East Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 4
General Provisions
§ 270-4.1 Applicability.
The regulations set forth in this article shall be minimum regulations and shall apply uniformly to each class of land use or kind of structure. The regulations contained within this article shall apply to all uses within East Hempfield Township.
§ 270-4.2 Height limit exceptions.
A.
Except as required within the Airport Hazard Overlay Zone (AHO), height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any lot line:
(1)
Water towers, antennas, utility poles, smokestacks, steeples, chimneys, farm silos, windmills, flagpoles, or other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances; and
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line.
B.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, business, civic or social use purposes.
C.
No dwelling shall be less than one story in height, except during a reasonable period of construction not to exceed a twenty-four-month period from the date of issuance of the zoning permit. This time period may be extended by the Zoning Hearing Board.
D.
In no case shall any freestanding or rooftop structure or projection exceed 150 feet in height.
E.
All freestanding or rooftop structures or projections located within the AHO Zone shall adhere to the height limitations of the AHO Zone unless the applicant obtains a permit and/or variance in accordance with the AHO requirements in Article 3.
F.
Medical hospitals, medical facilities and continuing care facilities are permitted to reach a maximum building height of 90 feet.
§ 270-4.3 Business operation standards.
Each business structure or use shall meet the following performance standards:
A.
All business operations shall be in compliance with any and all Commonwealth of Pennsylvania and/or federal government regulations.
B.
Enclosure: All manufacturing or processing activities shall be completely enclosed in buildings, except as provided by conditional use.
C.
Outdoor storage: Junk, salvage, auto wrecking and similar operations shall be fenced, screened or limited in height so as to block substantially any view of such material from any point located on an abutting street or from any point less than eight feet above grade within any abutting residential or commercial zone. However, this section shall not be deemed to require more than an opaque fence or screen not more than 10 feet in height and not longer than the full perimeter of the subject development site, and further provided such screening may be reduced in height so as to avoid shading a solar collector on adjoining lot. No outdoor storage of materials which could be blown into the air or strewn about by wind shall be permitted.
D.
Loading: Truck loading and unloading operations shall take place entirely within the site and shall not be so located as to interfere with pedestrian routes.
E.
Fire hazard: No operation shall be established which fails to meet the fire code and any applicable state or federal codes.
F.
Noise: Noise shall be muffled as available technology permits so as to not be objectionable due to intermittence, beat frequency or shrillness and shall meet all state and local standards.
G.
Sewage and liquid waste: All operations shall comply with any applicable regulations of state or federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
H.
Odor: The emission odors that are generally agreed to be obnoxious to any considerable number of persons is prohibited. Observations shall be made at the lot line of the establishment generating the odors. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes are objectionable, while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors the open air cooling of products with aromatic emissions shall be avoided. Floors, machinery storage containers and other surfaces shall be clean of material which is potentially odor-causing.
I.
Vibrations: All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive as to interfere with operations on nearby premises.
J.
Glare and heat: All glare- and heat-producing operations, such as welding arcs and open furnaces, shall be shielded so that they are not visible from the lot line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the lot line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the lot line more than 3° F.
K.
Interpretation: Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments.
§ 270-4.4 Dumpsters and waste products.
B.
In addition, the following specific requirements shall apply:
(1)
All trash dumpsters shall be located within a side or rear yard.
(2)
Dumpsters shall be screened from adjoining streets and lots in accordance with the screening requirements of the East Hempfield Township Subdivision and Land Development Ordinance, as amended.
(3)
Dumpsters proposed in Zones RL, RM, CBC, RCC, C and E shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
§ 270-4.5 On-lot sewage disposal systems.
All uses requiring on-lot septic systems shall comply with the East Hempfield Township On-Lot Sewage System Ordinance[1] as well as regulations set forth by the Pennsylvania Department of Environmental Protection.
§ 270-4.6 Operations and performance standards.
All uses proposed within East Hempfield Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
A.
Noise pollution and vibration: Rules and Regulations of the Pennsylvania Department of Environmental Protection.
B.
Air pollution, airborne emissions and odor: Rules and Regulations of the Pennsylvania Department of Environmental Protection.
C.
Water pollution: The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. § 691.1 et seq., as amended.
D.
Mine reclamation and open pit setback: Pennsylvania Act No. 1984-219, the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3301 et seq.
E.
Glare and heat: Rules and Regulations of the Pennsylvania Department of Environmental Protection.
F.
Handicap access: The latest version of the Americans With Disabilities Act.
§ 270-4.7 Outdoor storage.
A.
Outdoor storage of parts, equipment, lubricant, fuel or other materials used or discarded as part of service or repair operations shall be permitted as specifically provided herein.
(1)
All outdoor vehicle repair, storage and/or display areas shall be screened from adjoining residential dwelling units that were in existence as of the effective date of this article and/or residentially zoned lots and streets.
(2)
The outdoor storage of unlicensed vehicles and/or junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles is prohibited, except in approved junk yards.
(3)
Demolished vehicles or parts in places other than approved junk yards shall be removed from the site within two weeks of arrival.
