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East Hempfield Township
City Zoning Code

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.[1] Where applicable, no building permit shall be issued for a use not specifically listed in this article 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 chapter are permitted.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.

§ 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 chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Agricultural operations.
(b) 
Forestry activities.
(2) 
Residential uses:
(a) 
Single-family detached dwelling.
(b) 
Two-family conversions.
(3) 
Business uses:
(a) 
Bed-and-breakfast.
(b) 
Day-care services, family.
(c) 
Farm-based business.
(d) 
Riding stables.
(4) 
Civic/social/utility uses:
(a) 
Municipal use.
(b) 
Park and recreation facilities, public.
(c) 
Public utilities.
(d) 
Schools, K-9.
(e) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Farm stands.
(c) 
Home-based business, no-impact.
(d) 
Non-commercial keeping of livestock.
(e) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(f) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Alternative energy systems, principal.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(1), Accessory dwelling units, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Agritourism.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), Communication antenna and towers, was repealed 2-2-2022 by Ord. No. 2022-02.
(4) 
Historic conversions.
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(5), home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(6) 
Kennels.
(7) 
Private clubs.
(8) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (See also Article 4 for modifications and exceptions).
(1) 
Minimum lot area:
(a) 
Farm: 10 acres.
(b) 
All others uses: one acre minimum.
(c) 
Single-family detached dwelling: See Article 5 (Single-family dwellings).
(2) 
Minimum setbacks for principal uses, accessory uses, and accessory dwellings:
Setback
Principal
(feet)
Accessory
(feet)
Accessory Dwelling
(feet)
Front
30
Not permitted
Not permitted in front yard
Side
15
10
10
Rear
30
10
10
(3) 
Minimum lot width:
(a) 
Agricultural: 125 feet.
(b) 
Business: 65 feet.
(c) 
Civic/social: 65 feet.
(d) 
Residential: 100 feet.
(4) 
Maximum lot coverage:
(a) 
Agricultural: 60%.
(b) 
Business: 70%.
(c) 
Civic/social: 70%.
(d) 
Residential: 35%.
(5) 
Maximum building height:
(a) 
Residential use: 35 feet.
(b) 
Nonresidential/uses structures: 45 feet.
(6) 
Agricultural setback requirements: See regulations in Article 4.
(7) 
Agricultural disclaimer: See regulations in Article 4.
(8) 
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.[4] All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements.
[4]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(9) 
On-lot sewer and water: All uses in this zone shall provide for individual on-lot sewer and water facilities.
(10) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(11) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(12) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(13) 
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 Article 4 of this chapter.)
(14) 
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 Article 4 of this chapter.)
(15) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(16) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Agricultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(b) 
Agricultural wholesale operations.
(c) 
Forestry activities.
(2) 
Residential uses:
(a) 
Single-family detached dwelling.
(b) 
Two-family conversions.
(3) 
Business uses:
(a) 
Auction, retail.
(b) 
Auction, wholesale.
(c) 
Bed-and-breakfast.
(d) 
Camps and campgrounds.
(e) 
Contractor business and storage.
(f) 
Farm-based business.
(g) 
Heavy equipment sales, service, and repair.
(h) 
Indoor theater and auditorium.
(i) 
Industrial, light.
(j) 
Office.
(k) 
Veterinary clinic.
(l) 
Veterinary hospital.
(m) 
Motor vehicle sales, leasing, service.
[Added 2-2-2022 by Ord. No. 2022-02]
(n) 
Vehicle wash, rural.
[Added 2-2-2022 by Ord. No. 2022-02]
(4) 
Civic/social/utility uses:
(a) 
Alternative energy systems, accessory.
(b) 
Municipal use.
(c) 
Park and recreation facilities, public.
(d) 
Place of worship, local.
(e) 
Public use.
(f) 
Public utilities.
(g) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(h) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(i) 
School, K-9 and 9-12.
[Added 2-2-2022 by Ord. No. 2022-02]
(5) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Farm stands.
(c) 
Home-based business, no-impact.
(d) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(e) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Alternative energy systems, principal.[1]
[1]
Editor's Note: Former Subsection C(2), School, K-9 and 9-12, and (3), School, post-secondary, was repealed 2-2-2022 by Ord. No. 2022-02.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1), Accessory dwelling units, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Agritourism.
(3) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(3), Communication antenna and towers, was repealed 2-2-2022 by Ord. No. 2022-02.
(4) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(4), Home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(5) 
Industrial, general.
(6) 
Kennels.
(7) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(7), Motor vehicle sales, leasing, and service, was repealed 2-2-2022 by Ord. No. 2022-02.
(8) 
Park and recreation facilities, private and/or commercial.
(9) 
Private club.
(10) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(10), Recycling facility, rural, was repealed 2-2-2022 by Ord. No. 2022-02.
(11) 
Retail sales, rural.
(12) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection D(12), Self-storage facilities, was repealed 2-2-2022 by Ord. No. 2022-02.
(13) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection D(13), Vehicle wash facility, rural, was repealed 2-2-2022 by Ord. No. 2022-02.
(14) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions).
(1) 
Minimum lot area:
(a) 
Residential uses: five acres.
(b) 
All other permitted uses: 43,560 square feet (one acre).
(2) 
Minimum setbacks for principal uses, accessory uses, and accessory dwellings:
Setback
Principal
(feet)
Accessory
(feet)
Accessory Dwelling
(feet)
Front
30
Not permitted in front yard
30
Side
15
10
15
Rear
30
10
30
(3) 
Minimum lot width:
(a) 
Agricultural: 125 feet.
(b) 
Business/civic/social: 65 feet.
(c) 
Residential: 100 feet.
(4) 
Maximum lot coverage:
(a) 
Agricultural: 60%.
(b) 
Business/civic/social: 70%.
(c) 
Residential: 35%.
(5) 
Maximum building height (see also § 270-4.3 for exceptions):
(a) 
Residential uses: 35 feet.
(b) 
Nonresidential uses/structures: 45 feet.
(6) 
Agricultural setback requirements: See regulations in Article 4.
(7) 
Agricultural disclaimer: See regulations in Article 4.
(8) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(9) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(10) 
Driveway and access drives requirements: All driveways and access drives shall comply with the East Hempfield Township Road Ordinance.[9]
[9]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(11) 
On-lot sewer and water: All uses in this zone shall provide for individual on-lot sewer and water facilities.
(12) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(13) 
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 Article 4 of this chapter.)
(14) 
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 Article 4 of this chapter.)
(15) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(16) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 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 standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Agricultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential uses:
(a) 
None.
(3) 
Business uses:
(a) 
Asphalt and concrete processing.
(b) 
Contractor business and storage.
(c) 
Mineral extraction, processing, and storage.
(4) 
Civic/social/utility uses:
(a) 
Alternative energy systems, accessory.
(b) 
Park and recreation facilities, public.
(c) 
Park and recreation facilities, private and commercial.
(d) 
Public use.
(e) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses.
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.[1]
[1]
Editor's Note: Former Subsection B(5)(c), Personal communication devices, which immediately followed this subsection, was repealed 2-2-2022 by Ord. No. 2022-02.
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Alternative energy uses, principal.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved) [2]
[2]
Editor's Note: Former Subsection D(1), Communication antennas and towers, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area: 10 acres.
(2) 
Minimum setbacks for principal and accessory uses: 50 feet from all lot lines.
(3) 
Minimum lot width: none.
(4) 
Maximum lot coverage: none.
