USES NOT PROVIDED FOR OR USES PROHIBITED
§270-1.10
AGRICULTURAL PROVISIONS AND PENNSYLVANIA LAW
§270-1.11
ESTABLISHMENT OF ZONES
§270-1.12
ZONING MAP
§270-1.13
ZONE BOUNDARY LINES
§270-1.14
REPEAL OF PREVIOUS ORDINANCE
1
1
1
1
2
2
2
2
3
3
4
4
5
5
5
ARTICLE 2 DEFINITIONS
§270-2.1
GENERAL RULES OF CONSTRUCTION
§270-2.2
DEFINITIONS
7
7
8
ARTICLE 3 ZONE REGULATIONS
§270-3.1
INTRODUCTION
§270-3.2
AGRICULTURE ZONE (A)
§270-3.3
RURAL BUSINESS ZONE (RB)
§270-3.4
MINERAL EXTRACTION ZONE (ME)
§270-3.5
LOW DENSITY RESIDENTIAL ZONE (RL)
§270-3.6
MEDIUM DENSITY RESIDENTIAL ZONE (RM)
§270-3.7
VILLAGE RESIDENTIAL ZONE (VR)
§270-3.8
VILLAGE CENTER ZONE (VC)
§270-3.9
COMMUNITY BUSINESS CENTER ZONE (CBC)
§270-3.10
REGIONAL BUSINESS CENTER ZONE (RBC)
§270-3.11
CAMPUS ZONE (C)
§270-3.12
ENTERPRISE ZONE (E)
§270-3.13
RECREATION/OPEN SPACE ZONE (ROS)
§270-3.14
AGRICULTURE HOLDING ZONE (H)
§270-3.15
TRANSPORTATION RIGHT-OF-WAY ZONE (TR)
§270-3.16
AIRPORT HAZARD AREA OVERLAY ZONE (AHO)
§270-3.17
GREENWAY OVERLAY ZONE (GO)
§270-3.18
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
§270-3.19
FLOODPLAIN ZONE (FP)
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ARTICLE 4 GENERAL PROVISIONS
§270-4.1
APPLICABILITY
§270-4.2
PROVISIONS FOR ACCESSORY USES AND STRUCTURES CUSTOMARILY
INCIDENTAL TO A PERMITTED USE
§270-4.3
HEIGHT LIMIT EXCEPTIONS
§270-4.4
BUSINESS OPERATION STANDARDS
§270-4.5
ON LOT SEWAGE DISPOSAL SYSTEMS
§270-4.6
OPERATIONS AND PERFORMANCE STANDARDS
§270-4.7
PERMANENT/TEMPORARY OCCUPANCY REQUIREMENTS
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EAST HEMPFIELD TOWNSHIP: DRAFT ZONING ORDINANCE
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§270-4.8
§270-4.9
§270-4.10
§270-4.11
SETBACK MODIFICATIONS
VEHICLE ACCESS, REQUIRED
VISUAL SCREENING/LANDSCAPING
WASTE PRODUCTS
90
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92
ARTICLE 5 SPECIAL USE REGULATIONS
§270-5.1
APPLICATION OF USE REGULATIONS
§270-5.2
ADDITIONAL USE REGULATIONS FOR SPECIFIC USES
93
93
93
ARTICLE 6 NONCONFORMITIES
§270-6.1
INTRODUCTION
§270-6.2
CONTINUATION
§270-6.3
ABANDONMENT
§270-6.4
EXPANSION OF DIMENSIONALLY NONCONFORMING BUILDINGS AND
STRUCTURES
§270-6.5
NONCONFORMING LOTS
§270-6.6
EXPANSION OR ALTERATION OF A NONCONFORMING USE
§270-6.7
SUBSTITUTION OR REPLACEMENT
§270-6.8
RESTORATION
§270-6.9
PREVIOUSLY EXPANDED NONCONFORMING USES AND STRUCTURES
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ARTICLE 7 SIGN REGULATIONS
§270-7.1
INTRODUCTION
§270-7.2
SIGN AREA AND HEIGHT
§270-7.3
GENERAL REGULATIONS
§270-7.4
SPECIFIC REGULATIONS
§270-7.5
PERMITTING PROCEDURES AND FEES
§270-7.6
NONCONFORMING SIGNS
§270-7.7
ORDER SIGN REMOVAL
129
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129
133
133
133
134
ARTICLE 8 ON AND OFF-STREET PARKING AND LOADING
§270-8.1
INTENT
§270-8.2
GENERAL REQUIREMENTS
§270-8.3
SITE PLAN APPROVAL
§270-8.4
CALCULATIONS OF AMOUNTS OF REQUIRED PARKING
§270-8.5
PROXIMITY OF PARKING TO LOT LINES AND USES
§270-8.6
STACKED PARKING
§270-8.7
JOINT USE PARKING
§270-8.8
MIXED USE BUILDING PARKING
§270-8.9
USES OF PARKING LOTS
§270-8.10
SCHEDULE OF OFF-STREET PARKING SPACES PER USE
§270-8.11
ON-SITE LOADING SPACE REQUIREMENTS
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139
139
139
140
140
140
141
141
141
143
ARTICLE 9 ADMINISTRATION AND ENFORCEMENT
§270-9.1
ZONING HEARING BOARD (ZHB)
§270-9.2
ADMINISTRATION AND ENFORCEMENT
§270-9.3
PERMITS
§270-9.4
DETERMINATION OF FEES
§270-9.5
AMENDMENTS
§270-9.6
CONDITIONAL USES
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ARTICLE 1
INTRODUCTION
§270-1.1
TITLE
This Chapter shall be known, cited and referred to as the “East Hempfield Township Zoning Ordinance of
2014” (hereinafter “Chapter” and/or “Ordinance”).
§270-1.2
PURPOSE
This ordinance is adopted to regulate and manage the use and development of land and water within East
Hempfield Township for the following purpose:
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Protect and provide for the public health, safety, morals, and general welfare of East Hempfield
Township.
Guide and coordinate the future growth and development of East Hempfield Township.
Provide for adequate light, air, and privacy; secure safety from fire, flood, stormwater and other
danger; and prevent overcrowding of the land and undue congestion of population.
Protect the character and the social and economic stability of all parts of East Hempfield Township.
Promote the preservation of the Township’s natural and historic resources and prime agricultural land.
Protect and conserve the value of land, buildings and improvements throughout East Hempfield
Township and minimize conflicts between land uses.
Guide public and private policy and action in order to provide adequate and efficient transportation,
water, sewerage, parks, playgrounds, recreation, and other public services and facilities.
Provide for safe and convenient circulation of people and goods throughout the Township, including
pedestrian, bike, and other non-motorized modes of travel.
§270-1.3
A.
COMMUNITY DEVELOPMENT GOALS AND OBJECTIVES
East Hempfield Township’s goal is to honor its past, exercise thoughtful stewardship of the present
and, through thorough planning, prepare for the future. As such, East Hempfield Township adopts the
following community objectives:
(1)
East Hempfield Township always will be a place where families can thrive; neighbors can
connect; activities, jobs, and services are plentiful; and nature, prime farmland, and historic
traditions are valued and protected.
(2)
East Hempfield Township will be a place where the promotion of its citizen’s safety, health,
welfare, and morals are paramount; where people feel comfortable to live, work, worship, and
play; and, where its residents are proud to call the Township “home.”
(3)
East Hempfield Township will continue to be a vibrant community with a wide variety of
housing opportunities and places for people to live in its villages, residential neighborhoods
and on its farmsteads.
(4)
East Hempfield Township will offer its citizens a variety of recreational opportunities and will
promote the expansion and use of open spaces for the public.
(5)
East Hempfield Township will be a place that values its cultural heritage and the farming
activities that epitomize that heritage. The Township will ensure that farming will not be just a
remnant of the past but a vital part of its future, with a lively farming community that is
sustained by farmstead activities, necessary support businesses, and local markets.
(6)
East Hempfield Township will embrace the conservation and preservation of its historic and
natural resources and its agricultural land. The Township will also be a place where one’s
legal and Constitutional rights to the use of land are esteemed and protected.
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(7)
(8)
§270-1.4
East Hempfield Township will work to sustain and enhance its older neighborhoods and, at the
same time, support carefully planned and coordinated new development.
East Hempfield Township will be a place that is friendly to business and industry, where
economic development and job creation are encouraged and promoted.
STATUTORY AUTHORITY
This Chapter is adopted pursuant to the authority granted by the Pennsylvania Municipalities Planning Code
(PA MPC), Act of 1968, P.L. 805, No. 247, as reenacted and amended.
§270-1.5
APPLICABILITY
The use of all land and every building or structure or portion of a building or structure erected, altered with
respect to height and area, added to, or relocated, and every use within a building or structure or use accessory
thereto, in the Township shall be in conformity with the provisions of this Chapter. Any lawfully existing use,
building or land not in conformity with the regulations on the effective date of this Chapter herein prescribed
shall be regarded as nonconforming, but may be continued, extended, or changed subject to the special
regulations herein provided with respect to nonconforming lots, buildings, structures, or uses. Provisions set
forth in Articles 4 through 9 apply to all zones as it pertains to general regulations, specific use criteria, nonconforming uses, signs, on and off street parking and loading and administration and enforcement.
§270-1.6
ENACTMENT
In order that land may be developed and used in accordance with the policies, regulations, standards, and
purposes of these regulations, this Ordinance is hereby adopted and made effective as of ____________, 2013
(the effective date of this Ordinance).
§270-1.7
INTERPRETATION, CONFLICT AND SEVERABILITY
A.
INTERPRETATION
In their interpretation and application, the provisions of this Chapter shall be held to be the minimum
requirements for the promotion of the public health, safety, morals, and general welfare and shall be
construed to achieve the purposes for which this Chapter was adopted.
B.
CONFLICT WITH PUBLIC PROVISIONS, EXEMPTIONS AND PRIVATE PROVISIONS
(1)
Public Provisions:
This Chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, statute, or other provision of law, except as provided in this Chapter. Where any
provision of this Chapter imposes restrictions different from those imposed by any other
provision of this Ordinance or any other ordinance, rule or regulation, statute, or other
provision of law, the provision that is more restrictive or imposes higher standards shall
control.
(2)
Exemptions:
(a)
It is recognized that the following acts pre-empt zoning ordinances. Thus regulations
contained herein are intended to be implemented only to the extent that they are
consistent with and do not exceed the requirements of these acts (as amended) and that
are not preempted by other federal or state laws, as applicable.
[1]
The act of June 22, 1937 (P.L. 1987, No. 394), known as “The Clean Streams
Law”
[2]
The act of May 31, 1945 (P.L. 1198, No. 418), known as the “Surface Mining
Conservation and Reclamation Act”
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[3]
(3)
C.
The act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as “The
Bituminous Mine Subsidence and Land Conservation Act”
[4]
The act of September 24, 1968 (P.L.1040, No.318), known as the “Coal
Refuse Disposal Control Act”
[5]
The act of December 19, 1984 (P.L.1140, No.223), known as the “Oil and Gas
Act”
[6]
The act of December 19, 1984 (P.L.1093, No.219), known as the “Noncoal
Surface Mining Conservation and Reclamation Act”
[7]
The act of June 30, 1981 (P.L.128, No.43), known as the “Agricultural Area
Security Law”
[8]
The act of June 10, 1982 (P.L.454, No.133), entitled “An act protecting
agricultural operations from nuisance suits and ordinances under certain
circumstances”
[9]
The act of May 20, 1993 (P.L.12, No. 6), known as the “Nutrient Management
Act
[10]
The act of Jun. 10, 1982 (P.L. 454, No. 133), known as the
“AGRICULTURAL OPERATIONS - PROTECTION FROM SUITS Act or
“Right to Farm Law”
(b)
This Chapter shall not apply to any existing or proposed building, or extension
thereof, used or to be used by a public utility corporation, if, upon petition of the
corporation, the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question is reasonably
necessary for the convenience or welfare of the public and in accordance with Section
619 of the PA MPC.
Private Provisions:
This Chapter is not intended to abrogate any easement, covenant, or other private agreement or
restriction, provided that where the provisions of this Chapter are more restrictive or impose
higher standards or regulations than such easement, covenant, or other private agreement or
restriction, the requirements of this Chapter shall govern.
SEVERABILITY
If any part or provision of this Ordinance or the application of this Ordinance to any person or
circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part, provision or application directly involved in the controversy in
which the judgment shall be rendered. It shall not affect or impair the validity and continued
enforcement of any other parts or provisions of this Ordinance or the application of them to other
persons or circumstances.
§270-1.8
SAVING PROVISION
This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing
subdivision or land development regulations, or as discontinuing, abating, modifying or altering any penalty
accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any
right of the Township under any section or provision existing at the time of adoption of this Ordinance, or as
vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the Township,
except as shall be expressly provided for in this Ordinance.
§270-1.9
A.
USES NOT PROVIDED FOR OR USES PROHIBITED
Whenever, under this Chapter, any use other than those explicitly prohibited or those which are
deemed to be noxious, injurious or offensive, is neither specifically permitted nor denied, and an
application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer
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the application to the Zoning Hearing Board (ZHB) to hear and decide such request as a special
exception: see §270-9.1.F.
B.
Noxious, Injurious, or Offensive Uses, Occupations, Trades, Processes, or Buildings.
Any use considered dangerous, noxious or injurious to the health or safety of residents of adjoining
lots or to Township residents in general, is hereby prohibited.
C.
The ZHB shall have the authority to permit or deny a use not provided for or a prohibited use in
accordance with the standards governing special exception applications and the following standards.
(1)
The use may be permitted if it is similar to and compatible with the permitted uses in the zone
in which the subject property is located; it is not permitted in any other zone under the terms
of this Ordinance; and, it in no way is in conflict with the general purposes and intent of this
Ordinance.
The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the
foregoing criteria and would not be detrimental to the public health, safety, morals and welfare of the
neighborhood.
§270-1.10
AGRICULTURAL PROVISIONS AND PENNSYLVANIA LAW
A.
NEW OR EXPANSION OF AGRICULTURAL USES
Lands proposed for new and/or expanded agricultural uses must follow The Clean Streams Law, PA
Chapter 102.4 Erosion and Sedimentation Control, as amended and enforced by the Department of
Environmental Protection. Enforcement and administration of Chapter 102 requirements is delegated
by the Commonwealth to the Lancaster County Conservation District (LCCD).
B.
AGRICULTURE NUISANCE DISCLAIMER
This disclaimer applies to all lands located within or near 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, soil amendments, herbicides and pesticides. 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 “The Right to Farm Law” may bar them from obtaining a legal
judgment against such normal agricultural operations.
C.
MANURE STORAGE FACILITIES
(1)
Development of these facilities is subject to the regulations and guidelines outlined in the
publication “Manure Management for Environmental Protection, Bureau of Water Quality
Management Publication No. 43”, and any revisions, supplements, and replacements thereof,
published by the Pennsylvania Department of Environmental Protection (DEP).
§270-1.11
A.
ESTABLISHMENT OF ZONES
RURAL RESOURCE AREA ZONES
(1)
Agriculture Zone (A)
(2)
Rural Business Zone (RB)
(3)
Mineral Extraction Zone (ME)
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B.
RESIDENTIAL ZONES
(1)
Low Density Residential Zone (RL)
(2)
Medium Density Residential Zone (RM)
C.
VILLAGE ZONES
(1)
Village Residential Zone (VR)
(2)
Village Center Zone (VC)
D.
BUSINESS ZONES
(1)
Community Business Center Zone (CBC)
(2)
Regional Business Center Zone (RBC)
(3)
Campus Zone (C)
E.
BUSINESS & INDUSTRY ZONES
(1)
Enterprise Zone (E)
F.
SPECIAL ZONES
(1)
Recreation/Open Space Zone (ROS)
(2)
Agriculture Holding Zone (AH)
(3)
Transportation Right-Of-Way Zone (TR)
G.
OVERLAY ZONES
(1)
Airport Hazard Area Overlay Zone (AHAO)
(2)
Greenway Overlay Zone (GO)
(3)
Floodplain Zone (FP)
(4)
Transfer Development Rights (TDR)
§270-1.12
ZONING MAP
The areas within East Hempfield Township, as assigned to each zone and the location of the zones established
by this Chapter, are shown upon the Zoning Map, which together with all explanatory matter thereon, is
attached to and is declared to be a part of the East Hempfield Township Zoning Ordinance.
§270-1.13
ZONE BOUNDARY LINES
The zone lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot
lines; centerlines of streets, alleys, railroad rights-of-way, and streams at time of passage of this Chapter; the
corporate boundary of the Township; or as dimensioned on the Map. In the event of dispute about the location
of the boundary of any zone, the Zoning Officer shall investigate and render a decision on the location of the
line. Appeals from this decision shall be made to the ZHB.
§270-1.14
REPEAL OF PREVIOUS ORDINANCE
Upon the adoption of this Chapter, all provisions of the East Hempfield Township Zoning Ordinance of 1994,
as amended, are expressly repealed in its entirety to land within the limits of East Hempfield Township.
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ARTICLE 2
DEFINITIONS
§270-2.1
GENERAL RULES OF CONSTRUCTION
The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules
of construction:
A.
TENSE AND FORM
Words used or defined in one tense or form shall include other tenses or derivative forms.
B.
NUMBER
Words in the singular number shall include the plural number, and words in the plural number shall
include the singular number.
C.
GENDER
The masculine gender shall include the feminine and neuter. The feminine gender shall include the
masculine and neuter. The neuter gender shall include the masculine and feminine.
D.
PERSON
The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates,
corporations, associations and any other similar entities.
E.
LOT
The word "lot" includes the words "plot", “tract”, “property”, and "parcel".
F.
WATERCOURSE
The word "watercourse" includes the words "drain," "ditch" and "stream".
G.
SHALL AND MAY
The words “shall,” “must” and “will” are mandatory in nature and establish an obligation or duty to
comply with the particular provision. The words “may” and “should” are permissive.
H.
TIME
The time, within which any act required by this Ordinance is to be performed, shall be computed by
excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a
holiday declared by the United States Congress or the Pennsylvania General Assembly, it shall also be
excluded. The word "day" shall mean a calendar day, unless otherwise indicated.
I.
UNDEFINED TERMS
Any words not defined in this Chapter/Ordinance or in Section 107 of PA MPC shall be construed as
defined in standard dictionary usage.
J.
ILLUSTRATIONS AND TABLES
In case of any difference of meaning or implication between the text of this Ordinance and any
caption, illustration or table, the text shall control. No caption, illustration or table shall be construed to
limit the scope or intent of the text of this Ordinance.
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Article 2
Page 7
§270-2.2
DEFINITIONS
For the purposes of this Ordinance, the following terms shall have the following meanings:
ACCESS – A way or means of ingress/egress for vehicle and/or pedestrian traffic from a street, right-of-way,
public area or community facility, to a lot and/or vice versa.
ACCESS DRIVE – A private drive providing pedestrian and vehicular access between a public or private
street and a parking area.
ACCESSORY – Additional, something extra or complementary.
ACREAGE, GROSS – Includes the total area within the property lines of a lot or parcel of land before public
streets, infrastructure, utilities, flood control channels or basins, or other areas to be dedicated or reserved for a
public use are deducted from such lot or parcel including property previously dedicated.
ACREAGE, NET – The residual area of a lot or parcel once public streets, flood control channels or basins,
infrastructure, utilities or other areas to be dedicated or reserved for a public use are deducted from the total lot
area.
ADULT BUSINESS – A business or establishment which offers its patrons services or entertainment
characterized by an emphasis on matter depicting, describing or relating to sexual activities and/or which
legally engages in one or more of the following areas of sexually explicit/oriented sales, services or
entertainment. These shall include but not be limited to: body painting; book or digital video or magazine
store; theater, motion picture theater, cabaret, motel, or night/dance club; massage, art and model studio;
arcade; and dating or escort service.
AGRICULTURAL OPERATION – An enterprise actively engaged in the commercial production and
preparation for market of crops, livestock, livestock yards and livestock products, poultry and dairy; and in the
production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural
and aqua cultural crops and commodities. The term includes an enterprise that implements changes in
production practices and procedures or types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged by farmers or are consistent with
technological development within the agricultural industry.
AGRICULTURAL WHOLESALE OPERATION – An Agricultural Operation as defined herein, with
wholesaling as an intermediate step, selling or arranging the purchase or sale of goods for resale (i.e. goods
sold to other wholesalers or retailers) and/or raw and intermediate materials and supplies used in production.
This shall also include agricultural produce sales, stockyards and buying stations.
AGRITOURISM – The act of visiting a working farm or any agricultural, horticultural or agri-business
operation for the purpose of enjoyment, education or active involvement in the activities of the farm or
agricultural operation. Agricultural uses such as farms, ranches, vineyards that, through promotion and
advertising, facilities, and activities, seek to attract visitors, guests and vacationers. Agritourism uses may
include but are not limited to corn mazes, petting zoos related to farm animals, hay rides, wineries, organic
farming, gourmet food products, farm operations tours and camps and other education programs. Accessory
uses to the Agritourism enterprise may include restaurant and food concessions, entertainment events, and the
sale of products produced on the site.
AIRPORT HAZARD AREA OVERLAY (AHO) ZONE TERMS AND PHRASES – Unless specifically
defined elsewhere herein, the following words and phrases when used in Section 270-3.16 of this Ordinance
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Page 8
relating to the (AHO) Airport Hazard Area Overlay Zone shall have the meaning given to them herein this
subsection unless the context clearly indicates otherwise:
A.
AIRPORT – A principal use where one (1) or more airplanes may land/take-off and be stored. Such
use may also include support services such as fueling and maintenance equipment, passenger terminals
and storage hangers. For this ordinance Lancaster Airport is the primary airport and source of the zone.
B.
AIRPORT ELEVATION – The highest point of an airport’s usable land area measured in feet above
sea level. The Airport Elevation for Lancaster Airport (LNS) is four hundred and three (403) feet.
C.
AIRPORT HAZARD – Any structure or object, natural or manmade, or use of land which obstructs
the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise
hazardous as defined in 14 CFR Part 77 and 74 Pa. Cons. Stat. §5102.
D.
AIRPORT HAZARD AREA – Any area of land or water upon which an airport hazard might be
established if not prevented as provided for in §270-3.16 of this Ordinance and the Act 164 of 1984
(Pennsylvania Laws Relating to Aviation).
E.
APPROACH SURFACE ZONE – An imaginary surface longitudinally centered on the extended
runway centerline and extending outward and upward from each end of the primary surface. An
approach surface is applied to each end of the runway based on the planned approach. The inner edge
of the approach surface is the same width as the primary surface and expands uniformly depending on
the planned approach. The Approach Surface Zone is derived from the approach surface.
F.
CONICAL SURFACE ZONE – An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty (20) feet horizontally to one (1) foot vertically
or (20:1) for a horizontal distance of four thousand (4,000) feet. The Conical Surface Zone, as noted in
§270-3.16 of this Ordinance, is based on the conical surface.
G.
FAA – Federal Aviation Administration of the United States Department of Transportation (DOT),
and its successors.
H.
HEIGHT – For the purpose of determining the height limits in all (AHO) Airport Hazard Area Overlay
Zone related zones set forth in §270-3.16 of this Ordinance and shown on the Official Zoning Map, the
datum shall be mean sea level elevation unless otherwise specified.
I.
HORIZONTAL SURFACE ZONE – An imaginary plane one hundred fifty (150) feet above the
established airport elevation that is constructed by swinging arcs of various radii from the center of the
end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each
arc is based on the planned approach. The Horizontal Surface Zone is derived from the horizontal
surface.
J.
LARGER THAN UTILITY RUNWAY – A runway that is constructed for and intended to be used by
propeller driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross
weight and jet powered aircraft.
K.
NON-PRECISION INSTRUMENT RUNWAY – A runway having an existing instrument approach
procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in non-precision instrument approach procedure has been approved or
planned.
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L.
OBSTRUCTION – Any structure, growth, or other object, including a mobile object, which exceeds a
limiting height set forth by §270-3.16 of this Ordinance.
M.
PRECISION INSTRUMENT RUNWAY – A runway having an existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It
also means a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
N.
PRIMARY SURFACE ZONE – An imaginary surface longitudinally centered on the runway,
extending two hundred (200) feet beyond the end of paved runways or ending at each end of turf
runways. The elevation of any point on the primary surface is the same as the elevation of the nearest
point on the runway centerline. The Primary Surface Zone is derived from the primary surface.
O.
RUNWAY – A defined area of an airport prepared for landing and takeoff of aircraft along its length.
P.
TRANSITIONAL SURFACE ZONE – An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope of seven (7) feet horizontally to one
(1) foot vertically (7:1). The Transitional Surface Zone is derived from the transitional surface.
Q.
TREE – Any object of natural growth.
R.
UTILITY RUNWAY – A runway that is constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less.
S.
VISUAL RUNWAY – A runway intended solely for the operation of aircraft using visual approach
procedures.
ALLEY – (See Street, Alley)
ALTERNATIVE ENERGY SYSTEMS SPECIFIC TERMS AND PHRASES – Any source of usable energy
intended to replace fuel sources without the undesired consequences of the replaced fuels. Also, energy
systems derived from sources that do not use up natural resources or harm the environment. Alternative energy
systems may be classified as either an accessory use or a primary use on a lot.
A.
METHANE DIGESTER SYSTEMS – A system of anaerobic treatment lagoons that produce methanerich biogas through the anaerobic (without oxygen) digestion of manure or other agricultural waste.
B.
SOLAR ENERGY SYSTEM – An active or passive energy system which converts solar energy into
thermal, electrical, or mechanical energy, and consists of a solar energy collector, such as cells, panels,
or arrays, an energy conversion and storage facility, and/or components for the distribution of
transformed energy.
C.
WIND ENERGY CONVERSION SYSTEM (WECS) – Any device which converts wind energy to
mechanical or electrical energy.
D.
WIND ENERGY CONVERSION SYSTEM (WECS) UNIT – A WECS Unit includes blades, hubs to
which blades are attached, and any device, such as a tower, used to support the hub and/or rotary
blades etc.
AMUSEMENT, FITNESS, AND ENTERTAINMENT BUSINESS – Facility where patrons can primarily
engage in hobby and leisure-time interests, including but not limited to sports, dance studios, health and fitness
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centers, indoor or outdoor recreation or amusement activities; movie theaters, operating sports teams or
leagues engaged in playing games for recreational purposes; and guided tours.
APPLICANT – A landowner, developer, and/or agent of the landowner, as hereinafter defined, including his
heirs, successors and assigns, who has filed an application for development under this ordinance.
ASPHALT PROCESSING – A series of operations, usually in a continuous and regular action of succession of
actions, taking place involving raw and mixed asphalt materials.
ASSISTED LIVING FACILITIES – Residences for the elderly or physically challenged individuals that
provide rooms, meals, personal care, and supervision of self-administered medication.
AUCTION, AUTOMOBILE – A primary business where automobiles are stored, readied and displayed for
wholesale sales. Such uses generally only conduct actual sales on one or several designated days of the week.
AUCTION, RETAIL – A public sale in which retail or household goods or property are sold to the highest
bidder.
AUCTION, WHOLESALE – A private sale in which wholesale goods or property are sold to the highest
bidder.
BAR/TAVERN – An establishment: 1) that sells or offers for sale alcoholic beverages for onsite consumption
as the primary use pursuant to a license from the Liquor Control Board; 2) that limits entry to persons of a
certain age during some or all operating hours; and 3) where food service, if any, is less than 50% of gross
receipts and is subordinate to the sale of alcoholic beverages. This does not include a bar area that is an
integrated part of a restaurant.
BASEMENT – Any area of the building having its floor below ground level on all sides.
BED AND BREAKFAST – An owner-occupied, single-family detached dwelling, where between one (1) and
five (5) rooms are rented to overnight guests on a daily basis for periods not exceeding two (2) weeks. Meals
may be offered only to registered overnight guests.
BUILDING – Any enclosed or open structure, other than a boundary wall or fence, occupying more than four
(4) square feet of area and/or having a roof supported by columns, piers or walls.
A.
BUILDING, ACCESSORY – A detached, subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building, which is located on the same lot as that
occupied by the principal building. Farm buildings not intended for habitation are considered to be
accessory buildings.
B.
BUILDING, PRINCIPAL – A building that is enclosed within exterior walls or firewalls, and is built,
erected and framed of component structural parts. The principal building is also designed for housing,
shelter, enclosure and support of individuals, animals or property of any kind, and is a main structure
on a given lot.
BUILDING AREA – The total of areas taken on a horizontal plane at the average grade level of the principal
building and all accessory buildings, exclusive of uncovered porches and stoops, awnings, terraces, and steps.
BUILDING HEIGHT – The vertical distance from the average finished grade measured six (6) feet out from
the foundation to the highest point of the roof.
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CAMPS AND CAMPGROUNDS – A property on which two (2) or more campsites, cabins, cottages or other
rustic lodging, dining facilities, and small and large group meeting areas or buildings are located, established,
or maintained for temporary occupancy by the public, organizations and or groups where the primary
attractions are special events, education, vacation, and recreational features or activities and may include
places for food and beverage sales and recreational and public infrastructure facilities. The Campground may
be an organized Camp which includes a combination of programs and facilities established for the primary
purpose of providing an outdoor group living experience for children, youth, and adults with social,
recreational, and educational objectives and operated and used for five (5) or more consecutive days during
one or more seasons per year.
CAMPUS – Public and/or private grounds and buildings including such uses as colleges, universities, schools,
religious institutions, municipal buildings, medical buildings, research campuses, and retirement communities.
CEMETERY – Land used or intended to be used for the burial of the deceased, including columbariums,
mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries
thereof. This definition shall not include people, services and facilities related to crematoria.
CLUSTER DEVELOPMENT – A development design technique that concentrates buildings on a part of the
site to allow the remaining land to be used for recreation, common open space, and preservation of
environmentally sensitive features.
COMMON OPEN SPACE – A parcel or parcels of land (which can be used in combination with an area of
water) within a development site and designed and intended for the use or enjoyment of residents of a
development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMMUNICATION ANTENNA AND TOWERS TERMS AND PHASES
A.
ANTENNA – A transmitting and/or receiving device for wireless service that radiates or captures
electromagnetic waves, including directional antennas, such as panel and microwave dish antennas,
and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas, and
satellite earth stations.
(1)
Mounted Antenna: antennas which are mounted on an existing structure with or without a
mast and, which are painted to match the color of the exterior material of the structure and
placed so as not to obscure any significant architectural feature of the structure,
B.
TELECOMMUNICATIONS TOWERS – A guyed, monopole or self support/lattice tower,
constructed as a free-standing or guyed structure, containing one or more antennas used in the
provision of commercial wireless services.
(1)
Guyed tower: a telecommunication tower that is supported, in whole or in part by guy wires
and ground.
(2)
Monopole tower: a telecommunication tower consisting of a single pole or spire self supported
by a permanent foundation constructed without guy wires and ground anchors.
(3)
Self- support/lattice tower: a telecommunication tower that is constructed without guy wires
and ground anchors.
COMMUNITY ACTIVITY BUILDING – A facility used for recreational, social, educational, and cultural
activities.
COMMUNITY REHABILITATION FACILITY – Group living quarters for persons who need specialized
housing, treatment and/or counseling for addictions and substance abuse including but not limited to drugs and
alcohol.
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COMPLETELY DRY SPACE – A space which will remain totally dry during flooding; the structure is
designed and constructed to prevent the passage of water and water vapor.
CONCRETE PROCESSING – A series of operations, usually in a continuous and regular action or succession
of actions, taking place involving the processing of raw and mixed concrete materials.
CONDITIONAL USE – A use which may not be appropriate to a particular zone as a whole, but which may be
suitable in certain localities within the zone only when specific and general conditions and criteria prescribed
for such uses have been complied with.
CONTRACTOR BUSINESS AND STORAGE – A lot or portion of a lot or parcel used to maintain a
construction and or equipment business that may or may not include the storage of construction equipment and
other materials and facilities customarily required in the building trade by a construction contractor.
CONVENIENCE STORE – A retail sales business that specializes in providing household products and foods.
Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate
approvals for a motor vehicle fueling station (as defined herein) have been obtained.
CORRECTIONAL FACILITIES – Group living quarters for persons who need specialized housing, treatment
and/or counseling that provides supervised housing as an alternative to imprisonment, including but not limited
to community confinement centers, pre-release, work-release, probationary programs, criminal rehabilitation,
and facilities for persons who need specialized treatment.
DAY CARE SERVICES, COMMERCIAL – The offering of care or supervision over minors or special needs
adults in lieu of care or supervision by family members. Care provided for individuals, either children or adults
by an unrelated individual. Care is provided for part of a 24-hour day.
DAY CARE SERVICES, FAMILY – A day-care facility that is operated as an accessory use to a dwelling
unit, in which the care and supervision is offered to between four (4) and six (6) nonresidents of the site during
any calendar day.
DEED ACREAGE – The total acreage of a lot or lots as defined by metes and bounds (bearings and distances).
DENSITY – The number of dwelling units per acre, derived by dividing the total number of dwelling units by
the gross deed acreage of a residential tract.
DEVELOPMENT – Any manmade change to improved or unimproved real estate, including but not limited to
the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the
placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining;
dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DRIVEWAY – An improved cartway designed and constructed to provide vehicular movement between a
public street and a tract of land serving one (1) single-family dwelling unit or a farm.
DRIVE-IN – A type of use that allows customers to purchase products or services from within their vehicle
while parked on the subject lot.
DRIVE-THRU – A type of use or service provided by a business that allows customers to purchase products or
services via a service window without leaving their vehicle.
DWELLING – Any building that contains one or more dwelling units used, intended, or designed to be built,
used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
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DWELLING UNIT TERMS AND PHRASES – A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation as
listed below:
A.
ACCESSORY DWELLING – A dwelling unit that is secondary to and located on the same lot as the
principal dwelling unit; either attached to the principal building or is an accessory building; and is
designed, built, and maintained as a separate and independent dwelling unit.
B.
APARTMENT – See Multi-Family.
C.
BOARDING HOME – A dwelling or rooming house operated by any person, firm or corporation
engaged in the business of operating a home for the purpose of letting rooms for rent and providing
meals and personal care, but not nursing care, for persons not related to the landowner.
D.
DORMITORY – A building used as group living quarters for a student body or religious order as an
accessory use to a college, university, boarding school, convent, monastery, or similar institutional use.
E.
GROUP HOME – a dwelling unit licensed to provide a supportive living arrangement for unrelated
individuals where special care is needed by the individual(s) served due to age, emotional, mental, or
physical handicap. This definition shall expressly include facilities for the supervised care of
developmentally disabled persons. Group homes must be licensed by an appropriate government
agency, and a copy of such licenses must be submitted to the Township prior to receiving a certificate
of use and occupancy. Group homes shall be subject to the same limitations and regulation by the
Township as single-family dwellings.
F.
MANUFACTURED HOME – A structure, transportable in one or more sections, which is built on a
permanent chassis, and is designed for use with or without a permanent foundation when attached to
the required utilities. The term includes park trailers, travel trailers, recreational and other similar
vehicles which are placed on a site for more than 180 consecutive days.
G.
MOBILE HOME – A transportable, single family dwelling intended for permanent occupancy,
contained in one (1) unit or in two (2) or more units designed to be joined into one integral unit
capable of again being separated for repeated towing; which arrives at a site complete and ready for
occupancy. Mobile home foundations must comply with the latest version of the Uniform Construction
Code.
H.
MULTI-FAMILY DWELLING – Except for townhouses and single-family semi-detached dwellings,
a building containing three (3) or more dwelling units which may be separated horizontally and/or
vertically. The individual dwelling units may or may not be in separate ownership.
I.
PERSONAL CARE HOME/SHELTER CARE HOME – Personal care homes provide safe, humane,
comfortable and supportive residential settings for adults who do not require the services in or of a
licensed long-term care facility, but who do require assistance or supervision with activities of daily
living or instrumental activities of daily living, or both. Residents who live in personal care homes
receive the encouragement and assistance they need to develop and maintain maximum independence
and self-determination.
J.
SINGLE-FAMILY DETACHED DWELLING – A freestanding residential building containing one
dwelling unit for one family.
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K.
SINGLE-FAMILY SEMI-DETACHED DWELLING (DUPLEX) – A one-family dwelling unit
attached to one other one-family dwelling unit by a common vertical wall, with each dwelling located
on a separate lot, or two dwelling units accommodating two (2) families which are attached by a
ceiling party wall and are located one over the other.
L.
TOWNHOUSE – A single-family dwelling unit constructed in a group of three (3) or more attached
dwelling units, but not more than nine (9), in which each dwelling unit extends from foundation to roof
and with a yard or public way on at least two sides.
M.
TWO-FAMILY CONVERSION – The conversion of a single-family dwelling/home to a two family
dwelling/home.
EASEMENT – A right-of-way granted for limited use of private land for a public or quasi-public or private
purpose, and within which the landowner shall not have the right to make use of the land in a manner that
violates the right of the grantee.
ENGINEER – A professional engineer registered in the Commonwealth of Pennsylvania.
ESSENTIALLY DRY SPACE – A space which will remain dry during flooding, except for the passage of
some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FAMILY – An individual or individuals related by blood, marriage, or adoption that maintain one (1) common
household and live within one (1) dwelling unit. Additionally, up to six (6) unrelated individuals who
maintain a common household and live within one (1) dwelling unit may be considered a family.
FARM – Any parcel of land with ten (10) or more acres, which primary use is for an agricultural operation, as
defined herein, including necessary farm structures and the storage of equipment customarily incidental to the
primary use.
FARM STAND – A structure built to display and sell farm related, grown or agriculturally produced products
and accessories to those products. This is an accessory use to a farm and is seasonal in nature.
FARM-BASED BUSINESS – Business activities and/or services that are located on a farm and are accessory
to the principal farm use.
FENCE – A structure designed as a barrier to restrict the movement of persons, animals and/or vehicles. This
definition shall not include ornamental fence treatments that are located in the front yard and extend less than
one-half (1/2) the width and/or depth of the front yard.
FINANCE AND INSURANCE – Establishments primarily engaged in transactions involving the creation,
liquidation, or change in ownership of financial assets and/or in facilitating financial transactions. Three
principal types of activities are: banks, borrowers and lenders; underwriting insurance and annuities, collecting
fees, insurance premiums, or annuity considerations; and providing specialized financial intermediation,
insurance, and employee benefit programs.
FLOOD – A temporary inundation of normally dry land areas.
FLOODPLAIN AREA – A relatively flat or low land area which is subject to partial or complete inundation
from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid
accumulation of surface waters from any source.
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FLOODPROOFING – Any combination of structural and nonstructural additions, changes, or adjustments to
structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY – The designated area of a floodplain required to carry and discharge flood waters of a given
magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the
one hundred (100) year magnitude.
FLOOR AREA – The sum of the area of each floor of a building measured to the outer surface of the outer
walls.
FORESTRY ACTIVITIES (Timber Harvesting) – The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting
and selling trees for commercial purposes, which does not involve any land development.
FUNERAL HOME – A building used for the preparation of the deceased for burial, cremation, and the display
of the deceased, and rituals connected therewith.
GARAGE, PRIVATE – A structure or any portion thereof accessory to a dwelling used for the housing of
private motor vehicles. This does not include a garage offering commercial automotive services to the public
or a garage where any provision is made for repairing or servicing of vehicles for a profit.
GOLF COURSE – A tract of land laid out for at least nine holes for playing the game of golf that may include
a clubhouse, dining area and snack bar, pro shop, and practice facilities.
GREEN – A plaza, square, courtyard, pocket park, tot lot, playground, walkway, promenade, lawn area, or
other outdoor space designed to be utilized as civic or outdoor activity space in which features such as pavers,
benches, gazebos, pergolas, trellises, planters, plantings, lighting, sculpture, or the like, are installed and
maintained, and in which public seating, outdoor dining, or the like, takes place.
GREENWAY TERMS AND PHRASES
A.
ACCESS POINTS – Designated areas and passageways that allow the public to reach a trail from
adjacent streets or community facilities.
B.
GREENWAY – A linear open space established along a natural corridor, such as a river, stream,
ridgeline, rail-trail, canal, or other route for conservation, recreation, or alternative transportation
purposes. Greenways can connect parks, nature preserves, cultural facilities, and historic sites with
business and residential areas.
C.
INVASIVE – Non-native plant or animal species that invades an area and alters the natural mix of
species.
D.
RIPARIAN – The land and vegetation immediately adjacent to a body of water, such as a river, lake,
or other natural perpetual watercourse.
GROCERY STORE – A store that primarily retails food. Grocery stores may also retail other products,
mostly household goods, including small kitchen appliances, cookware, pet products, personal grooming
products and home maintenance items. Accessory uses may include services such as banking, medical
services, post offices, in store restaurants, or other personal services.
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HABITAT – A place that supports a plant or animal population because it supplies that organism's basic
requirements of food, water, shelter, living space, and security.
HEAVY EQUIPMENT SALES, SERVICE AND REPAIR – Selling, leasing, and repairing vehicles and/or
machinery that are larger than that which is typically stored upon one residential lot. Examples include but are
not limited to commercial trucks, farm equipment, excavation equipment, mobile cranes, yachts, busses, etc.
HEAVY TIMBER WAREHOUSE CONVERSION – A historic structure constructed with brick and/or stone
exterior walls and timber load-bearing interior floor framing.
HELICOPTER PAD – A private accessory use in which a pad is designed or intended for the landing, taking
off or storage of one or more helicopters.
HISTORIC CONVERSION – The adaptation of a historic structure into a new appropriate use.
HISTORIC FEATURE – Any district, site, or object that meets one or more of the following criteria:
A.
Is listed or may be determined to be eligible to be listed on the National Register of Historic Places
either individually or as a contributing resource.
B.
Is listed on the Lancaster County Historic Sites Survey or on any officially adopted Municipal
inventory of historic resources and is determined by a qualified historic preservation professional to
retain the historic characteristics that qualified it for said list.
C.
Is determined by a qualified historic preservation professional to be historically or architecturally
significant.
HISTORIC STRUCTURE – Any structure that is:
A.
Listed on the National Register of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register National.
B.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district.
C.
Individually listed on a state inventory of historic places in states with historic preservation programs,
which have been approved by the Secretary of the Interior.
D.
Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
(1)
By an approved state program as determined by the Secretary of the Interior.
(2)
Directly by the Secretary of the Interior in states without approved programs.
HOME-BASED BUSINESS, IMPACT – A home-based business or occupation that involves customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with a residential use.
HOME-BASED BUSINESS, NO IMPACT – A business or commercial activity administered or conducted as
an accessory use which is clearly secondary to the use as a residential dwelling and which involves no
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Page 17
customer, client, or patient traffic, whether vehicular or pedestrian; and pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with residential use.
HORTICULTURAL OPERATION – An agricultural operation limited to the cultivation and harvest of
flowers, fruits, vegetables, or ornamental plants.
IDENTIFIED FLOODPLAIN AREA – The floodplain area specifically identified in this Ordinance as being
inundated by the one hundred (100) year flood.
INDUSTRIAL CLASSIFICATION TERMS AND PHRASES
A.
LIGHT – Industrial uses that shall have minimal external impacts as they relate to operations and
performance standards, design standards and other controls/requirements contained in this ordinance.
B.
GENERAL – Industrial uses that have some external impacts as they relate to operations and
performance standards, design standards and other controls/requirements contained in this ordinance.
C.
HEAVY – Industrial uses involved in manufacturing products, processing of materials, or
transportation of materials that are considered to have regional impacts and may exceed normal
conditions because the use emits a higher level of noise, dust, odor, or other pollutants, and which also
require large amounts of impervious surfaces; results in increased truck and employee traffic, and
requires separation from residential or other more sensitive areas.
JOINT USE PARKING – Off-street parking that two (2) or more landowners or tenants share.
