Hempfield Township City Zoning Code

In accordance with the Comprehensive Plan and consistent with the spirit, purposes, and intent of this chapter.

In the best interests of the Township and the public welfare.

Suitable for the property in question and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this chapter.

Designed to minimize impacts to street traffic and safety by providing adequate access and egress to protect streets from undue congestion and hazard.

The minimum lot size shall be five acres.

Any animal feeding operation meeting the definition of a "concentrated animal feeding operation" shall be subject to the standards specified in Subsection K below.

Any other animal feeding operation shall meet the following setbacks:

The minimum size shall be two acres.

All feed and fertilizer shall be stored at least 200 feet from any dwelling unit or shall be stored within a completely enclosed building.

Any outdoor display area shall be secured by a fence at least eight feet in height and which is secured by a self-latching gate.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

The storage or use of any hazardous or potentially hazardous fertilizers and/or materials shall be limited to those materials required to be used by or produced in connection with the research and development activity. The transportation, handling, use and disposal of such materials shall conform with all applicable Federal Environmental Protection (DEP) regulations and permit requirements.

The minimum lot area required for a hospital shall be two acres.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

The minimum lot size shall be two acres.

The development parcel must have access to public water and sewer.

Design of newly constructed buildings shall meet the special standards for multifamily buildings provided in Article XX.

Where a single-family dwelling is converted to use as an assisted living facility or personal care home, no modification to the external appearance of the building (except those needed to provide for handicapped accessibility or fire and safety requirements) which would alter its residential character shall be permitted.

Any applicant for an assisted living facility or personal care home must provide the following prior to receiving approval:

A bed-and-breakfast shall be allowed only in a single-family, detached residential dwelling. No modification to the external appearance of the building (except for fire and safety requirements) which would alter its residential character shall be permitted.

Accommodations for overnight lodging at a bed-and-breakfast shall be limited to no more than five guest rooms. The guest rooms shall be rented to overnight guests on a daily basis.

Accommodations at a bed-and-breakfast may include breakfast or brunch prepared on the premises for guests and included in the charge for the room.

Special occasion functions may be conducted on the grounds surrounding the home and in buildings accessory to a residential home.

Catered food service from a licensed facility is permitted without additional licensing requirements.

No cooking facilities shall be provided or permitted in individual guest rooms.

Required parking spaces shall not be located in the front yard.

Bed-and-breakfasts shall comply with the rules and regulations of the Pennsylvania Department of Labor and Industry and shall retain proof of certification of occupancy from the Department and all other applicable building, safety, and fire codes of the federal, state, or local government.

Any parcel proposed for use as a camping facility shall have access to public water.

A single access drive (excluding emergency access) shall be provided and maintained in a mud-free, dust-free condition and shall be designed for safe and convenient access to camping spaces and to facilities for common use by the occupants. Direct access to individual campsites from public streets shall not be permitted. The applicant shall provide an interior circulation plan that demonstrates how vehicles shall circulate through the facility.

All camping facilities shall comply with all applicable regulations of the commonwealth, including, but not limited to, regulations covering food service, water supply, sewage disposal, bathing places, vector control, toilet facilities, sanitary stations, and garbage disposal.

Vacation cottages, rental cabins and other dwellings with permanent foundations shall comply with the minimum net lot area and dimensional standards of the zoning district in which they are located.

For camping facilities having more than 50 campsites or hookups for recreational vehicles, or a combination thereof, the applicant shall provide a traffic study acceptable to the Township evaluating traffic impacts to surrounding streets and intersections as well as proposed mitigation of impacts that cause an unacceptable decline in levels of service.

A minimum of 10 acres is required for a new cemetery facility. Any expansion of a cemetery shall occur on adjoining property.

Burial sites shall comply with the setback requirements for principal structures in the district. Burial structures shall not be located within 100 feet of any lot line adjoining a residential use or residential zoning district.

All garages, equipment shelters, offices and other buildings shall meet the setbacks for principal structures and shall be screened from adjoining residential properties. All equipment shall be stored in garages or shelters when not in use.

Access to public water and sewer shall be required.

A parking plan shall be provided to and approved by the Township.

For clubs to be located in the Village Residential or Neighborhood Commercial District, the following additional requirements shall apply:

Building-mounted communications antennas shall not be located on or within 150 feet of any single-family detached dwelling, single-family attached dwelling or duplex.

Building-mounted communications antennas shall be permitted to exceed the building height limitations of the applicable zoning district by no more than 20 feet.

