East Hempfield Township, PA Zoning Ordinance

East Hempfield Township
City Zoning Code

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").

§ 270-1.2 Purpose.

This chapter is adopted to regulate and manage the use and development of land and water within East Hempfield Township for the following purposes:

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 nonmotorized modes of travel.

§ 270-1.3 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.

(7)

East Hempfield Township will work to sustain and enhance its older neighborhoods and, at the same time, support carefully planned and coordinated new development.

(8)

East Hempfield Township will be a place that is friendly to business and industry, where economic development and job creation are encouraged and promoted.

§ 270-1.4 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.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 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 they pertain 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 chapter is hereby adopted and made effective as of the effective date of this chapter.

§ 270-1.7 Interpretation, conflict and severability.

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.

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 chapter 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 preempt 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."[1]

[1]

Editor's Note: See 35 P.S. § 691.1 et seq.

[2]

The act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act."[2]

[2]

Editor's Note: See 52 P.S. § 1396.1 et seq.

[3]

The act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act."[3]

[3]

Editor's Note: See 52 P.S. § 1406.1 et seq.

[4]

The act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[4]

[4]

Editor's Note: See 52 P.S. § 30.51 et seq.

[5]

The act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act."[5]

[5]

Editor's Note: The Oil and Gas Act, 58 P.S. §§ 601.101 through 601.605 (12-19-1984, P.L. 1140, No. 223) was repealed 2-14-2012, P.L. 87, No. 13. See now 58 Pa.C.S.A. § 3201 et seq.

[6]

The act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act."[6]

[6]

Editor's Note: See 53 P.S. § 3301 et seq.

[7]

The act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law."[7]

[7]

Editor's Note: See 3 P.S. § 901 et seq.

[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."[8]

[8]

Editor's Note: See 3 P.S. § 951 et seq.

[9]

The act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient Management Act."[9]

[9]

Editor's Note: The Nutrient Management Act, 3 P.S. § 1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

[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."[10]

[10]

Editor's Note: See 3 P.S. § 951 et seq.

(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.

(3)

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 chapter or the application of this chapter 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 chapter or the application of them to other persons or circumstances.

§ 270-1.8 Saving provision.

This chapter 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 chapter, 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 chapter.

§ 270-1.9 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 the application to the Zoning Hearing Board (ZHB) to hear and decide such request as a special exception as per the procedures set forth in Article 9 of this chapter.

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.

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 chapter; and it in no way is in conflict with the general purposes and intent of this chapter.

(2)

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.

New or expansion of agricultural uses. Lands proposed for new and/or expanded agricultural uses must follow the Clean Streams Law, Pennsylvania Chapter 102.4 Erosion and Sedimentation Control,[1] 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).

[1]

Editor's Note: See 35 P.S. § 691.1 et seq.

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,"[2] may bar them from obtaining a legal judgment against such normal agricultural operations.

[2]

Editor's Note: See 3 P.S. § 951 et seq.

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 Establishment of zones.

Rural Resource Area Zones:

(1)

Agriculture Zone (A).

(2)

Rural Business Zone (RB).

(3)

Mineral Extraction Zone (ME).

Residential Zones:

(1)

Low-Density Residential Zone (RL).

(2)

Medium-Density Residential Zone (RM).

Village Zones:

(1)

Village Residential Zone (VR).

(2)

Village Center Zone (VC).

Business Zones:

(1)

Community Business Center Zone (CBC).

(2)

Regional Commerce Center Zone (RCC).

(3)

Campus Zone (C).

Business and Industry Zones:

(1)

Enterprise Zone (E).

Special Zones:

(1)

Recreation/Open Space Zone (ROS).

(2)

Agriculture Holding Zone (AH).

(3)

Transportation Right-Of-Way Zone (TR).

Overlay Zones:

(1)

Airport Hazard Area Overlay Zone (AHAO).

(2)

Greenway Overlay Zone (GO).

(3)

(Reserved)[1]

[1]

Editor's Note: Former Subsection G(3), Floodplain Zone (FP), was repealed 3-2-2016 by Ord. No. 2016-01. For current floodplain regulations, see Ch. 250, Floodplain Management.

(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.[1]

[1]

Editor's Note: The Zoning Map is on file in the Township offices.

§ 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.