(5) 
Maximum building height: 45 feet.
(6) 
Traffic impact study: required. See regulations in the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[3]
[3]
Editor's Note: See Ch. 265, Subdivision and Land Development.
(7) 
Agricultural setback requirements: See regulations in Article 4.
(8) 
Agricultural disclaimer: See regulations in Article 4.
(9) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(10) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(11) 
Driveway and access drives requirements: All driveways and access drives shall comply with the East Hempfield Township Road Ordinance.
(12) 
On-lot sewer and water: All uses in this zone shall provide for individual on-lot sewer and water facilities.
(13) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(14) 
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 Article 4 of this chapter.)
(15) 
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 Article 4 of this chapter.)
(16) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(17) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 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 standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential uses:
(a) 
Group home.
(b) 
Personal care home/shelter care home.
(c) 
Single-family detached dwelling.
(d) 
Single-family attached dwelling, only when approved under the 1994 East Hempfield Township Zoning Ordinance as part of a subdivision and/or land development plan.
[Added 3-18-2015 by Ord. No. 2015-03]
(3) 
Business uses:
(a) 
None.
(4) 
Civic/social/utility uses:
(a) 
Community activity buildings.
(b) 
Place of worship, local.
(c) 
Public use.
(d) 
School, K-9 and 9-12.
(e) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses.
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
(c) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(d) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1), Community rehabilitation facilities, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Cluster developments, but excluding townhouses and multifamily dwellings.
[Added 8-1-2018 by Ord. No. 2018-05]
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1), Accessory dwelling units, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Bed-and-breakfasts.
(3) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(3), Communication antenna, was repealed 2-2-2022 by Ord. No. 2022-02.
(4) 
Day-care services, commercial.
(5) 
Day-care services, family.
(6) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(6), Home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(7) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area:
(a) 
Residential uses: 12,000 square feet.
(b) 
All other uses: 1/2 acre.
(c) 
Cluster developments: See regulations in Article 5.
[Added 8-1-2018 by Ord. No. 2018-05]
(2) 
Minimum setbacks for principal uses, accessory uses, and accessory dwellings:
Setback
Principal
(feet)
Accessory
(feet)
Accessory Dwelling
(feet)
Front
30
Not permitted in front yard
30
Side
10
5
10
Rear
35
5
10
(3) 
Maximum residential density:
(a) 
Single-family detached: three dwelling units per acre.
(b) 
Cluster developments: four dwelling units per gross acre.
[Added 8-1-2018 by Ord. No. 2018-05]
(4) 
Minimum lot width:
(a) 
Agricultural: 100 feet.
(b) 
Business: 100 feet.
(c) 
Civic/social: 100 feet.
(d) 
Residential: 50 feet.
(e) 
Cluster developments: See regulations in Article 5.
[Added 8-1-2018 by Ord. No. 2018-05]
(5) 
Maximum lot coverage:
(a) 
Agricultural: 60%.
(b) 
Business/civic/social: 40%.
(c) 
Residential: single-family detached: 35%.
(d) 
Cluster developments: See regulations in Article 5.
[Added 8-1-2018 by Ord. No. 2018-05]
(6) 
Maximum building height:
(a) 
Principal structures including detached garage and accessory dwelling units: 35 feet.
(b) 
Accessory structures: 20 feet.
(7) 
Agricultural setback requirements: See regulations in Article 4.
(8) 
Agricultural disclaimer: See regulations in Article 4.
(9) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(10) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(11) 
Driveway and access drives requirements: All driveways and access drives shall comply with the East Hempfield Township Road Ordinance.[5]
[5]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(12) 
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.
(13) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(14) 
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 Article 4 of this chapter.)
(15) 
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 Article 4 of this chapter.)
(16) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(17) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Forestry activities.
(b) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential uses:
(a) 
Group home.
(b) 
Multifamily dwelling.
(c) 
Personal care home/shelter care home.
(d) 
Single-family detached dwelling.
(e) 
Single-family semidetached dwelling (duplex).
(f) 
Townhouse.
(3) 
Business uses:
(a) 
None.
(4) 
Civic/social/utility uses:
(a) 
Assisted living facilities.
(b) 
Community activity buildings.
(c) 
Municipal use.
(d) 
Park and recreation facilities, public.
(e) 
Place of worship, local.
(f) 
Public use.
(g) 
School, K-9 and 9-12.
(h) 
School, post-secondary.
(i) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(j) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses.
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
(c) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(d) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Cluster developments.[1]
[1]
Editor's Note: Former Subsection C(2), Community rehabilitation facilities, and (3), Mobile home parks, was repealed 2-2-2022 by Ord. No. 2022-02.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Mobile home parks.
[Amended 2-2-2022 by Ord. No. 2022-02]
(2) 
Bed-and-breakfasts.
(3) 
Boarding homes.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(4), Communication antenna, was repealed 2-2-2022 by Ord. No. 2022-02.
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(5), Convenience stores, was repealed 2-2-2022 by Ord. No. 2022-02.
(6) 
Day-care services, commercial and family.
(7) 
Finance and insurance.
(8) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(8), home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(9) 
Mixed-use building.
(10) 
Professional, scientific and technical offices.
(11) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(11), Restaurants, was repealed 2-2-2022 by Ord. No. 2022-02.
(12) 
Retail sales, service and repair.
(13) 
Two-family conversions.
(14) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area:
(a) 
Residential uses: 4,000 square feet.
(b) 
Cluster developments: See regulations in Article 5.
(c) 
All other uses: 1/2 acre.
(2) 
Minimum setbacks for principal uses, accessory uses, and accessory dwellings:
Setback
Principal
(feet)
Accessory
(feet)
Accessory Dwelling
(feet)
Front
20*
Not permitted in front yard
20
Side
10
5
10
Rear
25
5
10
NOTE:
*
25 feet if a sidewalk is located along the street in front of the dwelling unit
(3) 
Maximum residential density:
(a) 
Single-family detached: four dwelling units per acre.
(b) 
Single-family semidetached: four dwelling units per acre.
(c) 
Townhouse: five dwelling units per acre.
(d) 
Multifamily: five dwelling units per acre.
(e) 
Cluster development: six dwelling units per acre.
(4) 
Minimum lot width:
(a) 
Agricultural: 100 feet.
(b) 
Businesses and mixed uses: 40 feet.
(c) 
Civic/social: 100 feet.
(d) 
Single-family semidetached: 25 feet.
(e) 
Townhouse: 25 feet.
(f) 
All other permitted residential uses: 40 feet.
(g) 
Cluster developments: see regulations in Article 5.
(5) 
Maximum lot coverage:
(a) 
Agricultural: 60%.
(b) 
Business and mixed uses: 60%.
(c) 
Civic/social: 40%.
(d) 
Residential: 60%.
(e) 
Cluster developments: See regulations in Article 5.
(6) 
Maximum building height:
(a) 
Principal structures including attached or detached garage and accessory dwelling units: 35 feet.
(b) 
Accessory structures: 20 feet.
(c) 
Cluster developments: See regulations in Article 5.
(7) 
Maximum building area:
(a) 
Multifamily dwelling: 10,000 square feet.
(b) 
All other permitted uses: 5,000 square feet.
(8) 
Agricultural setback requirements: See regulations in Article 4.
(9) 
Agricultural disclaimer: See regulations in Article 4.
(10) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(11) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(12) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(13) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.
(14) 
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 Article 4 of this chapter.)
(15) 
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 Article 4 of this chapter.)
(16) 
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.
(17) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(18) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 270-3.7 Village Residential Zone (VR).