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be so mounted for review by the Ordinance Officer and Township Engineer for compliance with general safety and design standards and other applicable law.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities located within the Township.

A communications equipment building shall be subject to the building height and setback requirements of the applicable zoning district for an accessory structure, and all appropriate permits, including building and occupancy, shall be obtained.

The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.

The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications towers shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation standards and regulations.

Any applicant proposing construction of a new communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a one-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

Access shall be provided to the communications tower and/or communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.

Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.

In all zoning districts except HI and LI, the maximum height of any communications tower shall be 150 feet; and in the HI and LI Zoning Districts, the maximum height of any communications tower shall be 180 feet; provided, however, that such height may be increased to no more than 200 feet, provided that the required setbacks from adjoining lot lines (not lease lines) are increased by one foot for each one foot of height in excess of the aforementioned limit.

The foundation and base of any communications tower shall be set back from a lot line (not lease line) located in any agricultural, residential or institutional district at least 150 feet and shall be set back from any other lot line (not lease line) at least 75 feet. In addition, a linear, two-mile separation shall be maintained between communications towers measured from the base of the support structures.

The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties in a manner consistent with Article XXIII as follows:

The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association or any other standards subsequently adopted by such association.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications towers and communications antennas.

All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

The site of a communications tower shall be secured by a fence with a minimum height of six feet to limit accessibility by the general public.

No signs, lights, sirens or horns shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.

Communications towers shall be protected and maintained in accordance with the requirements of the Township Code.

If a communications tower remains unused for a period of 12 consecutive months, the owner or operator thereof shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

A minimum of one off-street parking space shall be provided within the fenced area.

A land development plan shall be submitted with any application for approval.

The minimum lot size shall be 50 acres.

Before obtaining approval for the operation of such facility, the applicant must demonstrate that approval for such operations has been granted by the Pennsylvania Department of Environmental Protection under the Nutrient Management Act Regulations, Title 25, Chapter 83.

Any structures (including waste storage but excluding fences) associated with such use shall not be located within 500 feet of any lot line, nor within 1,000 feet of any occupied dwelling, public building, school, park, or community or institutional building. These setback requirements shall not apply to structures located on the same lot as the proposed use.

The construction of solid or liquid waste facilities shall not be permitted until such time as compliance with the Title 25, Chapter 83, regulations is demonstrated in writing.

When required, day-care and nursery school facilities must be licensed by appropriate federal, state or county agencies, and a copy of such license shall be made available to the Township.

Except for a sign, there shall be no external evidence of any gainful activity for such facilities when located in a residentially zoned district.

All day-care and nursery school facilities shall:

All day-care and nursery school facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. The outdoor play area shall:

Public and private schools shall adhere to the following dimensional characteristics:

All off-street parking shall be set back at least 25 feet and screened from adjoining lot lines.

Outdoor play areas shall be located in the rear or side yards at a minimum of 50 feet from side and rear lot lines. When adjacent to residential uses or districts, outdoor play areas shall be buffered with Bufferyard C in accordance with the requirements of Article XXIII, to protect the neighborhood from inappropriate noise and other disturbances generally associated with educational facilities.

Off-street parking lots shall not be used as outdoor play areas.

All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

Passenger drop-off and pick-up areas shall be provided and arranged so that traffic queuing does not occur on local streets and students do not have to cross traffic lanes on or adjacent to the site.

The minimum lot area shall be not less than: 45 acres for a Par 3, eighteen-hole course; 60 acres for a nine-hole or executive golf course; and 100 acres for a regulation eighteen-hole course.

All golf courses shall have access to public water and sewer service.

All fairways, greens, tee boxes and ends of driving ranges shall be set back from lot lines abutting residential uses or districts a minimum of 100 feet.

No outdoor storage of golf carts or equipment shall be permitted.

A golf course may include the following accessory uses:

Applicants for golf courses shall provide the following documentation to the Township prior to approval:

A halfway house must be licensed where required by an appropriate government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Township prior to beginning the use.

A halfway house shall be directly affiliated with a parent institution or organization which shall provide full-time supervision and administration to the residents of the house.

A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

The residents of the halfway house shall reside on-premises to benefit from the services provided.

Necessary permits for water supply and sanitary waste disposal must be obtained.

The halfway house shall not be located within 1,000 feet of any the following uses:

The halfway house shall not be located with 1,000 feet of another halfway house.