KENNEL – Any lot on which more than three animals that are older than six (6) months (except relating to a
farm) that are kept, boarded, raised, bred, treated, or trained for a fee, including, but not limited to, dog or cat
kennels.
LAND DEVELOPMENT – Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose
involving:
(1)
A group of two (2) or more residential or nonresidential buildings, whether proposed initially
or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of
occupants or tenure; or
(2)
The division or allocation of land or space, whether initially or cumulatively, between or
among two or more existing or prospective occupants by means of, or for the purpose of
streets, common areas, leaseholds, condominiums, building groups or other features; or
(3)
A subdivision of land; or,
(4)
Development in accordance with Section 503(1.1) of the MPC
B.
Land development shall not include:
(1)
The conversion of an existing single-family detached dwelling or single-family semi-detached
dwelling into not more than three residential dwelling units, unless such dwelling units are
intended to be a condominium; or
(2)
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to
an existing principal building.
LANDOWNER – The legal or beneficial Owner or Owners of land including the holder of an option or
contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if he is
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authorized under the lease to exercise the rights of the Landowner, or other person having a proprietary interest
in land.
LANDSCAPE ARCHITECT – A professional Landscape Architect registered by the Commonwealth of
Pennsylvania.
LANDSCAPING – Acting with the purpose of meeting specific criteria regarding uses of outside space,
including ground cover, buffers and shade trees.
LEGALIZED GAMBLING ESTABLISHMENT – Any premises wherein or whereon legal/license gaming is
conducted and where such establishment has a legal license for dealing, operating, carrying on, conducting, or
maintaining for pay of any game.
LODGING AND OVERNIGHT ACCOMMODATIONS – Industries providing lodging or short-term
accommodations for travelers, vacationers and others. Some provide meals, laundry services, and recreational
facilities as well as lodging. There are three industry groups: traveler accommodation, recreational
accommodation, and rooming and boarding houses.
LONG-TERM CARE FACILITY – A nursing home, convalescent home, Skilled Nursing Unit (SNU), care
home or rest home that provides a type of care of residents: it is a place of residence for people who require
constant nursing care and have significant deficiencies with activities of daily living. Residents include the
elderly and younger adults with physical or mental disabilities. Residents in a skilled nursing facility may also
receive physical, occupational, and other rehabilitative therapies following an accident or illness.
LOT TERMS AND PHRASES
A.
LOT – A designated parcel, tract, or area of land
established by a plat or otherwise as permitted by law and
to be used, developed or built upon as a unit. A lot for
zoning purposes may include one or more lots of record, or
a portion of one lot of record. Lot types include:
(1)
LOT, CORNER – A lot situated at the intersection
of two (2) or more streets with frontage on two (2)
or more adjacent sides.
(2)
LOT, DOUBLE FRONTAGE – An interior lot
with front and rear street frontage, where vehicular
access occurs on either street.
(3)
LOT, FLAG – A lot or parcel of land created by a
subdivision or partition which includes a narrow projection or "Flagpole" to the public rightof-way.
(4)
LOT, INTERIOR – A lot whose side lot lines do not abut upon any street.
(5)
LOT, REVERSE FRONTAGE – An interior lot with front and rear street frontage, where
vehicular access occurs on only one street.
LOT AREA – The area contained within the lot lines of an individual lot, excluding any area within a street
right-of-way, but including the area of any easement.
LOT COVERAGE – A percentage of the lot area which may be covered with buildings, driveways, permanent
parking area, sidewalks and any other structures. This is used to measure the intensity of use of the land.
LOT FRONTAGE – That portion of a lot abutting on the street right-of-way of the street of address and
regarded as the front of the lot.
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LOT LINE – A property boundary line of any lot held in single or separate ownership, except that where any
portion of the lot extends into the abutting street or alley, the lot line shall be deemed the street or alley line.
LOT OF RECORD – A lot which is a part of a subdivision, the Plan of which was recorded, or a parcel of
land, the deed of which was recorded in the office of the Lancaster County Recorder of Deeds prior to the
adoption of this Ordinance.
LOT WIDTH – The horizontal distance measured between side lot lines measured at the required front setback
line. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and
the directly opposite lot line.
LOWEST FLOOR – The lowest floor of the lowest fully enclosed area (including basement). An unfinished,
flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the lowest floor of a building, provided that
such space is not designed and built so that the structure is in violation of the applicable non-elevation design
requirements of this Ordinance.
MANUFACTURED HOME PARK – A parcel of land under single ownership, which has been planned and
improved for the placement of two or more manufactured homes for non-transient use.
MAXIMUM BUILDING AREA – The area or footprint of a building measured at the foundation of a
building. This definition does not include the area of multiple stories.
MEDICAL/DENTAL OFFICE – Any building or group of buildings occupied by licensed medical
practitioners and related services for the purpose of providing health services to people on an outpatient basis.
MEDICAL HOSPITAL – An institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or
mental conditions and including as an integral part of the institution related facilities, such as laboratories,
outpatient facilities, training facilities, research facilities, morgue, laundry facilities, medical offices and
clinics, medical staff residences, patient care facilities, and staff and visitor parking areas/garages.
MINERAL EXTRACTION – The extraction of minerals, including solids, such as coal and ores; liquids, such
as crude petroleum; and gases such as natural gases. Excavating and removing of rock, stone, ore, soil, gravel,
sand, minerals, and similar materials from the surface and/or subsurface. Such extraction processes may
include and require mineral storage and processing activities.
MINOR REPAIR – The replacement of existing work with equivalent materials for the purpose of its routine
maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the
removal or cutting of any structural beam or bearing support, or the removal or change of any required means
of egress, or rearrangement of parts of a structure affecting the exit way requirements; nor shall minor repairs
include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage,
drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting the
public health or general safety.
MIXED USE BUILDING – A building with the principal use being commercial that includes both residential
and commercial uses, where the uses are typically located one over the other.
MOBILE HOME LOT – A parcel of land in a mobile home park, improved with the necessary utility
connections and other appurtenances necessary for the location thereon of a single mobile home.
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MOBILE HOME PARK – A parcel or contiguous parcels of land which has been so designated and improved
that it contains two (2) or more mobile home lots for the placement thereon of mobile homes.
MOTOR VEHICLE FUELING STATION – Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels and including as an accessory use the sale and
installation of lubricants, tires, batteries, and similar vehicle accessories.
MOTOR VEHICLE SALES, LEASING, AND SERVICE – Any building, land area, or other premises, or
portion thereof, used for sales, leasing, and/or rental of vehicles that may include: servicing and repair of
vehicles and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar
vehicle accessories.
MOTOR VEHICLE STORAGE – The keeping, in a unenclosed area, of motor vehicles including but not
limited to cars, trucks, motor homes, recreational vehicles, motorcycles, golf carts, busses, etc., in the same
place for more than 24 hours.
MULTI-USE STRUCTURES – A structure containing a combination of different uses.
MUNICIPAL – Refers to East Hempfield Township and any authority created by the East Hempfield
Township Board of Supervisors.
MUNICIPAL USE – Equipment, facilities, buildings and or structures that supply municipal services for a
community or specified group of residents, businesses or properties that exist on one or more than one
contiguous lots and is owned and operated by East Hempfield Township and/or any Authority created by the
East Hempfield Township Board of Supervisors.
NEW CONSTRUCTION – Structures for which the start of construction commenced on or after September
28, 1979, and includes any subsequent improvement thereto.
NIGHTCLUB – An establishment that provides live entertainment (music and/or dancing, comedy, etc.) in
conjunction with alcoholic beverage sales. This is meant to include an “Under 21” club which features
entertainment.
NONCONFORMING LOT – A lot the area or dimension of which was lawful prior to the adoption or
amendment of a zoning ordinance, but which fails to conform to the requirements of the zone in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE – A structure or part of a structure manifestly not designed to comply
with the applicable use or extent of use provisions in this Zoning Ordinance or amendment heretofore or
hereafter enacted, where such structure lawfully existed prior to the enactment of this ordinance or amendment
or prior to the application of this ordinance or amendment to its location by reason of annexation. Such
nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE – A use, whether of land or of structure, which does not comply with the
applicable use provisions in this Ordinance or amendment heretofore or hereafter enacted, where such use was
lawfully in existence prior to the enactment of this Ordinance or amendment, or prior to the application of this
ordinance or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONAL – Any aspect of a land use that does not comply with any size, height,
bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard
specified by this Ordinance, where such dimensional nonconformity lawfully existed prior to the adoption of
this Ordinance or amendment thereto.
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OFF-STREET LOADING – An off-street space suitable for the loading or unloading of goods and having
direct usable access to a street or alley.
OFF-STREET PARKING – An off-street space available for the parking of one motor vehicle and having
usable access to a street or alley.
OFFICE – A place where the primary use is conducting the affairs of a business, profession, service, or
government, which includes administration, record keeping, clerical work, and similar business functions. An
office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing,
repair, or storage of materials, goods or products; or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used in the office may be stored as an incidental
use.
ON-LOT DISPOSAL SYSTEM – A system of piping, tanks or other facilities serving a single lot and
collecting and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by
means of conveyance to another site for final disposal.
ON-STREET PARKING – Parking that is adjoining the curb line of a street and that is either parallel to or at
an angle from the curb line.
ONE HUNDRED YEAR FLOOD – A flood that, on the average, is likely to occur once every one hundred
(100) years (i.e., that has a one (1%) percent chance of occurring each year, although the flood may occur in
any year). Also knows as the flood of record.
PARK AND RECREATION FACILITIES, PUBLIC – Facilities designed and used for recreation purposes by
the general public that are: (1) owned and operated by a governmental agency/authority; or (2) are operated by
a not-for-profit entity. This definition is meant to include the widest range of public recreational activities,
excluding amusement and entertainment businesses, shooting ranges, and golfing and hunting clubs. Also an
area of land set aside for public use, as:
A.
A piece of land with few or no buildings within or adjoining a town, maintained for recreational and
ornamental purposes.
B.
A landscaped square area of a town or village.
C.
A large tract of rural land kept in its natural state and usually reserved for the enjoyment and recreation
of visitors.
PARK AND RECREATION FACILITIES, PRIVATE AND/OR COMMERCIAL – A recreation facility
operated by a private organization or commercial establishment and open only to bona fide members,
permitted guests, and permitted organizations.
PERFORMING ARTS AND RELATED INDUSTRY – Establishment that provides services to meet varied
cultural interests of their patrons, including: producing, promoting or participating in live performances,
events or exhibits intended for public viewing; featuring actors and actresses, singers, dancers, musical groups
and artists, athletes, and other entertainers including independent (i.e. freelance) entertainers, but excluding
adult businesses as defined herein.
PET – Animals for non-commercial purposes including personal use, personal enjoyment, and safety.
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PLACE OF WORSHIP – A building, structure, or group of buildings or structures, including accessory uses,
designed or intended for public worship. This definition includes rectories, convents, church-related
educational and/or daycare facilities, and church-related cemeteries, and must meet the standards for the use as
provided herein. East Hempfield Township recognizes 2 types of Place of Worship facilities including:
A.
LOCAL – A place of worship which includes facilities with up to 500 seats in the largest assembly
space.
B.
REGIONAL – A place of worship which includes facilities with more than 500 seats in its largest
assembly space.
PLANNING COMMISSION – The Planning Commission of East Hempfield Township.
PRIME AGRICULTURAL LAND – Land used for agricultural purposes that contains soils of the first, second
or third class as defined by the United States Department of Agriculture (USDA) natural resource and
conservation services county soil survey.
PRIVATE CLUB – An organization catering exclusively to members and their guests, or premises or buildings
for social, recreational and administrative purposes which are not conducted for profit. Clubs shall include, but
not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private
clubs shall not include adult-related facilities or businesses as defined herein.
PROCESSING – A function involved in the manufacture of materials, goods or products in which they are not
physically changed, except for cleaning, packaging or sizing.
PROFESSIONAL, SCIENTIFIC, AND TECHNICAL OFFICE – Establishment that provides services to
clients in a variety of industries and, in some cases, to households, including: legal advice and representation;
accounting, bookkeeping, and payroll services; architectural, engineering, and specialized design services;
computer services; consulting services; research services; advertising services; photographic services;
translation and interpretation services; medical and dental offices; and other professional, scientific, and
technical services.
PUBLIC – Owned, operated or controlled by a governmental agency (federal, state or local, including a
corporation created by law for the performance of certain specialized governmental functions, excluding the
Board of Education). Such facilities, buildings, structures, and or land are not owned by East Hempfield
Township or its created authorities.
PUBLIC HEARING – A formal meeting held pursuant to public notice by the Township Board of Supervisors
or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance
with this ordinance and/or the Pennsylvania Municipalities Planning Code.
PUBLIC MEETING – A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known
as the Sunshine Act, and subsequent amendments.
PUBLIC NOTICE – A notice published once each week for two successive weeks in a newspaper of general
circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the
second publication shall not be less than seven days from the date of the hearing.
PUBLIC SEWER – A common sewer directly controlled by a public authority, private company and or
municipal entity, or a comparable common or package sanitary facility approved and permitted by the
Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.
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PUBLIC USE – Includes public and semi-public uses of a health, safety, and welfare nature, such as parks, fire
stations, municipal buildings and garages.
PUBLIC UTILITY – A use which is operated, owned or maintained by a public utility corporation and
regulated by the PA Public Utility Commission in accordance with the requirements of the PA Public Utility
Code, 66 Pa. C.S. 101 et seq.; or which is operated, owned or maintained by a municipality or a municipal
authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service,
public sewer service, or similar services. A "public utility" shall not include cellular telephone transmission or
receiving facilities, and similar facilities of entities which are not governmentally owned and operated or are
not regulated by the PA Public Utility Commission.
PUBLIC WATER – A municipal water supply system or a comparable common water facility approved and
permitted by the PA Department of Environmental Protection (DEP). Such systems are capable of serving
multiple users.
RECREATION VEHICLES
A.
TYPE I RECREATION VEHICLE – Those recreational vehicles, travel trailers, boats (including
trailers), and other trailers used solely for the transport of the residents’ recreational vehicles(s) that
possess no more than two hundred (200) square feet, as measured to the vehicle’s outermost edges, nor
exceed a height of ten (10) feet, as measured from the ground to the highest point of the main body of
the vehicle. Vehicle height shall not be measured on the vehicle accessories, i.e. air conditioners,
vents, hatches, masts, antennas, out rigging fishing poles, etc., but will be measured to the highest
point of the fly bridge or other boat console.
B.
TYPE II RECREATION VEHICLE – Those recreational vehicles, travel trailers, boats (including
trailers), and other trailers used solely for the transport of the residents’ recreational vehicles(s) that
possess more than two hundred (200) square feet, as measured to the vehicle’s outermost edges, or
exceed a height of ten (10) feet, as measured from the ground to the highest point of the main body of
the vehicle. Vehicle height shall not be measured on the vehicle accessories (e.g.) air conditioners,
vents, hatches, masts, antennas, out rigging fishing poles, etc., butt will be measured to the highest
point of the fly bridge or other boat console.
RECYCLING FACILITY – A lot with or without buildings, upon which used materials are separated and
processed for shipment to eventual reuse in new products.
REGIONAL COMMERCIAL SPORTS FACILITY – A commercial sports and active/passive recreation
facility that is operated for profit but open to the public. This shall include, but not be limited to, bowling
alleys; pools; skating rinks; courts for sports such as volleyball, basketball, tennis, etc.; fields for sports such as
football, baseball, soccer, field hockey, lacrosse, etc.; health and fitness equipment; and other indoor and
outdoor passive and active recreation and sports facilities, and uses accessory to or subordinate to the primary
use as a regional commercial sports facility.
REGULATORY FLOOD ELEVATION – The one hundred (100) year flood elevation plus a freeboard safety
factor of one and one-half (1-1/2) feet.
REPETITIVE LOSS – Flood related damages sustained by a structure on two separate occasions during a 10year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds
twenty-five (25%) percent of the market value of the structure before the damages occurred.
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RESTAURANT – An establishment that serves prepared food primarily on nondisposable tableware, but can
provide for incidental carry-out service so long as the area used for carry-out service does not exceed five (5)
percent of the total patron seating area nor eighty (80) square feet (whichever is less). Caterers shall be
included in this definition.
RETAIL FLOOR/SALES AREA – A designated area of a retail establishment used for the display and sale of
products and services within a building or structure or outside the primary businesses (i.e. garden supplies,
vehicles, boats, plant materials, farm equipment, burial monuments and lumberyards).
RETAIL SALES, SERVICE AND REPAIR – Point-of-sale locations (including retail auctions) which sell,
service, and/or repair merchandise, and/or offer services for personal, household goods, home improvement,
business and institutional consumption.
RETAIL SALES AREA – Areas associated with a retail store that are open for public display, including but
not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which
consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas.
RIDING STABLE – A commercial enterprise which provides horses for rent and equestrian instruction.
SCHOOL – A principal use in which supervised education or instruction is offered according to the following:
A.
SCHOOL, K-9 – A school containing any combination of grades up to and including K-9.
B.
SCHOOL, 9-12 – A school containing any combination of grades up to and including 9-12.
C.
POST-SECONDARY SCHOOL – A school that may, or may not, be operated as a gainful business
that offers college or university level education or training in vocational, mechanical and other skillbased trades for people of all ages.
SELF STORAGE FACILITY – A building or group of buildings containing separate, individual, and private
storage spaces of varying sizes available for lease or rent for varying periods of time.
SETBACK – The required horizontal distance between a setback line and a lot line or street right-of-way line.
A.
SETBACK, FRONT – The minimum required distance between the street line and the front setback
line projected the full width of the lot.
B.
SETBACK, REAR – The minimum required distance between the rear lot line and the rear setback
line projected the full width of the lot.
C.
SETBACK, SIDE – The minimum required distance between the side lot line and the side setback line
projected from the front yard to the rear yard.
SETBACK LINE – A line within a lot and parallel to a lot or street line which delineates the required
minimum distance between some particular use of property and that lot or street line.
SHARED FACILITY – Includes those facilities used by either a business, neighborhood development or a
community including parking, stormwater facilities, access drives, loading zones, parking meters, parks and
recreation facilities.
SHED – A small building designed primarily for the storage of yard and garden equipment, bicycles, and
miscellaneous household items incidental to a dwelling.
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SHOOTING RANGE – A firing range with targets for rifle, shotgun, archery, handgun, or other legal weapons
practice.
SHOPPING COMPLEX – One or more buildings forming a complex of shops representing merchandisers,
with interconnecting walkways enabling visitors to walk from shop to shop, along with a parking area. Types
of shopping facilities include: malls (indoor version of the traditional marketplace), big box stores, main
streets, markets, outlet malls, plazas, strip malls and town squares.
SIGHT DISTANCE – The length of street visible to the driver of a vehicle at any given point in the street
when viewing is unobstructed by traffic.
SIGNS TERMS AND PHRASES
A.
SIGN – Any structure or part thereof, or any device (including but not limited to letters, words,
emblems, numerals, pictures, sculptures, figures, or any combination thereof) used for visual
communication for the purpose of bringing the subject thereof to the attention of the public. A variety
of signs shall be defined as follows:
(1)
Advertisement Sign: A sign that advertises products or services that are not specific to the site
location of the sign. Example: A wall sign on a building inviting the reader to visit the Amish
Farm and Home. See also off premise sign.
(2)
Architectural Sign: A sign that is a permanent architectural feature of a building or structure.
(3)
Billboard: See Off-Premise Sign.
(4)
Building Sign: A sign attached to or painted on a building that has a use in addition to
supporting the sign; this includes wall signs and roof signs.
(5)
Business & Identification Sign: A sign that directs attention to any business, professional,
commercial, industrial activity, or house of worship, occurring on the premises on which the
sign is located, but not including a home occupation sign. Also a sign used to identify the
name and display information about the individual, organization, agency, institution, facility,
or development located on the premises on which the sign is located. Business and
identification signs may include the following sign types: freestanding, overhead/projecting,
digital, wall, three dimensional, roof, and window display signs.
(6)
Center Sign: A business sign
that provides identification at
the entrance to a center such as
a shopping center, office
complex, or industrial park.
(7)
Contractor Sign: A temporary
sign that carries the name and
information about a contractor
who is involved in construction
work occurring on the premises
on which the sign is located.
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Article 2
Page 26
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
Development Sign: An identification sign at the entrance to a residential development.
Digital Sign (aka Federal Highway Administration name: Changeable Electronic Variable
Message Sign or CEVMS): A sign (excluding a billboard) that can electronically display and
or change its message through lighting, Light Emitting Diodes (LED) or other electronic
display format.
Digital Billboard: A type of off-premise sign utilizing digital message technology, capable of
changing the static message or copy on the sign electronically. A digital billboard may be
internally or externally illuminated. Digital Billboards shall contain static messages only and
shall not have animation, movement, or the appearance or optical illusion of movement, of any
part of the sign structure. Each static message shall not include flashing, scintillating lighting
or the varying of light intensity.
Electronic Variable Message Sign (EVMS): a sign or portion thereof where the message copy
includes characters, letters or illustrations that can be changed rearranged electronically
without touching or physically altering the primary surface of the sign. Message copy may be
changed in the field or from a remote location.
Farm-Based Business Sign: A sign providing information about a farm-based business on the
premises on which the sign is located.
Freestanding Sign: A sign not attached to or painted on a building, or a sign attached to or
painted on a building that has no use in addition to supporting the sign.
Garage/Yard Sale Sign: A temporary sign that directs attention to the sale of personal goods
on the premises on which the sign is located.
Government Sign: Any sign placed by federal, state, local government and/or its created
authorities.
Home-Based Business Sign: A sign providing information about a home-based business,
impact activity conducted within a dwelling unit on the premises on which the sign is located.
Incidental Sign: An informational sign that carries a message such as “enter”, “open”,
“telephone”, “rest rooms”, “no parking”, “no trespassing”, “warning”, a listing of hours when
open, an on-site direction, or anything similar. Incidental signs may not include any
commercial message or logo, except that one “enter” sign per entrance may include a logo or
business name, as long as the entrance is exclusively for that business and the logo or business
name is subordinate to the word “Enter”.
Inflatable Sign: Any item that can be inflated with air or gas that is used to advertise or
identify a use or product/service on a site.
Issue Sign: A sign that directs attention to a candidate or candidates for public office or to an
opinion of a public or private nature, such as, but not limited to, a community, social,
religious, political or ballot issue.
Mobile Message Boards: A sign that has changeable lettering and is mounted on wheels or a
trailer.
Non-Profit Organization Sign: An off-premise sign displaying information about a church,
service club, or other organization that does not operate for the purpose of making a profit.
Off-Premise Sign: A sign that does not apply to the property on which it is displayed.
On-Premise Sign: A sign that applies to the property on which it is displayed.
Open House Sign: A temporary sign that provides information about a real estate open house,
including the words “Open House”, the day and time of the open house, and the name of the
realtor.
Overhead/Projecting Sign: A sign located such that pedestrian or vehicular traffic might pass
beneath any part of it.
Permanent Sign: A sign intended to be displayed for an unlimited period of time.
Portable Sign: A temporary sign without a foundation that can be easily moved from one
location to another.
Public Use Sign: An identification sign used to identify the name and display information
about a public use such as a government building, school, park or firehouse.
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Article 2
Page 27
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
Public Utility Sign: A sign with a message relating to a business organization performing a
public service and subject to special governmental regulations (e.g. an electric company, sewer
authority, or telephone company).
Real Estate Sign: A temporary sign that provides information about a real estate activity on the
premises on which the sign is located, such as a sign advertising a sale, rental, or property
available for or in the process of development, but not including an open house sign. Includes
open house signs.
Roof Sign: A sign attached to or painted on a roof.
Sidewalk Sign: A temporary sign placed on the sidewalk adjacent to the commercial activity it
advertises, but not including a contractor sign, a garage/yard sale sign, a home occupation
sign, an open house sign, a real estate sign, or a special event sign.
Temporary Sign: A sign that is displayed for no more than thirty (30) days in any year, unless
stated otherwise in this ordinance. A temporary sign can carry information about a special
event such as an auction, sports activities, flea markets, festivals, fund raising events, or sales.
A temporary sign does not count against the total square footage of signage allowed in other
sections of this ordinance. Temporary signs typically include signs for celebrating holidays,
birthdays, child birth, retirement, sports teams, school achievement, and other similar types of
personal expression.
Three-Dimensional Object: A sign that uses a three dimensional object to identify or advertise
the property or tenant space use. Example: A shoe store using a three dimensional shoe as
part of its signage.
Wall Sign: A sign attached to or painted on the wall of a building.
Window Display: An exhibit behind a window or a sign inside a window that is intended to
draw attention to a product, service, business, or cause. Window displays are permitted as part
of business and identification signs.
SINGLE AND SEPARATE OWNERSHIP – The ownership of a lot by one (1) or more persons, which
ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered
separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded
deed or conveyance prior to the enactment of this Ordinance, or an amendment thereto, and have continued
since that date to be so separately described in all subsequent recorded deeds of conveyance.
SOLID WASTE – Garbage, refuse and other discarded materials including, but not limited to, solid and liquid
waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such
wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal
Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.
SPECIAL EXCEPTION – A use generally compatible with a particular zone once specified criteria have been
met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with
Article 9 of this Ordinance and the Pennsylvania Municipalities Planning Code.
SPECIAL PERMIT – A special approval which is required for hospitals, nursing homes, jails, and new
manufactured home parks and subdivisions and substantial improvements to such existing parks, when such
development is located in all, or a designated portion of a floodplain.
STREET – Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any
other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets
shall conform to one of the following categories:
A.
ALLEY – A public thoroughfare which normally affords only a secondary means of access to abutting
lots.
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Page 28
B.
ARTERIAL – A street which accommodates trips of moderate length at a somewhat lower level of
travel mobility than limited access arterials do and includes all arterials not classified as limited access.
C.
COLLECTOR – A street that provides land access and traffic circulation service within residential,
commercial, and industrial areas. The collector street distributes traffic between the Arterial and the
local streets.
D.
LIMITED ACCESS ARTERIAL – A street which serves the major centers of activity of urbanized
areas and carries the highest traffic volume corridors, where access is provided only from another
street and not from abutting lots.
E.
LOCAL – A street which provides direct access to abutting lands and connections to the higher order
systems.
STREET CENTERLINE – The center of the surveyed street right-of-way, or where not surveyed, the center of
the traveled cartway.
STREET GRADE – The officially established grade of the street upon which a lot fronts; or in its absence, the
established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If
there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the
street grade.
STREET LIGHTING – A street light, lamppost, street lamp, light standard, or lamp standard is a raised source
of light on the edge of a street, which is illuminated at a certain time every night.
STREET LINE – The limit of a street right-of-way.
STREET TREE – The installation of a tree of a certain size or other similar agreed upon tree species at a
specified separation distance along the length of a street frontage.
STREETSCAPE – The space formed by buildings located close to the street, which is embellished with
sidewalks, street trees, street lights, street furniture, curbs, on-street parking, and cartways. The streetscape is
framed by buildings which create the “outdoor room” character of a traditional neighborhood.
STRUCTURE – Any man-made object having an ascertainable stationary location on or in land or water,
whether or not affixed to the land. including, but not limited to, buildings, sheds, cabins, mobile homes and
trailers, dams, culverts, streets, railroads, bridges, storage tanks, and signs. Structures shall not include such
things as fences, sandboxes, decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any
other similar non-permanent improvements.
A.
STRUCTURE, ACCESSORY – A structure that forms all or part of an accessory use (e.g., swimming
pools, patios, antennas, tennis courts, garages, utility sheds, etc).
B.
STRUCTURE, PRINCIPAL – A structure that form all or part of a principal use.
SUBDIVISION – The division or re-division of a lot, tract or parcel of land by any means into two or more
lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership
or building or lot development: Provided, however, That the subdivision by lease of land for agricultural
purposes into parcels of more than ten acres, not involving any new street or easement of access or any
residential dwelling, shall be exempted.
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SUBSTANTIAL DAMAGE – Damage from any cause sustained by a structure whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed fifty (50%) percent or more of the market
value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT – Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before
the start of construction of the improvement. This term includes structures which have incurred substantial
damage or repetitive loss regardless of the actual repair work performed. This term does not, however, include
either:
A.
Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or;
B.
Any alteration of a historic structure, provided that the alteration will not preclude the structure’s
continued designation as a historic structure.
SUBSTANTIALLY COMPLETED – Where, in the judgment of the municipal engineer, at least 90% (based
on the cost of the required improvements for which financial security was posted of those improvements
required as a condition for final approval have been completed in accordance with the approved plan, so that
the project will be able to be used, occupied or operated for its intended use.
SURVEYOR – An individual registered with the Commonwealth of Pennsylvania as authorized to measure the
boundaries of tracts of land, establish locations, and perform the requirements of a survey.
TEMPORARY USE – A use that is non-permanent and lasting for a specified time only.
TRAFFIC IMPACT STUDY – An analysis and assessment, conducted by a qualified professional that
assesses the effects that traffic related to a proposed land development will have on the transportation network
in a community or portion thereof.
TOPOGRAPHY – The relief features or surface configurations of an area of land.
TOWNSHIP ENGINEER – A professional Engineer licensed as such in the Commonwealth of Pennsylvania,
duly appointed as the Engineer for the Township.
TOWNSHIP SOLICITOR – The licensed attorney designated by the Board of Supervisors to furnish legal
assistance for the administration of this Ordinance.
UNIFORM CONSTRUCTION CODE (UCC) – The statewide building code adopted by the Pennsylvania
General Assembly in 1999, applicable to new construction in all municipalities whether administered by the
municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial
buildings, the code adopted the International Residential Code (IRC) and the International Building Code
(IBC), by reference, as the construction standard applicable within the Commonwealth for floodplain
construction. For coordination purposes, references to the above are made specifically to various sections of
the IRC and the IBC.
USE – The specific purpose for which land or a structure is designed, arranged, intended, occupied or
maintained.
A.
USE, ACCESSORY – A use customarily incidental and subordinate to the principal use or building
and located on the same lot with this principal use or building.
Revised 1/17/14
Article 2
Page 30
B.
USE, PRINCIPAL – The main or primary use of property or structures.
VEGETATION – Natural plant materials including trees, shrubs, groundcovers, vines, grasses (both lawn and
ornamental types), herbaceous perennials, biennials, annuals, bulbs, ferns, mosses and lichens.
VETERINARY HOSPITALS – An establishment offering veterinary services for the medical treatment of all
types of animals and can include outdoor and overnight boarding of animals.
VETERINARY CLINIC – A building used by a licensed veterinarian for the treatment of small domestic
animals, such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted.
VILLAGE OVERLAY TRACT – Lot or lots which were the subject of an application for Village Overlay
Zone under the prior zoning ordinance.
VISUAL SCREEN – Any structure, wall, or natural planting that limits/obstructs visibility.
YARD – An open space, other than a court, unobstructed from the ground to the sky, on the lot on which a
building is situated. Any lot may include the following yards:
A.
YARD, FRONT – A yard extending
across the full width of a lot between
any building and the front lot line
which is based on the street of address,
and measured perpendicular to the
building at the closest point to the
front lot line.
B.
YARD, REAR – A yard extending
across the full width of a lot between
the principal building and the rear lot
line, and measured perpendicular to
the building at the closest point to the
rear lot line.
C.
YARD, SIDE – A yard extending from the front yard to the rear lot line between the principal building
and the side lot line, and measured perpendicular to the building at the closest point to the side lot
Line; or a yard which is not a front or rear yard. On corner lots, the side yard shall be considered those
areas between the principal building and the lot lines directly opposite the non-address street(s).
Revised 1/17/14
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Revised 1/17/14
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Page 32
ARTICLE 3
ZONE REGULATIONS
§270-3.1
INTRODUCTION
The following Zone Regulations are designed to guide the sustainable development and maintenance of the
zones established in Article 1, Introduction as well as to support and help achieve the community development
objectives of the East Hempfield Township Comprehensive Plan and Subdivision and Land Development
Ordinance, as amended. Where applicable, no building permit shall be issued for a use not specifically listed in
this section or until a site plan has been approved pursuant to the East Hempfield Township Subdivision and
Land Development Ordinance, as amended. Agricultural uses that do not conform to the minimum lot area
requirements imposed by this section but were in existence as of the effective date of this Ordinance, are
permitted.
§270-3.2
AGRICULTURE ZONE (A)
A.
STATEMENT OF INTENT – To protect and promote agriculture in areas located outside of East
Hempfield Township’s designated Urban Growth Area. The provisions of this zone have been
designed to meet Section 604(3) of the Pennsylvania Municipalities Planning Code (PA MPC), which
requires the Zoning Ordinance to be designed to preserve prime agriculture and farmland considering
topography, soil type and classification, and present agriculture use. In order to preserve the
agricultural and rural character of the area, public sewer and water utility services shall not be
extended into the Agriculture Zone, and instead, each use in this zone shall be serviced with on lot
sewer and water facilities.
B.
PERMITTED USES – The following are uses permitted by right, subject to all other applicable
standards of this Ordinance. (See Also §270-1.5)
(1)
Agricultural Uses:
(a)
Agricultural Operations
(b)
Forestry Activities
(2)
Residential Uses:
(a)
Single-Family Detached Dwelling
(b)
Two-Family Conversions: See regulations in §270-5.2.TT
(3)
Business Uses:
(a)
Bed and Breakfast: See regulations in §270-5.2.I
(b)
Day Care Services, Family: See regulations in §270-5.2.S
(c)
Farm-Based Business: See regulations in §270-5.2.V
(d)
Farm Stands: See regulations in §270-5.2.W
(e)
Home-Based Business, No Impact: See regulations in §270-5.2.CC
(f)
Riding Stables
(4)
Civic/Social/Utility Uses:
(a)
Alternative Energy Systems, Accessory: See regulations in §270-5.2.D
(b)
Municipal Use
(c)
Park and Recreation Facilities, Public
(d)
Public Utilities
(e)
Schools, K-9: See regulations in §270-5.2.QQ
(f)
Accessory Uses Customarily Incidental to the above Permitted Uses: See regulations
in §270-4.2
C.
CONDITIONAL USES – The following uses require conditional use approval from the Board of
Supervisors: See regulations in Article 9 – Conditional Uses, §270-9.6.
(1)
Alternative Energy Systems, Principal: See regulations in §270-5.2.D
Revised 1/17/14
Article 3
Page 33
D.
SPECIAL EXCEPTIONS – The following uses require special exception approval from the Zoning
Hearing Board: See regulations in Article 9 – Special Exceptions, §270-9.1.F.
(1)
Accessory Dwelling Units: See regulations in §270-5.2.A
(2)
Agritourism: See §270-5.2.C
(3)
Communication Antenna and Towers: See regulations in §270-5.2.O
(4)
Historic Conversions: See regulations in §270-5.2.AA
(5)
Home-Based Business, Impact: See regulations in §270-5.2.BB
(6)
Kennels: See regulations in §270-5.2.EE
(7)
Private Clubs: See regulations in §270-5.2.MM
E.
DESIGN STANDARDS
(1)
Minimum Lot Area:
(a)
Farm - Ten (10) acres
(b)
All Other Uses – One (1) acre minimum
(c)
Single-Family Detached Dwelling:
[1]
One (1) acre minimum and two (2) acre maximum. Lot size may increase
dependent upon on-lot disposal system suitability as required by the East
Hempfield Township On-Lot Disposal System Ordinance
[2]
For every twenty (20) acres, or a fraction thereof, of contiguous land in single
and separate ownership as of the effective date of the East Hempfield
Township Zoning Ordinance of 1994, there may be one (1) lot sold or utilized
for a single-family dwelling.
[3]
For each tract of contiguous land in single ownership that is two (2) acres or
more but less than twenty (20) acres, as of the effective date of the East
Hempfield Township Zoning Ordinance of 1994, there may be only one (1)
lot sold or utilized for a single-family dwelling;
[4]
The provisions of paragraphs E.(1)(c).1, 2, and 3 of this section shall apply to
all parcels of land legally existing on the effective date of the East Hempfield
Township Zoning Ordinance of 1994. Regardless of size, no tract of land
subsequently subdivided from its parent tract shall qualify for additional
single-family detached dwellings or lots pursuant to this section. Similarly,
any subsequent landowner of any parcel of land legally existing on the
effective date of this Ordinance shall be bound by the actions of previous
landowners, in that such current landowner may only subdivide for purposes
of additional single-family dwellings the number of lots, if any, remaining
from the original number permitted by this section. Any subdivision or land
development plan hereafter filed for a tract of land in the A Zone 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 as determined by the
provisions of this section.
[5]
In the event a tract of land, which was not classified as part of the A Zone on
the effective date of this Ordinance, is hereafter classified as part of the A
Zone, the size and ownership of such tract of land shall be determined as of
the effective date of the change in the zoning classification.
(2)
Minimum Setbacks for Principal Uses, Accessory Uses, and Accessory Dwellings: (see also
§270-4.8 for modifications)
Setback
Front
Side
Rear
Principal
30 feet
15 feet
30 feet
Accessory
Not permitted
10 feet
10 feet
Accessory Dwelling
Not permitted
10 feet
10 feet
Revised 1/17/14
Article 3
Page 34
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
Minimum Lot Width:
(a)
Agricultural: 125 feet
(b)
Business: 65 feet
(c)
Civic/Social: 65 feet
(d)
Residential: 100 feet
Maximum Lot Coverage:
(a)
Agricultural: 60%
(b)
Business: 70%
(c)
Civic/Social: 70%
(d)
Residential: 35%
Maximum Building Height: (see also §270-4.3 for exceptions)
(a)
Residential Use: 35 feet
(b)
Non-Residential Uses/Structures: 45 feet
Agricultural Setback Requirements: See regulations in §270-4.8.D
Agricultural Disclaimer: See regulations in §270-4.8.E
Driveway and Access Drive Requirement: All driveways serving single-family dwellings and
all access drives shall be in accordance with the East Hempfield Township Road Ordinance.
All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall
be exempt from driveway and access drive requirements.
On Lot Sewer and Water: All uses in this zone shall provide for individual on lot sewer and
water facilities.
Off-Street Loading: Off-street loading shall be provided as specified in Article 8 of this
Ordinance.
Off-Street Parking: Off-street parking shall be provided as specified in Article 8 of this
Ordinance.
Signs: Signs shall be permitted as specified in Article 7 of this Ordinance.
Screening: A visual screen must be provided along any adjoining lands within any of the
Residential Zones, regardless of whether or not the residentially-zoned parcel is developed.
(See §270-4.10 of this Ordinance.)
Landscaping: Any portion of the site not used for buildings, structures, parking lots, loading
areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover
and other ornamental plantings. (See §270-4.10 of this Ordinance.)
Waste Products: Dumpsters may be permitted within the side or rear yard, provided such
dumpsters are screened from any adjoining streets or lots. All dumpsters shall be set back a
minimum of fifty (50) feet from any adjoining residentially-zoned lots. All waste receptacles
shall be completely enclosed. (See §270-4.11 of this Ordinance.)
All uses (except public uses) permitted within this zone shall also comply with the General
Provisions contained within Article 4 of this Ordinance.
Revised 1/17/14
Article 3
Page 35
§270-3.3
RURAL BUSINESS ZONE (RB)
A.
STATEMENT OF INTENT – This zone recognizes East Hempfield Township’s historically diverse
settlement pattern within its agricultural and rural area. The pattern of this development includes small
clusters of commercial and industrial uses together with residential uses within a rural setting. The
commercial and industrial uses provide a support base for agricultural uses within the Rural Business
Zone and also within adjacent and nearby Agricultural Zones. In order to preserve the agricultural and
rural character of the area, public sewer and water utility services shall not be extended into the Rural
Business Zone, and instead, each use in this zone shall be serviced with on lot sewer and water
facilities.
B.
standards of this Ordinance. (See also §270-1.5)
(1)
Agricultural Uses:
(a)
Agricultural Operations, including one single-family detached dwelling contained on
the site, subject to the requirements of §270-3.2.E.
(b)
Agricultural Wholesale Operations
(c)
Forestry Activities
(2)
Residential Uses:
(a)
(b)
(3)
Business Uses:
(a)
Auction, Retail
(b)
Auction, Wholesale
(c)
Bed and Breakfast: See regulations in §270-5.2.I
(d)
Camps and Campgrounds: See regulations in §270-5.2.L
(e)
Contractor Business and Storage
(f)
(g)
Farm Stands: See regulations in §270-5.2.W
(h)
Heavy Equipment Sales, Service, And Repair
(i)
(j)
Indoor Theater And Auditorium
(k)
Industrial, Light: See regulations in §270-5.2.DD
(l)
Office
(m)
Veterinary Clinic: See regulations in §270-5.2.UU
(n)
Veterinary Hospital: See regulations in §270-5.2.UU
(4)
(a)
(b)
Municipal Use
(c)
Park and Recreation Facilities, public
(d)
Place of Worship, Local: See regulations in §270-5.2.LL
(e)
Public Use
(f)
Public Utilities
(5)
Accessory Uses Customarily Incidental to the above Permitted Uses: See regulations in §2704.2.
C.
(1)
(2)
School, K-9 and 9-12: See regulations in §270-5.2.QQ
(3)
School, Post-Secondary: See regulations in §270-5.2.QQ
Revised 1/17/14
Article 3
Page 36
D.
(1)
(2)
Agritourism: See regulations in §270-5.2.C
(3)
(4)
(5)
(6)
Park and Recreation Facilities, Private and/or Commercial
(7)
Private Club: See regulations is §270-5.2.MM
E.
DESIGN STANDARDS
(1)
Minimum Lot Area: 43,560 sf (1 acre)
(2)
Minimum Setbacks for Principal Uses, Accessory Uses, and Accessory Dwellings (see also
§270- 4.8 for modifications):
Setback
Front
Side
Rear
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Principal
30 feet
15 feet
30 feet
Accessory
Not Permitted
10 feet
10 feet
Accessory Dwelling
30 feet
15 feet
30 feet
Minimum Lot Width:
(a)
(b)
Business/Civic/Social: 65 feet
(c)
(a)
Agricultural: 60%
(b)
Business/Civic/Social: 50%
(c)
Residential: 35%
(a)
Residential Uses: 35 feet
(b)
Non-Residential Uses/Structures: 45 feet
Ordinance.
Ordinance.
Driveway and Access Drives Requirements: All driveways and access drives shall comply
with the East Hempfield Township Road Ordinance.
water facilities.
minimum of fifty (50) feet from and adjoining residentially-zoned lots. All waste receptacles
Revised 1/17/14
Article 3
Page 37
(16)
Revised 1/17/14
Article 3
Page 38
§270-3.4
MINERAL EXTRACTION ZONE (ME)
A.
STATEMENT OF INTENT – To continue to reserve the area of East Hempfield Township that is
specifically designated for mineral extraction activities, due to the presence of existing mineral
extraction activities and the presence of mineral resources.
B.
PERMITTED USES – The following are permitted uses by right, subject to all other applicable
(1)
Agricultural Uses:
(a)
(2)
Residential Uses:
(a)
None
(3)
Business Uses:
(a)
Asphalt and Concrete Processing
(b)
(c)
Mineral extraction, processing, and storage: See regulations in §270-5.2.GG
(4)
(a)
(b)
(c)
Park and Recreation Facilities, Private and Commercial
(d)
Public Use
(5)
Accessory Uses Customarily Incidental to the above Permitted Uses: See regulations in §2704.2
C.
(1)
Alternative Energy Uses, Principal: See regulations in §270-5.2.D
D.
(1)
Communication Antennas And Towers: See regulations in §270-5.2.O
E.
DESIGN STANDARDS
(1)
Minimum Lot Area: Ten (10) acres
(2)
Minimum Setbacks for Principal and Accessory Uses (see also §270-4.8 for modifications): 50
feet from all lot lines
(3)
Minimum Lot Width: None
(4)
Maximum Lot Coverage: None
(5)
Maximum Building Height (see also §270-4.3 for exceptions): 45 feet
(6)
Traffic Impact Study: Required: See regulations in the East Hempfield Township Subdivision
and Land Development Ordinance, as amended.