A. 
Statement of intent: This zone strives to enhance and protect existing traditional village-residential 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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Forestry activities.
(b) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential uses:
(a) 
Group home.
(b) 
Multifamily dwelling.
(c) 
Personal care home/shelter care home.
(d) 
Townhouse.
(e) 
Single-family detached dwelling.
(f) 
Single-family semidetached dwelling (duplex).
(g) 
Two-family conversions.
(3) 
Business uses:
[Amended 10-19-2022 by Ord. No. 2022-15]
(a) 
Day-care services, family.
(b) 
Day-care services, commercial.
(4) 
Civic/social/utility uses:
(a) 
Community activity buildings.
(b) 
Municipal use.
(c) 
Park and recreation facilities, public.
(d) 
Place of worship, local.
(e) 
Public use.
(f) 
Public utilities.
(g) 
School, K-9 and 9-12.
(h) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(i) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses.
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
(c) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(d) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Conditional Uses, was repealed 8-19-2020 by Ord. No. 2020-04 and 2-2-2022 by Ord. No. 2022-02.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1), Accessory dwelling units, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Bed-and-breakfasts.
(3) 
Boarding homes.
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(4), Communication antennas, was repealed 8-19-2020 by Ord. No. 2020-04.
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(6) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area:
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
All permitted residential uses: 8,700 square feet per dwelling unit.
(b) 
Municipal use: none.
(c) 
All other permitted uses: 1/2 acre.
(2) 
Not more than one principal residential use may be erected on a single lot.
[Added 8-19-2020 by Ord. No. 2020-04[5]]
[5]
Editor's Note: This ordinance also redesignated former Subsection E(2) through (21) as Subsection E(3) through (22)
(3) 
Minimum setbacks for principal uses, accessory uses and accessory dwelling units:
[Amended 2-2-2022 by Ord. No. 2022-02]
Setback
Principal
(feet)
Accessory
(feet)
Accessory Dwelling
(feet)
Front
See Subsection E(3)(a) below
Not permitted in front yard
Not permitted
Side
5
0
5
Rear
10
0
10
(a) 
The front yard setback for a new or improved building on a vacant, infill or redeveloped lot shall be not less than the average setback of developed lots on the block, measured from the closest street right-of-way line.
(4) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection E(4), Maximum residential density, was repealed 8-19-2020 by Ord. No. 2020-04.
(5) 
Minimum lot width:
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
Multifamily dwelling: 50 feet.
(b) 
All other residential uses: 35 feet.
(c) 
All other permitted uses: 50 feet.
(6) 
Maximum lot coverage: 50%.
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
A maximum of 70% lot coverage may be permitted provided that approved pervious pavement materials are used and a landscaping plan, in accordance with the Township standards, is prepared, approved, and implemented. In addition, a maintenance schedule for both the pervious pavement materials and the landscaping shall be prepared, approved, and regularly implemented. The property owner shall be required to record an operations and maintenance agreement (O&M) with the Office of the Lancaster County Recorder of Deeds. The Township Zoning Officer shall review and approve all requests and plan submission materials related to an increased lot coverage total.
(7) 
Maximum building area.
[Added 8-19-2020 by Ord. No. 2020-04[7]
(a) 
Multifamily dwelling: 5,000 square feet. Multifamily dwelling buildings shall have a yard space of 50 feet between end walls and front or rear faces of existing or proposed buildings.
[7]
Editor's Note: This ordinance also redesignated former Subsection E(7) through (22) as Subsection E(8) through (23).
(8) 
Minimum building height: The minimum building height is the average building height of buildings located on the block or closest street.
(9) 
Maximum building height: 35 feet.
(10) 
Lot configuration: Where alleys are present, all lots shall front on the primary street and the rear of the lot shall face the alley. No new lot shall front solely on an alley.
[Amended 8-19-2020 by Ord. No. 2020-04]
(11) 
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 in width.
(12) 
Bus stops: Bus stops shall be placed at appropriate locations within the Village Residential Zone as coordinated with local mass transit providers.
(13) 
Agricultural setback requirements: See regulations in Article 4.
(14) 
Agricultural disclaimer: See regulations in Article 4.
(15) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(16) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(17) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(18) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[8]
[8]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(19) 
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 Article 4 of this chapter.)
(20) 
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 Article 4 of this chapter.)
(21) 
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 technically feasible.
[Amended 8-19-2020 by Ord. No. 2020-04]
(22) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(23) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.
F. 
Demolition: No structure shall be demolished without a permit obtained under this provision, except for emergency demolitions.
[Added 8-19-2020 by Ord. No. 2020-04]
(1) 
Process: An applicant desiring the demolition of an accessory structure that is less than 400 square feet and that is not listed in the East Hempfield Township Historic Inventory shall apply directly to the Zoning Officer for a permit. All other requests for demolition shall be treated as a conditional use request under the PA Municipalities Planning Code, as amended. As such, the East Hempfield Township Planning Commission shall review each demolition request and offer their findings to the Board of Supervisors for consideration. The Board of Supervisors shall make a decision whether to grant or deny the permit.
(2) 
Request procedure: A request for demolition can be filed on any business day; however, the Planning Commission may review a request at a particular meeting only if the plan was filed at least 21 calendar days prior to the meeting.
(3) 
Request requirements: A written request shall be submitted with the following materials.
(a) 
A description of the structure in question, with the year it was built and Historic Resource Class designation, if available.
(b) 
The reasons for the demolition request.
(c) 
A certification from the landowner that the structure cannot be feasibly rehabilitated to meet a permitted use.
(d) 
Reference to a submitted or approved land development plan, where applicable. In the case of a request to demolish a principal structure, the request shall not be considered complete and will not be scheduled for hearing until a sketch plan depicting the subsequent redevelopment of the site is provided to the Township.
(4) 
Criteria for review: The burden of proof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The recommendation of the Planning Commission and the decision of the Board of Supervisors shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The purpose of the Village Residential Zone shall also be considered.
(a) 
It is not feasible to continue the current use.
(b) 
Other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
(c) 
Adaptive use opportunities do not exist due to constraints related to the building, structure or property.
(d) 
The building, it's permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
(e) 
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(f) 
The demolition will not adversely affect the character of the property, streetscape, neighborhood or community.
(g) 
A proposed new building, structure or use (if applicable) on or of the property will not adversely affect the character of the streetscape, neighborhood or community.
(h) 
The building is structurally unsound.
(i) 
The denial of demolition would result in unreasonable economic hardship to the owner.
(j) 
Sale of the building or structure is impossible or impractical.
(k) 
Denial of demolition will deprive the property as a whole of all beneficial use.
(5) 
Associated land development plan: If the application for a permit for demolition of one or more principal structure is being requested to facilitate future development of the land, the said permit shall not be issued until the following additional requirements have been satisfied.
(a) 
Approval of the land development plan by the Board of Supervisors;
(b) 
Issuance of any necessary zoning approvals; and
(c) 
The recording of the approved subdivision or land development plan for the parcel where the demolition is proposed.
(6) 
Pre-demolition requirements: In those instances where an application for demolition is approved, the building(s) to be demolished shall be historically and photographically documented. The extent of the documentation shall be determined by the significance of the building(s). When documentation is complete the building shall be dismantled and recycled to the greatest extent possible. Electronic copies of all documentation shall be submitted to the Township.
(7) 
Denial of demolition: All appeals from decisions of the Board of Supervisors in the administration of this section shall be made in accordance with the provisions of the Municipalities Planning Code, Article X-A.
(8) 
Enforcement: In addition to the enforcement provisions in § 270-9.2, the Zoning Officer, with the authorization of the Board of Supervisors, may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(9) 
Emergency demolitions: Emergency demolitions to protect the health, safety and welfare of the citizens of East Hempfield Township are regulated under the East Hempfield Township Property Maintenance Code, Uniform Building Code, or its successors and the provisions of that Code shall take precedence over the provisions contained herein.
(10) 
Demolition by neglect:
(a) 
General requirements: Demolition by neglect is the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation.
[1] 
Codes violations: If the Zoning Officer cited a property owner of a principal structure for conditions that has or could lead to structural weakness, decay or deterioration and the property owner fails to correct the condition(s) in the time specified, that property owner may be cited by the Zoning Officer also for demolition by neglect under these provisions and be subject to the penalties contained herein.
[2] 
The owner of unoccupied principal or accessory buildings or structures that have been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied Class I or Class II historic resources. Said maintenance program shall be established in accordance with East Hempfield Township Property Maintenance Code. A copy of the maintenance program shall be filed with the Zoning Officer, with the Board of Supervisors authorization, and implementation begun in accordance with an established timetable.
[a] 
The maintenance program shall address measures to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building or structure. Structural features requiring stabilization include, but may not be limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.
[b] 
The exterior and interior of the building or structure shall be inspected no less than annually by the Zoning Office with the owner or the owner's agent to determine code compliance with the established maintenance program.
(11) 
Enforcement.
(a) 
In addition to the enforcement provisions in § 270-9.2, the Zoning Officer may authorize action to withhold issuance of any and all zoning and building permits for a period of up to two years for any property that, at the time of the enactment of these provisions, was occupied by a building or structure that was subsequently demolished by neglect, except that permits may be issued for the abatement of any cited condition governed by East Hempfield Township.
(b) 
In addition, the Zoning Officer may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.