Each application shall be accompanied by a statement describing the following:

Any zoning permit granted for the halfway house shall be contingent upon the type and number of residents described in the application. Any change in the type of or increase in the number of residents shall require a new permit.

The operator or owner of any kennel must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.

Any exterior area where animals exercise or are otherwise exposed must be enclosed by a fence at least six feet in height. The fenced area must meet all setbacks and be located a minimum of 200 feet from any principle structure on adjacent lots.

No kennel may be established within 1/2 mile of an existing kennel.

A kennel located in an agricultural or residential zoning district shall have a minimum lot area of five acres.

All mobile home parks shall have access to public water and sewer service.

Any application for a mobile home park must meet all requirements of the Township's Mobile Home Park Ordinance, Chapter 57 of the Township Code.

All places of worship shall have access to public water and sewer service.

No day-care facilities may be housed at a place of worship. This shall not include religious instruction of children or child care provided during or immediately before or after worship services or special events.

In any residential zoning district, the place of worship shall be set back 50 feet from all lot lines.

An applicant for a place of worship shall be required to submit the following:

All off-street parking lots shall be located to the side or rear of the place of worship, shall be paved, and shall be screened from adjoining residential properties by installing Bufferyard C in accordance with the requirements of Article XXIII.

Fire and safety provisions shall be adequate to meet local and state requirements.

Church signs shall have a maximum area with a total aggregate of 48 square feet.

The structure shall be screened from view by fencing and shrubs or evergreens planted around the exterior of the fence.

Access drives to the structure shall be improved with a dust-free, all-weather surface for its entire length.

In residential districts, public utility vehicles shall be not parked on public streets or driveways visible from the right-of-way.

A land development plan shall be submitted to the Township.

The minimum site required shall be one acre.

The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

Ingress, egress and internal traffic circulation on the site shall be designed to ensure safety and minimize congestion.

All property boundaries shall be screened as required by § 87-154 through § 87-161 of this chapter.

Operations shall be discontinued between 10:00 p.m. and 6:00 a.m.

All operations shall be conducted within an enclosed building, and doors and windows shall remain closed during hours of normal operation if there are residences within 500 feet of the use.

All lighting shall be shielded and reflected away from streets and adjoining properties.

The use shall be subject to the performance standards of § 87-184 of this chapter.

The business shall be operated only between the hours of 9:00 a.m. and 9:00 p.m.

No deliveries shall occur before 7:00 a.m. or after 10:00 p.m.

The business shall not have a drive-through facility.

The applicant shall submit the following to the Township:

The applicant must either own or lease a tract of ground ("premises") with no more than 7 1/2 acres nor less than five acres of contiguous property. If the applicant is a lessee, the lease shall be for a term of not less than five years.

The applicant shall provide evidence of compliance with the Junkyard and Automotive Recycler Screening Law of the Commonwealth of Pennsylvania, as it may be from time to time amended.[1]

Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health and welfare of the community or to residents nearby or a place for the breeding of rodents and vermin.

No garbage or other organic waste shall be stored on such premises.

The manner of storage and arrangement of motor vehicles or parts thereof and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for inspection purposes and firefighting.

No motor vehicles or parts shall be stored or accumulated nor shall any structure be erected within 25 feet of the side and rear lines of the premises nor within 75 feet of any existing dwelling house erected upon premises adjacent to the premises, nor shall any motor vehicles or parts thereof be stored or accumulated or any structure be erected that is used in connection with said salvor yard within 1,000 feet of that line of the premises abutting a public street or highway within the Township of Hempfield, provided that in cases where two or more lines of the premises abut public streets or highways within the Township, one line only of such premises shall be governed by the above-provided setback of 1,000 feet. The vehicles shall not be stacked.

The premises shall be enclosed by a metal chain-link fence constructed of good, heavy-duty steel and supported upon steel posts or, in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. The erection of such fence or wall shall be controlled by the setback provisions of Subsection W(6) hereof. Such fence or wall shall not be less than eight feet in height.

The land area between the required chain-link fence or wall and any highway, street or alley shall be planted with shrubbery, bushes and evergreens at reasonable intervals of not less than one foot between each plant.

No burning shall occur on the premises.

The salvor yard shall at all times be subject to inspection during reasonable hours of the day by the code official or his or her designated representative. To facilitate such inspection and fire control, all junk therein shall be arranged and maintained in a neat and orderly fashion. All of such motor vehicles and parts thereof are to be arranged in rows with a minimum of 20 feet of clear space between each row, and each of said rows to be no greater in width than 40 feet.