(7)
(8)
(9)
Ordinance.
(10)
Ordinance.
(11)
(12)
water facilities.
Revised 1/17/14
Article 3
Page 39
(13)
(14)
(15)
(16)
(17)
Revised 1/17/14
Article 3
Page 40
§270-3.5
LOW DENSITY RESIDENTIAL ZONE (RL)
A.
STATEMENT OF INTENT – This zone supports and protects a suburban residential lifestyle as well
as other low density residential housing sizes and types considered to be appropriate for existing and
or new neighborhoods. Such suburban neighborhoods shall include or be in close proximity to
recreational lands and shall be serviced by public infrastructure.
B.
PERMITTED USES – The following are permitted uses by right, subject to all other applicable
(1)
Agricultural Uses:
(a)
Horticultural Operations, including one single-family detached dwelling contained on
the site, subject to the requirements of §270-3.2.E
(2)
Residential Uses:
(a)
Group Home
(b)
Personal Care Home/Shelter Care Home
(c)
(3)
Business Uses:
(a)
(4)
(a)
Community Activity Buildings
(b)
(c)
Public Use
(d)
(5)
C.
(1)
Community Rehabilitation Facilities: See regulations in §270-5.2.P
D.
(1)
(2)
Bed and Breakfasts: See regulations in §270-5.2.I
(3)
Communication Antenna: See regulations in §270-5.2.O
(4)
Day Care Services, Commercial: See regulations in §270-5.2.S
(5)
Day Care Services, Family: See regulations in §270-5.2.S
(6)
E.
DESIGN STANDARDS
(1)
Minimum Lot Area:
(a)
Residential Uses: 12,000 sf
(b)
All Other Uses: ½ acre
(2)
Setback
Front
Side
Rear
Principal
30 feet
10 feet
35 feet
Accessory
Not Permitted
5 feet
5 feet
Accessory Dwelling
30 feet
10 feet
10 feet
Revised 1/17/14
Article 3
Page 41
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
Maximum Residential Density:
(a)
Single-Family Detached – 3 Dwelling Units/Acre
Minimum Lot Width:
(a)
(b)
Business: 100 feet
(c)
(d)
(a)
Agricultural: 60%
(b)
Business/Civic/Social: 40%
(c)
Residential: Single-Family Detached: 35%
(a)
Principal Structures including detached garage and accessory dwelling units: 35 feet
(b)
Accessory Structures: 20 feet
Ordinance.
Ordinance.
Public Sewer and Water: All uses in this zone shall connect to public sewer and water
facilities unless it is shown by a professional engineer and approved by the appropriate
authority that such connection is not feasible.
Revised 1/17/14
Article 3
Page 42
§270-3.6
MEDIUM DENSITY RESIDENTIAL ZONE (RM)
A.
STATEMENT OF INTENT – This zone provides opportunities for medium density housing offering a
range of housing types, sizes and permits ancillary businesses that service existing and new
neighborhoods. Such neighborhoods should include or be in close proximity to recreational lands and
shall be serviced by public infrastructure.
B.
(1)
Agricultural Uses:
(a)
Forestry Activities
(b)
the site, subject to the requirements of §270-3.2.E
(2)
Residential Uses:
(a)
Group Home
(b)
Multi-Family Dwelling
(c)
(d)
(e)
Single-Family Semi-Detached Dwelling (Duplex)
(f)
Townhouse
(3)
Business Uses:
(a)
(4)
(a)
Assisted Living Facilities: See regulations in §270-5.2.F
(b)
(c)
Municipal Use
(d)
Park And Recreation Facilities, Public
(e)
(f)
(g)
(h)
Accessory uses customarily incidental to the above permitted uses: See regulations in
§270-4.2.
C.
(1)
Cluster Developments: See regulations in §270-5.2.N
(2)
Community Rehabilitation Facilities: See regulations in §270-5.2.P
(3)
Mobile Home Parks: See regulations in §270-5.2.HH
D.
Hearing Board: See regulations in Article 9 – Special Exceptions, §270-9.1.F. In addition, all business
uses in the RM zone must meet the Special Exception Criteria listed in §270-5.2.J
(1)
(2)
(3)
Boarding Homes: See regulations in §270-5.2.J
(4)
Communication Antenna: See regulations in §270-5.2.O
(5)
Convenience Stores: See regulations in §270-5.2.Q
(6)
Day Care Services, Commercial and Family: See regulations in §270-5.2.S
(7)
Finance and Insurance: See regulations in §270-5.2.K
(8)
(9)
Mixed Use Building: See regulations in §270-5.2.K
(10)
Professional, Scientific and Technical Offices: See regulations in §270-5.2.K
Revised 1/17/14
Article 3
Page 43
(11)
(12)
(13)
E.
Restaurants: See regulations in §270-5.2.PP
Retail Sales, Service and Repair: See regulations in §270-5.2.K
DESIGN STANDARDS
(1)
Minimum Lot Area:
(a)
Residential Uses: 4,000 sf
(b)
(c)
All other uses: ½ acre
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Setback Principal
Accessory
Accessory Dwelling
Front
20 feet *
Not permitted
20 feet
Side
10 feet
5 feet
10 feet
Rear
25 feet
5 feet
10 feet
∗ 25 feet if a sidewalk is located along the street in front of the dwelling unit
(a)
Single-Family Detached – 4 dwelling units/acre
(b)
Single-Family Semi-Detached – 4 dwelling units/acre
(c)
Townhouse – 5 dwelling units/acre
(d)
Multi-Family - 5 dwelling units/acre
(e)
Cluster Development: 6 dwelling units/acre
Minimum Lot Width:
(a)
(b)
Businesses and Mixed Uses: 40 feet
(c)
(d)
Single-Family Semi-Detached: 25 feet
(e)
Townhouse: 25 feet
(f)
All Other Permitted Residential Uses: 40 feet
(g)
(a)
Agricultural: 60%
(b)
Business and Mixed Uses: 60%
(c)
Civic/Social: 40%
(d)
Residential: 60%
(e)
(a)
Principal Structures including attached or detached garage and accessory dwelling
units: 35 feet
(b)
Accessory Structures: 20 feet
(c)
Maximum Building Area:
(a)
Multi-Family Dwelling: 10,000 sf
(b)
Convenience Stores: 5,000 sf
(c)
All Other Business Use Buildings: 3,000 sf
Ordinance.
Ordinance.
Revised 1/17/14
Article 3
Page 44
(12)
(13)
(14)
(15)
(16)
(17)
(18)
Driveway and Access Drive Requirements: All driveways and access drives shall be in
accordance with the East Hempfield Township Road Ordinance.
Revised 1/17/14
Article 3
Page 45
§270-3.7
VILLAGE RESIDENTIAL ZONE (VR)
A.
STATEMENT OF INTENT – This zone strives to enhance and protect existing traditional villageresidential areas in East Hempfield Township. The VR Zone encourages a mix of housing types. High
priority is given to maintaining the village’s existing historic and cultural character.
B.
(1)
Agricultural Uses:
(a)
Forestry Activities
(b)
(2)
Residential Uses:
(a)
Group Home
(b)
(c)
(d)
Townhouse
(e)
(f)
(g)
(3)
Business Uses:
(a)
(4)
(a)
(b)
Municipal Use
(c)
(d)
(e)
Public Use
(f)
Public Utilities
(g)
(5)
C.
(1)
(2)
Community Rehabilitation Facility: See regulations in §270-5.2.P
D.
(1)
(2)
(3)
(4)
Communication Antennas: See regulations in §270-5.2.O
(5)
E.
DESIGN STANDARDS
(1)
Minimum Lot Area: 3,000 sf.
(2)
Minimum Setbacks for Principal Uses, Accessory Uses and Accessory Dwelling Units: (see
also §270-4.8 for modifications)
Revised 1/17/14
Article 3
Page 46
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
Setback Principal
Accessory
Accessory Dwelling
Front
See (a) below
Not Permitted
Not Permitted
Side
5 feet
0 feet
5 feet
Rear
10 feet
0 feet
10 feet
(a)
The front yard setback for a new or improved building on a vacant, infill or
redeveloped lot shall be not be less than the average setback of developed lots on the
block, measured from the closest street right-of-way line.
(a)
(b)
(c)
(d)
Multi-Family – 10 dwelling units/acre
Minimum Lot Width:
(a)
Townhouses – 24 feet
(b)
All Other Uses – 35 feet
Maximum Lot Coverage: 70%
Minimum Building Height: The minimum building height is the average building height of
buildings located on the block or closest street.
Lot Configuration: Where alleys are present, all lots shall front on the primary street and the
rear of the lot shall face the alley.
Pedestrian Walkways: Pedestrian walkways shall be provided within the Village Residential
Zone and shall be designed and located so as to accommodate and encourage safe and efficient
pedestrian friendly movements within the community. Depending upon the purpose and
location within the community, applicant may propose varying widths and surfaces for such
walkways. All pedestrian walkways shall be a minimum of four feet (4') in width.
Bus Stops: Bus stops shall be placed at appropriate locations within the Village Residential
Zone as coordinated with local mass transit providers.
Ordinance.
Ordinance.
Revised 1/17/14
Article 3
Page 47
§270-3.8
VILLAGE CENTER ZONE (VC)
A.
STATEMENT OF INTENT – This zone recognizes East Hempfield Township’s original residential,
commercial and mixed-use settlement pattern within its village areas. This established pattern of
development includes higher intensities of development that integrates a mix of business and
residential uses. The Village Center Zone provides opportunities for redevelopment, infill and reuse of
existing, particularly historic structures.
B.
(1)
Agricultural Uses:
(a)
Forestry Activities
(2)
Residential Uses:
(a)
Group Home
(b)
(c)
Single-Family Detached Dwelling Unit
(d)
(e)
Townhouse
(f)
(3)
Business Uses:
(a)
Amusement, Fitness, and Entertainment Businesses: See regulations in §270-5.2.E
(b)
(c)
Conveniences Stores: See regulations in §270-5.2.Q
(d)
(e)
Finance and Insurance
(f)
Funeral Homes
(g)
Grocery Store
(h)
(i)
(j)
Lodging and Overnight Accommodations
(k)
Mixed Use Building
(l)
Motor Vehicle Fueling Station (non 24 hour operation): See regulations in §270-5.2.II
(m)
Performing Arts and Related Industry
(n)
Private Club: See regulations in §270-5.2.MM
(o)
Professional, Scientific and Technical Offices
(p)
(q)
Retail Sales, Service and Repair
(r)
Shopping Complex: See regulations in §270-5.2.SS
(s)
(4)
(a)
(b)
(c)
Municipal Use
(d)
(e)
(f)
Public Use
(g)
Public Utilities
(h)
(i)
(5)
Revised 1/17/14
Article 3
Page 48
C.
(1)
Heavy Timber Warehouse Conversions: See regulations in §270-5.2.Y
(2)
Nightclubs: See regulations in §270-5.2.KK
D.
Hearing Board: See regulations in Article 9 – Special Exception, §270-9.1.F.
(1)
(2)
(3)
Bars/Taverns: See regulations in §270-5.2.H
(4)
(5)
Cemeteries: See regulations in §270-5.2.M
(6)
(7)
(8)
Motor Vehicle Fueling Station: See regulations is §270-5.2.II
E.
DESIGN STANDARDS
(1)
Minimum Lot Area: 3,000 sf.
(2)
Minimum Setbacks for Principal Uses, Accessory Uses, and Accessory Dwelling Units (see
also §270-4.8 for modifications):
Setback Principal
RESIDENTIAL
Front
Not less than the average setback
of developed lots on the block,
measured from the closest street
right-of-way line.
Side
5 feet
Rear
10 feet
NON-RESIDENTIAL
Front
See (a) below
Side
Rear
Accessory
Accessory Dwelling
Not Permitted
Not Permitted
0 feet
0 feet
5 feet
10 feet
Equal to the Not Permitted
Principal
10 feet from other non-residential 10 feet from 10 feet
uses. 20 Feet from adjacent other
nonresidential uses.
residential uses.
20 feet from
adjacent
residential uses.
10 feet
0
10 feet
(a)
(3)
(4)
(5)
Parking facilities contained on commonly held lands shall have a minimum separation
distance of twenty feet (20') to any other non-residential or residential building.
Pedestrian walkways and lighting may be constructed within the twenty foot setback.
(a)
(b)
(c)
(d)
Minimum Lot Width: 25 feet
Maximum Lot Coverage: 70%; such coverage requirements may be exceeded provided:
(a)
Pervious pavement materials are used; or
Revised 1/17/14
Article 3
Page 49
(b)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
A landscaping plan, including streetscape enhancements, is prepared, approved and
implemented.
Maximum Building Height (see also §270-4.3 for exceptions): 35 feet. If an underground
parking facility is utilized for a multi-family building, and at least 50% of the parking level is
provided below grade, the parking level shall not be considered a story for purposes of
calculating height.
Maximum Building Area: 5,000 sf; with the following exceptions:
(a)
Convenience Store: 5,000 sf
(b)
Grocery Store: 45,000 sf
Lot Configuration: Where alleys are present, all lots shall front on the primary street and the
rear of the lot shall face the alleyway.
Pedestrian Walkways: Pedestrian walkways shall be provided within the Village Center Zone
and shall be designed and located so as to accommodate and encourage safe and efficient
pedestrian friendly movements within the community. Depending upon the purpose and
location within the community, applicant may propose varying widths and surfaces for such
walkways. All pedestrian walkways shall be a minimum of four feet (4') in width.
Bus Stops: Bus stops shall be placed at appropriate locations within the Village Center Zone
as coordinated with local mass transit providers.
The entrance to any dwelling unit in a mixed-use building may be shared with another
dwelling unit or units but shall be independent of the non-residential use or uses.
Restaurant uses shall be permitted to operate outdoor cafes on sidewalks and in courtyards,
provided pedestrian circulation or access to entrances shall not be impaired.
Ordinance.
Ordinance, except as modified as follows:
(a)
Parking shall be located within the side or rear yard.
(b)
For all dwelling types driveway access may be provided from alleys.
(c)
All residential uses shall provide a minimum of two parking spaces per dwelling unit.
(d)
All other permitted uses shall provide the number of spaces directed under Article 8 of
this Zoning Ordinance.
(e)
The minimum parking requirements for all uses, with the exception of single-family
detached dwellings, may be satisfied through any combination of the following:
driveways, carports, garages, on-street parking spaces along interior access drives
and/or streets, off-street parking spaces and/or parking facilities. Parking for singlefamily detached dwellings, must be provided behind the street right-of-way line in the
form of driveways, carports or garages.
(f)
Required parking for any use must be located in a parking area whose furthest point is
within 500 feet from the building.
(g)
Shared parking is encouraged within the Village Center Zone. Applicant may request
a modification and reduction of the number of required parking spaces when two or
more uses are able to share parking spaces because demands occur at different times.
Revised 1/17/14
Article 3
Page 50
(20)
(21)
(22)
(23)
and other ornamental plantings. (See §270-4.10 of this Ordinance.
Revised 1/17/14
Article 3
Page 51
§270-3.9
COMMUNITY BUSINESS CENTER ZONE (CBC)
A.
STATEMENT OF INTENT – This zone provides East Hempfield Township residents with major
goods and services at a size and scale that is appropriate with surrounding neighborhoods. The zone
represents existing and new business areas in the Township that are contiguous to the Township’s
major corridors in the Designated Growth Area in the East Hempfield Township Comprehensive Plan.
These areas have the carrying capacity to accommodate moderately-sized business activities. A major
organizing feature of these business areas is the roadway corridor; therefore, design features of the
corridor to provide streets that accommodate motorized and non-motorized vehicular and pedestrian
traffic and parking in a safe, efficient and attractive manner is of paramount importance. The zone
provides opportunities for live-work arrangements in multi-use structures.
B.
(1)
Agricultural Uses:
(a)
Forestry Activities
(b)
(2)
Residential Use:
(a)
(b)
Townhouse
(c)
(3)
Business Uses:
(a)
(b)
(c)
Conveniences Stores: See regulations in §270-5.2.Q
(d)
Drive-Thru and Drive-In Services: See regulations in §270-5.2.U
(e)
(f)
Grocery Store
(g)
(h)
(i)
(j)
(k)
Mixed Use Building
(l)
Motor Vehicle Fueling Station (non 24 hour operation): See regulations in §270-5.2.II
(m)
Motor Vehicle Sales, Leasing, and Service: See regulations in §270-5.2.JJ
(n)
(o)
(p)
Restaurant: See regulations in §270-5.2.PP
(q)
(r)
Shopping Complex: See regulations in §270-5.2.SS
(s)
(4)
(a)
(b)
(c)
Municipal Use
(d)
(e)
(f)
Public Utilities
(g)
Recycling Facilities less than 300 sf
(h)
Revised 1/17/14
Article 3
Page 52
(5)
C.
(1)
D.
(1)
(2)
(3)
(4)
Cemeteries: See regulations in §270-5.2.M
(5)
Communications Antenna: See regulations in §270-5.2.O
(6)
Motor Vehicle Fueling Station: See regulations is §270-5.2.II
(7)
Place Of Worship, Regional: See regulations in §270-5.2.LL
E.
DESIGN STANDARDS
(1)
Minimum Lot Area: None
(2)
Minimum Setbacks for Principal Uses, Accessory Uses, and Accessory Dwelling Units: (see
also §270-4.8 for modifications)
(3)
(4)
(5)
(6)
(7)
Setback Principal
Accessory
Accessory Dwelling
RESIDENTIAL
Front
20 feet *
Not Permitted
20 feet
Side
10 feet
5 feet
10 feet
Rear
20 feet
5 feet
10 feet
NON-RESIDENTIAL
Front
20 feet
20 feet
Not Permitted
Side
10 feet from other non- 10 feet from other non- 10 feet
residential uses. 20 feet residential uses. 20 feet
from adjacent residential from adjacent residential
uses.
uses.
Rear
20 feet
10
10 feet
∗ 25 feet if a sidewalk is located along the street in front of the dwelling unit
(a)
(b)
Minimum Lot Width:
(a)
Agriculture: 100 feet
(b)
(c)
(d)
Business: 50 feet
Maximum Building Height (see also §270-4.3 for exceptions):
(a)
(b)
All Other Uses: 45 feet
Maximum Building Area:
(a)
Grocery Store: 65,000 sf
(b)
Industrial, Light: 10,000 sf
(c)
Lodging and Overnight Accommodations: 30,000 sf
(d)
Retail Businesses (excluding convenience stores): 25,000 sf
Revised 1/17/14
Article 3
Page 53
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(e)
All Other Buildings: 15,000 sf
Ordinance.
Ordinance.
Revised 1/17/14
Article 3
Page 54
§270-3.10
REGIONAL BUSINESS CENTER ZONE (RBC)
A.
STATEMENT OF INTENT – To designate areas for mixed use commerce centers, which provide
opportunities for the development of major employment complexes, with a focus on priority business
clusters; office, research, and light industrial complexes; and economic development. These primary
activities are supplemented by a modest amount of retail sales, service and repair and service activities
to serve the needs of the commerce center employees. The zone has direct access to a complete
transportation network, which accommodates both local and regional traffic. Special attention is given
to design to ensure all elements of the center are coordinated and fit into the community character of
East Hempfield Township.
B.
(1)
Agricultural Uses:
(a)
Forestry Activities
(b)
(2)
Residential Uses:
(a)
(3)
Business Uses:
(a)
(b)
Auction, Retail
(c)
(d)
Contractor Business And Storage
(e)
Convenience Store: See regulations in §270-5.2Q
(f)
(g)
Drive-Thru and Drive-In Services: See regulations in §270-5.2.U
(h)
(i)
Grocery Stores
(j)
Home-Based Business, Impact: See regulations in §270-5.2.B
(k)
(l)
(m)
(n)
Motor Vehicle Fueling Station (not 24 hour operation): See regulations in §270-5.2.II
(o)
Motor Vehicle Sales, Leasing, and Service: See regulations in §270-5.2.JJ
(p)
(q)
(r)
(s)
(t)
Shopping Complexes: See regulations in §270-5.2.SS
(u)
(v)
(4)
(a)
(b)
Assisted Living Facilities: See regulations in 270-5.2.F
(c)
(d)
Municipal Use
(e)
(f)
(g)
(h)
Public Use
(i)
Public Utilities
Revised 1/17/14
Article 3
Page 55
(5)
(j)
Recycling Facilities Less Than 300 Sf
(k)
C.
(1)
Industrial, General: See regulations in §270-5.2.DD
(2)
D.
(1)
(2)
(3)
(4)
Motor Vehicle Fueling Station: See regulations in §270-5.2.II
(5)
Place Of Worship, Regional: See regulations in §270-5.2.LL
E.
DESIGN STANDARDS
(1)
(2)
Minimum Setbacks for Principal and Accessory Uses: (see also §270-4.8 for modifications)
Setback Principal
RESIDENTIAL
Front
35 feet
Side
10 feet
Rear
20 feet
NON-RESIDENTIAL
Front
35 feet
Side
10 feet from other nonresidential uses. 20 feet
from adjacent residential
uses.
Rear
20 feet
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Accessory
Accessory Dwelling
Not Permitted
5 feet
10 feet
20 feet
10 feet
10 feet
35 feet
Not Permitted
10 feet from other non- 10 feet
residential uses. 20 feet
from adjacent residential
uses.
10 feet
10 feet
Maximum Residential Density: 8 dwelling units/acre
Minimum Lot Width:
(a)
Business: 100 feet
(b)
(c)
Ordinance.
Ordinance.
Revised 1/17/14
Article 3
Page 56
(13)
(14)
(15)
(16)
(17)
Revised 1/17/14
Article 3
Page 57
§270-3.11
CAMPUS ZONE (C)
A.
STATEMENT OF INTENT – To recognize existing and reserve future areas of the Township for the
development of institutional campuses. Predominant characteristics of a campus-style development
include a mixture of uses that are complementary to the principal use. Design standards should be
flexible to accommodate a variety of types of campus-style development. This zone requires that
special attention be given to design to ensure all elements of a campus development, particularly
pedestrian connectivity, streetscape, and landscaping enhancements, are coordinated and fit within a
planned campus development.
B.
(1)
Agricultural Uses:
(a)
Forestry Activities
(b)
(2)
Residential Uses:
(a)
None
(3)
Business Uses:
(a)
Medical Hospitals, Research Facilities, Patient Care
(4)
(a)
(b)
(c)
(d)
Long-Term Care Facilities: See regulations in §270-5.2.F
(e)
Municipal Use
(f)
Park And Recreation Facilities, Private and/or Commercial
(g)
(h)
Places of Worship, Local: See regulations in §270-5.2.LL
(i)
Public Use
(j)
Public Utilities
(k)
(l)
(5)
Campus Accessory Uses customarily incidental to the above Campus Uses including, but not
limited to, the following:
(a)
Residential Uses accessory to a permitted campus use:
[1]
Dormitories: See regulations in §270-5.2.T
[2]
[3]
[4]
Townhouse
[5]
[6]
[7]
Two-Family Conversions: See regulations in §270-5.2.RR
(b)
Business Uses accessory to a permitted campus use:
[1]
Convenience Stores: See regulations in §270-5.2.O
[2]
[3]
[4]
[5]
Mixed Use Building
[6]
[7]
[8]
Revised 1/17/14
Article 3
Page 58
(c)
(d)
Civic/Social/Utility Uses accessory to a permitted campus use:
[1]
Helicopter pad: See regulations in §270-5.2.Z
Accessory uses customarily incidental to the above permitted uses: See regulations in
§270-4.2
C.
(1)
None
D.
(1)
Communication antenna and towers: See regulations in §270-5.2.O
(2)
Places of worship, Regional: See regulations in §270-5.2.LL
E.
DESIGN STANDARDS
(1)
Minimum Lot Area: None.
(2)
Minimum Setbacks for Principal and Accessory Uses (see also §270-4.8 for modifications):
Setback
Principal
Accessory
Front
25 feet (1)
20 feet
Side
25 feet
25 feet
Rear
30 feet
30 feet
(1)
Buildings greater than 45 feet in height: the front setback shall be equal to the proposed
building height.
(3)
(4)
(5)
(6)
(7)
Maximum Residential Density: None.
Minimum Lot Width:
(a)
Business: 50 feet
(b)
(c)
(a)
Principal Structure: 90 feet
(b)
Accessory Structure: 45 feet
Master Development Plan Requirement: In order to inform the Township regarding
development plans, and to assure the Township that such plans are compatible with the future
development of the C Zone, the applicant shall prepare and submit a Master Development Plan
to the Township Planning Commission and the Township Board of Supervisors prior to
submission of any subdivision or land development plans regarding the C Zone. The Master
Development Plan shall be submitted and reviewed in the same manner as a sketch plan under
the Township Subdivision and Land Development Ordinance, as amended. The applicant
shall submit an update of the Master Development Plan every five (5) years, at a minimum,
unless the applicant indicates that there are no changes from the most recent, previously
submitted Master Development Plan. No subdivision or land development plan or zoning
permit for any new construction or substantial rehabilitation shall be issued, unless it is
consistent with the Master Development Plan, as amended by the applicant from time to time.
(a)
The Master Development Plan shall contain, at a minimum, the following:
[1]
A map showing the location of the site;
[2]
A listing and description of all existing structures and uses, if any;
[3]
A conceptual plan (prepared to the standards of a sketch plan as defined in the
Township Subdivision and Land Development Ordinance, as amended)
showing the proposed overall development scheme, including a description of
Revised 1/17/14
Article 3
Page 59
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
the type of uses; the size, height and floor space of each planned structure,
including site plans showing the physical location of each; the provisions for
parking; and the proposed streets and public ways;
[4]
A description of the manner in which each planned structure will relate to an
integrated campus setting; and,
[5]
A description of the manner in which each planned structure will be consistent
with the Township’s Comprehensive Plan.
Ordinance.
Ordinance.
Revised 1/17/14
Article 3
Page 60
§270-3.12
ENTERPRISE ZONE (E)
A.
STATEMENT OF INTENT – Areas of the community that are prime for business enterprise due to
vehicle and or rail access, utilities and infrastructure. The uses within this zone, due to their size, scale,
potential environmental impacts, truck traffic, rail access, and type of activity, are appropriately
located at a desirable distance from neighborhoods, schools, parks and recreation areas. These
business areas provide essential benefits to the Township including employment and
economic/financial stability that help to create a more sustainable community.
B.
(1)
Agricultural Uses:
(a)
Agricultural Wholesale Operations
(b)
Forestry Activities
(c)
(2)
Residential Uses:
(a)
None
(3)
Business Uses:
(a)
Auction, Automobile: See regulations in §270-5.2.G
(b)
Auction, Wholesale
(c)
(d)
Convenience Stores: See regulations in §270-5.2.Q
(e)
Heavy Equipment Sales, Service And Repair
(f)
Industrial, Light and General: See regulations in §270-5.2.DD
(g)
(h)
Office
(i)
Motor Vehicle Fueling Station: See regulations in §270-5.2.II
(j)
Motor Vehicle Storage
(k)
(l)
Regional Commercial Sports Facilities: See regulations in §270-5.2.OO
(m)
Self Storage Facilities: See regulations in §270-5.2.RR
(4)
(a)
(b)
Municipal Use
(c)
(d)
(e)
Public Utilities
(5)
Accessory Uses Customarily Incidental to the above Permitted Uses: See regulations in §2704.2.
C.
(1)
Adult Businesses: See regulations in §270-5.2.B
(2)
(3)
Community Rehabilitation Facilities: See regulations in 270-5.2.P
(4)
Correctional Facilities: See regulations in §270-5.2.R
(5)
Industrial, Heavy: See regulations in §270-5.2.DD
(6)
Legalized Gambling Establishments: See regulations in §270-5.2.FF
(7)
Recycling Facilities: See regulations in §270-5.2.NN
Revised 1/17/14
Article 3
Page 61
D.
Hearing Board: See regulations in Article 9 – Special Exceptions, §270-9.1.F
(1)
Communication Antenna And Towers: See regulations in §270-5.2.O
E.
DESIGN STANDARDS
(1)
(2)
Setbacks
Front
Side
Rear
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
Principal
50 feet
25 feet
35 feet
Accessory
Not Permitted
15 feet
20 feet
(a)
Principal Structures: 60 feet
(b)
Structures for a regional commercial sports facility may exceed the maximum
permitted height so long as they are set back from all lot lines at least the horizontal
distance equal to their height, plus an additional fifty (50) feet provided that the
maximum height of the structure shall not exceed eighty-five (85) feet. Furthermore,
the portion of the structure exceeding the maximum permitted height shall not be used
for habitable occupancy.
All uses shall meet all state and federal regulations
Ordinance.
Ordinance.
Revised 1/17/14
Article 3
Page 62
§270-3.13
RECREATION/OPEN SPACE ZONE (ROS)
A.
STATEMENT OF INTENT – This zone intends to provide greater design flexibility, efficiency, and
options for conserving open space and park/recreation areas and reducing infrastructure needs required
for typical development. The regulations of the zone provide the impetus to create development
harmonious with the landscape and important natural amenities; to encourage design concepts that
complement East Hempfield Township’s scenic and historic character; and to protect and develop
open spaces within neighborhoods. Future development should be focused on creating a network of
open spaces throughout the community. East Hempfield Township desires connections between
natural and recreational areas; and, specifically, to establish a greenway system along stream corridors
that would interconnect with Regional and County greenway systems.
B.
(1)
Agricultural Uses:
(a)
Agricultural operations, including one single-family detached dwelling contained on
(b)
Forestry activities
(2)
Residential Uses:
(a)
None
(3)
Business Uses:
(a)
None
(4)
(a)
Greenways
(b)
Municipal Use
(c)
(d)
(e)
(f)
Public Utilities
(5)
Accessory Uses Customarily Incidental to the above Permitted Uses, including but not limited
to: See regulations in §270-4.2
(a)
(b)
Storage and Maintenance Garage
C.
(1)
None
D.
(1)
Golf Courses: See regulations in §270-5.2.X
E.
DESIGN STANDARDS
(1)
(2)
Setbacks
Front
Side
Rear
(3)
Principal
50 feet
50 feet
50 feet
Accessory
Not Permitted
35 feet
35 feet
Revised 1/17/14
Article 3
Page 63
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Minimum Lot Width:
(a)
Greenways: none
(b)
(a)
Agricultural Uses: 45 feet
(b)
Ordinance.
Ordinance.
Waste Products: Dumpsters, when provided, shall be screened from any adjoining streets or
lots. All dumpsters shall be set back a minimum of fifty (50) feet from any adjoining
residentially-zoned lots. All waste receptacles shall be completely enclosed. (See §270-4.11
of this Ordinance.)
Revised 1/17/14
Article 3
Page 64
§270-3.14
A.
AGRICULTURE HOLDING ZONE (AH)
STATEMENT OF INTENT – This zone represents staged future growth areas of East Hempfield
Township that are not yet needed for development. The locations of these zones coincide with large
concentrations of farming amid the Township's “urban growth area” landscape. Because of the need to
stage development within the Township, areas within this zone are intended to be kept in “Holding”
and subject to less intensive development until such time as other more suitable sites are developed
and until such time as the Township determines there is a need to rezone to a more intensive use.
Although public utilities exist, or are expected within these areas, their use will not increase potential
development intensity. Rather, strict density limitations will be imposed on the Agriculture Holding
Zones that provide for reasonable use of the land, yet provide disincentive for premature development.
B.
(1)
Agricultural Uses:
(a)
(b)
Forestry Activities
(2)
Residential Uses:
(a)
(3)
Business Uses:
(a)
(b)
Historic Conversions: See regulations in §270-5.2.AA
(c)
(4)
(a)
Municipal Use
(b)
(c)
(d)
Public Use
(e)
Public Utilities
(5)
C.
(1)
D.
(1)
(2)
(3)
Camps and Campgrounds: See regulations in §270-5.2.L
(4)
(5)
(6)
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E.
DESIGN STANDARDS
(1)
Minimum Lot Area:
(a)
Single family detached dwelling 43,560 square feet (1 acre); and the maximum shall
be 87,120 square feet (2 acres). Lot size may increase dependent upon on-lot disposal
system suitability as required by the East Hempfield Township On Lot Disposal
System Ordinance
(2)
Minimum Setbacks for Principal Uses, Accessory Uses, and Accessory Dwelling Units (see
also §270-4.8 for modifications):
Setback
Front
Side
Rear
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
Principal
30 feet
15 feet
30 feet
Accessory
Not permitted
5 feet
5 feet
Accessory Dwelling
30 feet
15 feet
30 feet
(a)
Single-Family Detached – 1 dwelling unit/acre
(a)
Agricultural: 60%
(b)
Residential: 25%
(c)
Non-residential (excluding agricultural uses/operations): 25%
Maximum Building Height: (see also §270-4.3 for exceptions):
(a)
Agricultural Uses: 45 feet
(b)
Residential Uses: 35 feet
(c)
Nonresidential Uses: 35 feet
Ordinance.
Ordinance.
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§270-3.15
TRANSPORTATION RIGHT-OF-WAY ZONE (TR)
A.
STATEMENT OF INTENT – The purpose of this zone is to define the area that is utilized for major
transportation corridors. The only buildings or other structures permitted within this zone shall be
limited to those that are needed for the transportation facilities located within the right-of-way. These
areas are good locations for public infrastructure and associated facilities.
B.
PERMITTED USES – The following are uses permitted by right.
(1)
Civic/Social/Utility Uses
(a)
Municipal Use
(b)
Public Use
(c)
Public Utilities
C.
DESIGN STANDARDS – Within this zone, the design standards shall be limited to those standards
that are required by the state and federal agencies that regulate the facilities located within this zone.
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§270-3.16
AIRPORT HAZARD AREA OVERLAY ZONE (AHO)
A.
STATEMENT OF INTENT – The purpose of this section is to create an airport hazard area overlay
zone that considers safety issues around the Lancaster County Airport (Airport); regulates and restricts
the heights of constructed structures and objects of natural growth; creates appropriate zones,
establishing the boundaries thereof and providing for changes in the restrictions and boundaries of
such zones; creates the permitting process for use within said zones; and provides for enforcement,
assessment of violation penalties, an appeals process and judicial review.
B.
RELATION TO OTHER ZONES – This zone shall not modify the boundaries of any underlying zone.
Where identified, the overlay shall impose certain requirements on land use and construction in
addition to those contained in the underlying zone.
C.
ESTABLISHMENT OF AIRPORT ZONES – There are hereby created and established certain zones
herein, defined in the previous section and illustrated on the Township Zoning Map herein.
D.
PERMIT APPLICATIONS – As regulated by Act 164 and defined by 14 CFR Part 77.13(a), any
person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any
object (natural or manmade) in the vicinity of the Airport, shall first notify the Department’s Bureau of
Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal
at least thirty (30) days prior to commencement thereof. The Department’s BOA response must be
included with this permit application for it to be considered complete. If the Department’s BOA
returns a determination of no penetration of airspace, the permit request should be considered in
compliance with the intent herein. If the Department’s BOA returns a determination of a penetration of
airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations
as outlined in the next section. No permit is required to make maintenance repairs to, or to replace
parts of, existing structures which do not enlarge or increase the height of an existing structure.
E.
VARIANCE – Any request for a variance shall include documentation in compliance with 14 CFR
Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a
variance will depend on the determinations made by the Federal Aviation Administration (FAA) and
the Department’s BOA as to the effect of the proposal on the operation of air navigation facilities and
the safe, efficient use of navigable air space. In particular, the request for a variance shall consider
which of the following categories the FAA has placed the proposed construction in:
(1)
No Objection: The subject construction is determined not to exceed obstruction standards and
marking/lighting is not required to mitigate potential hazard. Under this determination, a
variance shall be granted.
(2)
Conditional Determination: The proposed construction/alteration is determined to create some
level of encroachment into an airport hazard area which can be effectively mitigated. Under
this determination, a variance shall be granted contingent upon implementation of mitigating
measures as described in Section H, Obstruction Marking and Lighting.
(3)
Objectionable: The proposed construction/alteration is determined to be a hazard and is thus
objectionable. A variance shall be denied and the reasons for this determination shall be
outlined to the applicant.
Such requests for variances shall be granted where it is duly found that a literal application or
enforcement of the regulations will result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and
will be in accordance with the intent herein.
F.
USE RESTRICTIONS – Notwithstanding any other provisions herein, no use shall be made of land or
water within this overlay zone in such a manner as to create electrical interference with navigational
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signals or radio communications between the Airport and aircraft; make it difficult for pilots to
distinguish between Airport lights and others; impair visibility in the vicinity of the Airport; or create
bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of
aircraft utilizing the Airport.
G.
PRE-EXISTING NON-CONFORMING USES – The regulations prescribed herein shall not be
construed to require the removal, lowering or other change or alteration of any structure or tree not
conforming to the regulations as of their effective date, or otherwise interfere with the continuance of a
non-conforming use. No non-conforming use shall be structurally altered or permitted to grow higher,
so as to increase the non-conformity, and a non-conforming use, once substantially abated (subject to
provisions of the underlying zone) may only be reestablished consistent with the provisions herein.
H.
OBSTRUCTING MARKING AND LIGHTING – Any permit or variance granted pursuant to the
provisions herein may be conditioned according to the process described herein to require the owner of
the structure or object of natural growth in question to permit the Township, at its own expense, or
require the person requesting the permit or variance, to install, operate and maintain such marking or
lighting as deemed necessary to assure both ground and air safety.
I.
VIOLATIONS AND PENALTIES; APPEALS – Violations and penalties, and appeals, shall be in
accordance with the provisions of Section 9, Administration and Enforcement.
J.
CONFLICTING REGULATIONS – Where there exists a conflict between any of the regulations or
limitations prescribed herein and any other regulation applicable to the same area, the more stringent
limitation or requirement shall govern and prevail.
K.
SEVERABILITY – If any of the provisions herein, or the application thereof to any person or
circumstance are held invalid, such invalidity shall not affect other provisions or applications herein
which can be given effect without the invalid provision or application; and, to this end, the provisions
herein are declared to be severable.
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§270-3.17
GREENWAY OVERLAY ZONE (GO)
A.
STATEMENT OF INTENT – The establishment of this zone is intended to mandate the preservation
of existing greenways through land conservation. The objective of the zone is to promote the
conservation, recreation and natural resource protection goals and objectives of the East Hempfield
Township Comprehensive Plan Update, as amended; incrementally preserve existing greenways;
encourage the establishment of greenway and recreation areas as housing and business development
occurs; provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an
emphasis on connecting residential and recreational areas; and preserve rural characteristics through
the permanent preservation of meaningful open space and sensitive natural resources.
B.
RELATION TO OTHER ZONES – This overlay zone shall not modify the boundaries of any
underlying zone. Where identified, the overlay shall impose certain requirements on land use and
construction in addition to those contained in the underlying zone.
C.
PERMITTED USES – In addition to those uses permitted in the underlying zone, the following uses
shall be permitted by right:
(1)
Access Points For Trails
(2)
Public Access Trails and Greenways
(3)
D.
DESIGN STANDARDS
(1)
Corridor Width: The corridor shall include the 100-year floodplain areas along creek corridors
as shown on the zoning map. Where the calculated 100-year floodplain had not been prepared,
a minimum width of 35 feet measured from the top of the bank shall be used.
(2)
Development within a Greenway Corridor:
(a)
There shall be no development within the Greenway Overlay Zone except those uses
permitted in Section C above.
(b)
Trail development specifications are provided in the East Hempfield Township
Subdivision and Land Development Ordinance, as amended.
(3)
The area within this zone shall be kept free from invasive species, yard waste, loose topsoil
piles, and grass clippings.
(4)
New developments shall be required to develop this area in accordance with Riparian Buffer
standards found in §265-8.7.H of the East Hempfield Township Subdivision and Land
Development Ordinance, as amended.
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§270-3.18
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
RESERVED FOR FUTURE
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§270-3.19
A.
FLOODPLAIN ZONE (FP)
PURPOSE AND INTENT – The Floodplain Zone includes the areas of East Hempfield Township
which are subject to periodic inundation by floodwaters. This inundation results in loss of life and
property, health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, impairment of the tax base and other adverse
effects on the public health, safety and general welfare.
In the interest of public health, safety and welfare, the regulations of the Floodplain Zone are designed
and intended to protect floodplain areas subject to and necessary for floodwaters, to permit and
encourage the retention of open land uses so located and utilized and to guide incompatible
development into more appropriate zones.
In advancing these principles and the general purposes of this chapter and Growing Together: A
Comprehensive Plan for Central Lancaster County, and as a supplement to §270-1.2 of this chapter,
the specific intent of this zone includes the following:
(1)
Regulate uses, activities and development which, acting alone or in combination with other
existing or future uses, activities and development, will cause unacceptable increases in flood
heights, velocities and frequencies.
(2)
Restrict or prohibit certain uses, activities and development from locating within areas subject
to flooding.
(3)
Require all those uses, activities and developments that do occur in flood-prone areas to be
protected and/or floodproofed against flooding and flood damage.
(4)
Protect individuals from buying lands and structures which are unsuited for intended purposes
because of flood hazards.
B.
LANDS IN ZONE DEFINED – The identified Floodplain Zone shall be those zones of East
Hempfield, Lancaster County, which are subject to the one hundred year flood, as identified in the
most recent revision of the Flood Insurance Rate Map (FIRM), the accompanying maps and studies as
prepared for by the Federal Emergency Management Agency (FEMA), or the most recent revision
thereof. The identified floodplain area shall consist of the following specific areas:
(1)
FW (Floodway Area): The areas identified as "Floodway" in the AE Zone in the Flood
Insurance Study prepared by the FEMA. The term shall also include floodway areas which
have been identified in other available studies or sources of information for those floodplain
areas where no floodway has been identified in the Flood Insurance Study.
(2)
FF (Flood-Fringe Area): The remaining portions of the one hundred year floodplain in those
areas identified as an AE Zone in the Flood Insurance Study where a floodway has been
delineated. The basis for the outermost boundary of this area shall be the one hundred year
flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(3)
FA (General Floodplain Area): The areas identified as "Zone A" in the Flood Insurance Study
for which no one hundred year flood elevations have been provided. When available,
information from other federal, state and other acceptable sources shall be used to determine
the one hundred year elevation as well as a floodway area, if possible. When no other
information is available, the one hundred year elevation shall be determined by using a point
on the boundary of the identified floodplain area which is nearest the subject property in
question. In lieu of the above, the Township may require the applicant to determine the
elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic
analyses shall be undertaken only by a Registered Professional Engineer or others of
demonstrated qualifications, who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the Township.
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C.
SUBDIVISION AND LAND DEVELOPMENT – Any subdivision and/or land development plan
shall not adversely impact floodplain zones. It is the responsibility of the registered professional to
identify and certify the accuracy of the floodplain features on a plan. However, if the East Hempfield
Township Zoning Hearing Board determines the protection of the lands within the floodplain zones
has not been adequately demonstrated, the proposal may be disapproved.
D.
BOUNDARY DISPUTES
(1)
Should a dispute concerning any boundary of the Floodplain Zone arise, the initial
determination of the Zoning Officer or Floodplain Manager may be appealed to the Zoning
Hearing Board in accordance with §270-9.1.G.(6)(E)(a) of this chapter. The burden of proof in
such an appeal shall be on the landowner and all hearings and procedures shall follow the
requirements of §270-9.1.H of this chapter.
(2)
All changes to the boundaries of the Floodplain Zone which affect areas identified in
Subsection B of this section are subject to the review and approval of FEMA for compliance
with the Rules and Regulations of the National Flood Insurance Program.
E.
RELATIONSHIP TO OTHER ORDINANCES – The provisions of this section create an overlay zone
which is applicable within floodplains in all other zones established by this chapter. To the extent the
provisions of this ordinance are applicable and more restrictive; they shall supersede conflicting
provisions within all other sections of this ordinance and all other ordinances of East Hempfield
Township. However, all other provisions of all other sections of this chapter and all other ordinances
of East Hempfield Township shall remain in full force.