§ 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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Forestry activities.
(b) 
Horticultural operations.
(2) 
Residential uses:
(a) 
Group home.
(b) 
Multifamily dwelling.
(c) 
Single-family detached dwelling unit.
(d) 
Single-family semidetached dwelling (duplex).
(e) 
Townhouse.
(f) 
Two-family conversions.
(3) 
Business uses:
(a) 
Amusement, fitness, and entertainment businesses.
(b) 
Bed-and-breakfasts.
(c) 
Conveniences stores.
(d) 
Day-care services, commercial.
(e) 
Finance and insurance.
(f) 
Funeral homes.
(g) 
Grocery store.
(h) 
Industrial, light.
(i) 
Lodging and overnight accommodations.
(j) 
Mixed-use building.
(k) 
Bars/taverns.
[Added 2-2-2022 by Ord. No. 2022-02[1]]
[1]
Editor’s Note: Former Subsection B(3)(k), Motor vehicle fueling station, was repealed 5-1-2019 by Ord. No. 2019-07.
(l) 
Performing arts and related industry.
(m) 
Private club.
(n) 
Professional, scientific and technical offices.
(o) 
Restaurants.
(p) 
Retail sales, service and repair.
(q) 
Shopping complex.
(r) 
Veterinary clinic.
(s) 
Car wash and detailing.
[Added 5-1-2019 by Ord. No. 2019-07]
(4) 
Civic/social/utility uses:
(a) 
Community activity buildings.
(b) 
Municipal use.
(c) 
Park and recreation facilities, public.
(d) 
Place of worship, local.
(e) 
Public use.
(f) 
Public utilities.
(g) 
School, K-9 and 9-12.
(h) 
School, post-secondary.
(i) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(j) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
(c) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(d) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Heavy timber warehouse conversions.[2]
[2]
Editor's Note: Former Subsection C(2), Nightclubs, which immediately followed this subsection, was repealed 8-19-2020 by Ord. No. 2020-04.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[3]
[3]
[Editor's Note: Former Subsection D(1), Accessory dwelling units, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(2), Assisted living facilities, was repealed 8-19-2020 by Ord. No. 2020-04.
(3) 
(Reserved)[5]
[5]
[Editor's Note: Former Subsection D(3), Bars/taverns, was repealed 2-2-2022 by Ord. No. 2022-02.
(4) 
Boarding homes.
(5) 
Cemeteries.
(6) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(6), Communication antennas, was repealed 8-19-2020 by Ord. No. 2020-04.
(7) 
(Reserved)[7]
[7]
Editor’s Note: Former Subsection D(8), which immediately followed this subsection, Motor vehicle fueling station, was repealed 5-1-2019 by Ord. No. 2019-07. Former Subsection D(7), home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(8) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area:
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
All permitted residential uses: 8,700 square feet per dwelling unit.
(b) 
Municipal use: none.
(c) 
All other permitted uses: 1/2 acre.
(2) 
Not more than one principal residential use may be erected on a single lot.
[Added 8-19-2020 by Ord. No. 2020-04[8]]
[8]
Editor's Note: This ordinance also redesignated former Subsection E(2) through (23) as Subsection E(3) through (24).
(3) 
Minimum setbacks for principal uses, accessory uses, and accessory dwelling units:
Setback
Principal
Accessory
Accessory Dwelling
RESIDENTIAL
Front
Not less than the average setback of developed lots on the block, measured from the closest street right-of-way line
Not permitted in front yard
Not permitted in front yard
Side
5 feet
0 feet
5 feet
Rear
10 feet
0 feet
10 feet
NONRESIDENTIAL
Front
See Subsection E(2)(a) below
Equal to the principal
Not permitted in front yard
Side
10 feet from other nonresidential uses. 20 feet from adjacent residential uses
10 feet from other nonresidential uses. 20 feet from adjacent residential uses.
10 feet
Rear
10 feet
0 feet
10 feet
(a) 
Parking facilities contained on commonly held lands shall have a minimum separation distance of 20 feet to any other nonresidential or residential building. Pedestrian walkways and lighting may be constructed within the twenty-foot setback.
(4) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection E(4), Maximum residential density, was repealed 8-19-2020 by Ord. No. 2020-04.
(5) 
Minimum lot width:
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
Multifamily dwelling: 50 feet.
(b) 
All other residential uses: 35 feet.
(c) 
All other permitted uses: 50 feet.
(6) 
Maximum lot coverage: 50%.
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
A maximum of 70% lot coverage may be permitted provided that approved pervious pavement materials are used and a landscaping plan, in accordance with the Township standards, is prepared, approved, and implemented. In addition, a maintenance schedule for both the pervious pavement materials and the landscaping shall be prepared, approved, and regularly implemented. The property owner shall be required to record an operations and maintenance agreement (O&M) with the Office of the Lancaster County Recorder of Deeds. The Township Zoning Officer shall review and approve all requests and plan submission materials related to an increased lot coverage total.
(7) 
Maximum building height: 35 feet. If an underground parking facility is utilized for a multifamily 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.
(8) 
Maximum building area: 5,000 square feet; with the following exceptions:
[Amended 8-19-2020 by Ord. No. 2020-04]
(a) 
Convenience store: 6,000 square feet.
(b) 
Grocery store: 10,000 square feet.
(9) 
Lot configuration: Where alleys are present, all lots shall front on the primary street and the rear of the lot shall face the alleyway. No new lot shall front solely on an alley.
[Amended 8-19-2020 by Ord. No. 2020-04]
(10) 
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 in width.
(11) 
Bus stops: Bus stops shall be placed at appropriate locations within the Village Center Zone as coordinated with local mass transit providers.
(12) 
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 nonresidential use or uses.
(13) 
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.
(14) 
Agricultural setback requirements. See regulations in Article 4.
(15) 
Agricultural disclaimer. See regulations in Article 4.
(16) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(17) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter, 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 chapter.
(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 single-family 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 nonresidential use must be located in a parking area whose furthest point is within 500 feet from the building.
[Amended 8-19-2020 by Ord. No. 2020-04]
(g) 
Shared parking is encouraged within the Village Center Zone. Applicant may request a modification and reduction of the number of required parking spaces, as specified in Article 8, when two or more uses are able to share parking spaces because demands occur at different times.
[Amended 8-19-2020 by Ord. No. 2020-04]
(18) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(19) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[10]
[10]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(20) 