(4)
Any outdoor storage of supplies, materials and products associated with any accessory business shall be screened from adjoining streets and lots in accordance with Article 4's visual screening/landscaping standards, as well as the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[1]
B.
Outdoor storage of recreational vehicles, boats, campers, trailers and trucks upon lots containing or adjacent to residential dwellings is prohibited except for the following instances:
[Amended 9-7-2022 by Ord. No. 2022-12]
(1)
For purposes of this section, the storage of commercial trucks and commercial trailers shall be permitted in the Rural Business Zone (RB) when parked at a lawful business.
(2)
Upon any lot used principally for a single-family detached dwelling or an adjacent lot owned by the same landowner as the dwelling lot, the outdoor storage of recreational vehicle and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements.
(a)
The temporary parking of one recreational vehicle for periods not exceeding 72 hours during any seven-day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way, and five feet from adjoining lot lines.
(b)
The storage of a recreational vehicle for periods of time exceeding the limit outlined in § 270-4.7B(2)(a) shall be subject to the following: the outdoor storage of one recreational vehicle shall be permitted per lot, the recreational vehicle must be located outside of the required front yard, and the recreational vehicle must be set back no less than five feet from any adjoining side or rear lot line.
[1]
For developments consisting of more than 20 single-family semidetached dwellings, townhouses, multifamily dwellings, or any combination thereof, a common storage area for such vehicles shall be provided at a minimum rate of 100 square feet per dwelling unit. Such common storage area shall be designed according to the design standards required for off-street parking lots.
[2]
In no case shall the recreational vehicle occupy more than a 320-square-foot space, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, out rigging fishing poles, etc.), but will be measured to the highest point of any fly bridge or other boat console.
[3]
No recreational vehicle shall be stored in front of the front yard setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.
(3)
All areas used for the storage of recreational vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly.
(a)
All recreational vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
(4)
The storage or parking of any commercial truck upon any residentially zoned lot used principally for residential purposes, or upon any public rights-of-way, is permitted for periods not to exceed five consecutive business days.
(a)
For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus payload) of 10,000 pounds.
(b)
In addition, the parking or storage of any trailer other than that accessory to a principal residential use is expressly prohibited on any residentially zoned lot, a lot used principally for residential purposes, or any public right-of-way.
§ 270-4.8 Outdoor stockpiling.
§ 270-4.9 Permanent/temporary occupancy requirements.
No persons or family shall be allowed to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to 14 days in any calendar year on the lot of a friend or relative. If longer time is needed, a written request including the additional time needed and justification for additional time shall be provided to the Zoning Officer for review.
§ 270-4.10 Dimensional modifications.
[Amended 3-18-2015 by Ord. No. 2015-03]
A.
Existing developments:
(1)
Front setback of buildings on built-up streets: Where at least two adjacent buildings within 100 feet of a lot are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the lot.
(2)
Preexisting subdivisions: Where a new or expanded residential structure is proposed on a parcel which had been created as part of an approved subdivision plan under the 1994 East Hempfield Township Zoning Ordinance, the setbacks and maximum lot coverage requirements shown on the approved subdivision plan may be used in lieu of the current standards.
B.
Rail access: Where rail is accessible and necessary to conduct normal business operations, buildings or facilities may be located within a setback area along the rails to accommodate access to the rails.
C.
Accessory or appurtenant structures setbacks:
(1)
Accessory structures are permitted no closer than three feet to the side or rear lot lines, unless specified in applicable zone design standards.
(2)
Accessory structures shall not be located within the front yard.
(3)
Setback modifications herein do not apply to:
(a)
Bus shelters, telephone booths, cornices, eaves, chimneys, steps, canopies and similar extensions, but do apply to porches and patios whether covered or not;
(b)
Open fire escapes;
(c)
Minor public utility structures, sections of ornamentation or decoration; and
(d)
Fences, hedges and retaining walls.
D.
No shrub or tree shall be planted within 20 feet and 30 feet, respectively, of any lands used for agricultural purposes.
[Amended 8-21-2019 by Ord. No. 2019-09]
E.
Agricultural disclaimer: When a residential development is proposed adjacent to actively farmed land, the following statement shall be noted on the plans and on each property deed contained in the development: "This property abuts or is in proximity to an active agricultural or farming operation which is a permitted zoning use. Agricultural operations sometimes emit noise, run-off, odor, dust or chemical spray drift during either the day or night that are annoying or irritants to some people."
F.
No existing conforming lot of record shall be changed to a nonconforming corner lot of record as a result of site improvements for a subdivision or land development plan.
[Added 2-2-2022 by Ord. No. 2022-02]
§ 270-4.11 Temporary use.
A.
All tents, parking lots, roadside or vacant lot sales, and all temporary stand-alone food vendors (not part of a larger event) will require a temporary use permit. Permit requests must include:
(1)
Written permission from the landowner for the use of the site.
(2)
A copy of the user's liability insurance certificate.
(3)
A plot plan or drawing of how the proposed use and parking will be set up on the site.
(4)
A completed Township use and occupancy application.
(5)
Proof of compliance with all state and federal regulations for that use.
B.