F.
ANY PERMITTED OR SPECIAL EXCEPTION USE SHALL NOT CAUSE
(1)
Increases in Flood Heights, including Flood Heights in the Floodway
(2)
Additional Threats to Public Safety
(3)
Extraordinary Public Expense
(4)
Creation of Nuisances
(5)
Fraud or Victimization of The Public
(6)
Conflict with Building Codes, Property Maintenance Codes, Other Local Laws or Ordinances
G.
PERMITTED USES (See also 270-1.5) – The following uses and no others are permitted in the
Floodplain Zone, and they are permitted only if done under and in accordance with the provisions of
the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended, the Rules and Regulations of
the Pennsylvania Department of Environmental Protection, and all other applicable provisions of this
chapter:
(1)
Agriculture, horticulture and forestry, all excluding any structures and excluding any grading
or filling which would cause any increase in flood heights or frequency.
(2)
Erosion and sedimentation control measures, facilities and structures, provided no unhealthful
ponding or other unsanitary conditions shall occur.
(3)
Public and private recreational uses, such as parks, swimming areas (excluding swimming
pools), play areas, day camps, campgrounds (excluding campsites), picnic groves, lawns,
gardens, golf courses, driving ranges, archery ranges, game farms, areas or clubs for hunting,
fishing and/or boating (including marker or anchor buoys), paved bicycle paths and hiking and
horseback riding trails, all excluding any structures and excluding any grading or filling which
would cause any increase in flood heights or frequency.
(4)
Fish hatcheries, including uncovered ponds and raceways, which are approved by the
Pennsylvania Fish Commission, but excluding other structures.
(5)
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, tree fruits and seeds or
wild rice.
(6)
Activities related to the preservation of natural amenities, including wildlife sanctuaries,
nature preserves, woodland preserves, botanical gardens or arboretums, excluding any
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(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
H.
structures and excluding any grading or filling which would cause any increase in flood
heights or frequency.
Open space and front, side or rear yards required by other sections of this chapter. Floodplain
land may be used to meet minimum open space, yard and lot area requirements, provided that
the purpose and intent of this section, as set forth in Subsection A of this section, together with
the requirements of any other pertinent municipal regulations, is complied with.
Stream improvements whose sole purpose is to improve aquatic life habitat and which are
approved by the Pennsylvania Fish Commission and reviewed by the Lancaster County
Conservation District, and subject to the provisions of §270-3.19.F of this chapter.
One- or two-strand fences.
Picnic tables, park benches, fireplaces and grills and playground equipment, all if anchored to
prevent flotation.
Blinds for the shooting or observation of wildlife, provided that such blinds may only be
placed, erected and maintained during the open season established by the Pennsylvania Game
Commission for the taking of migratory waterfowl and the three weeks immediately preceding
and three weeks immediately following that open season. Blinds must be removed during all
other times of the year.
Farm ponds which are constructed in accordance with a conservation plan reviewed by the
Lancaster County Conservation District and which do not create any increase in flooding, and
subject to the provisions of §270-3.19.F of this chapter.
Floodproofing and flood hazard reduction structures to protect only lawfully existing
nonconforming structures and lawfully existing nonconforming uses within structures.
Culverts, bridges and approaches to public and private culverts and bridges, provided that
these facilities are owned and approved by the Township or State government.
SPECIAL EXCEPTION USES
(1)
The following uses in the Floodplain Zone are permitted only when special exceptions are
granted by the Zoning Hearing Board, as provided for herein and in §270-9.1 of this chapter,
when permitted by the underlying zone as permitted uses or special exception uses, and when
done under and in accordance with the provisions of the Clean Streams Law in Pennsylvania,
Act 394 of 1937, as amended, the Rules and Regulations of the Pennsylvania Department of
Environmental Protection, and all other provisions of this chapter.
(a)
Water-oriented uses, such as docks, piers, wharves, marinas, boat liveries and boatlaunching ramps.
(b)
Water-monitoring devices.
(c)
Public utility facilities (except buildings) under the exclusive jurisdiction of the
Pennsylvania Public Utility Commission, and specifically exempted from control by
municipal zoning ordinances, subject to the provisions of this chapter.
(d)
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public
Utility Commission, subject to the following conditions:
[1]
Facilities, such as pipelines, gas lines, storm sewers, sanitary sewers,
waterlines, outlet installations for sewage treatment plants, sealed public and
private water supply wells, pumping stations and underground
communications facilities shall, together with associated structures, but
excepting necessary vents, be designed and installed underground so as to be
at or below the existing natural surface grade within the floodplain, and in
such a manner as will prevent flotation, minimize or eliminate flood damage
and not alter the cross-sectional area of the floodplain. All new or replacement
water supply facilities and/or sanitary sewage facilities shall be designed to
minimize or eliminate infiltration of floodwaters into the facilities and
discharges from the facilities into floodwaters. All gas lines shall have a
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(2)
system of shutoff valves for service to the Floodplain Zone to allow positive
control during flood emergencies.
[2]
Electrical transmission lines and supporting structures shall be installed so as
to minimize or eliminate flood damage and all lines of less than 15 kilovolts
shall be installed underground, below the existing natural surface grade within
the floodplain. Aboveground electrical transmission lines of 15 kilovolts or
more may be allowed above ground as a special exception, provided that they
are certified by a Registered Professional Engineer as meeting all of the
following standards.
a.
Aboveground lines and supporting structures shall enter the
Floodplain Zone only to cross a watercourse; shall cross the
watercourse and the Floodplain Zone using the most direct and
shortest route possible consistent with the goals, objectives, purposes,
and intents of this section; shall make the minimum number of
crossings necessary; and shall be designed and installed so as to
minimize or eliminate flood damage.
b.
Aboveground lines shall be elevated so that their lowest portions are a
minimum of 10 feet above the maximum flood elevation.
c.
Supporting structures for aboveground lines within the Floodplain
Zone shall be the minimum number necessary to carry the lines across
the Floodplain Zone. Supporting structures shall be designed and
installed so as to be able to withstand the maximum volume, velocity
and force of floodwaters which can be expected at the point where
they are located.
d.
Facilities and service in the Floodplain Zone shall be designed so that
flood damage within the zone does not disrupt service outside the
zone.
(e)
Culverts, bridges and approaches to public and private culverts and bridges, provided
that the same meet all of the following conditions:
[1]
Review and/or approved by the Lancaster County Planning Commission, if
required.
[2]
Approval by the Susquehanna River Basin Commission, if required.
[3]
Approval by the Pennsylvania Department of Environmental Protection, if
required.
[4]
Approval by the Pennsylvania Department of Transportation (PennDOT), if
required.
[5]
Approval by the United States Army Corps of Engineers, if required.
[6]
If approval by PennDOT is not required, the proposed use must still meet all
of the appropriate minimum design standards of PennDOT.
[7]
The proposed structure must be designed in such a way as to have the capacity
to allow the unrestricted passage of waters of maximum flood elevation below
and through it without any upstream or downstream increase in water surface
elevation.
Standards and Criteria for Special Exceptions: In addition to the provisions of §270-9.1.F, in
hearing and deciding upon special exceptions to be granted or denied under the provisions of
this section, the Zoning Hearing Board shall also determine that the following standards and
criteria have been complied with:
(a)
That danger to life and property due to increased flood heights, velocities or
frequencies caused by encroachments is minimized.
(b)
That the danger that floodwaters or materials may be swept onto other lands or
downstream to cause injury to others is minimized.
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(c)
(3)
That the possibility of disease, contamination and unsanitary conditions is minimized
and, especially, that any proposed water supply or sanitation systems are able to
prevent these problems.
(d)
That the proposed facility needs a waterfront or floodplain location.
(e)
That available alternative locations not subject to flooding for the proposed use do not
exist.
(f)
That the proposed use is compatible with existing and anticipated development.
(g)
That the proposed use is consistent with and any floodplain management program for
the area.
(h)
That the safety of access to the subject property in times of flooding for ordinary and
emergency vehicles will be assured.
(i)
That the expected area, height, depth, velocity, pressure, frequency, duration, rate of
rise, seasonality and sediment, debris and pollutant load of floodwaters expected at the
subject property is not inconsistent with the proposed use.
(j)
That the proposed activity will not unduly alter natural water flow or water
temperature.
(k)
That archaeological or historic sites and structures, endangered or threatened species
of animals or plants, high quality wildlife habitats, scarce vegetation types and other
irreplaceable land uses will not be degraded or destroyed.
(l)
That the natural, scenic and aesthetic values at the subject property will be conserved.
(m)
That a minimum amount of danger, damage and injury to all adjoining properties on
both sides of any watercourse, regardless of municipality, will occur. In this regard,
any proposal affecting an adjacent municipality shall be submitted to that
municipality's planning commission and governing body for review and comment.
(n)
That the susceptibility of the proposed facility and its content to flood damage, the
effect of such damage on the individual owners and the need for and effect of
floodproofing, are minimized.
In hearing and deciding upon special exceptions to be granted or denied under the provisions
of this section, the burden of proof shall be on the applicant. The Zoning Hearing Board may
require the applicant to submit such plans, specifications and other information as it may deem
necessary to assist it in arriving at a fair and impartial determination. Such required
information may include, but is not limited to, the following:
(a)
Plans drawn to scale showing the nature, dimensions, location and elevation of the lot,
existing or proposed structures, fill, storage of materials, floodproofing measures and
the relationship of the above to the location of the channel. No construction,
development, use or activity shall be permitted within any floodway area that would
cause any increase in the one hundred year floodplain elevation.
(b)
A typical valley cross section showing the channel of the watercourse, elevations of
land areas adjoining each side of the channel, cross-sectional areas to be occupied by
the proposed development and high-water information.
(c)
A plan (surface view) showing elevations or contours of the ground; pertinent
structure, fill or storage elevations; size, location and spatial arrangement of all
proposed and existing structures on the subject property; location and elevations of
streets, water supply facilities and sanitary facilities; photographs showing existing
land uses and vegetation upstream and downstream; soil types; and other pertinent
information.
(d)
A profile showing the slope of the bottom of channel or flow line of the watercourse.
(e)
Specifications for building construction and materials, floodproofing, filling,
dredging, grading, channel improvement, storage of materials, water supply facilities
and sanitary facilities.
(f)
Elevation of the one hundred year flood and elevation of the lowest floor (including
basement) of any proposed new structure or improvement to an existing structure.
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(g)
(4)
(5)
All plans and specifications for proposed floodproofing shall be accompanied by a
statement certified by a Registered Professional Engineer or architect which states that
the proposed design and methods of construction are in conformance with the
requirements of this section.
In hearing and deciding upon special exceptions to be granted or denied under the provisions
of this section, the Zoning Hearing Board shall solicit the comments and recommendations of
the East Hempfield Township Planning Commission and any other experts or authorities it
may deem necessary to assist it in arriving at a fair and impartial determination.
In granting any special exception, the Zoning Hearing Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this chapter, as it may deem
necessary to implement the purposes of this chapter.
I.
VARIANCES – Variances from the provisions of this section are discouraged. Where, however, a
variance is essential, the following requirements of the National Flood Insurance Program must be
complied with in addition to all other variance provisions of this chapter and the National Flood
Insurance Program. In all variance proceedings, the burden of proof shall be on the applicant.
(1)
No variance shall be granted for any development, structure, use or activity within the
Floodplain Zone which would cause any increase in flood levels during the one hundred year
flood, as defined herein.
(2)
Variances shall only be granted upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result in exceptional hardship
to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with any other
applicable laws, ordinances or regulations.
(d)
A determination that the grant of a variance will not jeopardize the flood insurance
program of East Hempfield Township.
(3)
Variances shall only be granted upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(4)
Whenever a variance is granted, the Board shall notify the applicant in writing that:
(a)
The granting of the variance may result in increased premium rates for flood
insurance.
(b)
Such variance may increase the risks to life and property.
(5)
The applicant shall be required to submit that information necessary to demonstrate the need
for and appropriateness of any variances. Such information may include any of those items
listed in §270-3.19.H.(3).
(6)
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes of this chapter.
(7)
A complete record of all variance requests and actions, including justifications for granted
variances, shall be maintained by the Board.
J.
PROHIBITED USES: THE FOLLOWING USES ARE PROHIBITED IN THE FLOODPLAIN
ZONE
(1)
All uses not permitted or prohibited either expressly or implicitly in the underlying zone for
the land in question.
(2)
All structures, with the exception of those specifically allowed in Subsections G and H above.
(3)
Sanitary landfills, dumps, junk and salvage yards and outdoor storage of vehicles and/or
materials.
(4)
Placing, depositing and dumping any spoil, fill or solid waste, except such grading, filling or
depositing necessary to accomplish and carry out the permitted uses and uses by special
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
exception specified in Subsections G and H of this section; provided, however, that no
grading, filling or depositing is permitted in the floodway that would cause any rise in flood
heights or frequency.
Removal of topsoil, excluding sod production and nursery activities, as allowed in Subsections
G and H of this section, and except such removal of topsoil as is necessary to accomplish and
carry out the permitted uses and uses by special exception specified in Subsections G and H of
this section; provided, however, that no grading, filling or depositing is permitted in the
floodway that would cause any rise in flood heights or frequency.
Damming or relocation of any watercourse, except as provided for in Subsections G and H
above.
Any parts of any on-site sewage disposal systems.
Swimming pools.
Stockpiling, storage or disposal of buoyant materials, logging slash, herbicides, pesticides,
domestic or industrial waste, radioactive materials, petroleum or other flammable materials,
explosives, poisonous materials, hazardous materials or other materials which, if flooded,
would pollute the watercourse or be injurious to human, animal or plant life.
Cemeteries for Humans or Animals.
Any new or substantially improved structure which will be used for the production or storage
of any of the following materials or substances, or which will be used for any activity
requiring the maintenance of a supply (more than 550 gallons or other comparable volume or
any amount of radioactive substances) of any of the following materials or substances on the
premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine,
hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum
products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulfur and sulfur products,
pesticides (including insecticides, fungicides and rodenticides), radioactive substances, insofar
as such substances are not otherwise regulated, and other substances defined as hazardous
waste under §75.261, Chapter 75, Title 25 of the Pennsylvania Code (DEP's Hazardous Waste
Management Regulations).
Feedlots.
Zoo, menagerie, wild animal farm or domestic or farm animal enclosures which will not allow
all animals to escape floodwaters of maximum flood elevation without human intervention
while remaining safely confined.
The floodproofing of new residential structures, as an exception from the elevation
requirement.
Any development, structure or use which may, whether alone or in combination with others,
and except where specifically authorized elsewhere in this chapter:
(a)
Endanger Human Life.
(b)
Obstruct, impede, retard, change or increase the velocity, direction or flow of
floodwaters.
(c)
Increase the surface elevations of floods or the frequency of floods.
(d)
Catch or collect debris carried by floodwaters.
(e)
Be placed where the natural flow of the stream or floodwaters would carry it
downstream to the damage or detriment of property within or adjacent to the
Floodplain Zone.
(f)
Degrade the water-carrying capacity of any watercourse, channel or floodplain.
(g)
Increase the rate of local runoff, erosion or sedimentation.
(h)
Degrade the quality of surface water or the quality or quantity of groundwater.
(i)
Be susceptible to flotation and subsequent movement which would cause damage to
other property.
(j)
Not be in harmony with the intent and purpose of this section, as set forth in §2703.19.A of this chapter.
Fully and partially enclosed space below the lowest floor (including basement) is prohibited.
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K.
NONCONFORMING USES AND STRUCTURES IN THE FLOODPLAIN ZONE
(1)
Continuation: All uses or structures in the Floodplain Zone lawfully existing on the effective
date of this chapter which are not in conformity with the provisions of this chapter shall be
deemed nonconforming uses or structures. Such nonconforming uses or structures may be
continued, maintained, repaired and floodproofed, except as otherwise provided for in this
section. However, such nonconforming uses or structures may, at any time, be improved to
comply with existing Pennsylvania or East Hempfield Township health, sanitary or safety
code specifications which are solely necessary to assure safe living conditions.
(2)
Abandonment: Nonconforming uses or structures which have been discontinued or vacated for
12 consecutive months shall be considered abandoned. Vacation of land or structures or the
non-operative status of the use normally carried on by the property shall be evidence of
discontinuance. No abandoned use or structure may be reestablished, repaired or reoccupied.
The East Hempfield Township Board of Supervisors may require the removal of any
abandoned nonconforming use or structure upon proper notice to the landowner of the lot on
which an abandoned nonconforming use or structure exists. If the owner has not completely
removed the abandoned use or structure within a reasonable amount of time, not to exceed
nine months, the East Hempfield Township Board of Supervisors shall have the authority to
itself cause the removal to be accomplished, the costs of such removal to be paid by the
landowner.
(3)
Expansion and Modification: A nonconforming use or structure may not be expanded or
modified in any manner which would increase or aggravate flooding or flood hazards. Nothing
shall be done which would otherwise violate any of the provisions of this section. No
nonconforming use or structure shall be expanded, enlarged or altered in any way which
increases its conformity with respect to height, area, yard and other requirements established
in other sections of this chapter, nor in any way which causes it to occupy more space within
the Floodplain Zone than was occupied by it on the effective date of this chapter.
(4)
Replacement/Rebuilding:
(a)
A nonconforming use or structure may be replaced, repaired or rebuilt if it is damaged
or destroyed by any means, including floods, to the extent of less than 50% of its fair
market value at the time of its damage or destruction. In such a case, however, the
nonconformity of the new use or structure with respect to requirements, as expressed
in provisions of this chapter, shall not exceed that of the original use or structure
which was damaged or destroyed. Nothing shall be done which would otherwise
violate any of the provisions of this section.
(b)
A nonconforming use or structure which has been damaged or destroyed by any
means, including floods, to the extent of 50% or more of its fair market value at the
time of its damage or destruction, may not be replaced, restored, repaired,
reconstructed, improved or rebuilt in any way other than in complete conformity and
full compliance with the provisions of this section, all other sections of this chapter
and all other ordinances of East Hempfield Township. The Zoning Hearing Board may
waive, as a special exception, the requirements of this subsection where it is shown
that such requirements could not be met on land owned by the appellant or where such
requirements would impose undue hardship to appellant in the efficient operation of
the premises. In such a case, the Zoning Hearing Board shall be authorized to grant
only the minimum relief necessary and the least modification possible of the
provisions of this section, while respecting and maintaining the purposes and intents
of this section.
(c)
The Zoning Officer shall have the initial responsibility of determining the percent of
damage or destruction and the fair market value of the damaged or destroyed use or
structure at the time of its damage or destruction, and may call on any experts or
authorities he may deem necessary to assist him in arriving at a fair and impartial
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(5)
(6)
L.
determination. Appeals of the decision of the Zoning Officer may be made to the
Zoning Hearing Board.
Historic Structures: The Zoning Hearing Board shall have the right to waive, as a special
exception, any of the requirements of this section and §270-3.19.H for any structure listed on
the National Register of Historic Places or the Pennsylvania Register of Historic Sites and
Landmarks, and the provisions of §270-3.19.F of this chapter shall be applied in such a case.
Uniform Construction Code Coordination: The standards and specifications contained in 34
Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions, shall
apply to the above and other sections and subsections of this chapter to the extent that they are
more restrictive and/or supplement the requirements of this chapter:
(a)
International Building Code (IBC) 2003, or latest edition thereof: Sections 801, 1202,
1403, 1603, 1612, 3402, and Appendix G.
(b)
International Residential Building Code (IRC) 2003, or latest edition thereof: Sections
R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
DESIGN AND PERFORMANCE STANDARDS
(1)
Applicability: Unless otherwise specified in this chapter, the standards and criteria included in
this section are to be used, together with the provisions of all other Sections and all other
ordinances in force in East Hempfield Township, by the Zoning Officer and Zoning Hearing
Board in their administration of this chapter.
(2)
Regulations and Reviews by Other Agencies:
(a)
Where applicable, and where possible, all necessary permits or other written approvals
must be obtained from all other agencies, including permits required by state and
federal laws such as those required by the Pennsylvania Sewage Facilities Act (Act
1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as
amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit
shall be issued until this determination has been made.
(b)
Where necessary permits or written approvals from other agencies cannot be obtained
prior to action by East Hempfield Township, any approvals of plans, special
exceptions, variances or permits by East Hempfield Township or its agencies, officials
or employees shall be conditioned upon receiving such other agencies' permits or
written approval.
(c)
No regulations of the commonwealth governing watercourses are amended or repealed
by this section. Prior to any proposed alteration or relocation of any watercourse, a
permit shall be obtained from the Pennsylvania Department of Environmental
Protection, and notification of any such proposal shall be given to all affected adjacent
municipalities. Copies of such permit, application and municipal notification shall be
forwarded to FEMA and to the Pennsylvania Department of Community and
Economic Development.
(3)
Placement and Construction of Authorized Uses and Structures:
(a)
All uses and structures shall be designed, constructed and placed so as to offer the
minimum obstruction possible to the flow of water and shall be designed to have a
minimum effect upon the flow, velocity or height or floodwaters. Whenever possible,
structures shall be constructed with the longitudinal axis parallel to the direction of
flood flow and, so far as is practicable, structures shall be placed approximately on the
same flood flow lines as those of nearby structures.
(b)
All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage and shall be constructed by methods
and practices that minimize flood damage.
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(c)
(4)
(5)
(6)
(7)
All new or replacement drains, water supply facilities or sanitary sewage facilities
shall be designed to preclude infiltration or backup of sewage or floodwaters into the
facilities or structures and discharges from the facilities into floodwaters.
(d)
All new construction and substantial improvements of permanent nonresidential
structures shall either have the lowest floor (including basement) elevated to one foot
above the one hundred year elevation as defined by §270-3.19.B of this chapter or,
together with attendant utility and sanitary facilities, be floodproofed so that below
one foot above the one hundred year elevation, as defined herein, the structure is
watertight, with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
(e)
All authorized minor improvements or additions to existing residential structures shall,
to the greatest extent possible, be elevated. Any portion of the structure not elevated to
one foot above the one hundred year flood elevation, as defined herein, shall be
floodproofed.
(f)
All new construction and substantial improvements of existing residential structures
shall have the lowest floor (including basement) elevated to one foot above the one
hundred year flood elevation, as defined herein.
Floodproofing: Where floodproofing is authorized by this chapter, it shall be done according
to the standards and provisions for floodproofing classes W-1, W-2, W-3 or W-4, as contained
in the Flood Proofing Regulations published by the Office of the Chief of Engineers, U.S.
Army, publication EP 1165-2-314 (December 1995, and as subsequently amended), where
such standards and provisions do not conflict with other provisions of this chapter. Where
reference is made in the Flood Proofing Regulations to the RFD (regulatory flood datum), it
shall be interpreted to mean the one hundred year flood elevation, as defined herein. The
floodproofing of new residential structures is specifically prohibited.
Anchoring: All structures, including buildings, air ducts, large pipes and storage tanks within
the Floodplain Zone shall be firmly anchored to prevent flotation, movement or collapse, thus
reducing the possibility of the blockage of bridge openings and other restricted sections of the
watercourse.
Surface Drainage: Adequate drainage shall be provided for all new development to reduce
exposure to flood hazards.
Public Utility Facilities and Structures: Public utility facilities and structures (except
buildings) subject to the jurisdiction of the Pennsylvania Public Utility Commission are
requested to comply with the following standards in the interest of achieving the purpose and
intent of this section:
(a)
Public utility facilities and associated structures, such as pipelines, gas lines, storm
sewers, sanitary sewers, waterlines, outlet installations for sewage treatment plants,
sealed public and private water supply wells, pumping stations and underground
communications facilities should, except for necessary vents, be designed and
installed underground so as to be at or below the existing natural surface grade within
the floodplain and in such a manner as will prevent flotation, minimize or eliminate
flood damage and not alter the cross-sectional area of the floodplain. All new or
replacement water supply facilities and/or sanitary sewage facilities should be
designed to minimize or eliminate infiltration of floodwaters into the facilities and
discharges from the facilities into floodwaters. All gas lines should have a system of
shutoff valves for service to the Floodplain Zone to allow positive control during flood
emergencies.
(b)
Public utility electrical transmission lines and supporting structures should be installed
so as to minimize or eliminate flood damage and be installed underground below the
existing natural surface grade within the floodplain. Aboveground electrical
transmission lines should be designed to meet the following standards:
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Page 81
[1]
(8)
Aboveground lines and supporting structures should enter the Floodplain
Zone only to cross a watercourse; should cross the watercourse and the
Floodplain Zone using the most direct and shortest route possible consistent
with the goals, objectives, purposes and intents of this chapter; should make
the minimum number of crossings necessary; and should be designed and
installed so as to minimize or eliminate flood damage.
[2]
Above ground lines should be elevated so that their lowest portions are a
minimum of 10 feet above the maximum flood elevation.
[3]
Supporting structures for aboveground lines within the Floodplain Zone
should be the minimum number necessary to carry the lines across the
Floodplain Zone. Supporting structures should be designed and installed so as
to be able to withstand the maximum volume, velocity and force of
floodwaters which can be expected at the point where they are located.
[4]
Facilities and service in the Floodplain Zone should be designed so that flood
damage within the zone does not disrupt service outside the zone.
Agricultural Standards:
(a)
A filter strip is required between any watercourse and any tilled land. Such strip shall
be a minimum of 15 feet in the width measured from the bank of the watercourse
channel. The filter strip shall be planted and maintained in grass. Any lands within the
Greenway Overlay Zone (see §270-3.17) will utilize riparian buffer standards of the
Greenway Overlay Zone. Riparian buffers may also be utilized voluntarily in any
zone; otherwise the 15 foot buffer applies.
(b)
Within the Floodplain Zone, a cover crop, such as annual rye grass, is required
whenever the land is not being tilled for major crops.
(c)
Livestock shall not be confined in pastures or other enclosures located entirely within
the Floodplain Zone.
(d)
Within the Floodplain Zone, feedlots are prohibited.
M.
MUNICIPAL LIABILITY – The lawful granting of a permit or the making of any other administrative
decision under this section shall not constitute a representation, guarantee or warranty of any kind by
East Hempfield Township, or by any official, agent or employee thereof, of the practicability or safety
of any structure, use or other plan proposed with respect to damage from flood or otherwise, and shall
create no liability upon or a cause of action against such public body, official, agent or employee for
any flood damage that may result pursuant thereto or as a result of reliance on this section. There is
also no assurance that lands not included in the Floodplain Zone are now or ever will be free from
flooding or flood damage.
N.
INCORPORATION OF FLOODPLAIN MAPS – The Flood Insurance Rate Map and the Flood
Boundary and Floodway Map, as per the most recent revision, for East Hempfield Township,
Lancaster County, Pennsylvania, as prepared by FEMA, shall be and constitute a part of the Official
Zoning Map of East Hempfield Township.
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ARTICLE 4
GENERAL PROVISIONS
§270-4.1
APPLICABILITY
The regulations set forth in this Article shall be minimum regulations and shall apply uniformly to each class
of land use or kind of structure. The regulations contained within this Article shall apply to all uses within
East Hempfield Township.
§270-4.2
PROVISIONS FOR ACCESSORY USES AND STRUCTURES CUSTOMARILY
INCIDENTAL TO A PERMITTED USE
These provisions relate to accessory uses and structures that may occur in multiple zones. Accessory use
regulations associated with specific uses and/or zones are provided in Article 5, Specific Use Regulations. The
regulations of Article 5 for specific uses shall take precedence to any conflicting regulation found in this
section. The following accessory uses and structures shall be permitted in accordance with the regulations set
forth in this section.
A.
ACCESSORY REPAIR OF PERSONAL MOTOR VEHICLES
(1)
Within any residential-use zone, the routine maintenance, repair and servicing of personal
motor vehicles, outside of a completely enclosed building, with such vehicles being owned
and/or leased by the person performing such services, is permitted subject to the following
conditions:
(a)
All by-product or waste fuels, lubricants, chemicals, and other products shall be
properly disposed of.
(b)
All such activities shall be conducted at times that do not disturb adjoining residents
as a result of noise, glare, dust, and hazardous waste.
(c)
Such uses must meet all ordinances of the Township including Noise and Burn
ordinances.
(d)
Any such repair activities cannot be conducted as an in-home business.
B.
ADMISSIONS/FEES BOOTH IN PARKING AREAS
(1)
Any booths or other structures used for the collection of admission and/or parking fees shall be
set back and arranged to prevent vehicle back-ups on adjoining streets during peak arrival
periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a
manner to prevent vehicle back-ups on adjoining streets. If, at any time after the opening of
the use, the Township determines that traffic back-ups are occurring on adjoining streets, and
such back-ups are directly related to the means of access to the subject property, the Township
can require the applicant to revise the means of access to relieve the undue congestion
C.
DOMESTIC COMPOST
(1)
The placement of framed enclosure composts as an accessory residential use is permitted,
subject to all accessory use setbacks. Only waste materials from the residential site shall be
deposited within the compost, and in no case shall meat, or meat by-products be composted.
All composts shall be properly maintained so as not to become a nuisance to nearby lots.
D.
DUMPSTERS
(1)
All trash dumpsters shall be located within a side or rear yard.
(2)
Dumpsters shall be screened from adjoining streets and lots in accordance with the screening
requirements of the East Hempfield Township Subdivision and Land Development Ordinance,
as amended.
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Page 83
(3)
Dumpsters proposed in Zones RL, RM, CBC, RBC, C and E shall be completely enclosed
within a masonry or fenced enclosure equipped with a self-latching door or gate.
E.
FARM STANDS: See regulations in §270-5.2.W.
F.
FENCES AND WALLS
(1)
Maximum Height:
Maximum Fencing / Wall Height
Zone
4 feet
RB, RL, RM, C, ROS, VR Front Yard
and VC
A, CBC
ME, RBC, or E
(2)
(3)
(4)
6 feet
Side or Rear Yard
10 feet
Not permitted
Front Yard
Side or Rear Yard
Any Yard
Fences and or walls governed in this section do not apply to municipal facilities, utilities, and
security fencing for necessary building and construction activities.
Location: No fence or wall shall be located within the clear site triangle, as described within
the East Hempfield Township Subdivision and Land Development Ordinance, as amended.
Building Code Conflicts: Should conflicts arise between the Building Code and this section,
the Building Code shall supersede.
G.
GARAGE/YARD SALES
(1)
Frequency and Length of Sale:
(a)
A landowner and/or occupant may conduct up to two (2) garage/yard sales per year.
(b)
No garage or yard sale shall be conducted for a period longer than three (3)
consecutive days.
(2)
Such sales may offer for sale personal possessions; no import or stocking of inventory shall be
permitted.
(3)
Sign requirements shall be in accordance with Article 7, Sign Regulations, herein.
(4)
In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, unless
allowed under an East Hempfield Township permit.
(5)
The conduct of garage sales beyond the extent described herein, on non-residential lots,
represents a commercial business and requires appropriate zoning authorization.
H.
KEEPING OF PETS
(1)
These regulations are designed to prevent the presence of pets from becoming a nuisance or
health hazard due to animal waste, diseases, smells or sounds, but also to prevent negligent pet
owners from amassing a quantity of animals that results in unsafe or unsanitary conditions.
(a)
Working animals that are trained to provide services to humans such as security,
guides for the blind, or medical assistance are exempt from these regulations. Proof of
pet status as a service animal may be required by the Zoning Officer.
(b)
Anywhere pets are kept the entire lot must be kept in a safe and sanitary condition.
(c)
Accumulations of unsanitary animal pens, feed, waste, or bedding is prohibited.
(d)
Pet smells or odors that cross over lot lines or party walls are prohibited.
(e)
Infestations of vermin or insects that pose public health concerns can be cause for the
Township to issue a cease and desist order for the pets.
(f)
Significant loss of grass or vegetative areas due to pets is prohibited.
(g)
Outbuildings used for pets are restricted to accessory structures allowed in the
underlying zone.
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Page 84
(h)
The zoning ordinance places no limit on the number of personal pets that are kept
inside a dwelling as long as all other pet regulations are met. Pets that are allowed
outside or kept outside the dwelling are limited in number to four adult animals.
I.
OUTDOOR PLAY AREAS
(1)
These areas and activities associated with daily care centers, all educational institutions below
college-level, commercial recreation and similar uses shall be in accordance with PA
Department of Education (DOE) policies, as well as the following. Should conflicts arise
between DOE policies and this section, DOE policies shall supersede.
(a)
Off-street parking areas shall not be used for outdoor play areas.
(b)
No areas shall be located or designed so as to disrupt normal activities of adjoining
uses permitted within that zone and /or neighborhood.
(c)
The areas shall be enclosed completely by a minimum four (4) foot high fence or
similar structure.
(d)
The areas shall be screened from adjoining residential uses and/or residential zones in
accordance with the design standards of the East Hempfield Township Subdivision
(e)
All play areas shall have a landscape plan in accordance with the design standards of
the East Hempfield Township Subdivision and Land Development Ordinance as
amended.
(f)
These play areas shall not include vegetation which is poisonous or thorny.
(g)
These play areas shall provide a means of shade, such as shade trees or pavilions.
J.
OUTDOOR STORAGE
(1)
Outdoor storage of parts, equipment, lubricant, fuel or other materials used or discarded as part
of service or repair operations shall be permitted as specifically provided herein.
(a)
All outdoor vehicle repair, storage and/or display areas shall be screened from
adjoining residential dwelling units that were in existence as of the effective date of
this Article and/or residentially-zoned lots and streets.
(b)
The outdoor storage of unlicensed vehicles and/or junked vehicles, boats, machinery,
trucks, trailers, mobile homes and heavy equipment vehicles is prohibited, except in
approved junk yards.
(c)
Demolished vehicles or parts in places other than approved junk yards shall be
removed from the site within two (2) weeks of arrival.
(d)
Any outdoor storage of supplies, materials and products associated with any accessory
business shall be screened from adjoining streets and lots in accordance with §2704.10. Visual Screening/Landscaping standards as well as the East Hempfield
Township Subdivision and Land Development Ordinance, as amended.
(2)
Outdoor storage of recreational vehicles, boats, campers, trailers and trucks upon lots
containing or adjacent to residential dwellings is prohibited except for the following instances:
(a)
For purposes of this section, recreational vehicles, travel trailers, boats (including
trailers) and other trailers used solely for the transport of residents' recreational
vehicle(s) are divided into two separate categories, Type 1 and Type 2 recreation
vehicles, as defined in Article 2 herein.
(b)
Upon any lot used principally for a single-family detached dwelling or an adjacent lot
owned by the same landowner as the dwelling lot, the outdoor storage of recreational
vehicles, travel trailers, trucks, boats, and trailers used solely for the transport of the
residents' recreational vehicle(s) is permitted only according to the following
requirements.
[1]
The temporary parking of one Type I or Type II vehicle for periods not
exceeding seventy-two (72) hours during any seven (7) day period is
permitted on a paved or gravel surface in any yard, so long as the vehicle is
Revised 1/17/14
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Page 85
(c)
(d)
K.
set back no less than ten (10) feet from any street right-of-way, and five (5)
feet from adjoining lot lines.
[2]
Storage of Type I vehicle. The storage of one Type I vehicle shall be
permitted per lot behind the setback line, so long as the vehicle is set back no
less than five (5) feet from any adjoining lot line.
[3]
Storage of Type II vehicle. The storage of one Type II vehicle on a
residentially-zoned parcel, or a parcel used for a principal residence, is
permitted, subject to the following requirements.
a.
For developments consisting of more than twenty (20) single-family
semi-detached dwellings, townhouses, multi-family dwellings, or any
combination thereof, a common storage area for such vehicles shall be
provided at a minimum rate of one hundred (100) square feet per
dwelling unit. Such common storage area shall be designed according
to the design standards required for off-street parking lots.
b.
In no case shall the vehicle occupy more than a three hundred twenty
(320) square foot space, as measured to the vehicle's outermost edges,
nor exceed a height of thirteen (13) feet, as measured from the ground
to the highest point of the vehicle's main body. Vehicle height shall
not be measured on vehicle accessories (e.g., air conditioners, vents,
hatches, antennas, masts, out rigging fishing poles, etc.), but will be
measured to the highest point of any fly bridge or other boat console.
c.
No vehicle shall be stored in front of the setback line. On vacant lots,
the vehicle must be stored behind the required front yard setback line,
as specified for principal uses.
d.
Screening as required in §270-4.10 shall be provided along any side
and rear lot lines:
1.
Such screening shall not extend into the required front yard.
2.
Screening shall not be required along a common side lot line
when the landowner resides on one (1) lot, and stores the
vehicle on an adjacent vacant lot that he owns.
3.
One ten (10) foot wide break in required screening may be
provided along one (1) rear or side lot line for vehicular
access onto an adjoining alley.
All areas used for the storage of vehicles shall be maintained so as to keep vegetation
properly trimmed and debris or litter disposed of regularly.
[1]
All vehicles shall maintain required licensure and prevent the leakage of fuels
and/or lubricants into the ground;
The storage or parking of any commercial truck upon any residentially-zoned lot used
principally for residential purposes, or upon any public rights-of-way, is permitted for
periods not to exceed five (5) consecutive business days.
[1]
For purposes of this section, commercial trucks shall include those that exceed
a gross vehicle weight (truck plus payload) of ten thousand (10,000) pounds.
[2]
In addition, the parking or storage of any trailer other than that accessory to a
principal residential use is expressly prohibited on any residentially zoned lot,
a lot used principally for residential purposes, or any public right-of-way.
OUTDOOR SPORT COURTS (PERSONAL)
(1)
All personal outdoor sport courts shall include an open mesh permanent fence ten (10) feet in
height and at least ten (10) feet outside the court playing surface to enclose the entire court.
Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining lot.
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Page 86
L.
OUTDOOR STOCKPILING
(1)
In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in
the front yard.
(2)
In any residential zone, the outdoor stockpiling of materials (except firewood) for more than
one (1) year is prohibited.
M.
SATELLITE DISH ANTENNAS
(1)
Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite
dish antenna located within the A, H, RL, RM, VR and CBC Zones shall be used only to
receive signals, not transmit them. All ground-mounted satellite dish antennas located within
the CBC, RBC, C, E and ME Zones that are used to transmit video format data shall be
completely enclosed by an eight (8) foot high non-climbable fence that includes signage
warning of dangerous radiation levels. Any gates within the fence shall be locked when
unattended. Satellite dish antennas within the CBC, RBC, C, E and ME Zones shall comply
with all principal use standards.
N.
SHEDS
(1)
Sheds over 120 square feet must obtain a zoning permit and comply with the lot coverage
requirements of the zone. Any shed that is over 400 square feet will require a building permit
and a stormwater management review.
(2)
Sheds are only allowed within side or rear yards.
(3)
All sheds shall be set back at least 3 feet from lot lines.
(4)
All sheds must be made from materials that are compatible with the neighborhood that they
will be located within. Re-purposed containers or structures including but not limited to
storage portions of trucks or trailers, recreational vehicles, mobile homes, and construction
trailers will not be permitted to be used as a shed in any zone except for the A Zone and the
ME Zone.
O.
SWIMMING AND WADING POOLS
(1)
Swimming and wading pools shall be permitted in all zones (excluding ME) in accordance
with the following requirements:
(a)
Fencing: All swimming pools shall be completely enclosed by a minimum four (4)
foot high fence or wall with a self-closing and lockable gate; however, this does not
apply to above-ground pools having a wall measuring four (4) feet in height and
having a retractable ladder. Such fence or wall shall be erected before any pool is
filled with water.
(b)
Setbacks: All pools must be set back at least ten (10) feet from all lot lines.
(c)
Pool water discharge. De-chlorinated water may be discharged onto any public street
or alley or, preferably, an approved stormwater management facility.
(d)
These requirements shall not apply to man-made ponds, lakes or other impoundments,
unless the primary purpose for their construction is swimming.
P.
TEMPORARY USE
(1)
All tents, parking lots, roadside or vacant lot sales, and all temporary stand-alone food vendors
(not part of a larger event) will require a temporary use permit. Permit requests must include:
(a)
Written permission from the landowner for the use of the site.
(b)
A copy of the user’s liability insurance certificate.
(c)
A plot plan or drawing of how the proposed use and parking will be set up on the site.
(d)
A completed Township use and occupancy application.
(e)
Proof of compliance with all state and federal regulations for that use.
(2)
A temporary use application can be denied for lack of information or if the site or use is
deemed unsafe or illegal by the Township.
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(3)
(4)
(5)
(6)
(7)
(8)
§270-4.3
All parking for the temporary use shall be located outside of the street right of way. Parking
shall be provided with safe ingress-egress and vehicle circulation. Vehicles are not permitted
to back out directly onto Township and/or state streets.
Emergency structures or trailers for housing, portable offices, construction or other time
sensitive temporary structures may be granted a six (6) month temporary permit by the Zoning
Officer. Permits beyond six months require a special exception from the Zoning Hearing
Board.
Except as noted in §270-4.2.P(4), all temporary use permits shall expire after ninety (90) days.
All facilities related to the temporary use shall be removed from the site prior to the expiration
of the temporary use permit.
Temporary uses, other than those needed for emergency structures or trailers for housing,
portable offices, construction or other time sensitive temporary structures shall:
(a)
Not be greater than 600 square feet of floor area;
(b)
Be portable and removed at the end of the permitted time;
(c)
Be located at least 30 feet from the street right of way line; and
(d)
Have a maximum of two (2) signs which shall not exceed a total sign area of 15
square feet nor exceed a maximum height of 15 feet.
Temporary organizational or family social functions, community or organizational fairs, flea
markets, fund raisers, or sporting events may require permits. Applicants for such events are
encouraged to contact the Township prior to the event to verify if a permit is required.
HEIGHT LIMIT EXCEPTIONS
A.
Except as required by §270-3.16, height regulations do not apply to the following structures or
projections, provided such structures or projections are set back a horizontal distance at least equal to
their height from any lot line:
(1)
Water towers, antennas, utility poles, smokestacks, steeples, chimneys, farm silos, windmills,
flagpoles, or other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating
fans, and other mechanical appurtenances; and,
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five (5) feet
above the roof line.
B.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for
the purpose of providing additional floor space for residential, business, civic or social use purposes.
C.
No dwelling shall be less than one (1) story in height, except during a reasonable period of
construction not to exceed a twenty-four (24) month period from the date of issuance of the zoning
permit. This time period may be extended by the Zoning Hearing Board.
D.
In no case shall any freestanding or rooftop structure or projection exceed one hundred fifty (150) feet
in height.
E.
All freestanding or rooftop structures or projections located within the AHO Zone shall adhere to the
height limitations of the AHO Zone unless the applicant obtains a permit and/or variance in
accordance with §270-3.16.
F.
Medical hospitals, medical facilities and continuing care facilities are permitted to reach a maximum
building height of 90 feet.
§270-4.4
BUSINESS OPERATION STANDARDS
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Each business structure or use shall meet the following performance standards:
A.
All business operations shall be in compliance with any and all Commonwealth of PA and/or federal
government regulations.
B.
ENCLOSURE – All manufacturing or processing activities shall be completely enclosed in buildings,
except as provided by conditional use.
C.
OUTDOOR STORAGE – Junk, salvage, auto wrecking and similar operations shall be fenced,
screened or limited in height so as to block substantially any view of such material from any point
located on an abutting street or from any point less than eight feet above grade within any abutting
residential or commercial zone. However, this Section shall not be deemed to require more than an
opaque fence or screen not more than ten feet in height and not longer than the full perimeter of the
subject development site, and further provided such screening may be reduced in height so as to avoid
shading a solar collector on adjoining lot. No outdoor storage of materials which could be blown into
the air or strewn about by wind shall be permitted.
D.
LOADING – Truck loading and unloading operations shall take place entirely within the site and shall
not be so located as to interfere with pedestrian routes.
E.