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 Article 4 of this chapter.)
(21) 
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 Article 4 of this chapter.)
(22) 
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.
(23) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(24) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.
F. 
Demolition: No structure shall be demolished without a permit obtained under this provision, except for emergency demolitions.
[Added 8-19-2020 by Ord. No. 2020-04]
(1) 
Process: An applicant desiring the demolition of an accessory structure that is less than 400 square feet and that is not listed in the East Hempfield Township Historic Inventory shall apply directly to the Zoning Officer for a permit. All other requests for demolition shall be treated as a conditional use request under the PA Municipalities Planning Code, as amended. As such, the East Hempfield Township Planning Commission shall review each demolition request and offer their findings to the Board of Supervisors for consideration. The Board of Supervisors shall make a decision whether to grant or deny the permit.
(2) 
Request procedure: A request for demolition can be filed on any business day; however, the Planning Commission may review a request at a particular meeting only if the plan was filed at least 21 calendar days prior to the meeting.
(3) 
Request requirements: A written request shall be submitted with the following materials.
(a) 
A description of the structure in question, with the year it was built and Historic Resource Class designation, if available.
(b) 
The reasons for the demolition request.
(c) 
A certification from the landowner that the structure cannot be feasibly rehabilitated to meet a permitted use.
(d) 
Reference to a submitted or approved land development plan, where applicable. In the case of a request to demolish a principal structure, the request shall not be considered complete and will not be scheduled for hearing until a sketch plan depicting the subsequent redevelopment of the site is provided to the Township.
(4) 
Criteria for review: The burden of proof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The recommendation of the Planning Commission and the decision of the Board of Supervisors shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The purpose of the Village Center Zone shall also be considered.
(a) 
It is not feasible to continue the current use.
(b) 
Other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
(c) 
Adaptive use opportunities do not exist due to constraints related to the building, structure or property.
(d) 
The building, it's permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
(e) 
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(f) 
The demolition will not adversely affect the character of the property, streetscape, neighborhood or community.
(g) 
A proposed new building, structure or use (if applicable) on or of the property will not adversely affect the character of the streetscape, neighborhood or community.
(h) 
The building is structurally unsound.
(i) 
The denial of demolition would result in unreasonable economic hardship to the owner.
(j) 
Sale of the building or structure is impossible or impractical.
(k) 
Denial of demolition will deprive the property as a whole of all beneficial use.
(5) 
Associated land development plan: If the application for a permit for demolition of one or more principal structure is being requested to facilitate future development of the land, the said permit shall not be issued until the following additional requirements have been satisfied.
(a) 
Approval of the land development plan by the Board of Supervisors;
(b) 
Issuance of any necessary zoning approvals; and
(c) 
The recording of the approved subdivision or land development plan for the parcel where the demolition is proposed.
(6) 
Pre-demolition requirements: In those instances where an application for demolition is approved, the building(s) to be demolished shall be historically and photographically documented. The extent of the documentation shall be determined by the significance of the building(s). When documentation is complete the building shall be dismantled and recycled to the greatest extent possible. Electronic copies of all documentation shall be submitted to the Township.
(7) 
Denial of demolition: All appeals from decisions of the Board of Supervisors in the administration of this section shall be made in accordance with the provisions of the Municipalities Planning Code, Article X-A.
(8) 
Enforcement: In addition to the enforcement provisions in § 270-9.2, the Zoning Officer, with the authorization of the Board of Supervisors, may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(9) 
Emergency demolitions: Emergency demolitions to protect the health, safety and welfare of the citizens of East Hempfield Township are regulated under the East Hempfield Township Property Maintenance Code, Uniform Building Code, or its successors and the provisions of that Code shall take precedence over the provisions contained herein.
(10) 
Demolition by neglect:
(a) 
General requirements: Demolition by neglect is the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation.
[1] 
Codes violations: If the Zoning Officer cited a property owner of a principal structure for conditions that has or could lead to structural weakness, decay or deterioration and the property owner fails to correct the condition(s) in the time specified, that property owner may be cited by the Zoning Officer also for demolition by neglect under these provisions and be subject to the penalties contained herein.
[2] 
The owner of unoccupied principal or accessory buildings or structures that have been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied Class I or Class II historic resources. Said maintenance program shall be established in accordance with East Hempfield Township Property Maintenance Code. A copy of the maintenance program shall be filed with the Zoning Officer, with the Board of Supervisors authorization, and implementation begun in accordance with an established timetable.
[a] 
The maintenance program shall address measures to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building or structure. Structural features requiring stabilization include, but may not be limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.
[b] 
The exterior and interior of the building or structure shall be inspected no less than annually by the Zoning Office with the owner or the owner's agent to determine code compliance with the established maintenance program.
(11) 
Enforcement.
(a) 
In addition to the enforcement provisions in § 270-9.2, the Zoning Officer may authorize action to withhold issuance of any and all zoning and building permits for a period of up to two years for any property that, at the time of the enactment of these provisions, was occupied by a building or structure that was subsequently demolished by neglect, except that permits may be issued for the abatement of any cited condition governed by East Hempfield Township.
(b) 
In addition, the Zoning Officer may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.

