An ordinance establishing regulations, specifications and restrictions for the uses of land, watercourses and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures, including areas, courts, yards and other open spaces and distances to be left unoccupied by uses and structures; and the density of population and intensity of land uses, within East Lampeter Township, Lancaster County, Pennsylvania, and for said purposes dividing East Lampeter Township into districts and prescribing certain uniform regulations for such districts and providing for the administrative enforcement and amendment provisions in accordance with the Pennsylvania Municipalities Planning Code (MPC).[1]

This chapter shall be known and may be cited as the "East Lampeter Zoning Ordinance of 2016, as amended" or as the "East Lampeter Township Zoning Ordinance."

The East Lampeter Township Zoning Ordinance is hereby enacted for the following purposes:

This chapter was prepared with careful consideration being given to, among other things, the character of various areas within East Lampeter Township, and their suitability for particular uses, and with a view toward conserving the value of property and encouraging the most appropriate use of land within East Lampeter Township.

The basis for this chapter is the Comprehensive Plan, as adopted by the East Lampeter Township Board of Supervisors. The Comprehensive Plan establishes detailed community development goals and objectives, which this chapter seeks to promote and to establish; however, it is recognized that circumstances may necessitate the adoption and timely pursuit of new goals and the enactment of new ordinances or amendments to this chapter that may neither require nor allow for the completion of a new Comprehensive Plan and approval of new community development objectives.

Except as noted below, from and after the effective date of this chapter, the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, added to, or relocated, and every use within a building or structure or use accessory thereto, in East Lampeter Township shall be in conformity with the provisions of this chapter. Any building, use or land area not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings, structures, lots or uses.

This chapter shall not apply to any existing or proposed buildings, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed building in question is reasonably necessary for the convenience or welfare of the public. This exemption shall not apply to telecommunications antennas, communications equipment buildings, and communication towers for wireless telecommunication services regulated under the Telecommunications Act, as may be amended.

In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals, and general welfare of East Lampeter Township. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall comply with all regulations for the zoning district in which it is located and all other pertinent regulations contained within this chapter. This chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions, or reservations contained in deeds or other agreements, but if this chapter imposes more stringent restrictions upon the use of buildings and land than are contained in the deeds or agreements, the provisions of this chapter shall control.

In interpreting the language of this chapter to determine the extent of the restriction upon the use of land, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Board of Supervisors, in favor of the landowner and against any implied extension of the restriction.

The state and federal requirements for code enforcement, construction, emergency management and property maintenance, as adopted by East Lampeter Township, shall supersede the provisions of this chapter.

Unless otherwise specified or designated by this chapter, all approvals shall be subject to the authority of the Board of Supervisors after consulting with the Zoning Officer and other municipal officials.

It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinances or enactment, or with any rule, regulations, or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of such other ordinance, enactment, rule, regulation, or permit, then the provisions of this chapter shall control. Further, if a discrepancy exists between any regulations contained within this chapter, that regulation which imposes the greater restriction shall apply.

If any article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, or word in this chapter is declared for any reason to be illegal, unconstitutional, or invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of this chapter as a whole, or any other article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, word, or remaining portion of this chapter. The Board of Supervisors hereby declares that it would have adopted this chapter and each article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more of the articles, sections, subsections, provisions, limitations, restrictions, sentences, clauses, phrases, or words may be declared illegal, unconstitutional or invalid.

Through the development of the Comprehensive Plan, East Lampeter Township in conjunction with Upper Leacock Township developed a future land use plan in order to provide for a regional allocation of land uses considering land use features, community facilities, utility provisions and the transportation network. This chapter has been prepared in order to implement the regional planning efforts endorsed by the Comprehensive Plan.

Uses not permitted or recognized by the East Lampeter Township Zoning Ordinance may be permitted and included as part of the Upper Leacock Township Zoning Ordinance. Should a use not be permitted or recognized within any of these zoning ordinances, an application should be made to the Zoning Officer to consider in accordance with the provisions of this chapter.

Section 375-23850 of this chapter shall apply to uses not specifically permitted by the East Lampeter Township Zoning Ordinance and the Upper Leacock Township Zoning Ordinance.

For the purpose of this chapter, East Lampeter Township is hereby divided into 15 base zoning districts, which shall be designated as follows:

For the purpose of this chapter, East Lampeter Township has established certain overlay districts, which shall be designated as follows:

The boundaries of the zoning districts shall be depicted on the East Lampeter Township Zoning Map, which has been incorporated by reference into this chapter. The East Lampeter Township Zoning Map shall identify the signatures of the East Lampeter Township Board of Supervisors, attested by the East Lampeter Township Manager or Secretary, and bear the seal of East Lampeter Township under the following words:

An executed original copy of the Zoning Map shall be maintained by East Lampeter Township. A reduced version of the Zoning Map has been included as part of Appendix A of this chapter.

If changes are made to district boundaries or other matters portrayed on the Zoning Map, such changes shall be made in accordance with the provisions of East Lampeter Township and the Pennsylvania Municipalities Planning Code, and the changes shall be entered on the Zoning Map promptly after the amendment has been approved by the Board of Supervisors. No changes of any nature shall be made to the Zoning Map, or matter thereon shown, except in conformity with the applicable procedures established in this chapter. All changes shall be noted by date with a brief description of the nature of the change.

The Zoning Map shall be located in a place designated by the Board of Supervisors, and shall be the final authority as to the current zoning status of land and water area in East Lampeter Township regardless of unofficial copies, which may have been made or published from time to time.

In the event that the Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Supervisors may, by resolution, adopt a new Zoning Map. The new Zoning Map may correct drafting or other errors or omissions in the prior Zoning Map, but no such correction shall have the effect of amending the original Zoning Map or any subsequent amendment thereof. The new Zoning Map shall be identified by the signature of the Board of Supervisors, attested by the East Lampeter Township Manager or Secretary, and bear the seal of East Lampeter Township under the following words:

Unless the prior Zoning Map has been lost or has been destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all applicable records pertaining to its adoption or amendment.

Where uncertainty exists as to the boundaries of the base districts as indicated on the Zoning Map, the following rules and guidelines, as provided within this section of this chapter shall be applicable.

The following standards indicated within this section of this chapter shall be utilized for the generalized application of the base district regulations in association with this chapter.