FIRE HAZARD – No operation shall be established which fails to meet the fire code and any
applicable state or federal codes.
F.
NOISE – Noise shall be muffled as available technology permits so as to not be objectionable due to
intermittence, beat frequency or shrillness and shall meet all state and local standards.
G.
SEWAGE AND LIQUID WASTE – All operations shall comply with any applicable regulations of
state or federal agencies responsible for pollution control. No wastes of a chemical, organic or
radioactive nature shall be injected or buried in the ground or stored in the open on the surface except
in approved containers.
H.
ODOR – The emission odors that are generally agreed to be obnoxious to any considerable number of
persons is prohibited. Observations shall be made at the lot line of the establishment generating the
odors. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen
sulfide, fermentation and rendering processes, are objectionable while odors associated with baking,
coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors the open air
cooling of products with aromatic emissions shall be avoided. Floors, machinery storage containers
and other surfaces shall be clean of material which is potentially odor causing.
I.
VIBRATIONS – All machines shall be mounted so as to minimize vibration. Vibration shall not be so
excessive as to interfere with business operations on nearby premises.
J.
GLARE AND HEAT – All glare and heat producing operations, such as welding arcs and open
furnaces, shall be shielded so that they are not visible from the lot line and surfaces near the glare
source shall be of a type which will minimize the reflection of such glare beyond the lot line. No heat
from equipment or furnaces shall raise the temperature of materials or ambient air at the lot line more
than three degrees Fahrenheit.
K.
INTERPRETATION – Whenever it cannot be decided by reasonable observation that a performance
standard is being met, it shall be the responsibility of the operator of the use to supply evidence or
engineering data to support the contention that a standard is being met. The standards are designed,
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except where referring to other codes, to be judged by ordinary human senses and not by the minute
detail of scientific quality instruments.
§270-4.5
ON LOT SEWAGE DISPOSAL SYSTEMS
All uses requiring on lot septic systems shall comply with the East Hempfield Township On Lot Sewage
System Ordinance as well as regulations set forth by the Pennsylvania Department of Environmental
Protection.
§270-4.6
OPERATIONS AND PERFORMANCE STANDARDS
All uses proposed within East Hempfield Township shall operate in compliance with applicable state and
federal regulations, as they are periodically amended. The following lists known governmental regulations
associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction
over uses within the Township, but is merely provided for information to applicants and landowners.
A.
B.
NOISE POLLUTION AND VIBRATION – “Rules and Regulations” of the Pennsylvania Department
of Environmental Protection.
AIR POLLUTION, AIRBORNE EMISSIONS AND ODER – “Rules and Regulations” of the
Pennsylvania Department of Environmental Protection.
C.
WATER POLLUTION – The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. §691.1 et seq., as
amended.
D.
MINE RECLAMATION AND OPEN PIT SETBACK – Pennsylvania Act No. 1984-219, the
“Noncoal Surface Mining Conservation and Reclamation Act,” 52 P.S. §3301 et seq.
E.
GLARE AND HEAT – “Rules and Regulations” of the Pennsylvania Department of Environmental
Protection.
F.
HANDICAP ACCESS – The latest version of the Americans With Disabilities Act.
§270-4.7
PERMANENT/TEMPORARY OCCUPANCY REQUIREMENTS
No persons or family shall be allowed to permanently reside within any tent, travel trailer, bus, boat, camper,
or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be
permitted within an approved campground or for periods of up to fourteen (14) days in any calendar year on
the lot of a friend or relative. If longer time is needed, a written request including the additional time needed
and justification for additional time shall be provided to the Zoning Officer for review.
§270-4.8
SETBACK MODIFICATIONS
A.
FRONT SETBACK OF BUILDINGS ON BUILT-UP STREETS – Where at least two (2) adjacent
buildings within one hundred (100) feet of a lot are set back a lesser distance than required, the
average of the lesser distances becomes the required minimum front setback for the lot.
B.
RAIL ACCESS – Where rail is accessible and necessary to conduct normal business operations,
buildings or facilities may be located within a setback area.
C.
ACCESSORY OR APPURTENANT STRUCTURES SETBACKS
(1)
Accessory structures are permitted no closer than 3 feet to the side or rear lot lines, unless
specified in applicable zone design standards.
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(2)
(3)
Accessory structures shall not be located within the front yard.
Setback modifications herein do not apply to:
(a)
Bus shelters, telephone booths, cornices, eaves, chimneys, steps, canopies and similar
extensions, but do apply to porches and patios whether covered or not;
(b)
Open fire escapes;
(c)
Minor public utility structures, sections of ornamentation or decoration; and,
(d)
Fences, hedges and retaining walls.
D.
AGRICULTURAL SETBACK REQUIREMENTS – No dwelling unit shall be located within three
hundred (300) feet of an existing building housing livestock or an existing manure storage area that is
in separate ownership. In addition, no shrub or tree shall be planted within twenty (20) and thirty (30)
feet, respectively, of any lands used for agricultural purposes. All shrubs and trees on lots used
primarily for residential purposes must be trimmed to prevent encroachment onto adjacent agricultural
cropland.
E.
AGRICULTURAL DISCLAIMER – When a residential development is proposed adjacent to actively
farmed land, the following statement shall be noted on the plans and on each property deed contained
in the development: “This property abuts or is in proximity to an active agricultural or farming
operation which is a permitted zoning use. Agricultural operations sometimes emit noise, run-off,
odor, dust or chemical spray drift during either the day or night that are annoying or irritants to some
people.”
§270-4.9
VEHICLE ACCESS, REQUIRED
Each lot to be created and each principal structure erected or moved shall be on a lot which directly abuts a
public street, a street proposed to be dedicated to East Hempfield Township by the subdivision plan which
created or creates such lot, or a private street.
§270-4.10
A.
VISUAL SCREENING/LANDSCAPING
GENERAL PURPOSE AND STANDARDS – This section prescribes the type and location of
landscaping that is required for each land use listed in this section. The actual design of landscape,
plantings, berms, and features described in this section are governed by the landscape requirements of
the East Hempfield Township Subdivision and Land Development Ordinance.
(1)
Plan Submission: When a land development or subdivision plan is required for any use the
landscaping requirements set forth in the East Hempfield Township Subdivision and Land
Development Ordinance will take precedence.
(2)
Plantings: The type(s) of plantings shall be limited to species that will not create conditions
hazardous to the public safety within public street rights-of-way, underground and
aboveground utilities, and clear sight triangles including at all intersections of streets and/or
driveways. Such hazards shall include but not be limited to: dead, diseased or low hanging
branches; poisonous or toxic plants; and plants with thorns, nettles and spikes.
(3)
Landscape Plan Types: The Landscape Plan shall not necessarily be to scale, but shall be a
reasonable representation of the site. It shall contain the following information and shall meet
the requirements of this Section.
(a)
Buffer Planting Strip A – provides minimal screening through the use of trees.
(b)
Buffer Planting Strip B – provides enhanced screening through the use of trees and
shrubs or other structural elements.
(c)
Buffer Planting Strip C – provides maximum screening through the use of dense
planting of trees and shrubs or other structural elements.
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(4)
Adjacent Land Use Requirements: Landscaped buffer strips shall be planted or placed between
the uses indicated on the following matrix which references the three (3) types of buffers listed
in section (3) above:
ADJACENT LAND USE REQUIREMENTS
ZONES
Proposed Use Type
VR, RL, RM
VC, CBC, RBC, C
Adult Business Uses
n/a
n/a
Business Uses
C
n/a
Communication Tower
B
A
Place of Worship
A
A
Industrial
C
C
Civic/Social
A
A
A
B
Outdoor Storage
C
B
(5)
(6)
§270-4.11
ME, E
C
B
n/a
A
A
A
B
n/a
Site Element Screens: At a minimum screening shall be provided for the following business,
civic, and social use site elements when these elements are adjacent to a residential use or are
visible from a public street.
(a)
Ground-mounted electrical, mechanical, and utility equipment larger than 25 square
feet, loading areas, outdoor storage of less than 2,000 square feet, and trash
receptacles/dumpsters.
(b)
Screening shall consist of evergreen plants, fencing, walls or other treatments that will
block the view of the site element from view to a height of 6 feet.
(c)
Screening may be eliminated if structural screen walls are utilized that completely
screen the height, width, and depth of the site elements listed in 5(a) above.
Parking Lot Landscaping: Parking lots within or adjacent to a residential use shall have
perimeter landscaping that limits or shields headlight glare onto the residential use.
WASTE PRODUCTS
Waste and recycling receptacles shall be required and permitted subject to the regulations and design criteria of
the East Hempfield Township Subdivision and Land Development Ordinance, as amended for screening and
enclosure.
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ARTICLE 5
SPECIAL USE REGULATIONS
§270-5.1
APPLICATION OF USE REGULATIONS
A.
In addition to the criteria for uses within the underlying zones and General Provisions established in
Articles 3 and 4, this Article sets forth standards that shall be applied to each category of use identified
herein, regardless of their classification as permitted, special exception or conditional use.
(1)
The criteria for Special Exception and Conditional Uses in this Article shall be in addition to
the general criteria for Special Exception and Conditional Uses set forth in Article 9,
Administration and Enforcement, as applicable.
(2)
The applicant shall be responsible for providing evidence and demonstrating compliance with
all applicable standards.
(3)
The standards of this Article must be satisfied before approval of any application for a Special
Exception or Conditional Use or Zoning Permit, as applicable and in accordance with Article
9, herein.
B.
All uses identified in this Article must comply with the regulations for the zone in which the use is to
be located; unless different or inconsistent standards are established by this Article, in which case the
standards in this Article shall take precedence.
§270-5.2
ADDITIONAL USE REGULATIONS FOR SPECIFIC USES
The following categories of uses require regulations due to their potential community impact and development
styles.
A.
ACCESSORY DWELLING UNITS
(1)
Accessory dwelling units shall meet applicable zone requirements for setbacks, height,
coverage, and lot width.
(2)
Shall conform with on-lot sewage disposal system requirements: see regulations in §270-4.5.
(3)
Shall not exceed forty (40%) percent of the total square footage of the primary structure.
(4)
Limit one accessory dwelling unit per lot.
(5)
Must meet all other single-family detached dimensional requirements of the zone.
(6)
Landowner of lot must maintain principal residency in either the primary structure or
accessory dwelling unit.
(7)
The total number of occupants in both primary residence and the accessory dwelling unit
combined may not exceed the maximum number established by the definition of family.
(8)
Accessory dwelling unit shall be architecturally consistent with the primary structure.
(9)
A building permit for an accessory dwelling unit must be approved and issued prior to its
construction.
(10)
A minimum of one (1) off-street parking space shall be provided in addition to the off-street
parking spaces required for the principal dwelling unit(s).
B.
ADULT BUSINESSES
(1)
An adult business shall not be permitted to be located within one thousand (1,000) feet of any
other adult-related facility.
(2)
No adult business shall be located within one thousand (1,000) feet of any existing residence
or any residentially-zoned land.
(3)
No adult business shall be located within one thousand (1,000) feet of any parcel of land
which contains any one or more of the following specified land uses:
(a)
Amusement Park
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(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
C.
AGRITOURISM
(1)
Agritourism businesses located in appropriately designated zones shall meet applicable
(2)
(3)
(4)
(5)
(6)
(7)
D.
(b)
Camp (for Youth Activity)
(c)
Day Care Services, Family and Commercial
(d)
Community Activity Building
(e)
Place of Worship
(f)
Museum
(g)
Park
(h)
Playground
(i)
School
(j)
Other lands where minors congregate
The distance between any two adult entertainment businesses shall be measured in a straight
line, without regard to intervening structures, from the closest point on the exterior lot line of
each business. The distance between any adult entertainment business and any land use
specified above shall be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior lot line of the adult business to the closest point on the
lot line of said land use.
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the
premises of the adult business shall be exhibited or displayed outside of a building or
structure.
Any building or structure used and occupied as an adult business shall be windowless, or have
an opaque covering over all windows or doors of any area in which materials, merchandise, or
film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible
from outside of the building or structure.
No sign shall be erected upon the premises of the adult business pictorially depicting or giving
a visual representation of the type of materials, merchandise or film offered therein.
Each entrance to the adult business shall be posted with a notice specifying that persons under
the age of eighteen (18) years are not permitted to enter therein and warning all other persons
that they may be offended upon entry.
No adult business may change to another adult business, except upon receiving conditional use
approval for the new use.
The use shall not create an enticement for minors because of its proximity to nearby uses
where minors may congregate.
No unlawful sexual activity or conduct shall be permitted.
No more than one adult business may be located within one building or shopping center.
zone requirements for setbacks, height, coverage, and lot width.
Any outdoor storage of supplies, materials and products shall be screened from
adjoining streets and lots. The display of farm equipment for sale shall be excluded
from this provision.
All areas open to the public shall be kept clean from debris and other visitor trash.
Visitor/customer hours are limited to dawn to dusk.
Agritourism businesses are limited to businesses which are incidental to the
agricultural operation on the lot.
All new applications for an agritourism business shall provide a traffic impact
assessment.
A lighting plan shall be approved by the Township.
ALTERNATIVE ENERGY SYSTEMS (PRINCIPAL AND ACCESSORY) – Alternative energy
systems include the following accessory and principal uses: solar energy systems, methane digester
systems, and wind energy conversion systems.
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(1)
Solar Energy Systems:
(a)
Accessory Solar Energy Systems: Accessory systems are permitted in all zones
subject to the regulations below:
[1]
A solar energy system shall be considered accessory only if it supplies
electrical or thermal power primarily for on-site use, except that net metering
shall be permitted per state law.
[2]
The owner of the accessory alternative energy source shall provide written
confirmation that the public utility company has been informed of the
customer’s intent to install an interconnected customer-owned generator and
that such connection meets applicable state and federal regulations. Off-grid
systems shall be exempt from this requirement.
[3]
To the greatest extent feasible, accessory solar energy systems shall be roofmounted, or located on an existing impervious surface. The applicant must
demonstrate that roof mounting is infeasible prior to any application for a
ground-mounted system.
[4]
When accessory ground-mounted systems are permitted, such system shall
meet the following:
a.
No ground-mounted system shall be located in a front yard of any
zone, except on farm parcels in the A Zone, where ground-mounted
systems may be located in a front yard, but shall be setback a
minimum of twenty-five (25) feet from the street line;
b.
Ground-mounted systems shall meet the side and rear setbacks for the
underlying zone.
c.
The surface area of a ground-mounted system including all mounting,
collection, and distribution equipment shall be calculated as part of
overall lot coverage.
d.
Ground-mounted systems shall not exceed the maximum building
height in the applicable zone.
[5]
Roof-mounted systems shall not extend beyond the roof line.
[6]
All power transmission lines from a solar energy system to any building shall
be located underground.
a.
Falling of healthy, mature trees in order to provide solar access is
strongly discouraged.
b.
Accessory solar energy systems shall meet the General Requirements
listed in §270-5.2.D.(1)(c).
(b)
Principal Solar Energy Systems: Where a principal solar energy system is permitted,
the applicant shall demonstrate compliance with the following:
[1]
Principal solar energy systems shall be subject to the maximum height
requirements of the underlying zone. The applicant shall provide a Summary
of Operations to the Township at the time of the special exception hearing.
Such summary shall include, but not be limited to: approximate generating
capacity of the solar energy system; approximate number, representative
types, and dimensions (including height when installed) of the PV panels and
racking/mounting system; approximate location and arrangement of the PV
modules and arrays on the site; approximate description, dimensions, and
location of all ancillary equipment, buildings and structures, including all
distribution or transmission lines.
[2]
All solar panels, equipment and accessory structures shall be enclosed by a
fence, barrier or other appropriate means to prevent unauthorized persons or
vehicles from entering that area of the lot. Such fencing shall be a minimum
of eight (8) feet high. Clearly visible, warning signs shall be placed around the
perimeter of the lot and at the facility entrance to inform individuals of the
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(2)
potential voltage hazards. Facilities shall not have any artificial lighting
beyond that required by any applicable federal or state laws.
[3]
In order to determine that a proposed use or activity complies with the above
standards, the Township may, at the expense of the applicant:
a.
Require the submission of impartial expert opinions or judgments
from official agencies or private consultants.
b.
Require the submission of written assurances from the applicant.
c.
Require compliance with certain tests or provision of whatever
safeguards may be considered necessary.
d.
All principal solar energy systems shall meet the General
Requirements below.
(c)
General Requirements:
[1]
No signage or advertising shall be permitted on any part of the solar energy
system.
[2]
Solar panels shall be located in a manner that will prevent glare toward
adjacent dwellings and structures, as well as toward any oncoming traffic.
[3]
The design of the solar energy system shall conform to applicable industry
standards. As applicable, the applicant/owner shall submit certificates of
design compliance obtained by the equipment manufacturers from
Underwriters Laboratories (UL), Institute of Electronics and Electronics
Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), ETL
Testing Laboratories, Florida Solar Energy Center (FSEC), or other similar
certifying organization.
[4]
Decommissioning of Solar Energy System: The applicant/owner shall sign an
agreement stating that when all reasonable uses of the panels are no longer
necessary, they will be promptly removed at the expense of the
applicant/owner. The agreement shall be written in language acceptable to the
Township and shall, at the request of the Township, include a bond for
estimated expenses of removal. Decommissioning shall include removal of
all systems, equipment, buildings, cabling, electrical components, foundations
and other associated facilities.
Methane Digester Systems: Principal and accessory methane digester systems are permitted as
a conditional use only for agricultural farming operations and are subject to the following:
(a)
A traffic impact study analysis shall be provided, in accordance with the East
Hempfield Township Subdivision and Land Development Ordinance, as amended.
(b)
The applicant shall address and document performance standards for siting to
minimize impacts on neighboring lots, which shall include considerations of odor,
prevailing wind patterns, proximity to non-agricultural lots, operational noise and
specific hours of operation.
(c)
Systems shall be designed and constructed in compliance with the guidelines outlined
in, “Manure Management for Environmental Protection,” Bureau of Water Quality
Management Publication Afa 43, and any revisions, supplements and successors
thereto, from the PA Department of Environmental Protection (DEP).
(d)
Systems shall be designed and constructed in compliance with all applicable local,
state and federal codes and regulations, and evidence of all such approvals shall be
included with the application.
(e)
A certified professional, qualified to do such, shall furnish and explain all details of
construction, operation, maintenance and necessary controls related to the system.
(f)
The applicant shall provide either: 1) a letter from the Lancaster County Conservation
District (LCCD) stating it has reviewed and approved the applicant’s system design
and that all regulations and requirements of the PA Manure Management Program
have been satisfied; or, 2) submit a letter from the LCCD stating it will not review the
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(3)
plan or that no review is required under applicable ordinances; or, 3) submit evidence
that such a letter has been requested and the LCCD has failed to respond.
(g)
Except as otherwise provided for under the provisions of the PA Nutrient
Management Act, no underground storage, in-ground storage, trench silo, earthen
bank, stacking area or above-ground storage facility related to the system shall be
located within fifty (50) feet of any side lot line; seventy-five (75) feet of any rear lot
line; one hundred fifty (150) feet from any residential structure other than that of the
owner; and one hundred (100) feet from any public street right-of-way. There shall be
no discharge of any type of runoff into such street right-of-way.
Wind Energy Conversion System (WECS):
(a)
Accessory Wind Energy Conversion System (WECS): Accessory wind energy
systems are permitted in all zones subject to the following:
[1]
A wind energy system shall be considered accessory only if it supplies power
primarily for on-site use, except that net metering shall be permitted per state
law.
[2]
The owner of the accessory WECS shall provide written confirmation that the
public utility company has been informed of the customer’s intent to install an
interconnected customer-owned generator and that such connection meets
applicable state and federal regulations. Off-grid systems shall be exempt
from this requirement.
[3]
An accessory wind energy conversion system shall be setback from all lot
lines a distance equal to the height of the structure.
[4]
Wind energy generation shall be limited to one (1) wind turbine per lot.
[5]
All moving parts of a wind turbine shall be a minimum of ten (10) feet above
the ground.
[6]
All on-site utility and transmission lines shall be located underground.
[7]
Any accessory equipment building shall have a maximum area of 250 square
feet and shall comply with the accessory building requirements of §270-4.3.A,
§270-4.6 and §270-4.8.
[8]
Wind energy systems shall meet the General Requirements in §2705.2.D.(3)(c) below.
(b)
Principal Wind Energy Conversion System (WECS):
[1]
All principal wind energy conversion systems shall meet the applicable
setback regulations of the underlying zone.
[2]
The minimum height of the lowest position of the wind turbine shall be thirty
(30) feet.
[3]
Turbines shall be equipped with an anti-climbing devise or similar protective
device to prevent unauthorized access. Access doors to the wind energy
system and electrical equipment shall be locked to prevent unauthorized entry.
[4]
All associated mechanical equipment and accessory structures shall be
enclosed by a fence, barrier or other appropriate means to prevent
unauthorized persons or vehicles from entering that area of the lot. Such
fencing shall be a minimum of eight (8) feet high.
[5]
Clearly visible, warning signs shall be placed around the perimeter of the lot
and at the facility entrance to inform individuals of the potential voltage
hazards.
[6]
In order to determine that a proposed use or activity complies with the above
standards, the Township may, at the expense of the applicant:
a.
Require the submission of impartial expert opinions or judgments
from official agencies or private consultants.
b.
Require the submission of written assurances from the applicant.
Revised 1/17/14
Article 5
Page 97
c.
(c)
E.
Require compliance with certain tests or provision of whatever
safeguards may be considered necessary.
[7]
All principal wind energy systems shall meet the General Requirements in
§270-5.2.D.(3)(c) below.
General Requirements:
[1]
No wind turbine shall be placed in a required setback.
[2]
Wind turbines shall be set back from all lot lines a distance at least equal to
the height of the turbine.
[3]
Wind turbines shall not be illuminated except as otherwise required by law.
[4]
There shall be no antennae, advertising, or other items or material affixed or
placed on any component of a wind energy system, except those required for
safety or identification of the manufacturer.
[5]
The design of wind energy systems shall use materials, colors, textures,
screening and landscaping that will blend components of the system into the
natural setting and existing environment.
[6]
The design of the wind energy system shall conform to applicable industry
standards, such as, but not limited to: National Standards Institute (ANSI),
Underwriters Laboratories (UL), American Society for Testing and Materials
(ASTM) or other similar certifying organizations. The manufacturer’s
specifications shall be submitted as part of the application.
[7]
A site plan shall be prepared and certified by a Registered Professional
Engineer and submitted as part of the special exception application. In
addition to the other requirements of this Section, the site plan shall contain
the following.
a.
Property boundaries and identification of neighboring landowners.
b.
The location of all man-made structures on the lot, as well as all manmade structures within one hundred (100) feet of any proposed wind
turbine.
c.
All wires and overhead structures, both natural and man-made.
d.
Complete structural and engineering details, including narrative
descriptions, demonstrating how the foundation, support and other
parts of the wind energy system will be constructed, installed, and
maintained.
e.
Information regarding the speed of operation and braking mechanism.
No wind turbine shall be permitted that lacks an automatic braking,
governing, or feathering system to prevent uncontrolled rotation,
over-speeding, and/or excessive pressure on the turbine or any of its
parts.
[8]
Decommissioning of Wind Energy System: The applicant/owner shall sign an
agreement stating that when all reasonable uses of the panels are no longer
necessary, they will be promptly removed at the expense of the
applicant/owner. The agreement shall be written in language acceptable to the
Township and shall, at the request of the Township, include a bond for
estimated expenses of removal. Decommissioning shall include removal of
all systems, equipment, buildings, cabling, electrical components, foundations
and other associated facilities, and the restoration and re-vegetation of the
area.
AMUSEMENT, FITNESS, AND ENTERTAINMENT BUSINESSES
(1)
If the subject property contains more than two (2) acres, it shall front on and have direct access
onto an arterial or collector street.
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Article 5
Page 98
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Off-street parking shall be provided as required by the combination of elements comprising
the club, fields, pool, etc. including accessory uses. Parking lots shall be set back thirty (30
feet from any adjoining residential lots.
All outdoor recreation facilities shall be set back at least fifty (50) feet from the street right-ofway line, and twenty-five (25) feet from all other lot lines, and one hundred (100) feet from
any residentially-zoned lots.
The applicant shall furnish expert evidence that all lighting or outdoor recreating areas has
been arranged to prevent glare on adjoining lots and streets.
The applicant shall prepare a visual screening and landscape plan in accordance with §2704.10. Noise ordinance regulation shall apply (§170-6).
The applicant shall furnish expert evidence that the proposed use will comply with all
municipal ordinances and will not be detrimental to the use of adjoining lots due to hours of
operation, noise, light, litter, dust and pollution.
Parking and sign regulations in Articles 7 and 8 shall apply.
Any booths or other structures used for the collection of admission and/or parking fees shall be
set back and arranged to prevent vehicle back-ups on adjoining streets during peak arrival
periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a
manner to prevent vehicle back-ups on adjoining streets. If, at any time after the opening of
the use, the Township determines that traffic back-ups are occurring on adjoining streets, and
such back-ups are directly related to the means of access to the subject property, the Township
can require the applicant to revise the means of access to relieve the undue congestion.
F.
ASSISTED LIVING FACILITIES AND LONG-TERM CARE FACILITIES
(1)
The minimum land area devoted to these facilities shall be ten (10) contiguous acres.
(2)
The site shall have direct access and front on a collector or arterial street.
(3)
Shall meet applicable zone design standards in Article 3.
(4)
Residences shall be functionally, physically, and architecturally integrated with the primary
use as well as recreational activity centers located within the development.
(5)
Only those uses related to medical, residential, limited commercial and recreational uses,
primarily servicing campus residents, will be permitted. Uses may include, but are not limited
to the following:
(a)
Residential buildings, nursing homes, and congregate living facilities for the elderly or
physically handicapped;
(b)
Medical facilities including offices, laboratories, clinics, professional or paramedical
training centers, and ambulatory care facilities;
(c)
Commercial uses which are strictly related and subordinate to the facility. The uses
should be chosen to reflect their local orientation to the immediate campus vicinity
and should be of a size and scope so as not to interfere with the primary use of the
facility.
(6)
The applicant shall furnish a description of the effect of the proposed use on the delivery of
ambulance service. The description shall include a letter from the agency responsible for
ambulance service in the site’s vicinity. Such letter shall describe the adequacy/inadequacy of
existing facilities and services to accommodate the proposed use, and any suggestions that
might enhance ambulance service. Should it be determined that the proposed use would
overburden the local ambulance service, the Township may attach conditions of approval that
seeks to assure adequate levels of service.
G.
AUTOMOBILE AUCTIONS
(1)
The subject property shall have a minimum lot size of thirty (30) acres.
(2)
The subject property shall be located within 5,000 feet of the entrance to a limited access
highway.
(3)
All exterior vehicle storage shall be screened from adjoining residentially-zoned lots.
Revised 1/17/14
Article 5
Page 99
H.
BARS/TAVERNS
(1)
No part of the subject property shall be located within 1000 feet of any residential dwelling,
school, or place of worship.
(2)
The bar/tavern must show evidence of compliance with Liquor Control Board regulations.
(3)
Dancing and live musical entertainment shall be contained within the principal building.
(4)
The hours of operation for bars/taverns shall be approved by the Zoning Hearing Board at the
time of Special Exception approval.
(5)
When reviewing an application to increase the hours of operation for a particular bar/tavern,
the Zoning Hearing Board shall take into consideration the potential impacts of the use upon
adjacent uses, occupancy loads of the use, and the history of any past violations of Township
ordinances which regulate the operation of bars/taverns.
(6)
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the
use of adjoining lots due to hours of operation, light, and/or litter.
(7)
The applicant shall furnish expert evidence as to how the use will be controlled so as to not
constitute a nuisance due to noise or loitering outside the building.
I.
BED AND BREAKFASTS
(1)
No modifications to the external appearance of the building (except fire escapes), which would
alter its residential character, shall be permitted.
(2)
All floors above grade shall have a permanently affixed direct means of escape to ground
level. Such escape shall not be located on the front or primary façade of the building.
(3)
(4)
The applicant shall furnish evidence that an approved means of sewage disposal and water
supply shall be used.
(5)
Operation of all bed and breakfast establishments shall comply with all applicable state and
federal regulations and provide proof of such permits, certifications and licenses.
J.
BOARDING HOME
(1)
The applicant shall furnish evidence that an approved means for sewage disposal and water
supply shall be used.
(2)
No modifications to the external appearance of the building (except fire escapes) which would
alter its residential character, shall be permitted.
(3)
All floors above grade shall have a permanently affixed direct means of escape to ground
level.
(4)
(5)
Operation of all boarding homes shall comply with all applicable state and federal regulations
and provide proof of such permits, certifications and licenses.
K.
BUSINESSES IN THE RM ZONE PERMITTED BY SPECIAL EXCEPTION
(1)
(2)
Off-street parking shall be located in the side or rear yard of the lot.
(3)
Visual screening/landscaping in §270-4.10 shall apply.
(4)
The applicant shall increase each side setback requirement by an additional 5 feet.
(5)
The applicant shall incorporate shared parking lots and access drives into the site design when
feasible.
(6)
If the subject property contains more than two (2) acres, it shall front on and have direct access
onto an arterial or collector street.
(7)
Additional off-street parking of one space for each five hundred (500) square feet shall be
required if exterior retail sales areas are included in the site plan.
Revised 1/17/14
Article 5
Page 100
(8)
(9)
(10)
The applicant shall furnish expert evidence that any exterior amplified public address system
and/or exterior lighting has been arranged and designed so as to prevent objectionable impact
off the site.
Any drilling, cutting, sawing, mixing, crushing or some other preparation of building
materials, plus any testing or repair of motorized equipment shall be conducted within a
completely enclosed building.
Business uses shall be located on corner lots within residential developments and
neighborhoods.
L.
CAMPS AND CAMPGROUNDS
(1)
All campsites shall be located at least fifty (50) feet from any side or rear lot line and at least
one hundred (100) feet from any public street line.
(2)
Each campsite shall provide either one (1) on-site parking space which will not interfere with
the convenient and safe movement of traffic, or equivalent parking shall be provided in a
common parking area.
(3)
An internal street system shall be provided. All streets must comply with the East Hempfield
Township Road Ordinance.
(4)
All outdoor play areas shall be set back one hundred (100) feet from any lot line and screened
from adjoining residentially-zoned lots in accordance with the East Hempfield Township
Subdivision and Land Development Ordinance, as amended. Such outdoor play areas shall be
used exclusively by registered guests and their visitors.
(5)
All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall
be set back a minimum of one hundred (100) feet from any lot line. Such facilities shall be
screened from adjoining residentially-zoned lots in accordance with the East Hempfield
Township Subdivision and Land Development Ordinance, as amended.
(6)
Any accessory retail or service commercial uses shall be set back a minimum of one hundred
(100) feet from any lot line.
(a)
Such accessory commercial uses shall be solely designed and constructed to serve the
campground's registered guests and their visitors.
(b)
Any parking spaces provided for these commercial uses shall only have vehicular
access from the campground's internal access drives rather than the public street.
(c)
All accessory commercial uses and related parking shall be screened from adjoining
residentially-zoned lots in accordance with the East Hempfield Township Subdivision
(7)
All campgrounds containing more than one hundred (100) campsites shall have direct access
to an arterial or collector street, as identified in the East Hempfield Township Road Ordinance,
and shall not be located on lands that are characterized by prime agricultural soils as defined
herein.
(8)
All campground signs shall comply with Article 7 of this ordinance.
(9)
A minimum of twenty percent (20%) of the gross area of the campground shall be devoted to
active and passive recreational facilities, which shall not be located within one hundred (100)
feet of any lot line. Responsibility for maintenance of the recreation area shall be with the
landowner.
(10)
During operation every campground shall have an office in which shall be located the person
responsible for operation of the campground.
(11)
All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector
control shall be approved and maintained in accordance with the requirements of the
Township, the local authority, and PA DEP as applicable.
M.
CEMETERIES
(1)
All burial plots shall be located at least ten (10) feet from any street right-of-way line or lot
line.
Revised 1/17/14
Article 5
Page 101
(2)
(3)
(4)
(5)
N.
Burial plots shall not be located within floodplains, wetlands, high water table soils, slopes
exceeding twenty-five percent (25%), or easements.
Maximum Building Coverage: 20%
All means of ingress and egress shall be located and designed to accommodate traffic in a safe
and efficient manner. Interior access drives shall be designed so as to prevent traffic
congestion at points of ingress and egress.
CLUSTER DEVELOPMENTS
(1)
Purpose and Intent: Cluster developments seek to blend various residential development types
within areas of the Township that are characterized as having natural beauty and
environmental sensitivity. It is the express purpose to offer flexible design standards for the
preservation and protection of natural and/or cultural features and/or the provision of publicly
accessible common open space.
(2)
General Criteria: Cluster developments are permitted by conditional use, subject to the
following standards:
(a)
Permitted Uses:
[1]
Public or private parks, open spaces, playgrounds and recreational areas, but
not including amusement parks, commercial recreation facilities, or similar
uses which detract from the character of the zone or are operated for profit;
[2]
Single-family detached dwellings, single-family semi-detached dwellings
(duplex), townhouses and multi-family dwellings;
[3]
Accessory uses customarily incidental to the above permitted uses: see
regulations in Article 4.
(b)
Minimum Lot Area: five (5) acres
(c)
Sewer and Water: All proposed dwellings shall be connected to, and served by, both
public sewer and water utilities.
(d)
Delineation of Required Open Space: As part of the site planning process for the
cluster development, the applicant shall be required to prepare a detailed natural and
cultural features inventory of the site. Such features shall become all or part of the
required common open space. Qualified experts must identify, describe, and plot each
of the following found on the proposed site:
[1]
100-year floodplains;
[2]
Steep slopes (greater than 15%);
[3]
Wetlands, streams, ponds, or other water bodies;
[4]
Threatened or endangered species habitats;
[5]
Archaeological resources;
[6]
Historic resources; and
[7]
Significant stands of mature trees.
(e)
Parkland/Common Open Space Delineation: The applicant shall delineate all required
common open space and future parklands. Parklands, as required by the East
Hempfield Township Subdivision and Land Development Ordinance, as amended,
may be proposed within the required common open space. Such delineation shall be
acceptable to the East Hempfield Township Board of Supervisors if it complies with
the following:
[1]
Located and designed so that safe and convenient access shall be provided to
all existing and proposed residents of the development. Additionally, each site
shall have at least one (1) area available for vehicular access that is no less
than twenty-four (24) feet in width.
[2]
Sized and configured to accommodate its intended uses. Sufficient lot
width/depth dimension shall be provided to accommodate, where practicable,
ball fields, sport courts, and other open play areas. Furthermore, should a
Revised 1/17/14
Article 5
Page 102
(f)
(g)
(h)
(i)
development be proposed at a location contiguous to an existing park,
parklands should be provided, where practicable, as an expansion of the
existing facility.
[3]
Have suitable topography and soil conditions for use and development as
active play areas. No more than fifty percent (50%) of the open space area
shall be comprised of floodplains, stormwater management facilities and/or
slopes exceeding fifteen percent (15%).
[4]
Located and designed to conveniently access public utilities; however, no part
of any overhead utility easement, nor any above-ground protrusion of an
underground utility, should be permitted in active play areas of the site.
[5]
No part of the site shall be calculated as part of any required setback, yard
and/or open space for adjoining lots or uses as regulated herein.
[6]
Shall comply with any applicable design, orientation, size and location
guidelines listed in the East Hempfield Township Parks and Recreation Plan
for its particular neighborhood.
[7]
Required open space shall be in addition to any dedicated parklands and/or
fees in lieu, as required in the East Hempfield Township Subdivision and
Land Development Ordinance, as amended.
Walking/Bicycle Paths: All walking/bicycle paths shall be all-weather materials,
durable surface and a minimum of six (6) feet wide. Such paths shall count towards
the required parkland required by the §265-7.6 of the East Hempfield Township
Subdivision and Land Development Ordinance, as amended. Where such paths
intersect streets, they shall include aprons for access by disabled persons. The path
crossing the cartway shall be of distinct materials (e.g. cobblestone, pressed concrete,
brick or macadam) and color to present a visual and tire rumble indication that the
pathway is present. All portions of this section shall be designed in accordance with
the standards contained in the latest version of the PA Universal Accessibility
Standards.
Required Mix of Uses: All cluster developments shall contain at least two housing
types. Any one type must be at least 10% of the total number of dwelling units in the
development.
Open Space Requirements: All plans shall provide a minimum of 20% of the gross lot
area in the required common open space. This does not include the required parkland
as required in §265-7.6 of the East Hempfield Township Subdivision and Land
Development Ordinance, as amended.
Lot Design Standards: The following table sets forth applicable lot size, width and
coverage design standards to be applied to the various dwelling types and their
respective lots:
LOT DESIGN STANDARDS
Dwelling Type
Minimum
Lot Area
Single-Family
Detached
Single-Family
Semi-Detached
Townhouse
Multi-Family
Maximum Lot
Coverage
6,000 sf
Minimum Lot
Width at Building
Frontage
40 ft
4,500 sf
35 ft
70%
2,000 sf
25 ft
1,500 sf /dwelling 50 ft
unit
70%
70%
Revised 1/17/14
65%
Article 5
Page 103
(j)
(k)
(l)
O.
Minimum Setback Requirements for Principal Structures: The following table sets
forth permitted minimum yard setbacks for principal structures and accessory uses:
[1]
Front: 10 feet
[2]
Side: 5 feet; accessory uses: 5 feet
[3]
Rear: 25 feet; accessory uses: 5 feet
Maximum Building Height:
[1]
Single-Family Detached Dwelling: 35 feet
[2]
Single-Family Semi-Detached Dwelling: 35 feet
[3]
Townhouses and Multi-Family Dwellings: 35 feet
[4]
Accessory Uses: 20 feet
Connectivity: All cluster developments shall provide for a complete system of streets,
sidewalks, trails, and/or linear parks that connect with adjoining facilities and
neighborhoods.
COMMUNICATION ANTENNA AND TOWERS
(1)
Communication Antenna: Communication antenna and equipment mounted on an existing
public utility transmission tower, building or other structure, including existing
communications towers and communications equipment buildings are permitted by special
exception, subject to the following criteria herein.
(a)
Building mounted communication antennas shall not be located on any building used
for residential purposes.
(b)
Building mounted communication antennas shall be permitted to exceed the height
limitations of the applicable zone by no more than twenty (20) feet.
(c)
Omni-directional or whip communications antennas shall not exceed current industry
standards in regards to size. The applicant shall provide written documentation to
justify the size of the proposed antenna.
(d)
Directional or panel communications antennas shall not exceed current industry
standards in regards to size. The applicant shall provide written documentation to
justify the size of the proposed antenna.
(e)
Any applicant proposing communications antennas to be mounted on a building or
other structure shall submit evidence from a Registered Professional Engineer
certifying that the proposed installation will not exceed the structural capacity of the
building, tower or other structure, considering wind and other loads associated with
the antenna location.
(f)
Any applicant proposing communication antennas to be mounted on a building or
other structure shall submit detailed drawings and site plans to the Township to be
reviewed and approved by the Township Zoning Officer and Township Building Code
Official for compliance with applicable codes, laws, and ordinances, including any
existing structures that are being utilized by the applicant for the antenna or accessory
structures.
(g)
Any applicant proposing communication antennas to be mounted on a building or
other structure shall submit evidence of agreements and/or easements necessary to
provide access to the building or structure on which the antennas are to be mounted so
that installation and maintenance of the antennas and communications equipment
building can be accomplished.
(h)
Any applicant proposing communications antennas to be mounted on any existing
structure may be required at the discretion of the Township to completely enclose the
structure containing the antenna and or the equipment area by an eight (8) foot high,
non-climbable fence and a self-locking gate.
(i)
Communications antennas shall comply with all applicable standards established by
the Federal Communications Commission (FCC) governing human exposure to
electromagnetic radiation.
Revised 1/17/14
Article 5
Page 104
(j)
(2)
Communications antennas shall not cause radio frequency interference with other
communications facilities located in East Hempfield Township.
(k)
A communications equipment building shall be subject to the height and setback
requirements of the applicable zone for an accessory structure
(l)
The owner or operator of communications antennas shall be licensed by the Federal
Communications Commission to operate such antennas
(m)
The communications equipment building and antenna shall be an accessory use on the
lot that it is erected
(n)
Within residential zones on land owned or controlled under easement by either the
Township or a municipal authority created by the Township, antennas and related
equipment shall be located on existing structures.
(o)
The applicant shall submit testimony and provide a site plan showing the location of
the antennas and related equipment, screening and landscaping of ground located
equipment in accordance with Township requirements, the location of the access to
the site, and verification that the access meets all applicable ordinances. All screening
and landscaping shall be designed so as to minimize visibility to the fullest extent
possible while preserving the character of the environment of the lot and surrounding
area.
Communication Towers: The installation of communications towers will be permitted by
special exception subject to the following criteria:
(a)
Any communications tower shall be set back from each lot line a distance equal to its
height, but in no circumstances less than fifty (50) feet from any lot line. This setback
shall also be applicable to guide wire anchors for the communications tower.
(b)
Communications towers shall be sited so as to separate them from adjacent farming
activities and residential structures.
(c)
All towers shall be completely enclosed by an eight (8) foot high fence and selflocking gate.
(d)
The applicant shall furnish expert testimony regarding the construction methods or
other measures used to prevent the toppling of any communications tower onto
adjoining lots or streets.
(e)
The applicant shall submit notice of approval for the proposed installation from the
Federal Aviation Administration and the Federal Communications Commission.
(f)
The applicant shall demonstrate that the communications tower or antenna will not
exceed the minimum height required to function satisfactorily.
(g)
The applicant shall obtain a building permit in accordance with East Hempfield
Township's Building Code prior to commencement of construction of any
communications tower or communications antenna.
(h)
Attachments to existing structures shall be designed by a Registered Professional
Engineer and must meet the approval of the Township.
(i)
Visual screening/landscaping in §270-4.10 shall apply as well as the requirements of
the East Hempfield Township Subdivision and Land Development Ordinance, as
amended. Existing vegetation on and around the site shall be preserved to the greatest
extent possible.
(j)
A communications equipment building shall be subject to the height and setback
requirements of the applicable zone for an accessory structure.
(k)
The applicant shall submit testimony on how this facility will be disguised so that it is
not visible from the surrounding area.
(l)
The communications equipment building and antenna shall be an accessory use on the
lot that it is erected.
(m)
The owner of the tower must agree that the facility meets or exceeds current standards
and regulations of the FAA, FCC, and any other agency of the state or federal
government. If such standards and revelations are changed, the owners of the structure
Revised 1/17/14
Article 5
Page 105
(n)
(o)
shall agree to bring the facility into compliance with the revised standards within six
(6) months of the effective date, unless a different compliance schedule is mandated
by the controlling state or federal agency.
Upon transfer of ownership or tenancy of the facility or property, an application must
be made to the Zoning Officer for a Continuing Certificate of Occupancy. The
prospective owner or tenant must agree to these requirements set forth in this section
and any additional requirements hereafter established prior to a continuing occupancy
permit being issued.
As part of the special exception process, the applicant shall submit a plan for the
removal of the communications tower and the communications antenna when they
become functionally obsolete, fall into disrepair, or are no longer in use. The applicant
shall be responsible for the removal of the facility within three (3) months from the
date the applicant ceases use of the facility or the facility becomes obsolete.
P.
COMMUNITY REHABILITATION FACILITIES
(1)
The maximum number of clients to be served at the facility shall be six (6).
(2)
The applicant shall provide a detailed description of the proposed use, including, but not
limited to, number of clients to be served at the facility, the nature of clients to be served, the
type of treatment and care to be provided, hours of operation, number of employees and
residents, licensing requirements, proposed plan of operation, security measures and
supervision for the safety of residents and the community.