§ 270-3.9 Community Business Center Zone (CBC).

[Amended 3-18-2015 by Ord. No. 2015-03; 5-1-2019 by Ord. No. 2019-07; 7-15-2020 by Ord. No. 2020-03; 2-2-2022 by Ord. No. 2022-02; 3-2-2022 by Ord. No. 2022-03; 5-18-2022 by Ord. No. 2022-09; 9-7-2022 by Ord. No. 2022-12; 3-1-2023 by Ord. No. 2023-01; 5-15-2024 by Ord. No. 2024-01]
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 nonmotorized 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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Forestry activities.
(b) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential use:
(a) 
Multifamily dwelling.
(b) 
Townhouse.
(c) 
Two-family conversions.
(d) 
Single-family semidetached dwelling (duplex).
(3) 
Business uses:
(a) 
Amusement, fitness, and entertainment businesses.
(b) 
Bed-and-breakfasts.
(c) 
Conveniences stores.
(d) 
Drive-through and drive-in services.
(e) 
Finance and insurance.
(f) 
Grocery store.
(g) 
Industrial, light.
(h) 
Lodging and overnight accommodations.
(i) 
Mixed-use building.
(j) 
(Reserved)
(k) 
Motor vehicle sales, leasing, and service.
(l) 
Private club.
(m) 
Professional, scientific and technical offices.
(n) 
Restaurant.
(o) 
Retail sales, service and repair.
(p) 
Self-storage facilities.
(q) 
Shopping complex.
(r) 
Veterinary hospital/clinic.
(s) 
Personal care service.
(t) 
Contractor business and storage.
(u) 
Car wash and detailing.
(v) 
Drive-through restaurant.
(w) 
Boarding kennels.
(4) 
Civic/social/utility uses:
(a) 
Community activity buildings.
(b) 
Municipal use.
(c) 
Park and recreation facilities, public.
(d) 
Place of worship, local.
(e) 
Public utilities.
(f) 
Recycling facilities less than 300 square feet.
(g) 
School, post-secondary.
(h) 
WF collocations and ROW WF collocations.
(i) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
(5) 
Accessory uses customarily incidental to the above permitted uses.
(a) 
Alternative energy systems, accessory.
(b) 
Accessory dwelling units.
(c) 
Home-based business, no-impact.
(d) 
Home-based business, impact.
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)
(2) 
Bars/taverns.
(3) 
Boarding homes.
(4) 
Cemeteries.
(5) 
Home-based business, impact.
(6) 
Nightclubs.
(7) 
Place of worship, regional.
(8) 
Small cell WFs and macrocell WFs.
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area: None.
(2) 
Minimum setbacks for principal uses, accessory uses, and accessory dwelling units.
Setback
Principal
Accessory
Accessory Dwelling
RESIDENTIAL
Front
20 feet*
Not permitted in front yard
20 feet
Side
10 feet
5 feet
10 feet
Rear
20 feet
5 feet
10 feet
NONRESIDENTIAL
Front
20 feet
20 feet
Not permitted in front yard
Side
10 feet from other nonresidential uses. 20 feet from adjacent residential uses
10 feet from other nonresidential uses. 20 feet from adjacent residential uses
10 feet
Rear
20 feet
10 feet
10 feet
NOTE:
*
25 feet if a sidewalk is located along the street in front of the dwelling unit
(3) 
Maximum residential density:
(a) 
Townhouse: four dwelling units per acre.
(b) 
Multifamily: four dwelling units per acre.
(c) 
Single-family semidetached dwelling (duplex): four dwelling units per acre.
(4) 
Minimum lot width:
(a) 
Agriculture: 100 feet.
(b) 
Residential: 20 feet.
(c) 
Civic/social: 50 feet.
(d) 
Business: 50 feet.
(5) 
Maximum lot coverage: 70%.
(6) 
Maximum building height:
(a) 
Residential: 35 feet.
(b) 
All other uses: 45 feet.
(7) 
Maximum building area:
(a) 
Grocery store: 65,000 square feet.
(b) 
Industrial, light: 10,000 square feet.
(c) 
Lodging and overnight accommodations: 30,000 square feet.
(d) 
Retail businesses (excluding convenience stores): 25,000 square feet.
(e) 
Self-storage facilities.
[1] 
Lots more than 10 acres, provided the lot is accessible via a collector road: 65,000 square feet.
[2] 
All other lots not meeting the requirements of § 270-3.9E(7)(e)[1]: 15,000 square feet.
(f) 
All other buildings: 15,000 square feet.
(8) 
Agricultural setback requirements: See regulations in Article 4.
(9) 
Agricultural disclaimer: See regulations in Article 4.
(10) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(11) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(12) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(13) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[1]
[1]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(14) 
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 Article 4 of this chapter.)
(15) 
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 Article 4 of this chapter.)
(16) 
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 or is prohibitively expensive.
(17) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(18) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 270-3.10 Regional Commerce Center Zone (RCC).

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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Forestry activities.
(b) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (Single-family dwellings).
(2) 
Residential uses:
(a) 
Personal care home/shelter care home.
(3) 
Business uses:
(a) 
Amusement, fitness, and entertainment businesses.
(b) 
Auction, retail.
(c) 
Bed-and-breakfasts.
(d) 
Contractor business and storage.
(e) 
Convenience store.
(f) 
Day-care services, commercial.
(g) 
Drive-through and drive-in services.
(h) 
Finance and insurance.
(i) 
Grocery stores.
(j) 
Industrial, light.
(k) 
Lodging and overnight accommodations.
(l) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B(3)(l), Motor vehicle fueling station, was repealed 5-1-2019 by Ord. No. 2019-07.
(m) 
Motor vehicle sales, leasing, and service.
(n) 
Private club.
(o) 
Professional, scientific and technical offices.
(p) 
Restaurants.
(q) 
Retail sales, service and repair.
(r) 
Self-storage facilities.
(s) 
Shopping complexes.
(t) 
Veterinary clinic.
(u) 
Veterinary hospital.
(v) 
Personal care service.
[Added 3-18-2015 by Ord. No. 2015-03]
(w) 
Car wash and detailing.
[Added 5-1-2019 by Ord. No. 2019-07]
(x) 
Drive-through restaurant.
[Added 5-18-2022 by Ord. No. 2022-09]
(y) 
Heavy equipment sales, service and repair.
[Added 10-18-2023 by Ord. No. 2023-05]
(4) 
Civic/social/utility uses:
(a) 
Assisted living facilities.
(b) 
Community activity buildings.
(c) 
Municipal use.
(d) 
Park and recreation facilities, private and/or commercial.
(e) 
Park and recreation facilities, public.
(f) 
Place of worship, local.
(g) 
Public use.
(h) 
Public utilities.
(i) 
Recycling facilities less than 300 square feet.
(j) 
School, post-secondary.
(k) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(l) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Accessory dwelling units.
[Amended [2]]
[2]
2-2-2022 by Ord. No. 2022-02
(c) 
Home-based business, no-impact.[3]
[3]
Editor's Note: Former Subsection B(5)(d), Personal communications devices, which immediately followed this subsection, was repealed 2-2-2022 by Ord. No. 2022-02.
(d) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Industrial, general.[4]
[4]
Editor's Note: Former Subsection C(2), Nightclubs, which immediately followed this subsection, was repealed 2-2-2022 by Ord. No. 2022-02.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Bars/taverns.
(2) 
(Reserved)[5]
[5]
Editor's Note: Editor's Note: Former Subsection D(2), home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(3) 
Nightclubs.
[Amended 2-2-2022 by Ord. No. 2022-02]
(4) 
(Reserved)[6]
[6]
Editor’s Note: Former Subsection D(4), Motor vehicle fueling station, was repealed 5-1-2019 by Ord. No. 2019-07.
(5) 
Place of worship, regional.
(6) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area: None.
(2) 
Minimum setbacks for principal and accessory uses:
Setback
Principal
Accessory
Accessory Dwelling
RESIDENTIAL
Front
35 feet
Not permitted in front yard
20 feet
Side
10 feet
5 feet
10 feet
Rear
20 feet
10 feet
10 feet
NONRESIDENTIAL
Front
35 feet
35 feet
Not permitted in front yard
Side
10 feet from other nonresidential uses. 20 feet from adjacent residential uses
10 feet from other nonresidential uses. 20 feet from adjacent residential uses
10 feet
Rear
20 feet
10 feet
10 feet
(3) 
Maximum residential density: eight dwelling units per acre.
(4) 
Minimum lot width:
(a) 
Business: 100 feet.
(b) 
Civic/social: 50 feet.
(c) 
Residential: 50 feet.
(5) 
Maximum lot coverage: 70%.
(6) 
Maximum building height: 45 feet.
(7) 
Agricultural setback requirements: See regulations in Article 4.
(8) 
Agricultural disclaimer: See regulations in Article 4.
(9) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(10) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(11) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(12) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[7]
[7]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(13) 
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 Article 4 of this chapter.)
(14) 
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 Article 4 of this chapter.)
(15) 
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.
(16) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(17) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 270-3.11 Campus Zone (C).