The operation of the salvor yard shall be between the hours of 7:00 a.m. and 9:00 p.m., except that the salvor may place salvaged or abandoned vehicles on the site at other hours if it is done in conjunction with the operation of salvor's certification from the Commonwealth of Pennsylvania.

An adult attendant shall at all times during normal business hours remain on the premises, unless the gate to the premises is locked.

The senior citizen residential community shall require a minimum of 30 acres and shall have access to public water and sewer service.

Residential uses shall be consistent with the uses permitted in the underlying district. Assisted living facilities shall only be allowed in the CR District.

Other uses shall be consistent with the requirements for senior citizen residential communities set forth in the TND Overlay, Article XV, § 87-81A and B.

Design and spacing of multifamily residential buildings shall meet the standards provided in Article XX, § 87-127.

In the RR District, a senior citizen residential community shall be developed in accordance with the requirements for conservation subdivisions established in Article XIX.

Any applicant for a senior citizen residential community must provide the following prior to receiving approval:

Proof of all necessary permit approvals shall be submitted to the Township prior to approval.

The sewage treatment plant shall meet the standards for public utility structures.

A land development plan shall be required.

All sexually oriented businesses must comply with the requirements of the Sexually Oriented Businesses Ordinance, Chapter 68 of the Township Code. If any inconsistency is found to exist between the provisions of this chapter and the requirements under Chapter 68, the more-restrictive terms shall prevail.

All sexually oriented businesses shall be a stand-alone use situated on a lot having a minimum area of one acre.

All sexually oriented businesses shall not be permitted to be located within 3,000 feet of any other sexually oriented business, whether such use is situated in the Township or otherwise.

No permit will be issued for any sexually oriented business which intends to be located within the below-listed distances of such institutional or residential lot lines:

The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each such establishment. The distance between any sexually oriented business and a land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the sexually oriented business to the closest point on the exterior parcel line of said specified land use.

No materials or merchandise of any kind offered for sale, rent, lease, or loan or for view upon the premises of a sexually oriented business shall be exhibited or displayed outside of a building or structure.

Signs identifying a sexually oriented business shall conform to the provisions of Article XXII of this chapter except as provided herein:

Signs for sexually oriented businesses shall contain no photographs, silhouettes, drawings, or pictorial representations of any manner and may contain only:

A sexually oriented business may be open for business only Monday through Saturday from 8:00 a.m. to 10:00 p.m., prevailing time. No sexually oriented business shall be open at any time on Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188 § 1, as amended, 44 P.S. § 11.

It shall be a violation of this chapter if a person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

A single-family dwelling(s) or minor subdivision is allowed in a Light Industrial (LI) Zoning District or a Heavy Industrial (HI) Zoning District, subject to the following:

In addition to residential facilities, the following accessory uses shall be permitted for the exclusive use of residents:

The minimum lot size shall be two acres.

The development parcel must have access to public water and sewer.

Design of residential buildings shall meet the design standards for multifamily buildings provided in Article XX.

Any applicant for a skilled care facility must provide the following prior to receiving approval:

The business shall be operated only between the hours of 9:00 a.m. and 9:00 p.m.

No deliveries shall occur before 7:00 a.m. or after 10:00 p.m.

The business shall not have a drive-through facility.

The applicant shall submit the following to the Township:

The minimum lot size shall be five acres.

Any commercial stable shall meet the following setbacks:

No more than one building on a lot may be used as a student home. No more than one dwelling in a two-family dwelling may be used as a student home. Up to 50% of dwelling units or a maximum of four dwelling units per building may be student homes based on availability of off-street parking.

All existing and new student homes must be registered and permitted. All existing and new student homes shall obtain a permit from the Hempfield Township Zoning Officer. The issuance of permits and registration for student homes shall not exceed one year and shall be based on the period of August 1 to July 31. All student home permits shall expire on July 31.

No student home shall be closer than 500 feet to another student home. The distance requirement is measured from the closest property corner of a potential student home utilizing air measurements (GIS) equal to or more than 500 feet.

Parking requirements. (See § 87-141, Number of required parking spaces).

Definition.

All Pennsylvania grower/processor/dispenser licenses shall be required.

Marijuana manufacturing and processing shall be a permitted use in Industrial, Light Industrial, and Agricultural Zoning Districts by special exception only.

The number of employees.

The gross floor area of the building or gross area of the lot devoted to the proposed use.

The type of products, materials, equipment and/or processes involved in the proposed use.

The magnitude of walk-in trade.

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 87-126.