(3)
The applicant shall provide evidence that the facility is sponsored and operated by an agency
or entity that is licensed, registered, or certified by an applicable county, state, or federal
program.
(4)
The facility shall have 24-hour, on-site supervision by professionals trained to supervise the
types of clients to be served by the facility.
(5)
All structures shall be located at least 1000 feet from any lot containing a school, day care
facility, camp, park, playground, and/or public library.
(6)
The applicant shall show credible evidence that the use being proposed is in strict conformity
with all local, county, state, and federal guidelines.
Q.
CONVENIENCE STORE
(1)
Gasoline or other fuels shall not be sold unless a use as a motor vehicle fueling station is
approved for that site.
(2)
Outside storage of ice machines, rental/sale kiosks, propane tank sales racks, and other similar
items are only allowed if kept on the front or side paved sidewalk or walking area of the store,
in full view from inside the store.
(3)
The store parking lot will be designed to provide movement and unloading of standard
delivery trucks without interference with pedestrian or vehicular movements.
(4)
The site shall meet the screening requirements of §270-4.10 and the East Hempfield Township
(5)
All site lighting shall be designed so as to reflect downward or inward to the site. Glare from
lighting that spills onto local streets or adjacent lots is prohibited.
R.
CORRECTIONAL FACILITY
(1)
The maximum number of clients to be served at the facility shall be twenty (20).
(2)
The applicant shall provide a detailed description of the proposed use, including, but not
limited to, number of clients to be served at the facility, the nature of clients to be served, the
type of treatment and care to be provided, hours of operation, number of employees and
residents, licensing requirements, proposed plan of operation, security measures and
supervision for the safety of residents and the community.
Revised 1/17/14
Article 5
Page 106
(3)
(4)
(5)
(6)
The applicant shall provide evidence that the facility is sponsored and operated by an agency
or entity that is licensed, registered, or certified by an applicable county, state, or federal
program.
The facility shall have 24-hour, on-site supervision by professionals trained to supervise the
types of clients to be served by the facility.
All structures shall be located at least 1500 feet from any lot containing a residence, school,
day care facility, camp, church community center, park, playground, and/or public library.
The applicant shall show credible evidence that the use being proposed is in strict conformity
with all local, county, state, and federal guidelines.
S.
DAY CARE SERVICES, COMMERCIAL AND FAMILY
(1)
All commercial child day care centers shall be constructed and managed in accordance with
the Department of Public Welfare (DPW), Chapter 3270, as amended.
(2)
Shall provide both indoor and outdoor play areas in accordance with DPW requirements, as
referenced above.
(3)
Enrollment shall be defined as the largest number of students and/or children under day care
supervision at any one time during a seven-day period.
(4)
Passenger “drop-off” and or “pick-up” areas shall be provided on site and arranged so that the
passengers do not have to cross traffic lanes on or adjacent to the site.
(5)
In the RL and RM Zones, day care businesses, whether utilizing an existing building or
constructing a new building, shall be designed to be compatible with the residential character
of the surrounding neighborhood. The applicant shall provide a building elevation plan
including a landscaping plan that provides evidence of the building’s appearance and design
compatibility.
T.
DORMITORIES
(1)
Shall serve as accessory uses to a primary use including hospitals, institutions and/or elderly
care facilities.
(2)
Residences shall functionally, physically, and architecturally be integrated with the primary
use as well as recreational activity centers.
(3)
Such residential buildings shall be grouped together and located near the other campus
buildings and uses.
(4)
All buildings and parking facilities shall be set back at least fifty (50) feet from all lot lines of
the campus property.
U.
DRIVE-THRU AND DRIVE-IN SERVICE
(1)
Drive-thru services shall only be permitted in the CBC and RBC Zones, and only when the
primary use fronts on a street classified as an arterial or collector.
(2)
The access drives associated with the drive-thru or drive-in services shall meet the
requirements of the East Hempfield Township Road Ordinance.
(3)
On-site stacking lanes shall meet the following requirements:
(a)
The lanes shall be located to prevent vehicle back-ups on adjoining streets or the
interior drives within a parking lot.
(b)
The lanes shall have the following minimum on-site stacking-lane lengths:
[1]
Car washes, financial institutions, pharmacies, and professional offices: one
hundred (100) feet.
[2]
Restaurants, food related services: one hundred twenty (120) feet.
(4)
The outdoor lighting of the drive-thru or drive-in services shall be in accordance with the
design standards of the East Hempfield Township Subdivision and Land Development
Ordinance, as amended.
(5)
An acceptable method for controlling litter shall be implemented.
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Article 5
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(6)
(7)
(8)
Drive-thru service windows shall be set back a minimum of one hundred (100) feet from a
residential lot line or residential zone.
Any exterior speaker systems shall be arranged and/or screened to prevent objectionable noise
on adjoining lots
All drive-thru uses shall comply with the business operations standard in §270-4.4.
V.
FARM-BASED BUSINESS
(1)
The applicant must provide evidence that the proposed use is important to agricultural
operations.
(2)
Some examples of farm-based businesses (if suitably sized) include, but need not be limited
to:
(a)
Sales or repair of agricultural equipment
(b)
Blacksmith shops, furriers
(c)
Butcher Shops
(d)
Grain Mills
(e)
Processing of locally produced agricultural products
(f)
Veterinary clinics that primarily treat animals from farms, stables, and kennels
(g)
Feed supply, fuel and fertilizer distributors
(h)
Composting and other farm waste storage facilities
(i)
Bio-digesters and other alternative energy systems
(3)
The farm-based business shall occupy no more than two (2) acres. The applicant shall show
that the size of the site is the minimum needed to conduct the farm-based business.
(4)
The design of a farm-based business shall be governed by the design standards for the (E)
Enterprise Zone as listed in Article 3 of this Ordinance, except as follows:
(a)
The maximum lot coverage shall be forty (40) percent.
(b)
No part of a farm-based business shall be within three hundred (300) feet of any land
within any of the residential zones.
(c)
The length of any on-site access drives shall be sufficient to allow the stacking of
delivery and/or customer vehicles. Furthermore, any use that potentially involves the
movement of vehicles through mud and/or manure shall provide a paved apron of at
least fifty (50) feet from the street right-of-way. In addition another fifty (50) foot
gravel section shall be located just beyond the paved apron.
(d)
Any outdoor storage of supplies, materials and products shall be screened from
adjoining streets and lots. The display of farm equipment for sale shall be excluded
from this provision.
(e)
Signs shall comply with Article 7 of this Ordinance.
W.
FARM STAND
(1)
Shall not be greater than 600 sf of retail floor area.
(2)
Shall meet parking and sign requirements in Articles 7 and 8.
(3)
Shall provide a plan for off-street parking, safe ingress-egress and vehicle circulation.
(4)
Vehicles are not permitted to back out directly onto Township and or state streets.
(5)
Shall be located outside the street right-of-way and comply with all setback requirements of
the zone in which it is located.
(6)
Shall be conducted by the landowner/operator upon an actively farmed site.
X.
GOLF COURSES
(1)
In no case shall the golf course design permit or encourage a golf ball to be driven across any
building, building lot, parking lot, street, access drive, or driveway.
(2)
Golf cart paths shall be graded so as to discharge stormwater runoff. Surface conditions of
paths shall be adequately protected from an exposed soil condition.
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(3)
(4)
(5)
The golf course design shall minimize golf cart path crossings of streets, access drives and
driveways. Easily identifiable golf cart paths must be provided for crossings of streets, access
drives or driveways. The golf course design shall both discourage random crossing and
require use of the golf cart path crossings of streets, access drives and driveways. Golf cart
path crossings shall conform with the following:
(a)
Each crossing shall be perpendicular to the traffic movements.
(b)
Golf cart path intersections shall be designed to provide adequate sight distance with
regard to both horizontal and vertical alignment.
(c)
The required sight distance shall be governed the East Hempfield Township Road
Ordinance.
(d)
The golf cart path shall not exceed a slope of eight percent (8%) within twenty-five
(25) feet of the cartway crossing.
(e)
Golf cart path crossings shall be signed warning motorists and pedestrians and golfers.
(f)
The surface of the golf cart path shall be brightly painted with angle stripes.
(g)
Golf cart path crossings of collector or arterial streets shall consist of a tunnel that is
located below street grade. The golf course design shall both prohibit on-grade
crossing of collector or arterial streets and require the use of the tunnel. The
construction of the collector or arterial street crossing of the tunnel shall comply with
PennDOT standards.
All golf course buildings shall be set back seventy-five (75) feet from any adjoining streets
and one hundred (100) feet from adjoining residential structures or lots.
Golf courses may include the following accessory uses, provided such uses are reasonably
sized, and located so as to provide incidental service to the golf course employees and users:
(a)
Clubhouse, which may consist of:
[1]
Restaurant, snack bar, lounge, and banquet facilities;
[2]
Locker and rest rooms;
[3]
Pro shop;
[4]
Administrative offices;
[5]
Golf cart and maintenance equipment storage and service facilities;
[6]
Guest lodging for those using the golf course, provided:
a.
No lodging units have separate exterior means of ingress/egress;
b.
All lodging units shall be contained within the main clubhouse; and,
c.
Such guest lodging shall have a total occupancy of no more than
twenty (20) persons.
[7]
Fitness and health equipment, including workout machines, spas, whirlpools,
saunas, and steam rooms;
[8]
Game rooms, including card tables, billiards, ping-pong, and other similar
table games; and
[9]
Baby-sitting rooms and connected fence-enclosed playlots.
(b)
Accessory recreation amenities located outside of a building, including:
[1]
Driving range, provided that no lighting is utilized;
[2]
Practice putting greens;
[3]
Swimming pools;
[4]
Tennis, platform tennis, handball, racquetball, squash, volleyball, and
badminton courts;
[5]
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
[6]
Picnic pavilions, picnic tables, park benches, and barbecue pits;
[7]
Hiking, biking, horseback riding, and cross-country ski trails; and
[8]
Playground equipment and play lot games, including 4-square, dodge ball,
tetherball, and hopscotch.
(c)
Freestanding maintenance equipment and supply buildings and storage yards.
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(6)
(7)
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least one
hundred (100) feet and screened from adjoining residential structures and streets.
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or
nearby residences. In addition, all off-street loading and dumpsters shall be screened from
adjoining streets.
Y.
HEAVY TIMBER WAREHOUSE CONVERSION
(1)
This use is intended to recognize the functional and historic value of the heavy timber
warehouses which exist throughout the Township, most heavily concentrated in the
Landisville and Salunga areas along the railroad and Harrisburg Pike corridors. Many of these
buildings are no longer amenable to industrial use, and the policy and purpose of this
conditional use is to encourage preservation of these buildings by allowing their adaptive reuse
to the uses described in Subsection (2) below in a manner that does not jeopardize the historic
status of the building or interfere with surrounding industrial uses.
(2)
The conversion of heavy timber warehouses to residential, office or retail use, or a
combination thereof, is permitted by conditional use, subject to the following criteria:
(a)
Mixed uses consisting of residential, office and/or retail uses shall be permitted on the
site or within a building only if the applicant can demonstrate that the proposed
combination of uses would be compatible with one another.
(b)
The applicant shall demonstrate that it has taken efforts, and shall take such additional
precautions as shall be determined by the Board of Supervisors, to protect the health,
safety, morals, and welfare of the residents and other occupants of the building from
all neighboring railroad or highway traffic or neighboring industrial uses.
(c)
All applicable parking requirements shall apply unless the applicant can demonstrate
that, because of existing site conditions, the proposed use or other factors, the
applicable parking requirements should not apply. In the event the building, or any
part thereof, will be used for residential use, the parking requirements shall be one
space for each one-bedroom dwelling unit and 1.5 spaces for each two-bedroom
dwelling unit.
(d)
All off-street parking, loading areas and trash dumpsters shall be screened from
adjoining residences.
(e)
The applicant shall obtain any necessary land development approvals following the
conditional use approval.
(f)
The building shall be serviced by public water and sewer.
(g)
The applicant may expand the building or construct an additional building on the site,
or both, so long as the new improvements are architecturally compatible with the
existing building(s) and so long as the improvements do not increase the habitable
floor area (in the event of residential use) or functional floor area (for non-residential
use) by more than a factor of two. This provision shall not be construed to authorize or
encourage the demolition of any heavy timber warehouses or any portion thereof.
(h)
The applicant shall comply with all applicable federal, state and local
rehabilitation/historic preservation laws, including all statutes, rules, regulations and
guidelines of the National Park Service of the United States Department of the Interior
and the Bureau of Historic Preservation of the Pennsylvania Historic and Museum
Commission applicable to any heavy timber warehouse.
(i)
The Board of Supervisors may approve higher densities than those permitted
elsewhere in the Township to allow the feasible reuse of a heavy timber warehouse,
provided that the applicant meets the minimum habitable floor area requirements as
set forth in the building code in effect at the time of the action by the Board of
Supervisors.
Z.
HELICOPTER PAD
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Article 5
Page 110
(1)
(2)
(3)
A helicopter pad shall not include auxiliary facilities, such as fueling and maintenance
equipment.
The helicopter pad shall be set back a minimum of three hundred (300) feet from any
residentially-zoned lots and any street. In the event the helicopter pad is located on the roof of
a building which houses emergency health care services, the minimum setback requirements
for the applicable building shall supersede.
The applicant must demonstrate compliance, through written documentation, and must comply
with applicable state and federal regulations.
AA.
HISTORIC CONVERSIONS
(1)
Such conversions shall only be permitted within historic structures, as defined herein.
(2)
The applicant shall furnish expert evidence that any alterations, improvements, extensions,
additions or other modifications proposed to the historic structure will be accomplished in a
manner that does not jeopardize the “historic” status of the structure.
(3)
Should an existing farm dwelling within the (A) Zone be converted to a historic conversion,
any replacement dwelling proposed upon the farm would spend one of the permitted dwelling
development rights granted by §270-3.2 of this Ordinance.
(4)
The applicant shall furnish evidence of an approved means of water supply and sewage
disposal.
(5)
The applicant shall obtain any necessary land development approvals.
(6)
All off-street parking and/or loading areas shall be screened from adjoining residences and
streets.
(7)
One (1) sign shall be permitted which is no larger than nine (9) square feet and is located at
least ten (10) feet from all lot lines.
(8)
Historic restaurant conversions shall not involve drive-thru, nor fast-food restaurant
operations, as defined herein, and all restaurant seating shall be provided within the
completely-enclosed building, except that limited exterior seating may be provided if:
(a)
Such seating is situated and designed so as not to be adversely impacted by potential
nearby agricultural activities, nor to adversely impact nearby residences;
(b)
Such seating is accessory to the principal interior seating accommodations;
(c)
During use, such seating is continuously supervised by an employee or owner of the
restaurant;
(d)
Any lighting or music systems serving such seating is designed and operated so as not
to constitute a nuisance to adjoining lots;
(e)
The applicant shall furnish and implement a working plan for the continuous cleanup
of litter and debris that may result from such outdoor seating; and
(f)
Such seating is removed during seasons when not in use.
BB.
HOME-BASED BUSINESS, IMPACT
(1)
The applicant must reside on-site.
(2)
Retail sales of goods must be directly related to the advertised nature of the business. Retail
sales accessory to any service provided on the site (such as hair care products sold as an
accessory to hair cutting) must relate directly to the service provided.
(3)
May not serve as headquarters or dispatch centers where employees come to the site and are
dispatched to other locations.
(4)
All activities must be in completely enclosed structures. Exterior storage or display of goods,
equipment, or materials is prohibited.
(5)
The dwelling and site must remain residential in appearance and characteristics. Internal or
external changes which will make the dwelling appear less residential are prohibited.
(6)
Hazardous substances are prohibited, except at the consumer commodity level.
(7)
No more than one vehicle may be used in association with the home occupation. Deliveries or
pick-ups of supplies or products may not be made in trucks weighing over 10,000 lbs.
Revised 1/17/14
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Page 111
(8)
(9)
(10)
Customers may visit the site only during the hours of 7:00 a.m. to 9:00 p.m.
The applicant must obtain an occupancy permit. This permit can be revoked by the Zoning
Officer if the above standards or any additional Zoning Hearing Board imposed conditions of
use are not complied with.
CC.
HOME-BASED BUSINESS, NO IMPACT
(1)
The business activity shall be compatible with the residential use of the lot and surrounding
residential uses.
(2)
The business shall employ no employees other that family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling of inventory of a
substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking,
signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration,
glare, fumes, odors or electrical or electronic interference, including interference with radio or
television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or
type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more
than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
DD.
INDUSTRIAL (LIGHT, GENERAL, HEAVY) – The applicant shall provide a detailed description of
the proposed use for any of the following industrial use categories:
(1)
Industrial, Light:
(a)
Such uses do not require frequent deliveries from trucks that require a Class B license
to operate. Such deliveries shall be limited to 10 trucks per day.
(b)
Such uses will not impact neighboring residents, businesses and or the natural
environment with regards to noise, air pollution, glare, water quality and volume, and
waste treatment.
(c)
Such uses shall have working hours between 6:00 a.m. and 11 p.m.
(d)
Such uses shall be contained to buildings of 10,000 square feet or less.
(e)
Outdoor storage of any materials or products shall not be permitted.
(f)
If truck deliveries are required as part of normal business operations, a designated
loading space is required.
(2)
Industrial, General:
(a)
Such uses shall be permitted in zones that encourage non-residential uses where such
uses have the ability to employ workers, utilize streets that have capacity to handle
employee, service and delivery vehicles and customer traffic.
(b)
The applicant shall complete a traffic impact study: See regulations in the East
Hempfield Township Subdivision and Land Development Ordinance, as amended.
(c)
Such uses shall have direct access onto designated arterial and collector classified
streets for business deliveries and employee access.
(d)
Such uses do not produce noise and or air pollutants that exceed normal limits.
(e)
Outdoor storage of any materials or products shall be permitted: See regulations§2704.2.J.
(f)
If truck deliveries are required as part of normal business operations, a designated
loading space is required.
(3)
Industrial, Heavy:
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Article 5
Page 112
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
EE.
The applicant shall complete a Traffic Impact Study; see regulations in the East
Hempfield Township Subdivision and Land Development Ordinance, as amended. As
part of the TIS, a pavement analysis shall be provided.
Such uses shall provide access drives that have direct access onto designated arterial
and collector classified streets for business deliveries and employee access.
Such uses shall comply with state and federal requirements with regard to noise, air
and water quality, vibration, storm water, waste production and disposal, and traffic
improvements. The applicant shall provide evidence that impacts generated by the
proposed use can be properly mitigated or eliminate anticipated negative impacts.
Outdoor storage of any materials or products shall be permitted: See regulations§2704.2.J.
Applicant shall submit a report describing the nature of any on-site processing
operations, the materials used in the process, the products produced, and the
generation and methods for disposal of any wastes and/or by-products. In addition, the
applicant shall furnish evidence that the disposal of materials will be accomplished in
a manner that complies with all state and federal regulations.
The general scale of the operation in terms of its market area, specific floor space
requirements for each step of the industrial process, the total number of employees on
each shift, and an overall needed site size shall be provided.
The applicant shall list any environmental impacts that are likely to be generated (e.g.
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, waste water,
stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate
any negative impacts. The applicant shall further furnish expert evidence that the
impacts generated by the proposed use meet or fall within acceptable levels as
regulated by applicable state and federal laws and ordinances as well as this
ordinance.
Business Operation Standards in §270-4.4 shall apply to all industrial uses.
Shall meet applicable zone design standards in Article 3.
Industrial uses considered significantly harmful to the natural and or human
environment, local street system, and or air or water quality shall follow conditional
use procedures of this ordinance. A conditional use is required if the proposed project
meets one (1) or more of the following criteria:
[1]
Uses requiring greater than 50 large truck/tractor trailer deliveries per day.
[2]
Uses requiring over 100,000 gallons of water per day.
[3]
Uses creating or producing hazardous and toxic materials.
[4]
Uses requiring over 500,000 square feet of impervious surfaces.
[5]
Uses requiring building height over 50 feet.
[6]
Uses requiring on-site wastewater treatment and storage facilities, not to
include stormwater facilities.
[7]
Any use utilizing rail transportation for goods.
KENNELS
(1)
Regulations herein apply to boarding kennels and breeding kennels.
(2)
No animal shelter, building, or runway shall be located less than 100 feet from all lot lines.
(3)
No animals shall be permitted to use outdoor runs that are located within 300 feet of an
existing dwelling not located on the same lot as the kennel, from 9 p.m. until 7 a.m.
(4)
All runways and outdoor areas to which animals have access shall be completely enclosed by a
minimum 6-foot high fence and gate.
(5)
The applicant shall furnish evidence of an effective means of animal waste disposal which
shall be continuously implemented.
(6)
All kennels shall be constructed so that the animals cannot stray from the facility.
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(7)
Operation of all kennels shall comply with all applicable state and federal regulations and
provide proof of such permits, certifications and licenses.
FF.
LEGALIZED GAMBLING ESTABLISHMENTS
(1)
A legalized gambling establishment shall not be permitted to be located within one half (1/2)
mile of any other such establishment.
(2)
No legalized gambling establishment shall be located within one half (1/2) mile of any
residentially-zoned land.
(3)
No legalized gambling establishment shall be located within one half (1/2) mile of any parcel
of land which contains any one or more of the following specified land uses:
(a)
Amusement Park
(b)
Camp (for minors' activity)
(c)
(d)
Day Care Center
(e)
Place of Worship
(f)
Museum
(g)
Park, Playground or School
(h)
Any other lands where minors congregate
(4)
The distance between any two legalized gambling establishments shall be measured in a
straight line, without regard to intervening structures, from the closest point on the exterior lot
line of each establishment. The distance between any legalized gambling establishment and
any land use specified above shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior lot line of the establishment to the closest
point on the lot line of said land use.
(5)
No more than one (1) legalized gambling establishment may be located within one building or
shopping center.
(6)
use of adjoining lots due to hours of operation, light and/or litter, and how the use will be
controlled so as to not constitute a nuisance due to noise or loitering outside the building. A
working plan for the cleanup of litter shall be furnished and implemented by the applicant.
(7)
Legalized gambling establishments shall comply with all applicable Pennsylvania laws and
regulations.
GG.
MINERAL EXTRACTION, PROCESSING, AND STORAGE
(1)
As a part of each application, the applicant shall furnish an accurate survey site plan at a scale
no less than one (1) inch equals four hundred (400) feet, showing the location of the lot or lots
of land to be affected by the operation. The surveyed site plan shall be sealed by a Registered
Professional Engineer or a registered Professional Land Surveyor and shall include the
following:
(a)
The boundaries of the proposed affected area, together with drainage area above and
below the area of the operation.
(b)
The location and names of the types and resources to be extracted or quarried and
names of all natural and manmade features such as streams, streets, railroads, and
utility lines on or immediately adjacent to the area.
(c)
The location of all buildings within one thousand (1,000) feet of the lot and the names
and addresses of the owners and present occupants, total acreage, names and addresses
of adjacent landowners and the location of rights-of-way and easements, abutting
and/or adjacent zones and land uses.
(d)
The purpose for which each building is used and estimated depth of the proposed
operation and land area to be excavated with dimensions.
(e)
Proposed alterations to watercourses to assure stream quality and quantity.
Revised 1/17/14
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(f)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Any proposed fencing and landscaping, which must comply with the design standards
in Article 4.
(g)
A contour map showing cross sections of the proposed mineral extraction area
including a detailed hydrogeologic groundwater study based on complete site studies.
The applicant shall obtain any required permit or permits from the Department of
Environmental Protection of the Commonwealth of Pennsylvania (PA DEP), or any successor
agency thereto, and shall present such permit or permits to the Board of Supervisors.
The applicant shall present duplicate sets of the plans, specifications, applications and
supporting data that have been, or shall be, presented to the PA DEP for review to the East
Hempfield Township Board of Supervisors. If such use is approved, the operator shall
continue to present such documentation to the Township when it is submitted to the PA DEP.
Operation of the facility shall at all times comply with all applicable state and federal statutes
and regulations. This shall include, but not be limited to, the Non-Coal Surface Mining
Conservation and Reclamation Act, Act of December 19, 1984, P.L. 10993, No. 219, as
amended, 52 P.S. 3301 et seq., or any subsequent amendment or enactment of the
Pennsylvania General Assembly regulating mining, and the regulations of the PA DEP
implementing such statutes.
A fence measuring eight (8) feet high must enclose the area of the actual mineral extraction,
and it shall not be less than fifty (50) feet from the edge of the extraction area excavation. The
fence used shall have openings less than three (3) inches in any dimension, if any. A
vegetative screen must be provided along the outside of the fence, facing away from the
quarry, with plantings (which shall be evergreen) at least thirty-six (36) inches high and placed
in a double-staggered row with no more than five (5) feet on center between plants. The
vegetation shall be of a variety to obtain a height of at least eight (8) feet at maturity. Where
adjacent to a residential zone or public right-of-way, trees and shrubs shall be planted which
will screen the operation completely from normal view. All screenings and buffers required
by §270-4.10 herein shall be provided.
The applicant shall demonstrate that the water supplies for neighboring lots shall not be
adversely affected by the proposed use. In order to fulfill this requirement, the applicant shall
submit to the Township Board of Supervisors a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be prepared in accordance with
accepted hydrogeological standards and practices; shall contain the sources of all test data,
including but not limited to wells evaluated as a part of the study; and shall clearly set forth
the conclusions and recommendations of the professional.
The operator shall limit access to the site to those posted times when an attendant is on duty.
In order to protect the public health, safety and welfare, access drives shall be secured by
fences, locks, gates, and other means to deny access at unauthorized times.
Vehicular access shall be designed as to minimize danger and congestion along adjoining
streets and to avoid the creation of nuisances to nearby lots:
(a)
Sufficiently-long vehicle stacking lanes into the facility shall be provided so that
waiting vehicles to be weighed will not back up onto public streets;
(b)
All access drives onto the site shall be paved to a cartway width of thirty-five (35) feet
for a distance of at least two hundred (200) feet from the street right-of-way line. In
addition, a one hundred (100) foot long crushed stone section of driveway shall be
placed just beyond the preceding two hundred (200) foot paved section to help collect
any mud that may be attached to a vehicle's wheels; and,
(c)
The facility shall front upon, and gain access from, an arterial or collector street as
defined in the East Hempfield Township Road Ordinance.
The applicant shall provide an analysis, prepared by a Registered Professional Engineer
experienced in the field of traffic analysis, of the physical conditions of the primary street
system serving the site. A traffic study shall be submitted by the applicant in accordance with
the East Hempfield Township Subdivision and Land Development Ordinance, as amended and
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Article 5
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(10)
(11)
(12)
(13)
(14)
(15)
(16)
Road Ordinance. If the traffic study demonstrates that improvements to Township or state
streets shall be required in order to serve the proposed use or to alleviate the direct impacts of
the proposed use upon the traffic network, the applicant shall make and/or guarantee the cost
of such improvements.
The operator shall maintain and make available to the public at its office all permits and
approved plans required by all governmental regulatory agencies having jurisdiction over the
permitting, operation, maintenance and/or reclamation of such a facility.
The operator shall provide the Township with copies of any notices of violation received from
the PA Department of Environmental Protection (DEP) or U.S. Environmental Protection
Agency within two (2) weeks from the date such notice of violation was received by the
operator.
There shall be no operations on Sunday or legal holidays and no operation between 7:00 p.m.
and 7:00 a.m. on other days.
All mining operations shall comply with the following requirements:
(a)
Shall not injure or detract from the lawful existing or permitted use of neighboring
lots;
(b)
Shall not create any damage to the health, safety, or welfare of the Township or its
residents or landowners;
(c)
Shall not pollute the air in excess of standards set by federal or state statutes or
regulations;
(d)
Shall not create noises in excess of permitted levels established by federal or state
statutes or regulations, or East Hempfield Township ordinances;
(e)
Shall not exceed the blasting parameters established by the Pennsylvania Bureau of
Mining and Reclamation;
(f)
Shall not permit vibrations perceptible as detected by the adjacent or adjoining
landowner's natural innate sensory input at any adjoining or adjacent lot in different
ownership or at public rights-of-way;
(g)
Shall not permit the emission of dust, smoke, refuse matter, odor, gas, fumes, noise or
similar substances or conditions which can endanger the health, safety or general
welfare of any persons or adjacent lots or which can cause any soiling or staining of
persons or property at any point beyond the lot line of the use creating the emission;
(h)
Shall not impede the flow and/or degrade the quality of natural watercourses; and,
(i)
Shall be conducted in a manner which will not allow water to collect and permit
stagnant water to remain within mineral extraction operations or excavations.
The storage of explosives and blasting agents, the bulk storage of flammable or combustible
liquids and the bulk storage of liquefied petroleum gas must comply with the Township’s
Building Construction Code and all other state and federal regulations applicable to the types
of storage stated in this subsection.
At the time of application, an operations statement shall be submitted which shall include a
detailed description of methods for satisfactorily handling operations with respect to the
emission of noise, dust, blast, smoke, refuse matter or water, odor, gas, fumes or similar
substances or conditions which may endanger the health, safety, or general welfare or which
can cause any soiling or staining of persons or property beyond the lot lines. All such
operations statements shall be in full compliance with all applicable state and federal statutes
and regulations as well as this Ordinance. All pollution, soil erosion and sedimentation
control, and other environmental problems created during the operation including the
production, transportation, processing, stockpiling, storage and disposal of products,
byproducts and wastes shall be corrected by the operator.
At the time of application, a reclamation plan shall also be submitted setting forth the
following information:
(a)
An engineering drawing showing ownership, existing and future topography, streams,
existing streets, buildings, boundaries, and legal description of the lot;
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(b)
(17)
(18)
(19)
(20)
(21)
(22)
HH.
A description of the location, type, extent, methods, and time schedule for the
operation proposed;
(c)
A drawing showing the location and/or proposed relocation of land, trees, buildings,
structures, public streets, streams, drainage facilities, and utility lines on the lot or
adjacent lots as may require protection, repairs, clearing, demolition or restoration
either during or following the completion of the operations proposed; and,
(d)
A plan for re-use of the land after completion of the operations which shall permit the
carrying out of the purposes of this Article and appropriately provide for any
restoration, reclamation, reforestation or other correction work deemed necessary and
which shall comply with all applicable state and federal statutes and regulations
governing the reclamation of the proposed facility. Such re-use plan shall comply with
the filing requirements of Article 9, Administration and Enforcement.
As a condition of approval, the operator must certify that after the termination of operations,
he must rehabilitate the area to conform to the reclamation plan and all applicable federal and
state statutes and regulations.
Within ninety (90) days after the commencement of mineral extraction operations and each
year thereafter, the operator shall file an operations and progress report with the Township
Zoning Officer and/or Township Engineer setting forth the following:
(a)
The name, address and telephone number of the operator;
(b)
The location of the operation with reference to the nearest public street;
(c)
A description of the lot or lots, including a site plan showing the location of all
improvements, stockpiles, quarry pits, etc.;
(d)
The name and address of the landowner or his duly authorized representative;
(e)
An annual report of the type and quantity of material produced;
(f)
The current status of the reclamation work performed pursuant to the approved
reclamation plan;
(g)
A maintenance report for the site verifying that all required fencing, berm construction
and screening has been specifically inspected for needed repairs and/or maintenance
and that such needed repairs and/or maintenance have been performed; and,
(h)
Verification that the proposed use continues to comply with all applicable state
regulations. The operator shall furnish copies of any approved permits and/or any
notices of violations issued by the PA Department of Environmental Protection (DEP)
to the Township Zoning Officer and/or Township Engineer.
A five hundred (500) foot setback shall be maintained from all lot lines during the operation of
the mineral extraction within which quarrying or mining activities, including blasting and
stone crushing, shall not be permitted.
No structures or parking areas shall be located closer than one hundred (100) feet to any lot
line.
Waste products or waste containers may be placed within side and rear yards, provided that
they are screened from adjoining streets and lots. All such containers shall be set back not less
than one hundred (100) feet from any adjoining lot. All such containers shall be completely
enclosed by a solid fence or wall.
Where screening, plantings or fencing has been installed, such screening, plantings and
fencing shall be permanently maintained. All required plant materials which die, shall be
promptly replaced in accordance with recognized nursery standards. All fencing shall be
maintained in good repair.
MOBILE HOME PARKS
(1)
Minimum Lot Area: 2 acres
(2)
All mobile home parks shall be served by the appropriate area public water and public sewer
authority(s).
(3)
Minimum separation of dwelling units within a mobile home park shall be fifteen (15) feet.
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(4)
(5)
(6)
(7)
(8)
Maximum Residential Density: 8 dwelling units/acre.
All mobile home parks will have a landscaped buffer strip and shall follow “B” type landscape
buffer requirements in accordance with §270-4.10.
Wherever three (3) or more mobile homes occupy or are intended for occupancy on a single
lot, and to which a majority of the dwelling units are 3 bedrooms or more, at least one
common area should be provided for active and passive recreation. Such area shall be at a
minimum of 10,000 square feet.
Parking shall be provided in accordance with Article 8, and parking design standards shall be
in accordance with the East Hempfield Township Subdivision and Land Development
Ordinance, as amended. Access to all parking spaces shall be limited to interior access drives
within the mobile home park. In no case shall access to such parking spaces be provided from
adjoining public streets.
A minimum of thirty percent (30%) of the total lot area of the mobile home park shall be
reserved for passive and/or active recreation in addition to any required recreation space as
required in §265-7.6.
II.
MOTOR VEHICLE FUELING STATIONS (INCLUDING MINOR INCIDENTAL REPAIR)
(1)
The subject property shall be set back at least three hundred (300) feet from any lot containing
a residence, school, day care facility, playground, library, hospital or nursing, rest or
retirement home.
(2)
For non-24 hour operation facilities, hours of operations shall be limited to 6:00 am to 11:00
pm. 24 hour facilities shall be permitted by special exception.
(3)
The outdoor storage of motor vehicles (whether capable of movement or not) for more than
two weeks is prohibited.
(4)
Any lighting shall be designed so as to be oriented downward or into the site. Excessive glare
and lighting shall not be allowed to spill over onto adjacent streets or adjacent lots.
(5)
All structures (including gasoline pump islands, but not permitted signs) shall be set back at
least thirty (30) feet from any street right-of-way line.
(6)
No outdoor storage of auto parts shall be permitted.
(7)
Access driveways shall meet the design criteria of the Township Road Ordinance.
(8)
All ventilation equipment associated with fuel storage tanks shall be set back one hundred
(100) feet and oriented away from any adjoining residentially-zoned lots.
(9)
Outdoor PA systems shall not cause an undue hardship on adjacent lots.
(10)
Deliveries shall not hinder the flow of traffic on the public streets nor block building access
points during open hours.
(11)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a
manner that complies with state and federal regulations.
JJ.
MOTOR VEHICLE SALES, LEASING AND SERVICE
(1)
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded,
as part of the service or repair operation, shall be permitted.
(2)
All exterior vehicle storage areas shall meet the screening requirements of §270-4.10 and the
East Hempfield Township Subdivision and Land Development Ordinance, as amended.
(3)
All service and repair activities shall be conducted within a completely enclosed building.
(4)
Vehicles may be stored in a horizontal stacked configuration; however, no vehicles shall be
located more than one hundred (100) feet from an on-site access drive.
(5)
All vehicles stored within a parking compound must be operable and have a current inspection
sticker.
KK.
NIGHTCLUBS
(1)
No nightclub shall be located within one thousand (1,000) feet of any existing residence or any
residentially-zoned land.
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
No nightclub shall be located within one thousand (1,000) feet of any parcel of land which
contains any one or more of the following specified land uses:
(a)
Amusement Park
(b)
Camp (for Youth Activity)
(c)
Day Care Services, Family and Commercial
(d)
(e)
Place of Worship
(f)
Museum
(g)
Park
(h)
Playground
(i)
School
(j)
Other lands where minors congregate
All doors at secondary and emergency entrances and exits shall be closed by 10:00 p.m. except
during bona fide emergencies.
There shall be no outdoor PA systems.
All activities shall be conducted entirely within the enclosed structure, except the following:
(a)
The checking of patrons’ identifications;
(b)
Valet parking activities; and
(c)
Outdoor guest seating on a fully enclosed deck or patio that can be accessed only from
within the building except for an emergency exit.
The hours of operation for nightclubs shall be approved by the Board of Supervisors at the
time of the conditional use approval.
When reviewing an application to increase the hours of operation for a particular nightclub,
the Board of Supervisors shall take into consideration the potential impacts of the use upon
adjacent uses, occupancy loads of the use, and the history of past violations of Township
ordinances which regulate the operation of the nightclub.
The structure housing the nightclub shall be adequately soundproofed so that the interior noise
is not audible beyond the lot line with the doors closed.
LL.
PLACES OF WORSHIP
(1)
All buildings with a larger footprint than the surrounding dwellings shall be setback at least
100 feet from all residential lot lines.
(2)
Parking lot and exterior lighting will be designed as to not interfere with adjacent residential
uses, and all lights not needed for safety or security will be turned off by 10:00 pm or when
the facility is not in use.
(3)
Expert evidence shall be provided and controls will be put in place to insure that noise,
parking, and traffic will not unreasonably interfere with the surrounding residential uses.
(4)
Landscaping shall be provided in accordance with §270-4.10 and with §265-8.7 of the East
Hempfield Subdivision and Land Development Ordinance, as amended.
MM.
PRIVATE CLUBS
(1)
No part of the subject property shall be located within six hundred (600) feet from any
residential dwelling or school.
(2)
(3)
(4)
The applicant shall provide a property maintenance plan for routine cleanup of litter.
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Page 119
NN.
RECYCLING FACILITIES
(1)
Operation and Regulatory Compliance: All principal waste handling facilities for “municipal
and residual wastes,” shall comply with all state regulations as defined by the PA Department
of Environmental Protection (DEP).
(2)
Treatment Compliance: The applicant must demonstrate compliance (through a written
statement) and continue to comply with all applicable state and federal standards and
regulations. The unloading, processing, treatment, transfer, and disposal of waste shall be
continuously supervised by a qualified facility operator.
(3)
Waste Processing and Treatment: Any processing and/or treatment of waste (including but not
limited to incineration, composting, steaming, shredding, compaction, material separation,
refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly-enclosed building.
(4)
Setback Requirements: See appropriate zone design standards.
(5)
Access Requirements: In order to protect against indiscriminate and unauthorized dumping, all
areas of the site shall be protected by locked barricades, fences, gates or other positive means
designed to deny access to the area at unauthorized times or locations.
(6)
Performance Standards:
(a)
Litter Control: Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted to the Township.
(b)
Recycled Waste: Any waste that is to be recycled shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by
wind or water.
(c)
Container Storage: These containers shall be stored within a completely-enclosed
building.
(7)
Waste Storage and Disposal:
(a)
All storage of waste shall be indoors in a manner that is leak- and vectorproof.
(b)
During normal operation, no more waste shall be stored on the lot than is needed to
keep the facility in constant operation; but, in no event for more than seventy-two (72)
hours.
(c)
A contingency plan for the disposal of waste during a facility shutdown shall be
submitted to the Township.
(8)
Traffic Analysis: The applicant shall provide a qualified traffic analysis in accordance with the
East Hempfield Township Subdivision and Land Development Ordinance, as amended.
OO.
REGIONAL COMMERCIAL SPORTS FACILITIES
(1)
The subject property shall have a minimum lot size of 20 acres and a minimum building size
of 300,000 square feet.
(2)
The subject property shall be serviced with public water and sewer.
(3)
The subject property may contain more than one principal structure. This may include domes
for outdoor field and court sports.
(4)
The subject property must front on and have access to a collector or arterial street and be
within one half (½) mile of an interchange of a limited access highway.
(5)
Accessory uses may include, but are not limited to, the following listed uses. All such uses
must be accessory to or subordinate to the principal use as a regional commercial sports
facility and must be contained within the principal building(s) for the regional commercial
sports facility except where noted below. Except as specifically provided below, the total area
for each individual accessory use shall be no more than five (5%) percent of the total building
area. In addition, the total area for accessory uses excluding the area of the alternative energy
sources, shall not exceed, in the aggregate, thirty-five (35%) percent of the total building area:
(a)
Retail Sales of Goods
(b)
Restaurants including Fast Food (excluding drive thru service)
(c)
Post Secondary Schools
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(d)
(e)
(6)
(7)
(8)
(9)
(10)
Day Care Services
Food and Beverage Concessions (may include outdoor, temporary concession
facilities)
(f)
Medical and Dental Offices and Clinics
(g)
Library
(h)
Auditorium, Conference and Meeting Spaces
(i)
Arcades
(j)
Go-Carts, may not exceed ten (10%) percent of total building area
(k)
Lodging, may not exceed ten (10%) percent of total building area
(l)
Accessory Alternative Energy Sources (may be located outside including on the roof
of the principal structures), with no maximum size
When outdoor lighting of fields is provided, a lighting plan prepared by a qualified
professional licensed in the Commonwealth of Pennsylvania must be provided and approved
by the Township. All outdoor lighting shall be arranged to restrict glare on adjacent residential
lots.
All outdoor lighting for sports activities must be turned off by 11:00 p.m. on weekdays
(Monday through Thursday) and 12:00 a.m. on weekends (Friday through Sunday) and
holidays and shall remain off until at least 8:00 am the following day. This does not include
required building lights or parking lot lights. If the outdoor lighting for an athletic field is
located within one hundred (100) feet of a residentially zoned lot or a residential use, the
outdoor lighting for such sports activities must be turned off by 10:00 p.m. and shall remain
off until at least 8:00 am the following day.
Any outdoor Public Address (PA) systems must follow the regulations in Chapter 170 (Noise
Ordinance), and shall be turned off by 10:00 p.m. and must remain off until at least 8:00 am
the following day.
Loading facilities shall be provided and clearly marked.
Required parking will be based on the following schedule:
(a)
One (1) parking space for each 1,475 square feet of building area and four (4) spaces
per each acre of open space, including outdoor sports fields.
(b)
There shall be provision for bus parking.
(c)
A minimum of one space shall be reserved for emergency vehicles.
(d)
Additional parking for peak use periods may be provided in grass overflow parking
areas utilizing stabilization products. Such overflow parking areas shall be accessible
only from the interior driveways of the permanent parking lot.
(e)
Parking for peak periods may also be provided at off-site locations.
PP.
RESTAURANTS
(1)
All outdoor seating areas shall be located outside of any street right-of-way.
(2)
When sidewalks are used a clear area must be maintained for the free flow of pedestrians.
This area must meet ADA and building code requirements.
(3)
A physical barrier of vegetation, curbing, fencing, or other similar material shall be maintained
between the seating area and the street or parking area pavement.
(4)
Parking requirements are the same as for indoor seating requirements for the principle use or
for a similar restaurant use.
QQ.
SCHOOLS, K-9, 9-12, POST-SECONDARY
(1)
Schools, K-9 shall provide recreation areas.
(2)
Passenger drop-off and pickup areas shall be provided and arranged so that students do not
have to cross traffic lanes on or adjacent to the site
(3)
Within the A Zone, schools shall only offer education from kindergarten through grade eight,
and no school shall contain more than two (2) acres of lot area.
(4)
Within the VC Zone, schools shall include Primary and Secondary only.
Revised 1/17/14
Article 5
Page 121
(5)
All schools shall follow all Department of Education requirements with regards to site
development as well as any other applicable state and federal regulations.
RR.
SELF STORAGE FACILITIES
(1)
Off-street parking spaces shall be provided for self storage facilities according to the schedule
listed in Article 8 of this Ordinance.
(2)
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall
be at least twenty-six (26) feet wide when cubicles open onto one (1) side of the lane only and
at least thirty (30) feet wide when cubicles open onto both sides of the lane.
(3)
Required parking spaces may not be rented as, or used for, vehicular storage. However,
additional external storage area may be provided for the storage of privately-owned travel
trailers and/or boats, so long as such external storage area is screened from adjoining
residentially-zoned lots and adjoining streets, and is located behind the minimum front yard
setback line. This provision shall not be interpreted to permit the storage of partially
dismantled, wrecked, or inoperative vehicles.