[Amended 5-1-2019 by Ord. No. 2019-07; 7-15-2020 by Ord. No. 2020-03; 2-2-2022 by Ord. No. 2022-02; 6-1-2022 by Ord. No. 2022-10;9-4-2024 by Ord. No. 2024-03]
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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Forestry activities.
(b) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential uses:
(a) 
None.
(3) 
Business uses:
(a) 
Medical hospitals, research facilities, patient care.
(b) 
Finance and insurance.
(c) 
Professional, scientific and technical offices.
(d) 
Day-care services, commercial.
(4) 
Civic/social/utility uses:
(a) 
Assisted living facilities.
(b) 
Community activity buildings.
(c) 
Long-term care facilities.
(d) 
Municipal use.
(e) 
Park and recreation facilities, private and/or commercial.
(f) 
Park and recreation facilities, public.
(g) 
Places of worship, local.
(h) 
Public use.
(i) 
Public utilities.
(j) 
School, K-9 and 9-12.
(k) 
School, post-secondary.
(l) 
WF collocations and ROW WF collocations.
(m) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
(5) 
Campus accessory uses incidental to the campus uses listed below:
(a) 
Residential uses accessory to a permitted medical hospital, research facility, patient care, assisted living facility, long-term care facility, or post-secondary school use:
[1] 
Dormitories.
[2] 
Multifamily dwelling.
[3] 
Personal care home/shelter care home.
[4] 
Townhouse.
[5] 
Single-family detached dwelling.
[6] 
Single-family semidetached dwelling (duplex).
[7] 
Two-family conversions.
(b) 
Business uses accessory to a permitted medical hospital, research facility, patient care, assisted living facility, long-term care facility, or post-secondary school use:
[1] 
Convenience stores.
[2] 
Restaurants.
[3] 
Retail sales, service and repair with a maximum building area of 25,000 square feet.
[4] 
Lodging and overnight accommodations.
[5] 
Mixed-use building.
[6] 
Drive-through and drive-in services.
[7] 
Drive-through restaurant.
(c) 
Civic/social/utility uses accessory to a permitted campus use:
[1] 
Helicopter pad.
(6) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
None.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)
(2) 
Places of worship, regional.
(3) 
Small cell WFs and macrocell WFs.
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area: None.
(2) 
Minimum setbacks for principal and accessory uses:
Setback
Principal
(feet)
Accessory
(feet)
Front
25(1)
20(1)
Side
25
25
Rear
30
30
NOTE:
(1)
Buildings greater than 45 feet in height: the front setback shall be equal to the proposed building height.
(3) 
Maximum residential density:
(a) 
Single-family detached dwelling and duplex: four dwelling units per acre. Calculated using the area of the Campus Zoning District committed to the residential use.
(b) 
Townhouse and multi-family dwelling: five dwelling units per acre. Calculated using the area of the Campus Zoning District committed to the residential use.
(4) 
Minimum lot width:
(a) 
Business: 50 feet.
(b) 
Civic/social: 50 feet.
(c) 
Residential: 20 feet.
(5) 
Maximum lot coverage: 70%.
(6) 
Maximum building height:
(a) 
Principal structure: 90 feet.
(b) 
Accessory structure: 60 feet.
(c) 
Single-family detached dwellings, duplexes, townhomes, and two-family conversions: 35 feet.
(7) 
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.[1] The applicant shall submit an update of the master development plan every five 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 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.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
(8) 
Agricultural setback requirements: See regulations in Article 4.
(9) 
Agricultural disclaimer: See regulations in Article 4.
(10) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(11) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(12) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(13) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[2]
[2]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(14) 
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 Article 4 of this chapter.)
(15) 
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 Article 4 of this chapter.)
(16) 
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.
(17) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(18) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 270-3.12 Enterprise Zone (E).

[6-17-2015 by Ord. No. 2015-07; 11-16-2016 by Ord. No. 2016-05; 5-1-2019 by Ord. No. 2019-07; 7-15-2020 by Ord. No. 2020-03; 2-2-2022 by Ord. No. 2022-02; 5-18-2022 by Ord. No. 2022-09; 9-18-2024 by Ord. No. 2024-04]
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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Agricultural wholesale operations.
(b) 
Forestry activities.
(c) 
Horticultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(2) 
Residential uses:
(a) 
None.
(3) 
Business uses:
(a) 
Auction, automobile.
(b) 
Auction, wholesale.
(c) 
Contractor business and storage.
(d) 
Convenience stores.
(e) 
Heavy equipment sales, service and repair.
(f) 
Industrial, light and general.
(g) 
Lodging and overnight accommodations.
(h) 
Office.
(i) 
(Reserved)
(j) 
Motor vehicle storage.
(k) 
Professional, scientific and technical offices.
(l) 
Regional commercial sports facilities.
(m) 
Self-storage facilities.
(n) 
Motor vehicle sales, leasing and service.
(o) 
Day-care services, commercial.
(p) 
Truck stop.
(q) 
Car wash and detailing.
(r) 
Drive-through restaurant.
(s) 
Inpatient rehabilitation facility, subject to the requirements in Article 5.
(4) 
Civic/social/utility uses:
(a) 
Municipal use.
(b) 
Park and recreation facilities, private and/or commercial.
(c) 
Park and recreation facilities, public.
(d) 
Public utilities.
(e) 
WF collocations and ROW WF collocations.
(f) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
(5) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
(c) 
Accessory dwelling units.
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Adult businesses.
(2) 
Alternative energy systems, principal.
(3) 
(Reserved)
(4) 
Correctional facilities.
(5) 
Industrial, heavy.
(6) 
Legalized gambling establishments.
(7) 
Recycling facilities.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Community rehabilitation facilities.
(2) 
Small cell WFs and macrocell WFs.
(3) 
Home-based business, impact.
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area: None.
(2) 
Minimum setbacks for principal and accessory uses:
Setbacks
Principal
(feet)
Accessory
(feet)
Front
50
Not permitted in front yard
Side
25
15
Rear
35
20
(3) 
Minimum lot width: 200 feet.
(4) 
Maximum lot coverage: 70%.
(5) 
Maximum building height:
(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 50 feet provided that the maximum height of the structure shall not exceed 85 feet. Furthermore, the portion of the structure exceeding the maximum permitted height shall not be used for habitable occupancy.
(6) 
All uses shall meet all state and federal regulations.
(7) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(8) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(9) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(10) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[1]
[1]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(11) 
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 Article 4 of this chapter.)
(12) 
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 Article 4 of this chapter.)
(13) 
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.
(14) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(15) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.
(16) 
Maximum building area:
(a) 
Inpatient rehabilitation facility: 13,750 square feet.