A temporary use application can be denied for lack of information or if the site or use is deemed unsafe or illegal by the Township.
C.
All parking for the temporary use shall be located outside of the street right-of-way. Parking shall be provided with safe ingress-egress and vehicle circulation. Vehicles are not permitted to back out directly onto Township and/or state streets.
D.
Emergency structures or trailers for housing, portable offices, construction or other time-sensitive temporary structures may be granted a six-month temporary permit by the Zoning Officer. Permits beyond six months require a special exception from the Zoning Hearing Board.
E.
Except as specifically noted elsewhere in this chapter, all temporary use permits shall expire after 90 days.
F.
All facilities related to the temporary use shall be removed from the site prior to the expiration of the temporary use permit.
G.
Temporary uses, other than those needed for emergency structures or trailers for housing, portable offices, construction or other time-sensitive temporary structures shall:
(1)
Not be greater than 600 square feet of floor area;
(2)
Be portable and removed at the end of the permitted time;
(3)
Be located at least 30 feet from the street right-of-way line; and
(4)
Have a maximum of two signs which shall not exceed a total sign area of 15 square feet nor exceed a maximum height of 15 feet.
H.
Temporary organizational or family social functions, community or organizational fairs, flea markets, fund raisers, or sporting events may require permits. Applicants for such events are encouraged to contact the Township prior to the event to verify if a permit is required.
§ 270-4.12 Vehicle access, required.
Each lot to be created and each principal structure erected or moved shall be on a lot which directly abuts a public street, a street proposed to be dedicated to East Hempfield Township by the subdivision plan which created or creates such lot, or a private street.
§ 270-4.13 Visual screening/landscaping.
A.
General purpose and standards: This section prescribes the type and location of landscaping that is required for each land use listed in this section. The actual design of landscape, plantings, berms, and features described in this section are governed by the landscape requirements of the East Hempfield Township Subdivision and Land Development Ordinance.[1]
(1)
Plan submission: When a land development or subdivision plan is required for any use the landscaping requirements set forth in the East Hempfield Township Subdivision and Land Development Ordinance will take precedence.
(2)
Plantings: The type(s) of plantings shall be limited to species that will not create conditions hazardous to the public safety within public street rights-of-way, underground and aboveground utilities, and clear sight triangles including at all intersections of streets and/or driveways. Such hazards shall include but not be limited to dead, diseased or low hanging branches; poisonous or toxic plants; and plants with thorns, nettles and spikes.
(3)
Landscape plan types: The landscape plan shall not necessarily be to scale, but shall be a reasonable representation of the site. It shall contain the following information and shall meet the requirements of this section. Specific requirements for each of these landscape buffer types shall be found in the East Hempfield Township Subdivision and Land Development Ordinance and shall be applicable whether or not a Subdivision and/or Land Development Plan is required.
(4)
Adjacent land use requirements:
(a)
Landscaped buffer strips shall be planted or placed between the uses indicated on the following table and any adjacent lot located in the indicated zone. The type of buffer shall correspond to the two types of buffers listed in Subsection A(3) above:
Adjacent Land Use Requirements | |||
|---|---|---|---|
Zones | |||
Proposed Use Type | VC, CBC, RCC, C, RB | ME, E, TR | All Others |
Adult business uses | B | B | B |
Business uses | n/a | B | B |
Place of worship | A | A | A |
Industrial | B | A | B |
Civic/social | A | A | A |
Multifamily dwelling | B | B | B |
Outdoor storage | B | B | B |
(b)
Residential buffer strip. Any use adjoining land within a residential zone or across a road from land within a residential zone shall maintain at least a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping.
(c)
A Buffer Planting Strip A is required between differing permitted dwelling unit types, as defined, on adjacent lots or within lots located within any zoning district.
(d)
Where a proposed permitted business use or industrial use is the same as an adjacent use, as defined by this ordinance, and where each use is fully located within the same Zoning District, no landscape buffer planting strip shall be required between the same uses. The use shall still comply with the requirements of Chapter 265, Subdivision and Land Development, of the Township Code and the other applicable requirements of § 270-4.13 of the Township Zoning Ordinance.
(e)
Where a proposed permitted business use or industrial use is the same as an adjacent use, as defined by this ordinance, and where the proposed and/or existing use is located within a different Zoning District, a Buffer Planting Strip A shall be required between the proposed use and the existing use(s). The use shall still comply with the requirements of Chapter 265, Subdivision and Land Development, of the Township Code and the other applicable requirements of § 270-4.13 of the Township Zoning Ordinance
(5)
Site element screens: At a minimum, screening shall be provided for the following business, civic, and social use site elements when these elements are adjacent to a residential use or are visible from a public street.
(a)
Ground-mounted electrical, mechanical, and utility equipment larger than 25 square feet, loading areas, outdoor storage of less than 2,000 square feet, and trash receptacles/dumpsters.
(b)
Screening shall consist of evergreen plants, fencing, walls or other treatments that will block the view of the site element from view to a height of six feet.
(6)
Parking lot landscaping: Parking lots within or adjacent to a residential use shall have perimeter landscaping that limits or shields headlight glare onto the residential use.