(4)
All storage shall be kept within an enclosed building except as noted in (3) above
(5)
The storage of flammable, highly combustible, explosive or hazardous chemicals shall be
prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels
shall be stored only in an external storage area as described above.
(6)
A site manager shall be responsible for maintaining the operation of the facility in
conformance with the conditions of approval and all applicable ordinances.
(7)
Because of the danger from fire or explosion caused by the accumulation of vapors from
gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair,
construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited.
(8)
Mini-warehouses shall be used solely for the storage of property. The following lists
examples of uses expressly prohibited upon the site:
(a)
Auctions, commercial wholesale or retail sales, or garage sales.
(b)
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers,
appliances, or other similar equipment.
(c)
The operation of power tools, spray-painting equipment, table saws, lathes,
compressors, welding equipment, kilns, or other similar equipment.
(d)
The establishment of a transfer and storage business.
(e)
Any use that is noxious or offensive because of odors, dust, noise, fumes, or
vibrations.
(9)
The applicant shall adequately demonstrate that all mini-warehouses rental and/or use
contracts shall specifically prohibit these uses.
SS.
SHOPPING COMPLEXES
(1)
Design standards in applicable zones shall apply in addition to the following:
(a)
Shopping complexes shall meet the following conditions:
[1]
Maximum floor area for retail businesses (except grocery): 25,000 sf
[2]
Maximum floor area for grocery stores: 65,000 sf
(b)
The shopping complex shall provide a central pedestrian walkway or green that is
accessible from the street and parking area, and shall be landscaped.
(c)
Each storefront or building shall be distinctly separated architecturally by, but not
limited to, recesses and or projections from the next storefront. Such design elements
shall be designed from ground to roof in order to provide a vertical orientation to the
structures.
(d)
Visual screening/landscaping in §270-4.10 shall apply.
(e)
The minimum distance between buildings on a lot shall be 30 feet to allow for a 20foot fire department access lane and 5 feet for foundation plantings around each
building.
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Page 122
(f)
(g)
The site shall incorporate pedestrian walkways, parking and pedestrian lighting,
benches and other structures into the overall complex. All elements shall be designed
in keeping with the architectural character and theme of the shopping complex.
Shall meet parking and sign requirements in Articles 7 and 8.
TT.
TWO-FAMILY CONVERSION
(1)
A single-family detached dwelling may be converted into two (2) dwelling units subject to the
following:
(a)
The applicant shall furnish evidence that an approved system of water supply and
sewage disposal will be utilized.
(b)
No extensions or modifications to the external appearance of the building (except fire
escapes), which would alter its residential character, shall be permitted.
(c)
All floors above and below grade shall have direct means of escape to ground level.
(d)
The applicant shall obtain any required land development approvals.
(e)
Each dwelling unit shall meet all applicable building codes as required.
UU.
VETERINARY HOSPITALS/CLINICS
(1)
Animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls, or
runways shall be located within the rear yard.
(2)
Animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or
runways shall be a minimum of one hundred (100) feet from all lot lines.
(3)
All pasture and outdoor recreation areas shall be fenced to prevent the escape of animals, with
such fencing having a setback of at least twenty five (25) feet from all lot lines.
(4)
All animal wastes shall be regularly removed and disposed from the premises.
(5)
The owner/operator of the veterinary hospital or clinic shall be responsible to exercise suitable
control over the animals and shall not allow a nuisance condition to be created in terms of
excessive noise, dirt, or odor.
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Page 124
ARTICLE 6
NONCONFORMITIES
§270-6.1
INTRODUCTION
Zoning nonconformities are existing uses, structures or lots that were legally established prior to a change in
zoning provisions and which do not comply with new ordinance standards. When East Hempfield Township
revises land use policies and zoning regulations in response to comprehensive planning or new zoning updates
existing uses may become nonconforming. This section provides guidance for the continuation, restoration,
replacement or expansion of such nonconforming uses.
§270-6.2
CONTINUATION
Except as otherwise provided in this section, any use, building, or structure lawfully existing at the time of
enactment of this Ordinance may be continued, although it is not in conformity with the regulations specified
by this Ordinance.
§270-6.3
ABANDONMENT
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of
one (1) year or more, such use shall be deemed abandoned and the subsequent use of such building, structure
or land shall be in conformity with the provisions of this Ordinance.
§270-6.4
EXPANSION OF DIMENSIONALLY NONCONFORMING BUILDINGS AND
STRUCTURES
A building or structure in existence at the time of enactment of this ordinance that is nonconforming for
dimensional reasons can be expanded, as long as the expansion does not increase the nonconformity and the
new construction complies with the other applicable sections of this Ordinance.
§270-6.5
NONCONFORMING LOTS
A.
A building which is nonconforming as to lot area may be expanded as long as all setback requirements
are met.
B.
A lot or tract in existence at the time of the enactment of this Ordinance that does not meet the criteria
of the Ordinance is nonconforming. Nonconforming lots can be built upon as long as they meet all
other Ordinance requirements.
§270-6.6
EXPANSION OR ALTERATION OF A NONCONFORMING USE
A.
Any nonconforming use or structure may be expanded or altered through the obtainment of a special
exception.
B.
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective
date of this Ordinance, or any amendment thereto, creating the nonconformity.
C.
The total of all such expansions or alterations of use shall not exceed an additional fifty percent (50%)
of the actual area of those buildings or structures devoted to the nonconforming use as they existed on
the date on which such buildings or structures first became nonconformities.
Revised 1/17/14
Article 6
Page 125
D.
The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was
created.
E.
The applicant shall furnish a detailed development plan for the site showing:
(1)
Extent to which a use/building/structure will be expanded;
(2)
Vehicular access, off-street parking and off-street loading consistent with standards required
by this Ordinance;
(3)
Yards, building height and building area consistent with the standards required for permitted
uses in the zone in which the nonconformity in question is located; and
(4)
Buffers and screens, including, but not limited to, fences, walls, plantings and open spaces, to
be provided as necessary to adequately protect neighboring lots.
F.
Appearance should be harmonious with surrounding lots including, but not limited to, landscaping,
enclosure of principal and accessory uses, height control, sign control, architectural control and
maintenance of all improvements and open spaces.
G.
The expansion shall not create new dimensional nonconformities or further increase existing
dimensional nonconformities.
H.
No expansion of a nonconforming building or structure or a nonconforming use located outside of a
structure existing on the effective date of this Ordinance shall be permitted in a floodplain.
I.
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind
to a nonconforming use or structure located in a floodplain shall be permitted when either elevated
above the base flood elevation or flood-proofed.
J.
In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable
increases in flood height, velocities or frequencies.
§270-6.7
SUBSTITUTION OR REPLACEMENT
Any nonconforming use may be replaced or substituted by another nonconforming use by special exception.
The following criteria will be used, in addition to East Hempfield Township Zoning Hearing Board (ZHB)
evaluation, approval, denial or condition setting on the special exception application:
A.
The proposed use is permitted in the zone in which the nonconforming use would be a permitted use,
or in a more restrictive zone than the zone in which the nonconforming use would be a permitted use;
B.
The proposed use shall not generate more traffic than the existing nonconforming use;
C.
The proposed use, if commercial or industrial in nature, shall not have longer hours of operation than
the existing nonconforming use;
D.
The proposed use shall not generate higher levels of noise, smoke, or glare off of the lot than the
existing nonconforming use;
E.
The proposed use or uses cannot increase the number of existing nonconforming uses; and,
F.
A conforming use cannot be established together with a substitution of nonconforming uses.
Revised 9/20/13
Article 6
Page 126
§270-6.8
RESTORATION
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by
fire, explosion, windstorm, or other similar active cause may be reconstructed in the same location, provided
that:
A.
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or
destroyed building or structure, and such reconstructed building or structure shall not increase any
dimensional nonconformities; and,
B.
Reconstruction shall begin within one (1) year from the date of damage or destruction, and shall be
carried on without interruption.
§270-6.9
PREVIOUSLY EXPANDED NONCONFORMING USES AND STRUCTURES
It is the express intent and purpose of this Ordinance that if a building, structure, sign or land was expanded or
extended to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized
by a prior zoning regulation or Ordinance, no further expansion of said building, structure, sign, or land shall
be authorized. In the event a nonconforming building, structure, sign, or use of land was expanded to a portion
of the limits of expansion authorized by a prior zoning regulation or Ordinance, additional expansion if
permitted by this Ordinance shall only be authorized to the amount of expansion not previously utilized
pursuant to said prior zoning regulation or Ordinance.
Revised 9/20/13
Article 6
Page 127
Revised 9/20/13
Article 6
Page 128
ARTICLE 7
SIGN REGULATIONS
§270-7.1
INTRODUCTION
It is the intent of East Hempfield Township to regulate permanent or temporary signs and billboards. This
Article provides guidance on sign type, location and placement, height, size, area and lighting as well as signs
that are prohibited or exempt from the regulations stated herein.
§270-7.2
SIGN AREA AND HEIGHT
The following guidelines shall apply when interpreting area and height regulations in this Article:
A.
AREA – The area of a sign shall be the area of the smallest rectangle, triangle, or circle that will
encompass all elements of the sign, such as letters, figures, symbols, designs, or other display.
(1)
When the sign is a separate unit, the area shall include any borders, framing, trim, decorative
attachments, background, and space between elements; it shall not include any supporting
structure unless that structure is illuminated, is in the form of a symbol, or contains advertising
elements.
(2)
When the sign is applied to a wall or otherwise has no definable edges, the area shall include
all color, artwork, or other means used to differentiate the sign from the surface upon which it
is placed.
(3)
When a single sign structure has more than one face with the same message, and no two sign
faces are more than three (3) feet apart at any point, the area shall be computed by determining
the greatest total area of all sign faces visible from any single location.
(4)
Three dimensional object signs will be measured for size by using the smallest cube box that
the sign would fit inside. All four sides of the cube box (does not include top & bottom) will
be added together. The sum of the four sides must be equal to or less than the maximum
square footage allowed for a two dimensional, two sided sign in the applicable zone.
B.
HEIGHT – The height of a sign shall be measured from the average ground level beneath the sign to
the highest point of the sign. The ground level shall be the lower of the ground level existing at the
time of construction or the ground level existing prior to construction and prior to any earth
disturbance at the site. This prior ground level may be established by any reliable source, including,
without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits
of people who are personally familiar with the site. No person(s) shall artificially increase the
maximum height of a sign by altering the grade at the base of the sign by any means.
(1)
No sign shall be higher than the height limitation of the zone in which it is located.
(2)
The height of freestanding signs shall be controlled by the regulations in §270-7.4.
(3)
Wall signs may be at any height on the wall to which they are attached, except that they may
not extend higher than five (5) feet above the top of the wall.
(4)
Roof signs may extend no more than five (5) feet above the lowest point where they are
attached to the building and may not extend above the highest point of the roof.
§270-7.3
GENERAL REGULATIONS
The following regulations shall apply to all signs, in addition to the specific regulations contained elsewhere in
this Article. Where the general regulations are contradicted by a specific regulation, the specific regulation
shall control.
A.
The following are exempt from the regulations herein:
(1)
Architectural features that may be identified with a particular business
Revised 1/17/14
Article 7
Page 129
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Signs located on approved public or private bus shelters
Backlit awnings that include no lettering, logos, or other symbols
Signs within a building that are obviously intended to be seen primarily from within the
building
Outdoor signs intended for use within a lot, such as menu signs by fast food restaurant drivethru lanes, signs with regulations within a park, and building identification signs within a
campus
Flags of governments or government agencies
Decorative seasonal and holiday banners
Displays of merchandise either behind store windows or outdoors
Birthday and special event displays
PennDOT signs, logo signs, street and traffic signs
Signs advertising events sponsored by East Hempfield Township
B.
All signs shall be constructed of durable materials, maintained in good condition, and secured in a safe
manner.
C.
All signs and their structural components shall meet the most current version of Stormwater and
Subdivision and Land Development Ordinances, as amended, and the Building Code adopted by East
Hempfield Township.
D.
When a sign becomes unsafe, the Zoning Officer shall give written notice to the landowner of the lot
on which the sign is located that the sign must be made safe or removed immediately.
E.
The areas surrounding all signs shall be maintained in a neat, clean, and safe condition.
F.
All signs shall be removed within three (3) months if the purpose for which they were erected no
longer exists.
G.
Each lot that displays one or more permanent freestanding signs must prominently display the address
on one permanent freestanding sign visible from the street. The address must include the street
number; the street name is optional. The address must be of a size and design that is easily identifiable
and legible from moving traffic in the street at a distance of one hundred (100) feet. The area taken up
by the address does not count as part of the sign area; center signs are exempt from this requirement.
The lettering on the sign shall meet the requirements of the current building code requirements.
H.
No sign shall be located within a street right-of-way except a real estate sign, open house sign,
government sign or a sidewalk sign on a pedestrian walkway in a business zone.
I.
No sign shall be placed within the clear sight triangle or clear sight stopping area of any motorized,
non-motorized, or pedestrian traffic using streets, parking areas, sidewalks, or trails. No sign within
the clear sight triangle should obstruct vision between the heights of thirty (30) inches and eight (8)
feet above the elevation of the centerline of the street.
J.
No signs shall be painted, pasted, nailed, stapled, or otherwise attached to utility poles, trees, fences,
fire hydrants, or in an unauthorized manner to walls or other signs, except insofar as such signs comply
with generally applicable rules, regulations, or policies formally adopted by the Township Board of
Supervisors.
K.
No sign shall be placed so as to obstruct any door, stairway, window, fire escape, or other means of
egress or ingress.
Revised 1/17/14
Article 7
Page 130
L.
Window displays will cover no more than twenty-five percent (25%) of the total transparent window
area; window displays will not require a permit if a sign permit exists.
M.
No sign shall be placed so as to obstruct ventilation or light into a building.
N.
OVERHEAD SIGNS – No overhead sign shall have a clearance of:
(1)
Less than eight (8) feet between any pedestrian walk and the lowest part of the sign; and
(2)
Less than 17'-6" (or PennDOT required height) between any street and the lowest part of the
sign.
O.
No sign shall have lights or other illuminating devices that constitute a public safety or traffic hazard
and shall not exceed 0.3 lumens at the lot line.
P.
No sign shall be permitted that imitates or that might be confused with an official traffic sign or signal,
such as containing the words “Stop” or “Danger” or including red, green, or yellow lights.
Q.
No sign or window display shall include a revolving beam or beacon of light resembling an emergency
vehicle or facility.
R.
No sign shall advertise activities or products that are illegal under federal, state or local laws or
regulations; nor shall any sign include statements, words or pictures that are considered to be vulgar,
obscene or pornographic.
S.
No flashing, rotating or oscillating signs shall be permitted except for time and temperature signs.
T.
Electronically changing messages, including digital signs, that do not flash are permitted.
U.
No sign shall emit smoke, visible vapors, particles, sound or odor.
V.
No sign shall be placed on an automobile, truck or other vehicle if that vehicle is being used primarily
for displaying such sign.
W.
Inflatable signs shall be permitted only as part of a temporary sign permit; this does not include
inflatable items in residential areas that are used to celebrate sporting events, birthdays, graduations,
etc.
X.
Mobile advertising signs or displays mounted on trucks or trailers shall be permitted as a temporary
sign and follow those regulations; this does not include mobile message boards.
Y.
No open flames shall be permitted as part of a sign, or in any other way to attract attention.
Z.
Advertising painted or displayed upon a barn or other structure shall be considered a sign, and shall
comply with the regulations of this Article.
AA.
Any sign that has been authenticated as historically significant and accurate for its specific location,
whether original or a replica, may be exempted from the regulations of this Article by the East
Hempfield Township Zoning Officer.
BB.
LIGHTED SIGNS
(1)
Signs may be interior lighted with non-glaring lights;
(2)
Signs may be externally lighted by lights that are shielded so there is no direct light
transmitted to other lots or public rights-of-way;
Revised 1/17/14
Article 7
Page 131
(3)
(4)
(5)
The light from any illuminated sign shall not adversely affect:
(a)
The safe vision of operators of vehicles moving on public or private streets or parking
areas;
(b)
Any residential zone; or
(c)
Any part of a building or lot used for residential purposes.
No lighting shall be permitted to outline buildings or structures, or parts thereof, through the
use of exposed neon tubing, strings of lights or other means, with the exception of customary
holiday decorations, which may be installed thirty (30) days prior to, and removed no later
than twenty-one (21) days after, the holiday; and,
Business signs, in other than a business zone, shall not be illuminated when the business is
closed.
CC.
DIGITAL SIGNS
(1)
These signs shall have lighting levels of no more than 0.3 foot-candles above the level of
surrounding ambient light conditions measured at the lot line;
(2)
The messages displayed shall change no more frequently than once every hour.
(3)
All digital signs shall be placed so that the viewable face(s) of the sign are perpendicular (not
parallel) to the street from which they are visible;
(4)
No sign shall display animated messages, including flashing, blinking, fading, rolling, shading,
dissolving, or any other effect that gives the appearance of movement;
(5)
No sign shall include any audio message;
(6)
Each sign message shall be complete in itself and shall not continue on a subsequent sign
message;
(7)
All signs shall contain a default mechanism that will cause the sign to revert immediately to a
black screen if the sign malfunctions.
(8)
Digital signs shall not be located within 200 feet of a residential zone.
DD.
INTEGRATED MESSAGE BOARDS – These are allowed on signs, and will count as part of the sign
face for size.
EE.
PORTABLE SIGNS
(1)
Portable signs that are used on one lot shall be allowed;
(2)
The most common signs are sandwich board signs and trailer/wheel-mounted, changeable
message boards: these signs will count against the square footage of signage allowed for the
use;
(3)
Only one portable sign shall be allowed per lot or, in the case of a land development, one for
the entire lot regardless of the number of tenant spaces;
(4)
Portable signs cannot exceed more than thirty percent (30%) of the total square footage of
signs allowed for a lot or tenant space; in no case shall these signs be placed in the right-ofway or block clear sight for traffic.
FF.
ARCHITECTURAL SIGNS – Permits will not be required for signs which are a permanent
architectural feature of a building or structure, such as a cornerstone; or identifying letters carved into
or embossed on a building, provided the letters are not made of a reflective material nor contrast in
color with the building. Such features will not count toward the allowed number and area of signs
according to this section.
GG.
LIGHT TRESPASS – The light for any signage shall not exceed .3 foot candles measured at the lot
line.
Revised 1/17/14
Article 7
Page 132
§270-7.4
SPECIFIC REGULATIONS
A.
Table 270-7.4.1 and 270-7.4.2 provide regulations for specific kinds of signs in each zone: Table 2707.4.1 provides regulations for permanent signs (see pages 132-134), and Table 270-7.4.2 provides
regulations for temporary signs (see page 135). Sign types not provided for in these Tables, or
anywhere else in this Article, shall not be allowed.
B.
ISSUE SIGNS – Issue signs shall be allowed in all zones. Although these signs do not require
permits, the following regulations will apply:
(1)
In residential zones, the maximum size is nine (9) square feet, the maximum height is ten (10)
feet, it must be set back at least ten (10) feet from all rights-of-way and lot lines, and it may
not be lit or animated;
(2)
In all other zones, the maximum size is thirty-two (32) square feet, and the maximum height is
twelve (12) feet; and
(3)
In all non-residential zones, signs must be set back at least ten (10) feet from all rights-of-way
or lot lines; this increases to fifteen (15) feet on collector streets.
C.
BILLBOARDS – Within the Enterprise (E) Zone, billboards and digital billboards are permitted by
conditional use, subject to the following criteria:
(1)
No billboard or digital billboard sign shall be located within one thousand (1,000) feet of
another billboard;
(2)
All billboards shall be a minimum of fifty (50) feet from all side and rear lot lines;
(3)
All billboards shall be set back at least thirty-five (35) feet from any street right-of-way lines;
(4)
All billboards shall be set back at least one thousand (1,000) feet from any land within a
residential zone;
(5)
No billboard shall obstruct the view of motorists on adjoining streets, or the view of adjoining
business uses, which depend upon visibility for identification (see also digital signs);
(6)
No billboard shall exceed an overall size of three hundred (300) square feet, nor exceed
twenty-five (25) feet in height;
(7)
All lots upon which a billboard is erected shall be regularly maintained so as not to create a
nuisance by means of weeds, litter or vector habitation;
(8)
Conversion of a standard billboard into a digital billboard requires a sign permit be obtained;
and
(9)
Sign maintenance. The maintenance, repair, cleaning and replacement of parts of the digital
component shall be expressly allowed regardless of the conformity of the structure or site.
This also applies should the sign and/or digital components become damaged.
§270-7.5
PERMITTING PROCEDURES AND FEES
Permits for the placement of signs are required as indicated by the last column in Tables 270-7.4.1 and 2707.4.2. Sign permit application requirements, such as forms, plans, and fees, shall be established by the
Township Board of Supervisors by resolution from time to time.
§270-7.6
NONCONFORMING SIGNS
Nonconforming signs may continue to be displayed as long as there is compliance with the following
limitations and conditions:
A.
There may be no expansion or increase in the nonconformity in any way.
Revised 1/17/14
Article 7
Page 133
B.
Maintenance and repair of the sign is permitted. If necessary, up to fifty percent (50%) of the entire
area of a sign and its supporting structure may be replaced in the event of damage, and any such
replacement must be completed within six (6) months of the damage occurring.
C.
The sign must be brought into conformity if, for a period of at least three (3) months, the message has
no longer applied to an activity on the lot.
§270-7.7
ORDER SIGN REMOVAL
The East Hempfield Township Zoning Officer will notify any landowner or business in writing of his intent to
have a sign removed. He shall have the authority to order any sign to be removed if a sign:
A.
Is found to block traffic or cause significant driver distraction;
B.
Encroaches upon rights of way or easements; or
C.
Is shown to be a danger to people or vehicles.
Revised 1/17/14
Article 7
Page 134
Revised 1/17/14
VC
All
BUSINESS
& ID
SIGNS
HOMEBASED
BUSINESS
SIGN
A
H
RB
RM
(non
residen
-tial
uses
only)
BUSINESS
& ID
SIGNS
FARMBASED
BUSINESS
SIGN
E
C
CBC
RBC
ME
RB
ZONE
BUSINESS
& ID
SIGNS
(EXCEPT
CENTER
SIGNS)
KIND OF
SIGN
2 per lot
1 per tenant
space
2 per business
2 per lot
2 per tenant
space
MAXIMUM
PERMITTED
NUMBER
12 sq. ft.
2.25 sq. ft.
(18in x18in)
72 sq. ft./sign
64 sq. ft.
160 sq. ft.
MAXIMUM
PERMITTED
AREA
TOTAL SIGNS ON LOT
1 per lot
1 per tenant
space
1 per
business
1 per lot
1 per tenant
MAXIMUM
PERMITTED
NUMBER
12 sq. ft.
2.25 sq. ft.
40 sq. ft.
32 sq. ft.
See other
Digital sign
Requirements
herein
80 sq. ft.
MAXIMUM
PERMITTED
AREA
20 ft.
6 ft.
20 ft
20 ft.
20 ft.
MAXIMUM
PERMITTED
HEIGHT
FREESTANDING SIGNS
6 ft.
5 ft. from edge of
curb or shoulder
unless part of
mail box.
12 ft.
12 ft.
See note 2
12 ft.
MINIMUM
REQUIRED
SETBACK
FROM STREET
RIGHT-OFWAY
1 per lot
1 per lot
2 per
business
1 per lot
1 per tenant
MAXIMUM
PERMITTED
NUMBER
24 sq. ft.
2.25 sq. ft.
32 sq. ft./sign
32 sq. ft.
80 sq. ft.
MAXIMUM
PERMITTED
AREA
BUILDING SIGNS
TABLE 270-7.4.1 – REGULATIONS FOR PERMANENT SIGNS
Home-based
business signs and
farm-based
business signs may
include a name, an
address, an
occupation or
activity, and a logo
or trade-mark;
illumination is
prohibited.
Window displays
allowed.
Window displays
allowed.
Corner lots may
have one
additional
freestanding or
building sign to be
placed on 2nd
frontage.
If a center sign is
used each tenant
may not have a
freestanding sign.
OTHER
REQUIREMENTS
YES
YES
YES
YES
YES
PERMIT
REQUIRED
TABLE 270-7.4.1 – REGULATIONS FOR PERMANENT SIGNS
Article 7
Page 135
Revised 1/17/14
Article 7
Page 136
E
C
CBC
RBC
ME
RB
E
CBC
RBC
C
VC
All
BILLBOARD,
DIGITAL
BILLBOARD
SIGNS
DIGITAL
SIGNS
DEVELOPMENT SIGN
ZONE
CENTER SIGN
KIND OF
SIGN
For each
residential
development, 1
per principal
entrance, up to
maximum of 2
entrances
1 per lot
See other
Billboard Sign
requirements
herein
1
1 per street
frontage or
access if drives
are more than
500 ft apart
MAXIMUM
PERMITTED
NUMBER
40 sf.
80 sf.
300 sq. ft.
140 sq. ft.
MAXIMUM
PERMITTED
AREA
TOTAL SIGNS ON LOT
For each
residential
development,
1 per
principal
entrance, up
to maximum
of 2 entrances
1 per lot
See other
Billboard
Sign
requirements
herein
1
1 per lot
MAXIMUM
PERMITTED
NUMBER
40 sf.
80 sf.
300 sq. ft.
140 sq. ft.
MAXIMUM
PERMITTED
AREA
6 ft. in RL &
RM Zones;
20 ft. in all
other zones
20 ft.
25 ft.
20 ft.
MAXIMUM
PERMITTED
HEIGHT
FREESTANDING SIGNS
10 ft.
See note 2
12 ft.
35 ft.
12 ft.
MINIMUM
REQUIRED
SETBACK
FROM STREET
RIGHT-OFWAY
N/A
N/A
N/A
N/A
MAXIMUM
PERMITTED
NUMBER
N/A
N/A
N/A
N/A
MAXIMUM
PERMITTED
AREA
BUILDING SIGNS
TABLE 270-7.4.1 – REGULATIONS FOR PERMANENT SIGNS (Continued)
Development signs
are allowed only
for residential
developments.
They may include
only the name of
the development
and may not
include any
commercial
advertising.
Subject to approval
as a conditional use
and subject to
additional
requirements in
Section 270-7.4.C.
In addition, a
billboard may have 2
surfaces with total of
2 messages, as long
as surfaces are backto-back or at angle of
less than or equal to
45°.
Only for centers
such as shopping
centers, office
complexes, health
campuses and
industrial parks
which require a
minimum of 3 or
more tenants.
OTHER
REQUIREMENTS
YES
YES
YES
PERMIT
REQUIRED
Revised 1/17/14
Article 7
Page 137
All
All
PUBLIC USE
SIGN
ZONE
INCIDENTIAL
SIGN
KIND OF
SIGN
40 sf.
2.25 sf.
No limit
1 building
sign per lot
and 1
freestanding
sign per
principal
entrance
MAXIMUM
PERMITTE
D AREA
MAXIMUM
PERMITTED
NUMBER
TOTAL SIGNS ON LOT
1
freestanding
sign per
principal
entrance
No limit
MAXIMUM
PERMITTED
NUMBER
40 sf.
2.25 sf.
MAXIMUM
PERMITTE
D AREA
10 ft. in RL &
RM Zones; 20
ft. in all other
zones
6 ft.
MAXIMUM
PERMITTED
HEIGHT
FREESTANDING SIGNS
10 ft.
10 ft., except no
setback is
required if sign
is no more than
30” high
MINIMUM
REQUIRED
SETBACK
FROM STREET
RIGHT-OFWAY
N/A
40 sf.
1 per lot
MAXIMUM
PERMITTED
AREA
N/A
MAXIMUM
PERMITTED
NUMBER
BUILDING SIGNS
TABLE 270-7.4.1 – REGULATIONS FOR PERMANENT SIGNS (Continued)
OTHER
REQUIREMENTS
YES
NO
PERMIT
REQUIRED
Revised 1/17/14
From 48 hours before sale
to end of day of sale.
Until 5 days after
completion of activity they
advertise.
No limit
Maximum 30 days
Per event
All
All
All
A
E
H
CBC
C
RBC
VC
RB
ME
RM
GARAGE/YARD
SALE SIGN
REAL ESTATE
SIGN
SIDEWALK
SIGN
TEMPORARY
SIGN
Inflatable signs shall be
allowed for 14 days at a
time, 28 days per year in
any combination of days
added together.
During construction
PERMITTED TIME FOR
DISPLAY
All
ZONE
CONTRACTOR
SIGN
KIND OF SIGN
20 ft
Inflatable 35ft
Inflatable – no
requirement
1 Inflatable sign
per
tenant
4 ft.
10 ft.
6 ft.
10 ft.
MAXIMUM
PERMITTED
HEIGHT
30 sq ft
6 sf. Per face
40 sq. ft.
Or 6 sq. ft. in
residential zones
6 sq. ft.
24 sq. ft.
MAXIMUM
PERMITTED
AREA
2 per tenant
1 per tenant
frontage, up to
2 per lot
1 per street
frontage, up to
2 per lot
1 per sale per
lot
1 per contractor
per lot
MAXIMUM
PERMITTED
NUMBER
10 ft
Inflatable 40 ft
Not applicable
10 ft.
10 ft.
20 ft.
MINIMUM
REQUIRED
SETBACK
FROM
STREET
RIGHT-OFWAY
TABLE 270-7.4.2 – REGULATIONS FOR TEMPORARY SIGNS
Off- premise special event
signs are allowed only in
Industrial, A, CC, NBC,
CBC, & RBC zones.
In RM only non-residential
uses may have Temporary
signs.
15 ft side yard setback
Shall not be more than 24”
wide and 48” high if placed
next to curb. Distance
between sidewalk signs shall
be at least 15’. Minimum of
4’ of unobstructed walkway
shall be maintained.
Not permitted off-premise.
Also see Note 1.
Not permitted off-premise.
Also see Note 1.
May not be illuminated. Not
permitted off premise.
If there are 4 or more on a lot,
they must be combined in a
single display by attaching
them to a single background
panel or frame. The
background is not included in
calculating the sign area.
OTHER REQUIREMENTS
YES
NO
NO
NO
NO
PERMIT
REQUIRED
TABLE 270-7.4.2 – REGULATIONS FOR TEMPORARY SIGNS
Note 1 - Signs which are not removed within the time limits may be removed and impounded by the Township, and the Township may recover a
fee equal to the cost of removal and storage.
Note 2 - Setback is twelve (12) feet from both property lines and street right-of-way lines.
Article 7
Page 138
ARTICLE 8
ON AND OFF-STREET PARKING AND LOADING
§270-8.1
INTENT
All businesses, residences and other permanent or temporary uses have the responsibility of providing
adequate on or off-street parking and loading facilities. This Article provides parking and loading space
requirements and standards for a variety of land use categories.
§270-8.2
GENERAL REQUIREMENTS
A.
Off-street parking shall be required in accordance with the provisions of this Article prior to the
occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall
be provided whenever:
(1)
A building is constructed or a new use is established;
(2)
The use of an existing building is changed to a use requiring more parking facilities; or
(3)
An existing building or use is altered or enlarged so as to increase the amount of parking
spaces required.
B.
All parking and loading spaces shall be designed in accordance with the East Hempfield Township
§270-8.3
SITE PLAN APPROVAL
A.
Each application for a zoning permit for a use for which parking spaces are required shall include a
site plan showing the proposed layout of the lot. The plan shall clearly indicate all of the parking lot
and loading area design requirements for surfacing, separation from streets and sidewalks, drainage,
parking space size, handicap accessibility, interior drive widths, marking of parking spaces, curvature
and horizontal curves, dead-end lots, lighting, access drives, landscaping and screening requirements,
and speed bumps in accordance with the East Hempfield Subdivision and Land Development
Ordinance, as amended.
B.
No zoning permit shall be issued for any use for which parking spaces are required unless the site plan
has been approved or necessary variances have been obtained.
§270-8.4
CALCULATIONS OF AMOUNTS OF REQUIRED PARKING
A.
When computing parking spaces based on floor area, areas used for parking are not counted.
B.
The number of parking spaces is computed based on the primary uses on the site except as stated in
Paragraph C, below. When there are two or more separate primary uses on a site, the required parking
for the site is the sum of the required parking for the individual primary uses.
C.
When more than twenty percent (20%) of the floor area on a site is in an accessory use, the required
parking is calculated separately for the accessory use. An example would be a 40,000 square foot
building with a 30,000 square foot warehouse and a 10,000 square foot accessory office area. The
required parking would be computed separately for the office and warehouse uses.
Revised 1/17/14
Article 8
Page 139
§270-8.5
PROXIMITY OF PARKING TO LOT LINES AND USES
A.
Within the Village Residential Zone and Village Center Zone, the location and proximity of parking,
including the parking spaces and interior aisles, is subject to the following:
(1)
The number of required parking spaces is reduced by 25% due to the presence of on-street
parking.
(2)
A minimum of 25% of the required parking spaces must be located on the lot of the use with
the remaining parking to be located on a lot not more than 300 feet from the subject property.
(3)
If the land is leased, the applicant shall provide a copy of the annual lease to verify use of the
land for parking.
(4)
On-site parking lots containing five or more parking spaces shall not be located within ten (10)
feet of a street right-of-way line.
(5)
On-site parking lots containing five or more parking spaces shall not be located within five (5)
feet of any side or rear lot line unless the parking lot is a joint use parking lot subject to §2708.7.
B.
Within all other Zones, the location and proximity of parking, including the parking spaces and interior
aisles, is subject to the following:
(1)
Parking lots containing five or more parking spaces shall not be located within ten (10) feet of
a street right-of-way line.
(2)
Parking lots containing five or more parking spaces shall not be located within ten (10) feet of
any side or rear lot line unless the parking lot is a joint use parking lot subject to §270-8.7.
C.
On-site parking lots shall not be located within any buffer planting strip required by §270-4.10.
§270-8.6
STACKED PARKING
Stacked or valet parking is allowed if an attendant is present to move vehicles. If stacked parking is used for
required parking spaces, some form of guarantee must be filed with the Township ensuring that an attendant
will always be present when the lot is in operation. The requirements for minimum parking spaces and all
parking area development standards continue to apply for stacked parking. Stacked parking is also allowed in
residential driveways.
§270-8.7
JOINT USE PARKING
Joint use of required parking spaces may occur where two or more uses on the same or separate lots are able to
share the same parking spaces because their parking demands occur at different times. Joint use of required
nonresidential parking spaces is allowed if the following documentation is submitted in writing to the
Township as part of a land development process and building or zoning permit application:
A.
The names and addresses of the uses and of the landowners or tenants that are sharing the parking;
B.
The location and number of parking spaces that are being shared;
C.
An analysis showing that the peak parking times of the uses occur at different times and that the
parking area will be large enough for the anticipated demands of both uses;
D.
A legal instrument such as an easement or deed restriction that guarantees access to the parking for
both uses;
E.
An ownership and maintenance agreement for all landowners of joint use parking lots is required; and
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F.
The standards for joint use parking areas should be derived from the Urban Land Institute (ULI)
publication titled “Shared Parking, Second Edition” (2005).
§270-8.8
MIXED USE BUILDING PARKING
Uses that share a building or structure may qualify to reduce their vehicle parking requirements if the uses do
not operate at the same time or have limited operations that overlap. Evidence prepared by a qualified
registered professional will be provided to the Zoning Officer for evaluation and calculation of required
spaces. The Zoning Officer will issue a written determination that will govern parking for the uses involved
until one or more of the uses change or evidence is provided that shows a change in parking requirement is
necessary for the public safety on the site.
§270-8.9
USES OF PARKING LOTS
A.
Vehicle parking lots are generally for the purposes of accommodating the passenger vehicles of
persons associated with the use which requires them. Parking lots shall be used for the following
activities:
(1)
Parking/storage of vehicles accessory to the use;
(2)
20% of any parking lot can be used for the periodic outdoor sale events directly related to the
primary use of the lot. These events will be no longer than 5 days in duration and limited to 4
events per year.
(3)
Events in parking lots not related to the primary use will be reviewed by the Zoning Officer
and temporary use permits will be required. See also Temporary Uses in §270-4.2.P.
B.
Parking lots shall not be used for the following activities:
(1)
Performing services (including service/repair to vehicles).
(2)
The long term sale, display or storage of vehicles or other merchandise.
§270-8.10
SCHEDULE OF OFF-STREET PARKING SPACES PER USE
The purpose of required parking spaces is to provide enough on-site parking to accommodate the majority of
traffic generated by the range of uses which might locate at the site over time. Any use involving a
combination of several uses shall provide the total number of spaces required for reach individual use. The
following parking schedule table lists required numbers of parking spaces by use type:
Parking Schedule Table
RESIDENTIAL USES
Accessory dwelling unit
Boarding home
Community rehabilitation facilities
Single-family dwelling unit
Multi-family dwelling units
Efficiency
1-2 bedroom dwelling units
3 or more bedroom dwelling units
Single-family semi-detached and townhouse
Two-family conversion
Personal care homes/shelter care homes
Minimum Parking Space Requirement
1 in addition to the off-street parking required for the
principal structure
2 per dwelling unit plus 1 per available room for rent
1 per resident or temporary resident
2 per dwelling unit
1 per dwelling unit
1.2 per dwelling unit
2 per dwelling unit
1 per 4 residents
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Planned retirement communities and assisted living 1 for every resident within multi-family and single
facilities
family rooms dwelling units and 1 for each employee
on the largest shift.
Related offices, retail, and services shall provide
parking in accordance with specific business uses
herein.
BUSINESS USES
Amusement, fitness and entertainment business
1 per 500 sf of floor area
Arcade
Theater, exhibit halls and auditoriums with fixed 1 per 3 seats
seats
Theater, exhibit halls and auditoriums without fixed 1 per 30 sf of net assembly area
seats
Bed and breakfast
1 per rentable room plus 2 for landowners
Campgrounds
1 per campsite, plus one per employee, plus 50% of
the spaces normally required for accessory uses
Commercial parks and recreation facilities, private
Daycare services, commercial
Farm stand
1 per 100 sf of retail space
Finance and insurance
Grocery store
1 per every 2 employees plus 1 per 500 sf of floor
area
Heavy equipment sales, service and repair
Industrial, light, general and heavy
1 per employee on the largest shifts or at least 1 per
each 500 sf of floor area, whichever is greater
Legalized gambling establishments
With overnight accommodations
1 per 500 sf of floor area plus 1 per room
Lodging and overnight accommodations
1 per rentable room plus parking spaces for
associated uses including a restaurant (see restaurant
parking regulations below)
Medical campus
1 per dwelling unit plus 1 per 500 sf of floor area for
other buildings
Medical, science and research industries
Mineral extraction
1 per every employee on the same shift
Motor vehicle, sales, leasing and repair
Nightclubs and bars/taverns
Nursery and garden center
Professional, scientific, and technical services
Recycling facilities
Per CU review
Regional sports facilities
1 per for each 1,475 sf of building area and 4 per
each acre of open space, including outdoor sports
fields.
Restaurant
Retail sales, service, and repair
Shopping complexes
Self storage units
1 per 25 storage units plus 1 per 250 sf of office
space plus 2 per any resident manager
Storage units
1 per employee
Warehousing, distribution and wholesale trade
1 per 3,000 sf of floor area
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CIVIC/SOCIAL USES
Community activity buildings
Parks and recreation facilities
Athletic fields
1 per 4 seats of spectator seating; if no spectator
seating is provided, a temporary parking area shall be
provided
1 per 8,000 sf of active recreational area within a
park or playground
2 per court
1 per 30 sf of net seating area
1 per 250 sf of pool area
Playground facilities
Courts
Stadiums/rinks
Gymnasium
Swimming pool
Golf
Driving range
Miniature golf
Golf course
Place of worship
Private club
Private recreation (without clubhouse or restaurant)
Schools
Primary
Secondary
Post-secondary
§270-8.11
1 per tee plus 1 per employee
1 per hole
1 per 6 holes plus 1 per employee plus 50% of the
spaces normally required for accessory uses
1 per 100 sf of main assembly area
20 per site
1 per classroom
7 per classroom
1 per 600 sf of floor area, plus 1 per 4 dormitory
rooms
ON-SITE LOADING SPACE REQUIREMENTS
On-site loading spaces, if needed and provided, shall be shown on a site plan. The Township must review the
loading space design, prepared by the applicant, prior to the occupancy of any building or use, so as to
alleviate any safety concerns, roadway conflicts, sizing for vehicles unloading, and traffic congestion
anticipated on any existing and/or proposed streets. Loading space design shall meet the following minimum
design criteria:
A.
LOADING SPACE SIZE
Type of Vehicle
4 Axle Truck
5 Axle Truck
Loading Space Size (feet)
Length
Width
30
12
55
14
B.
The turning radius for any loading space shall be designed in accordance with the standards set forth in
the current edition of Transportation and Land Development, Institute of Transportation Engineers
(ITE).
C.
Within the Village Residential Zone and Village Center Zone, the location and proximity of on-site
loading spaces, including truck maneuvering areas, is subject to the following:
(1)
Loading spaces shall not be located within the required front setback area.
(2)
Loading spaces shall not be located within five (5) feet of any side or rear lot line.
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D.
Within all other Zones, the location and proximity of on-site loading spaces, including truck
maneuvering areas, is subject to the following:
(1)
Loading spaces shall not be located within the required front setback area.
(2)
Loading spaces shall not be located within fifteen (15) feet of any side or rear lot line.
E.
On-site loading spaces shall not be located within any buffer planting strip required by §270-4.10
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ARTICLE 9
§270-9.1
ZONING HEARING BOARD (ZHB)
A.
ESTABLISHMENT AND MEMBERSHIP
(1)
When used hereafter in this article, the word "ZHB" shall mean the Zoning Hearing Board.
(2)
There shall be a ZHB, which shall consist of five members who shall be appointed by
resolution by the Board of Supervisors. The membership of the ZHB shall consist of residents
of the Township. Their terms of office shall be five years and shall be so fixed that the term of
office of one member shall expire each year. The ZHB shall promptly notify the Board of
Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members of the ZHB shall hold no other office in the
Township. Any member of the ZHB may be removed for malfeasance, misfeasance or
nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors
taken after the member has received 15 days advance notice of the intent to take such a vote. A
hearing shall be held in connection with the vote if the member shall request it in writing.
(3)
The Board of Supervisors may appoint by resolution at least one, but no more than three,
residents of the Township to serve as alternate members of the ZHB. The term of office of an
alternate member shall be three years. When seated pursuant to the provisions of §270-9.1.B.
an alternate shall be entitled to participate in all proceedings and discussions of the ZHB to the
same and full extent as provided by law for ZHB members, including specifically the right to
cast a vote as a voting member during the proceedings, and shall have all the powers and
duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other
office in the Township, including membership on the Planning Commission and Zoning
Officer. Any alternate may participate in any proceeding or discussion of the ZHB but shall
not be entitled to vote as a member of the ZHB nor be compensated pursuant to §270-9.1.C.
unless designated as a voting alternate member pursuant to §270-9.1.B. of this chapter.
B.
ORGANIZATION OF ZHB – The ZHB shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking
of any action, a quorum shall be not less than a majority of all members of the ZHB, but a ZHB may
appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties
may waive further action by the ZHB, as provided in §270-9.1.D. If by reason of absence or
disqualification of a member a quorum is not reached, the Chairman of the ZHB shall designate as
many alternate members of the ZHB to sit on the ZHB as may be needed to provide a quorum. Any
alternate member of the ZHB shall continue to serve on the ZHB in all proceedings involving the
matter or case for which the alternate was initially appointed until the ZHB has made a final
determination of the matter or case. Designation of an alternate pursuant to this section shall be made
on a case-by-case basis in rotation, according to declining seniority among all alternates. The ZHB
may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the
Township and laws of the commonwealth. The ZHB shall keep full public records of its business,
which records shall be the property of the Township, and shall submit a report of its activities to the
Board of Supervisors upon request.