§ 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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Agricultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(b) 
Forestry activities.
(2) 
Residential uses:
(a) 
Single-family detached dwelling, existing historic structures only.
(3) 
Business uses:
(a) 
None.
(4) 
Civic/social/utility uses:
(a) 
Greenways.
(b) 
Municipal use.
(c) 
Park and recreation facilities, private and/or commercial.
(d) 
Park and recreation facilities, public.
(e) 
Private club.
(f) 
Public utilities.
(g) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(h) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses, including but not limited to:
(a) 
Alternative energy systems, accessory.
(b) 
Storage and maintenance garage.
(c) 
Home-based business, no-impact.[1]
[1]
Editor's Note: Former Subsection B(5)(d), Personal communication devices, which immediately followed this subsection, was repealed 2-2-2022 by Ord. No. 2022-02.
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
None.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Golf courses.
(2) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area: None.
(2) 
Minimum setbacks for principal and accessory uses:
Setbacks
Principal
(feet)
Accessory
(feet)
Front
50
Not permitted in front yard
Side
50
35
Rear
50
35
(3) 
Maximum lot coverage: 20%.
(4) 
Minimum lot width:
(a) 
Greenways: none.
(b) 
All other uses: 50 feet.
(5) 
Maximum building height:
(a) 
Agricultural uses: 45 feet.
(b) 
All other uses: 35 feet.
(6) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(7) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(8) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(9) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[2]
[2]
Editor's Note: See Ch. 222, Street and Sidewalks.
(10) 
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 Article 4 of this chapter.)
(11) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(12) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 270-3.14 Agriculture Holding Zone (AH).

A. 
Statement of intent:
(1) 
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.
(2) 
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. 
Permitted uses: The following are uses permitted by right, subject to all other applicable standards of this chapter, including but not limited to specific use provisions in Article 5.
(1) 
Agricultural uses:
(a) 
Agricultural operations, including one single-family detached dwelling contained on the site, subject to the requirements of Article 5 (single-family dwellings).
(b) 
Forestry activities.
(2) 
Residential uses:
(a) 
Single-family detached dwelling.
(3) 
Business uses:
(a) 
Farm-based business.
(b) 
Historic conversions.
(4) 
Civic/social/utility uses:
(a) 
Municipal use.
(b) 
Park and recreation facilities, private and/or commercial.
(c) 
Park and recreation facilities, public.
(d) 
Public use.
(e) 
Public utilities.
(f) 
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(g) 
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5) 
Accessory uses customarily incidental to the above permitted uses:
(a) 
Alternative energy systems, accessory.
(b) 
Home-based business, no-impact.
(c) 
Noncommercial keeping of livestock.
(d) 
Accessory dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
(e) 
Home-based business, impact.
[Added 9-7-2022 by Ord. No. 2022-12]
C. 
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
Alternative energy systems, principal.
D. 
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(1), Accessory dwelling units, was repealed 2-2-2022 by Ord. No. 2022-02.
(2) 
Bed-and-breakfasts.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), Camps and campgrounds, was repealed 2-2-2022 by Ord. No. 2022-02.
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(4), Communication antenna and towers, was repealed 2-2-2022 by Ord. No. 2022-02.
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), home-based business, impact, was repealed 9-7-2022 by Ord. No. 2022-12.
(6) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(6), Kennels, was repealed 2-2-2022 by Ord. No. 2022-02.
(7) 
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E. 
Design standards (see also Article 4 for modifications and exceptions):
(1) 
Minimum lot area:
(a) 
Single-family detached dwelling: 43,560 square feet (one acre); and the maximum shall be 87,120 square feet (two acres). Lot size may increase dependent upon on-lot disposal system suitability as required by the East Hempfield Township On-Lot Disposal System Ordinance.[6]
[6]
Editor's Note: See Ch. 200, Sewers and Sewage Disposal, Art. II, On-Lot Sewage Systems.
(2) 
Minimum setbacks for principal uses, accessory uses, and accessory dwelling units:
Setback
Principal
(feet)
Accessory
(feet)
Accessory Dwelling
(feet)
Front
30
Not permitted in front yard
30
Side
15
5
15
Rear
30
5
30
(3) 
Maximum residential density:
(a) 
Single-family detached: one dwelling unit per acre.
(4) 
Maximum lot width: 100 feet.
(5) 
Maximum lot coverage:
(a) 
Agricultural: 60%.
(b) 
Residential: 25%.
(c) 
Nonresidential (excluding agricultural uses/operations): 25%.
(6) 
Maximum building height:
(a) 
Agricultural uses: 45 feet.
(b) 
Residential uses: 35 feet.
(c) 
Nonresidential uses: 35 feet.
(7) 
Off-street loading: Off-street loading shall be provided as specified in Article 8 of this chapter.
(8) 
Agricultural setback requirements: See regulations in Article 4.
(9) 
Agricultural disclaimer: See regulations in Article 4.
(10) 
Off-street parking: Off-street parking shall be provided as specified in Article 8 of this chapter.
(11) 
Signs: Signs shall be permitted as specified in Article 7 of this chapter.
(12) 
Driveway and access drive requirements: All driveways and access drives shall be in accordance with the East Hempfield Township Road Ordinance.[7]
[7]
Editor's Note: See Ch. 222, Streets and Sidewalks.
(13) 
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 Article 4 of this chapter.)
(14) 
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 Article 4 of this chapter.)
(15) 
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.
(16) 
Waste products: Dumpsters may be permitted in accordance with the provisions of Article 4 of this chapter.
(17) 
All uses (except public uses) permitted within this zone shall also comply with the general provisions contained within Article 4 of this chapter.

§ 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.

§ 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[1] and defined by 14 CFR 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 man-made) in the vicinity of the airport with a total height, including all appurtenances, of over 50 feet, 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 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.
[1]
Editor's Note: See 74 Pa. C.S.A. § 5101 et seq.
E. 
Variance.
(1) 
Any request for a variance shall include documentation in compliance with 14 CFR 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:
(a) 
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.
(b) 
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 Subsection H, Obstruction marking and lighting.
(c) 
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.
(2) 
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 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. 
Preexisting nonconforming 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 nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming 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 Article 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.

§ 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) 
Park and recreation facilities, public.
D. 
Design standards:
(1) 
Corridor width: The corridor shall include the one-hundred-year floodplain areas along creek corridors as shown on the zoning map. Where the calculated one-hundred-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 Subsection C above.
(b) 
Trail development specifications are provided in the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[1]
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
(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 the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

§ 270-3.18 Transferable Development Rights (TDR).

(Reserved)

§ 270-3.19 Floodplain area.

[Amended 3-2-2016 by Ord. No. 2016-01]
The rights and responsibilities involving land within the floodplain area as set forth in the Flood Insurance Rate Map for the Township of East Hempfield are addressed in a separate ordinance adopted on or about the date of this section, as amended from time to time hereafter, entitled “An Ordinance Requiring All Persons, Partnerships, Businesses and Corporations to Obtain a Permit for Any Construction or Development; Providing for the Issuance of Such Permits; Setting Forth Certain Minimum Requirements for New Construction and Development Within Areas of the Township of East Hempfield Which are Subject to Flooding; and Establishing Penalties for Any Persons who Fail, or Refuse to Comply With, the Requirements or Provisions of this Ordinance.”[1]
[1]
Editor’s Note: See Ch. 250, Floodplain Management.