C.
EXPENDITURES FOR SERVICES – Within the limits of funds appropriated by the Board of
Supervisors, the ZHB may employ or contract for secretaries, clerks, legal counsel, consultants and
other technical and clerical services. Members of the ZHB may receive compensation for the
performance of their duties, as may be fixed by the Board of Supervisors. Alternate members of the
ZHB may receive compensation, as may be fixed by the Board of Supervisors, for the performance of
their duties when designated as alternate members pursuant to §270-9.1.B., but in no case shall such
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compensation exceed the rate of compensation authorized to be paid to the members by the Board of
Supervisors.
D.
HEARINGS
(1)
The ZHB shall conduct hearings and make decisions in accordance with the following
requirements:
(a)
Public notice (as defined herein) shall be provided. In addition, the ZHB shall notify
by mail the Zoning Officer, Township Secretary, each member of the Board of
Supervisors, Township Planning Commission and every other person or organization
who shall have registered with the ZHB for the purposes of receiving such notices.
Such mailed notices shall state the location of the site and the nature of the request. It
shall also state the time, date and location of the proposed hearing. In addition to the
written notice provided herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the hearing.
(b)
The Board of Supervisors may prescribe reasonable fees with respect to hearings
before the ZHB. Fees for said hearings may include compensation for the Secretary
and members of the ZHB, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not include legal
expenses of the ZHB, expenses for engineering, architectural or other technical
consultants or expert witness costs.
(c)
The hearing shall be held within 60 days from the date of the applicant's request,
unless the applicant has agreed in writing to an extension of time.
(2)
The hearings shall be conducted by the ZHB, or the ZHB may appoint any member as a
hearing officer. The decision or, where no decision is called for, the findings shall be made by
the ZHB; however, the appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision or findings by the ZHB
and accept the decision or findings of the hearing officer as final.
(3)
The parties to the hearing shall be the Township, any person affected by the application who
has made timely appearance of record before the ZHB and any other person, including civic or
community organizations, permitted to appear by the ZHB. The ZHB shall have power to
require that all persons who wish to be considered parties enter appearances in writing on
forms provided by the ZHB for that purpose.
(4)
The Chairman or Acting Chairman of the ZHB or the hearing officer presiding shall have
power to administer oaths and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers, including witnesses and documents requested by
the parties.
(5)
The parties shall have the right to be represented by counsel and shall be afforded the
opportunity to respond and present evidence and argument and cross-examine adverse
witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious
evidence may be excluded.
(7)
The ZHB or the hearing officer, as the case may be, shall keep a stenographic record of the
proceedings. The appearance fee for a stenographer shall be shared equally by the applicant
and the ZHB. The cost of the original transcript shall be paid by the ZHB if the transcript is
ordered by the ZHB or hearing officer; or shall be paid by the person appealing the decision of
the ZHB if such appeal is made and, in either event, the cost of additional copies shall be paid
by the person requesting such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
(8)
The ZHB or the hearing officer shall not communicate, directly or indirectly, with any party or
his representatives in connection with any issue involved, except upon notice and opportunity
for all parties to participate; shall not take notice of any communication, reports, staff
memoranda or other materials, except advice from the Solicitor, unless the parties are afforded
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(9)
(10)
(11)
(12)
(13)
an opportunity to contest the material so noticed; and shall not inspect the site or its
surroundings after the commencement of hearings with any party or his representative unless
all parties are given an opportunity to be present.
The ZHB or the hearing officer, as the case may be, shall render a written decision or, when no
decision is called for, make written findings on the application within 45 days after the last
hearing before the ZHB or hearing officer. Where the application is contested or denied, each
decision shall be accompanied by findings of fact and conclusions based thereon, together
with the reasons therefor. Conclusions based on any provisions of the Act or of this chapter,
rule or regulation shall contain a reference to the provision relied on and the reasons why the
conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by
a hearing officer, and there has been no stipulation that his decision or findings are final, the
ZHB shall make his report and recommendations available to the parties within 45 days, and
the parties shall be entitled to make written representations thereon to the ZHB prior to final
decision or entry of findings, and the ZHB's decision shall be entered no later than 30 days
after the report of the hearing officer. Where the ZHB fails to render the decision within the
period required by this subsection or fails to hold the required hearing within 60 days from the
date of the applicant's request for hearing, the decision shall be deemed to have been rendered
in favor of the applicant, unless the applicant has agreed in writing or on the record to an
extension of time. When a decision has been rendered in favor of the applicant because of the
failure of the ZHB to meet or render a decision as hereinabove provided, the ZHB shall give
public notice of said decision within 10 days from the last day it could have met to render a
decision in the same manner as provided in §270-9.1.D. of this chapter. If the ZHB shall fail to
provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the
right of any party opposing the application to appeal the decision to a court of competent
jurisdiction.
A copy of the final decision or, where no decision is called for, of the findings shall be
delivered to the applicant personally or mailed to him not later than the day following its date.
To all other persons who have filed their name and address with the ZHB not later than the last
day of the hearing, the ZHB shall provide, by mail or otherwise, brief notice of the decision or
findings and a statement of the place at which the full decision or findings may be examined.
The ZHB, in approving special exception or variance applications, may attach conditions
necessary to protect and promote the public health, safety and welfare and the purposes of this
chapter, including conditions which are more restrictive than those established for other uses
in the same zone. The Zoning Officer shall have the power and duty to enforce the conditions.
Failure to comply with any condition constitutes a violation of this chapter and shall be subject
to the penalties and remedies described in Article 9.
Any site plan presented in support of an application for a special exception or variance shall
become an official part of the record for the special exception or variance and approval of the
application will also bind the use in accordance with the submitted site plan. Any subsequent
change to the use of the property not reflected on the site plan shall require the applicant to
obtain another special exception or variance approval.
Effect of ZHB's Decision:
(a)
If the variance or special exception is granted or the issuance of a permit is approved
or other action by the appellant is authorized, the necessary permit shall be secured
and the authorized action begun within one (1) year after the date when the variance or
special exception is finally granted or the issuance of a permit is finally approved or
the other action by the appellant is authorized, and the building or alteration, as the
case may be, shall be completed within 1 year of said date. For good cause, the ZHB
may, upon application in writing stating the reasons therefore, extend either one year
period.
(b)
Should the appellant or applicant fail to obtain the necessary permits within said sixmonth period or, having obtained the permit, should he fail to commence work there
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(c)
(d)
E.
under within such six-month period, it shall be conclusively presumed that the
appellant or applicant has waived, withdrawn or abandoned his appeal or his
application, and all provisions, variances and permits granted to him shall be deemed
automatically rescinded by the ZHB.
Should the appellant or applicant commence construction or alteration within said sixmonth period but should he fail to complete such construction or alteration within said
twelve-month period, the ZHB may, upon 10 days notice in writing, rescind or revoke
the granted variance or special exception or the issuance of the permit or permits or
the other action authorized to the appellant or applicant, if the ZHB finds that a good
cause appears for the failure to complete within such twelve-month period, and if the
ZHB further finds that conditions have so altered or changed in the interval since the
granting of the variance, permit or action, that revocation or rescission of the action is
justified.
A variance or special exception shall expire if the applicant: a) fails to obtain a zoning
permit to authorize construction within six months from the date of authorization
thereof by the ZHB or by the Court, if such special exception or variance has been
granted after an appeal; or b) fails to complete any erection, construction,
reconstruction, alteration or change in use authorized by special exception or variance
approval within one year from the date of authorization thereof by the ZHB or by the
Court, if such special exception or variance has been granted after an appeal, unless
the ZHB or the Court establishes a different time period within which to obtain a
permit or complete construction in the decision or order approving the requested
special exception or variance. If the ZHB grants a special exception or a variance and
the ZHB's decision is appealed by protesting parties, the running of the six-month and
twelve-month time periods shall be suspended during the pendency of the appeal or
appeals by protesting parties; provided, however, if the applicant obtains a permit and
commences construction authorized by the ZHB during the pendency of an appeal, the
twelve-month period within which to complete construction shall commence on the
date the landowner obtains the zoning permit.
ZHB'S FUNCTIONS – The ZHB shall have the exclusive jurisdiction to hear and render decisions in
the following matters:
(1)
Substantive challenges to the validity of this chapter, except those brought before the Board of
Supervisors pursuant to §270-9.5.E of this chapter.
(2)
If a challenge heard by the ZHB is found to have merit, the decision of the ZHB shall include
recommended amendments to the challenged ordinance which will cure the defects found. In
reaching its decision, the ZHB shall consider the amendments, plans and explanatory material
submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon streets, sewer facilities, water supplies, schools and
other public service facilities.
(b)
If the proposal is for a residential use, the impact of the proposal upon regional
housing needs and the effectiveness of the proposal in providing housing units of a
type actually available to and affordable by classes of persons otherwise unlawfully
excluded by the challenged provisions of this chapter or map.
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes,
woodland, wetlands, floodplains, aquifers, natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands,
floodplains, natural resources and natural features, the degree to which these are
protected or destroyed, the tolerance of the resources to development and any adverse
environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture and other land uses
which are essential to public health and welfare.
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(3)
(4)
(5)
(6)
Public notice of the hearing shall be provided as specified in §270-9.5.B(2) of this chapter.
The ZHB shall commence its hearings within 60 days after the request is filed, unless the
landowner requests or consents to an extension of time.
The ZHB shall render its decision within 45 days after the conclusion of the last hearing. If the
ZHB fails to act on the landowner's request within this time limit, a denial of the request is
deemed to have occurred on the 46th day after the close of the last hearing.
Challenges to the validity of this chapter raising procedural questions or alleged defects in the
process of enactment or adoption, which challenges shall be raised by an appeal taken within
30 days after the effective date of this chapter.
F.
SPECIAL EXCEPTIONS
(1)
Special Exceptions, as provided for in this chapter and subject to all applicable requirements,
including, but not limited to:
(a)
Specific criteria. Each applicant shall demonstrate compliance with the specific
criteria established in Article 5 for the use for which the applicant seeks a special
exception and with all other applicable criteria, such as area and bulk requirements of
the zone in which the property is located.
(b)
General criteria. Each applicant must demonstrate compliance with the following:
[1]
The proposed use shall be consistent with the purpose and intent of this
chapter.
[2]
The proposed use shall not detract from the use and enjoyment of adjoining or
nearby lots.
[3]
The proposed use will not substantially change the character of the subject
property's neighborhood.
[4]
Adequate public facilities are available to serve the proposed use (e.g.,
schools, fire, police and ambulance protection, sewer, water and other utilities,
vehicular access, etc.).
[5]
The proposed use shall comply with those criteria specifically listed in
Articles 3, 4 and 5 of this ordinance. In addition, the proposed use must
comply with all other applicable regulations contained in this chapter.
[6]
The location of the use, including with respect to the existing or future streets
giving access to it, is in harmony with the orderly and appropriate
development for the zone in which the use is to be located.
[7]
The nature and intensity of the operations involved are in harmony with the
orderly and appropriate development of the zone in which the use is to be
located.
[8]
The grant of the special exception shall not materially increase traffic
congestion on streets and highways, nor cause nor encourage commercial or
industrial traffic to use residential streets.
[9]
The proposed use will not substantially impair the integrity of Growing
Together: A Comprehensive Plan for Central Lancaster County.
[10]
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this Article, as it
may deem necessary to implement the purposes of this Article and the
Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted and
amended.
G.
VARIANCES – The ZHB shall hear requests for variances where it is alleged that the provisions of
this chapter inflict unnecessary hardship upon the applicant. The ZHB may, by rule, prescribe the form
of application to the Zoning Officer. The ZHB may grant a variance, provided that all of the following
findings are made where relevant in a given case:
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(1)
(2)
(3)
(4)
(5)
(6)
H.
That there are unique physical circumstances or conditions, including irregularity, narrowness
or shallowness of lot size or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary hardship is due to such conditions
and not the circumstances or conditions generally created by the provisions of this chapter in
the neighborhood or zone in which the property is located.
That because of such physical circumstances or conditions there is no possibility that the
property can be developed in strict conformity with the provisions of this chapter, and that the
authorization of a variance is therefore necessary to enable reasonable use of the property.
That such unnecessary hardship has not been created by the appellant.
That the variance, if authorized, will not alter the essential character of the zone or
neighborhood in which the property is located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be detrimental to the public welfare.
That the variance, if authorized, will represent the minimum variance that will afford relief
and will represent the least modification possible of the regulations in issue.
In granting any variance, the ZHB may attach such reasonable conditions and safeguards as it
may deem necessary to implement the purposes of this chapter. These conditions shall be
enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described in Article 9.
(a)
Appeals from the determining of the Zoning Officer, including, but not limited to, the
granting or denial of any permit or failure to act on the application therefore, the
issuance of any cease and desist order or the registration or refusal to register any
nonconforming use, structure or lot.
(b)
Appeals from a determination by a Township Engineer or the Zoning Officer with
reference to the administration of any provisions contained within a floodplain.
(c)
Appeals from the determination of any officer or agency charged with the
administration of any transfers of development rights or performance density
provisions of this chapter.
(d)
Appeals from the Zoning Officer's determination under Section 916(2) (and any
subsequent amendments) of the Act.
(e)
Appeals from the determination of the Zoning Officer or Township Engineer in the
administration of any land use ordinance with reference to sedimentation and erosion
control and/or stormwater management for applications not involving a
subdivision/land development nor a planned residential development as regulated in
Articles 6 and 9 of the Act, respectively.
PARTIES APPELLANT BEFORE THE ZHB – Appeals under §270-9.1.G(6)(a) through (e) and
proceedings to challenge this chapter under §270-9.1.E(1) and (2) may be filed with the ZHB in
writing by the landowner affected, any officer or agency of the Township or any person aggrieved.
Requests for a variance under §270-9.1.G and for special exception under §270-9.1.F may be filed
with the ZHB by any landowner or any tenant with the permission of such landowner. Any appeal
shall state:
(1)
The name and address of the appellant and applicant.
(2)
The name and address of the landowner of the real estate to be affected.
(3)
A brief description and location of the real estate to be affected by such proposed change,
together with a plot plan drawn to scale with sufficient clarity to show the nature and character
of the request.
(4)
A statement of the present zoning classification of the real estate in question, the
improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the request may be allowed and reasons
why it should or should not be granted.
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Page 150
I.
TIME LIMITATIONS
(1)
No person shall be allowed to file any proceeding with the ZHB later than 30 days after an
application for development, preliminary or final, has been approved by the Zoning Officer or
the agency responsible for granting such approval if such proceeding is designed to secure
reversal or to limit the approval in any manner, unless such person alleges and proves that he
had no notice or knowledge or reason to believe that such approval had been given. If such
person has succeeded to his interest after such approval, he shall be bound by the knowledge
of his predecessor in interest.
(2)
The failure of anyone other than the landowner to appeal an adverse decision by the Zoning
Officer on a challenge to the validity of this chapter or the Official Zoning Map pursuant to
Section 916(2) of the Act, as amended, shall preclude an appeal from a final approval, except
in the case where the final submission substantially deviates from the approved tentative
approval.
J.
STAY OF PROCEEDING
(1)
Upon filing of any proceeding referred to in §270-9.1.L and during its pendency before the
ZHB, all land development pursuant to any challenged ordinance, order or approval of the
Zoning Officer or of any agency or body, and all official action there under, shall be stayed
unless the Zoning Officer or any other appropriate agency or body certifies to the ZHB facts
indicating that such stay would cause imminent peril to life or property, in which case the
development or official action shall not be stayed otherwise than by a restraining order which
may be granted by the ZHB or by the court having jurisdiction of zoning appeals on petition
after notice to the Zoning Officer or other appropriate agency or body. When an application
for development, preliminary or final, has been duly approved and proceedings designed to
reverse or limit the approval are filed with the ZHB by persons other than the applicant, the
applicant may petition the court having jurisdiction of zoning appeals to order such persons to
post bond as a condition to continuing the proceedings before the ZHB. After the petition is
presented, the Court shall hold a hearing to determine if the filing of the appeal is frivolous. At
the hearing, evidence may be presented on the merits of the case. It shall be the burden of the
applicant for a bond to prove the appeal is frivolous. After consideration of all evidence
presented, if the Court determines that the appeal is frivolous, it shall grant the petition for a
bond. The right to petition the Court to order the appellants to post bond may be waived by the
appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of
the Court. The question whether or not such petition should be granted and the amount of the
bond shall be within the sound discretion of the Court. An order denying a petition for bond
shall be interlocutory. An order directing the responding party to post a bond shall be
interlocutory.
(2)
If an appeal is taken by a respondent to the petition for a bond from an order of the Court
dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order
of the Court below to post a bond, the respondent to the petition for a bond, upon motion of
the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be
liable for all reasonable costs, expenses and attorney's fees incurred by the petitioner.
K.
APPEAL – Any person, taxpayer or the Township aggrieved by any decision of the ZHB may, within
30 days after such decision of the ZHB, seek review by the Court of Common Pleas of such decision
in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the Act,
as amended.
L.
APPLICATION PROCEDURES AND LIMITATIONS
(1)
All applications, including appeals, to the ZHB shall be submitted to the Zoning Officer. All
applications shall be made on the form supplied by the Township and shall contain all
information requested on such form. All applications shall contain the following information:
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(a)
(2)
(3)
Name and address of the applicant and, if different, the name and address of the
landowner. If the applicant is not the landowner of record, information demonstrating
that the applicant has the legal right to make the application shall accompany the
application.
(b)
Dimensions and shape of the lot to be developed, and the exact location and
dimensions of any structure existing or to be erected.
(c)
The height of any proposed buildings or structures.
(d)
Existing and proposed uses of all existing and proposed structures.
(e)
Existing and proposed off-street parking and loading spaces.
(f)
Names and addresses of adjoining landowners, including lots directly across a public
right-of-way.
(g)
A site plan with sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter.
(h)
A written description of the proposed use in sufficient detail to demonstrate
compliance with all applicable provisions of this chapter if requesting a special
exception or demonstrating unnecessary hardship if requesting a variance or
explaining how the Zoning Officer erred in an appeal from a determination of the
Zoning Officer. In addition, all applications for a variance must be accompanied by a
written description indicating the specific hardship for each of the following
requirements:
[1]
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions particular to the particular property,
and that the unnecessary hardship is due to such conditions and not the
circumstances or conditions generally created by the provisions of this chapter
in the neighborhood or zone in which the property is located.
[2]
That because of such physical circumstances or conditions there is no
possibility that the property can be developed in strict conformity with the
provisions of this chapter, and that the authorization of a variance is therefore
necessary to enable reasonable use of the property.
[3]
That such unnecessary hardship has not been created by the appellant.
[4]
That the variance, if authorized, will not alter the essential character of the
zone or neighborhood in which the property is located, nor substantially or
permanently impair the appropriate use or development of adjacent property
nor be detrimental to the public welfare.
[5]
That the variance, if authorized, will represent the minimum variance that will
afford relief and will represent the least modification possible of the
regulations in issue.
(i)
A reference to all sections of this chapter which are relevant to the application or
appeal.
(j)
A listing of all special exceptions and/or variances which the applicant is requesting.
Applications shall include the appropriate fee established by resolution or ordinance by the
Board of Supervisors. Failure to pay the required filing fee shall render the application
incomplete.
The Zoning Officer shall review the application to determine if it is generally in a form that
complies with the terms of this chapter. Within five working days from the date of
submissions, the Zoning Officer may return the application to the applicant and inform the
applicant that his application is incomplete. If the Zoning Officer fails to return an application
to the applicant within the five-day period, it shall not be deemed an acknowledgment by the
Township that the application meets the requirements of this chapter. Notwithstanding the
foregoing, the Zoning Officer shall not be authorized to return appeals from a determination of
the Zoning Officer.
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(4)
§270-9.2
A.
After the Zoning Officer has reviewed for completeness the application and any supplemental
information submitted before the hearing has been advertised, the application shall be
considered closed. The applicant shall not be permitted at the hearing to change the application
or supplement the application with plans or other information which should have been
submitted with the application, and the ZHB shall consider the application as filed. The ZHB
shall not reform any application and shall not be required to grant parts of an application. If an
applicant desires to change an application after it is submitted, the applicant shall withdraw the
application by filing a request to withdraw and shall submit another application in the form
provided by the Township which will be considered filed on the date it is submitted to the
Zoning Officer and a new application fee is paid. Notwithstanding the foregoing, the applicant
shall be permitted to make minor revisions to the application, such as providing the street
address or tax map parcel number of the property or providing additional copies of documents
or plans. The ZHB, in its discretion, may permit other amendments which are not prejudicial
to other parties at the time of the hearing, in the interest of administrative economy, or may
continue the hearing subject to the applicant paying any fee established by the Township for
continuances.
ADMINISTRATION
(1)
Zoning Officer: The provisions of this chapter shall be enforced by an agent, to be appointed
by the Board of Supervisors, who shall be known as the Zoning Officer. The Zoning Officer
shall be appointed at the first meeting of the Board of Supervisors in January to serve until the
first day of January next following and shall thereafter be appointed annually to serve for a
term of one year and/or until his successor is appointed. The Zoning Officer may succeed
himself. He shall receive such fees or compensation as the Board of Supervisors may, by
resolution, provide. The Zoning Officer shall not hold any elective office within the Township.
The Zoning Officer may designate an employee of the Township as his deputy, subject to the
approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer
during the temporary absence or disability of the Zoning Officer.
(2)
Duties: The duties of the Zoning Officer shall be:
(a)
To receive, examine and process all applications and permits as provided by the terms
of this chapter. The Zoning Officer shall also issue zoning permits for special
exception and conditional uses or for variances after the same have been approved.
(b)
To record and file all applications for zoning permits or certificates of use and
occupancy and accompanying plans and documents and keep them for public record.
(c)
To inspect properties to determine compliance with all provisions of this chapter as
well as conditions attached to the approval of variances, special exceptions,
conditional uses and curative amendments.
(d)
To inspect nonconforming uses, structures and lots and to keep a filed record of such
nonconforming uses and structures, together with the reasons why the Zoning Officer
identified them as nonconformities, as a public record and to examine them
periodically, with the view of eliminating the nonconforming uses under the existing
laws and regulations.
(e)
Upon the request of the Board of Supervisors or the ZHB, present to such bodies facts,
records and any similar information on specific requests to assist such bodies in
reaching their decisions.
(f)
To be responsible for keeping this chapter and the Official Zoning Map up-to-date,
including any amendments thereto.
(g)
Upon the approval of the ZHB of a special exception, or upon the approval of a
conditional use by the Board of Supervisors for development located within a
floodplain, written notice of the approval shall be sent by registered mail from the
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(h)
(i)
Zoning Officer to the Pennsylvania Department of Community and Economic
Development.
To remain eligible for the National Flood Insurance Program, the Zoning Officer shall
submit a biannual report to the Federal Insurance Administration concerning the status
of the program in the Township (the report form shall be provided by the Federal
Insurance Administration).
To render a preliminary opinion regarding a proposed land use in accordance with
Section 916(2) of the Act.
B.
ENFORCEMENT – This chapter shall be enforced by the Zoning Officer of the Township. No zoning
permit or certificate of use and occupancy shall be granted by him for any purpose, except in
compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to
institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of
employment.
C.
VIOLATIONS
(1)
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection,
construction or alteration of any structure or portion thereof, shall be a violation of this
chapter. It shall be a violation of this chapter to undertake other actions which are contrary to
the terms of this chapter or any conditions placed upon the approval of special exceptions,
variances and conditional uses. Each day that a violation is continued shall constitute a
separate offense.
(2)
If it appears to the Township that a violation of this chapter enacted under the Act or prior
enabling laws has occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in the following:
(a)
The enforcement notice shall be sent to the owner of record of the parcel on which the
violation has occurred, to any person who has filed a written request to receive
enforcement notices regarding that parcel and to any other person requested in writing
by the owner of record.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and any other person against whom the
Township intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of the requirements which have not
been met, citing in each instance the applicable provisions of this chapter.
[4]
The date before which the steps for compliance must be commenced and the
date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to the ZHB within a
prescribed period of time in accordance with procedures set forth in this
chapter.
[6]
That failure to comply with the notice within the time specified, unless
extended by appeal to the ZHB, constitutes a violation, with possible
sanctions clearly described.
D.
ENFORCEMENT REMEDIES – Any person, partnership or corporation who or which has violated or
permitted the violation of the provisions of this chapter enacted under the Act or prior enabling laws
shall, upon being found liable therefore in a civil enforcement proceeding commenced by the
Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's
fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied
or be payable until the date of the determination of a violation by the Magisterial District Judge. If the
defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day that a violation continues shall constitute
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Page 154
a separate violation, unless the Magisterial District Judge determining that there has been a violation
further determines that there was a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in which event there shall be deemed to
have been only one such violation until the fifth day following the date of the determination of a
violation by the Magisterial District Judge, and thereafter each day that a violation continues shall
constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the
violation of this chapter shall be paid over to the Township.
E.
CAUSES OF ACTION – In case any building, structure, landscaping or land is or is proposed to be
erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this
chapter, enacted under the Act or prior enabling laws, the Board of Supervisors or, with the approval
of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any such action is instituted by a
landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to
the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the
Township. No such action may be maintained until such notice has been given.
§270-9.3
A.
PERMITS
GENERAL REQUIREMENTS FOR ZONING PERMITS
(1)
A zoning permit shall be required prior to a change in use of land or structure or the erection,
construction, improvement or alteration of any structure or portion thereof or the alteration or
development of any improved or unimproved real estate, including, but not limited to, mining,
dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration
of any signs specified in Article 7 of this chapter. Zoning permits shall also be required for the
construction or installation of animal waste impoundments, lakes, ponds, dams or other water
retention basins. No zoning permit shall be required for repairs or maintenance of any
structure or land, provided that such repairs do not change the use or the exterior dimensions
of the structure or otherwise violate the provisions of this chapter.
(2)
Application for zoning permits shall be made in writing to the Zoning Officer.
(3)
Such zoning permits shall be granted or refused within 90 days from date of application.
(4)
No zoning permit shall be issued, except in conformity with the regulations of this chapter,
except after written order from the ZHB or the courts.
(5)
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a
proposed use to meet all the requirements of this chapter, it will be incumbent upon the
applicant to furnish adequate evidence in support of his application. If such evidence is not
presented, the zoning permit will be denied.
(6)
Application for a permit shall be made by the owner or lessee of any building or structure or
the agent of either; provided, however, that if the application is made by a person other than
the owner or lessee it shall be accompanied by a written authorization of the owner or the
qualified person making an application that the proposed work is authorized by this owner.
The full names and addresses of the owner, lessee, applicant and of the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
(7)
The Zoning Officer may call upon other Township staff and/or Township-appointed
consultants in the review of submitted materials for applications. A copy of all plans and
applications for proposed construction or other improvements within the floodplain zone to be
considered for approval may be submitted by the Zoning Officer to any other appropriate
agencies and/or individuals for review and comment.
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(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
B.
The Zoning Officer may revoke a permit or approval issued under the provisions of this
chapter in case of any false statement or misrepresentation of fact in the application or on the
plans on which the permit or approval was based or for any other cause set forth in this
chapter.
No permit shall be issued until the fees prescribed by the ZHB of Township Supervisors
pursuant to a resolution shall be paid to the Zoning Officer. The payment of fees under this
section shall not relieve the applicant or holder of said permit from payment of other fees that
may be required by this chapter or by any other ordinance or law.
Issuance of Permits: Upon receiving the application, the Zoning Officer shall examine the
same within a reasonable time after filing. If the application or plans do not conform to the
provisions of all pertinent local laws, he shall reject such application in writing, stating the
reasons therefore. He shall inform the applicant of his right to appeal to the ZHB in the event
such application is rejected. If satisfied that the proposed work and/or use conforms to the
provisions of this chapter and all laws and ordinances applicable thereto, and that the
certificate of use and occupancy as required herein has been applied for, he shall issue a permit
therefore as soon as practical, but not later than 90 days from receipt of the application.
Reconsideration of Application: An applicant whose request for a permit has been denied by
the Zoning Officer may make a later application for a permit, provided all deficiencies which
were the basis for the prior denial of the permit have been eliminated. The Zoning Officer
shall not be required to make a new inspection of the application if this condition is not met.
Expiration of Permit: The permit shall expire after one year from the date of issuance;
provided, however, that the same may be extended every six months for a period not to exceed
an additional one year.
Compliance with this Chapter: The permit shall be a license to proceed with the work and
should not be construed as authority to violate, cancel or set aside any of the provisions of this
chapter, except as stipulated by the ZHB.
Compliance with Permit and Plot Plan: All work or uses shall conform to the approved
application and plans for which the permit has been issued as well as the approved plot plan.
Display of Zoning Permit: All approved zoning permits shall be prominently displayed on the
subject property during construction, renovation, reconstruction, repair, remodeling or the
conduct of other site improvements. Such permit displays shall occur within five days of
permit issuance or prior to the commencement of actual work on the site, whichever occurs
first. Such permit display shall be continuous until the site receives its certificate of use and
occupancy.
Temporary Use Permits: It is recognized that it may be in accordance with the purpose of this
chapter to permit temporary activities for a limited period of time, which activities may be
prohibited by other provisions of this chapter. If such uses are of such a nature and are so
located that, at the time of application, they will:
(a)
In no way exert a detrimental effect upon the uses of land and activities normally
permitted in the zone.
(b)
Contribute materially to the welfare of the Township, particularly in a state of
emergency, under conditions peculiar to the time and place involved, then the ZHB
may, subject to all regulations for the issuance of special exception elsewhere
specified, direct the Zoning Officer to issue a permit for a period not to exceed six
months. Such permits may be extended not more than once for an additional period of
six months.
APPLICATION FOR ALL ZONING PERMITS
(1)
Applications shall contain a general description of the proposed work, development, use or
occupancy of all parts of the structure or land and shall be accompanied by plans in duplicate
drawn to scale and showing the following:
(a)
Actual dimensions and shape of lot to be developed.
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(b)
(c)
(2)
C.
Exact location and dimensions of any structures to be erected, constructed and altered.
Existing and proposed uses, including the number of occupied dwelling units,
businesses, etc., all structures are designed to accommodate.
(d)
Off-street parking and loading spaces.
(e)
Utility systems affected and proposed.
(f)
Alteration or development of any improved or unimproved real estate.
(g)
The size of structures and the number of employees anticipated.
(h)
Any other lawful information that may be required by the Zoning Officer to determine
compliance with this chapter.
If the proposed development, excavation or construction is located within a floodplain, the
following information is specifically required to accompany all applications:
(a)
The accurate location of the floodplain and floodway.
(b)
The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD),
of the lowest floor, including basements.
(c)
The elevation, in relation to the NGVD, to which all structures and utilities will be
flood-proofed or elevated.
(d)
Where floodproofing is proposed to be utilized for a particular structure, the zoning
permit application shall be accompanied by a document certified by a Registered
Professional Engineer or a licensed professional architect registered by the
Commonwealth of Pennsylvania, certifying that the floodproofing methods used meet
the provisions of the Flood Plain Ordinance of East Hempfield Township and are
adequate to withstand the flood depths, pressures, velocities, impact and uplift forces
and other factors associated with the one-hundred-year flood, as defined herein, and
indicating the specific elevation (in relation to mean sea level) to which such structure
is floodproofed.
APPLICATION FOR ZONING PERMITS FOR USES IN ALL BUSINESS ZONES
(1)
A location plan showing the lot to be developed, zone boundaries, adjoining lots, significant
natural features and streets for a distance of 200 feet from all lot boundaries.
(2)
A plot plan of the lot showing the location of all existing and proposed buildings, driveways,
parking lots showing access drives, circulation patterns, curb cut accesses, parking stalls
access from streets, screening fences and walls, waste disposal fields or other methods of
sewage disposal, other construction features on the lot and the location of all topographical
features.
(3)
A description of the operations proposed in sufficient detail to indicate the effects of those
operations in producing traffic congestion, noise, glare, air pollution, water pollution,
vibration, fire hazards, safety hazards or the emission of any potentially harmful or obnoxious
matter or radiation.
(4)
Engineering plans for treatment and disposal of sewage and industrial waste, tailings or
unusable by-products.
(5)
Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution,
vibration, fire hazards or safety hazards, smoke or emission of any potentially harmful or
obnoxious matter or radiation.
(6)
Designation of the manner by which sanitary sewage and stormwater shall be disposed and
water supply obtained.
(7)
The proposed number of shifts to be worked and the maximum number of employees on each
shift.
(8)
Where use by more than one firm is anticipated, a list of firms which are likely to be located in
the center, their floor area and estimated number of employees.
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D.
CERTIFICATE OF USE AND OCCUPANCY
(1)
It shall be unlawful to use and/or occupy any structure, building, sign and/or land or portion
thereof for which a permit is required herein until a certificate of use and occupancy for such
structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer.
The application for issuance of a certificate of use and occupancy shall be made at the same
time an application for zoning permit is filed with the Zoning Officer as required herein.
(2)
The application for a certificate of use and occupancy shall be in such form as the Zoning
Officer may prescribe and may be made on the same application as is required for a zoning
permit.
(3)
The application shall contain the intended use and/or occupancy of any structure, building,
sign and/or land or portion thereof for which a zoning permit is required herein.
(4)
The Zoning Officer shall inspect any structure, building or sign within 10 days upon
notification that the proposed work that was listed under the permit has been completed and, if
satisfied that the work is in conformity and compliance with the work listed in the issued
permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the
intended use listed in the original application.
(5)
The certificate of use and occupancy or a true copy thereof shall be kept available for official
inspection at all times.
(6)
Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary
certificate of use and occupancy for a structure, building, sign and/or land or portion thereof
before the entire work covered by the permit shall have been completed, provided such portion
or portions may be used and/or occupied safely prior to full completion of the work without
endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate
of use and occupancy for such temporary uses as tents, use of land for religious or other public
or semipublic purposes, and similar temporary use and/or occupancy. Such temporary
certificates shall be for the period of time to be determined by the Zoning Officer; however, in
no case for a period exceeding six months.
(7)
A certificate of use and occupancy shall not be issued for structures and buildings located in
subdivisions requiring improvement guarantees until the structure or building abuts either a
street which has been accepted by the Township for dedication or abuts upon a street which
has been paved with a base wearing course.
(8)
In business zones in which operation standards are imposed, no certificate of use and
occupancy shall become permanent until 30 days after the facilities are fully operational when,
upon a re-inspection by the Zoning Officer, it is determined that the facilities are in
compliance with all operation standards.
§270-9.4
DETERMINATION OF FEES
The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall
be determined by a schedule that is made available to the general public. The Board of Supervisors may
reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an
amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.
§270-9.5
A.
AMENDMENTS
POWER OF AMENDMENT – The Board of Supervisors may, from time to time, amend, supplement,
change or repeal this chapter, including the Official Zoning Map. Any amendment, supplement,
change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or
by a petition to the Board of Supervisors by an interested party.
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B.
HEARING AND ENACTMENT PROCEDURES FOR ZONING AMENDMENTS
(1)
Public Hearing: Before hearing and enacting Zoning Ordinance and/or Zoning Map
amendments, the Board of Supervisors shall conduct a public hearing to inform the general
public of the nature of the amendment and to obtain public comment. Such public hearing
shall be conducted after public notice (as defined herein and listed below) has been given.
(2)
Public Notice: Before conducting a public hearing, the Board of Supervisors shall provide
public notice as follows:
(a)
Notice shall be published once each week for two successive weeks in a newspaper of
general circulation in the Township. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at the hearing. The
first publication shall not be more than 30 days and the second publication shall not be
less than seven days from the date of the hearing. Publication of the proposed
amendment shall include either the full text thereof or the title and brief summary,
prepared by the Township Solicitor and setting forth all the provisions in reasonable
detail. If the full text is not included, a copy of the full text shall be supplied to a
newspaper of general circulation in the Township at the time the public notice is
published.
(b)
For Zoning Map amendments, public notice shall also include the posting of a sign at
conspicuous locations along the perimeter of the subject property; these sign(s) shall
be posted at least one week prior to the hearing and will exhibit the nature, date, time
and location of the hearing.
(c)
For curative amendments, public notice shall also indicate that the validity of this
chapter and/or Map is in question and shall give the place where and the times when a
copy of the request, including any plans, explanatory material or proposed
amendments, may be examined by the public.
(d)
If after any public hearing held upon an amendment the proposed amendment is
changed substantially or is revised to include land previously not affected by it, the
Board of Supervisors shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the amendment.
(3)
Enactment Notice: In addition to the public notice requirements defined herein, the Board of
Supervisors must publish a reference to the time and place of the meeting at which passage of
the ordinance or amendment will be considered and a reference to a place within the Township
where copies of the proposed ordinance or amendment may be examined without charge or
obtained for a charge not greater than the cost thereof. Enactment notice shall be published at
least once in a newspaper of general circulation in the Township not more than 60 days nor
less than seven days prior to passage. The published content of the enactment notice shall be
the same as that required for public notice described in the preceding Subsection B(2).
(4)
Township Planning Commission Referrals:
(a)
For amendments proposed by parties other than the Township Planning Commission,
the Board of Supervisors shall submit each amendment to the Township Planning
Commission at least 30 days prior to the public hearing on such amendment.
(b)
A report of the review by the Township Planning Commission, together with any
recommendations, may be given to the Board of Supervisors within 30 days from the
date of said referral. The recommendation of the Township Planning Commission may
include a specific statement as to whether or not the proposed action is in accordance
with the intent of this chapter and any officially adopted comprehensive plan of the
Township.
(5)
Lancaster County Planning Commission Referrals: All proposed amendments shall be
submitted to the Lancaster County Planning Commission at least 45 days prior to the public
hearing on such amendments. The Commission may submit recommendations to the Board of
Supervisors; however, if the Lancaster County Planning Commission fails to act within 45
days, the Board of Supervisors may proceed without its recommendations.
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Page 159
(6)
(7)
Adjournment of Public Hearing: If during the public hearing process the Board of Supervisors
needs additional time to understand the proposal, inform the public, receive public comment
and/or render a decision, it may adjourn the public hearing to a time and place certain.
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to
the Lancaster County Planning Commission.
C.
AMENDMENTS INITIATED BY THE TOWNSHIP PLANNING COMMISSION
(1)
When an amendment, supplement, change or repeal is initiated by the Township Planning
Commission, the proposal shall be presented to the Board of Supervisors, which shall then
proceed in the same manner as with a petition to the Board of Supervisors which has already
been reviewed by the Township Planning Commission.
(2)
Amendment initiated by the Board of Supervisors. When an amendment, supplement, change
or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or
repeal shall follow the procedure prescribed for a petition under §270-9.5.B.
D.
AMENDMENT INITIATED BY A PETITION FROM AN INTERESTED PARTY – A petition for
amendment, supplement, change or repeal for a portion of this chapter shall include an accurate legal
description and surveyed plan of any land to be rezoned and all of the reasons supporting the petition
to be considered. The petition shall also be signed by at least one record owner of the property in
question, whose signature shall be notarized attesting to the truth and correctness of all the facts and
information presented in the petition. A fee, to be established by the Board of Supervisors, shall be
paid upon the filing of such petition for change and for the purpose of defraying the costs of the
proceedings prescribed herein. The Board of Supervisors may require duplicate sets of petition
materials.
E.
CURATIVE AMENDMENT BY A LANDOWNER – A Landowner who desires to challenge on
substantive grounds the validity of this chapter or the Official Zoning Map or any provision thereof
which prohibits or restricts the use or development of land in which he has an interest may submit a
curative amendment to the Board of Supervisors in accordance with Sections 609(2) and 916(1) of the
Pennsylvania Municipalities Planning Code, as amended.
F.
CURATIVE AMENDMENT BY THE BOARD OF SUPERVISORS
(1)
The Board of Supervisors, by formal action, may declare this chapter or portions thereof
substantively invalid and propose to prepare a curative amendment to overcome such
invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors
shall:
(a)
By resolution, make specific findings setting forth the declared invalidity of this
chapter or portions thereof, which may include:
[1]
Reference to specific uses which are either not permitted or not permitted in
sufficient quantity.
[2]
Reference to a class of use or uses which require revision.
[3]
Reference to the entire chapter which requires revisions.
(b)
Begin to prepare and consider a curative amendment to this chapter to correct the
declared invalidity.
(2)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall
enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the
provisions required by § 609 of the Act in order to cure the declared invalidity of this chapter.
(3)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required
to entertain or consider any curative amendment filed by a landowner. Nor shall the ZHB be
required to give a report, upon request, for a challenge to the validity of this chapter under
§270-9.1.E subsequent to the declaration and proposal, based upon the grounds identical to or
substantially similar to those specified in the resolution required by this section. Upon the
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(4)
G.
enactment of a curative amendment to or the reaffirmation of the validity of this chapter, no
rights to a cure by amendment or challenge shall, from the date of the declaration and
proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended
zoning ordinance for which the Board of Supervisors propose to prepare a curative
amendment.
The Board of Supervisors, having utilized the procedures as set forth in this section, may not
again utilize said procedures for a thirty-six-month period following the date of the enactment
of a curative amendment or reaffirmation of the validity of this chapter; provided, however,
that, if after the date of declaration and proposal there is a substantially new duty or obligation
imposed upon the Township by virtue of a decision by any court of competent jurisdiction, the
Board of Supervisors may utilize the provisions of this section to prepare a curative
amendment to this chapter to fulfill this duty or obligation.
AUTHENTICATION OF OFFICIAL ZONING MAP – Whenever there has been a change in the
boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change
on the Official Zoning Map shall be made and shall be duly certified by the Township Secretary and
shall thereafter be refiled as part of the permanent records of the Township.
§270-9.6
CONDITIONAL USES
A.
FILING OF CONDITIONAL USE – For any use permitted by conditional use, a conditional use must
be obtained from the Board of Supervisors. In addition to the information required on the zoning
permit application, the conditional use application must show:
(1)
Names and address of adjoining landowners, including lots directly across a public right-ofway.
(2)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate
compliance with all applicable provisions of this chapter.
(3)
A written description of the proposed use in sufficient detail to demonstrate compliance with
all applicable provisions of this chapter.
(4)
Ground floor plans and elevations of proposed structures for all business land uses.
B.
GENERAL CRITERIA – Each applicant must demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter.
(2)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby lots.
(3)
The proposed use will not affect a change in the character of the subject property's
neighborhood.
(4)
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and
ambulance protection, sewer, water and other utilities, vehicular access, etc.).
(5)
For development within a floodplain, that the application complies with those requirements
listed in the Flood Plain Ordinance of East Hempfield Township.
(6)
The proposed use shall comply with those criteria specifically listed in Article 9 of this
chapter. In addition, the proposed use must comply with all other applicable regulations of this
chapter.
(7)
The proposed use will not substantially impair the integrity of Growing Together: A
Comprehensive Plan for Central Lancaster County.
C.
CONDITIONS – The Board of Supervisors, in approving conditional use applications, may attach
conditions considered necessary to protect the public welfare and the purposes listed above, including
conditions which are more restrictive than those established for other uses in the same zone. These
conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall
constitute a violation of this chapter and be subject to the penalties described in this article.
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D.
SITE PLAN APPROVAL – Any site plan presented in support of the conditional use pursuant to
§270-9.6 shall become an official part of the record for said conditional use. Approval of any
conditional use will also bind the use in accordance with the submitted site plan; therefore, should a
change in the site plan be required as part of the approval of the use, the applicant shall revise the site
plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property
not reflected on the originally approved site plan shall require the obtainment of another conditional
use approval.
E.
HEARING PROCEDURES – All hearings on conditional use applications will be conducted in
accordance with the Pennsylvania Municipalities Planning Code, as amended.
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article 1 - East Hempfield Township

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