Leacock Township City Zoning Code
ARTICLE I
General Provisions
§ 310-1 Short title.
This chapter shall be known and may be cited as the "Leacock Township Zoning Ordinance of 2003," "Zoning Ordinance" or "Ordinance."
§ 310-2 Authority.
The Board of Supervisors of the Township of Leacock, pursuant to the Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968, P.L. 805;[1] as reenacted and amended by Act 170 of 1988, P.L. 1329, Article VI, Zoning, and as may be amended, hereby enacts and ordains this chapter as the Leacock Township Zoning Ordinance of 2003.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 310-3 Township ordinances.
No uses shall be permitted in any zone which directly violate any Township ordinance or code.
§ 310-4 Development review.
All development shall be subject to the provisions and requirements delineated in Chapter 265, Subdivision and Land Development; Chapter 253, the Leacock Township Stormwater Management and Earth Disturbance Ordinance; the Pennsylvania Uniform Construction Code or any relevant construction code in effect.
§ 310-5 Applicability; how to use this chapter.
A.
General applicability. All uses of land, including but not limited to a change in lot dimension, a change of use, the erection of a structure, the occupation of a structure, or the disturbance of soils, shall be permitted only when such activities are in full accordance with the provisions established in this chapter. The regulations set by this chapter within each zone shall be held to be the minimum regulations necessary to promote the health, safety and welfare of the residents of Leacock Township and shall apply uniformly to each land use class or type of structure, except as hereinafter provided.
B.
Specific applicability. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the zone in which it is located. No building or other structure shall hereafter be erected or altered:
(1)
To exceed the height or bulk standards established for specific uses in each zone;
(2)
To accommodate or house a greater number of families;
(3)
To occupy a greater percentage of lot area; or
(4)
To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner be contrary to the provisions of this chapter. No part of a yard or other open space, or off-street parking or loading space, required in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
C.
Zoning Map. All areas within Leacock Township are subject to the general and specific provisions contained in this chapter as may be designated by the Zoning Map as incorporated in Article III, as may be amended.
D.
Guidelines for using this chapter. This chapter lists the uses of land that may be allowed in the Township. If a particular use of land is not specifically listed, it is deemed to be prohibited and is therefore not permitted. [Note that there is an exception to this rule, which is explained below in Subsection D(5).] A particular use of land may be allowed in five different ways:
(1)
As a permitted use. Each zoning district contains a list of land uses which are permitted within the zone. In these cases, only a zoning permit to construct a structure is required, and the land use is not subject to any special regulations, except for some general regulations in Article XVII, which generally apply to all zones throughout the Township. In some cases, a permitted use may be subject to the regulations in Article XVIII, which would otherwise require approval by the Zoning Hearing Board, but in this case only requires adherence to the listed requirements.
(2)
As a special exception. Each zoning district contains a list of special exception uses, which have the potential to be nuisances if not properly controlled. These uses are subject to additional regulations, which are found in Article XVIII. A special exception may be granted by the Zoning Hearing Board if these special conditions are met. The Zoning Hearing Board will hold a public hearing on the proposed special exception use and may impose reasonable conditions in addition to those listed in Article XVIII.
(3)
As a conditional use. Each zoning district contains a list of conditional uses, which have the potential to be nuisances if not properly controlled. These uses are subject to additional regulations, which are found in Article XVIII. A conditional use may be granted by the Board of Supervisors if these special conditions are met. The Board of Supervisors will hold a public hearing on the proposed conditional use and may impose reasonable conditions in addition to those listed in Article XVIII.
(4)
By variance. If a particular site contains unique conditions that cause unnecessary hardships or practical difficulties, a land use which is not expressly permitted by this chapter may be allowed by the Zoning Hearing Board. A public hearing will be held, and the applicant must prove that a number of conditions are present in order to be granted a variance.
(5)
By approval by the Zoning Hearing Board. The Township recognizes that this chapter does not address all foreseeable land uses that may be appropriate for a particular zoning district. Some land uses may exist which are substantially similar to other uses which are allowed as permitted or special exception uses, but which are not otherwise addressed in this chapter. Therefore, whenever a proposed use of land is neither specifically allowed as a permitted, special exception or conditional use, nor specifically prohibited in §§ 310-68, 310-78, 310-116 or elsewhere, the Zoning Officer shall deny the use. Afterwards, the applicant may apply to the Zoning Hearing Board for a determination that the proposed use is substantially similar to another permitted or special exception use. The Zoning Hearing Board will hold a public hearing and may allow the proposed use, with or without additional conditions, if it determines that the use is substantially similar to another permitted or special exception use within the same zone.
(6)
As a preexisting nonconforming use. Many parcels in the Township were developed prior to adoption of the Zoning Ordinance or the adoption of zoning amendments. According to this chapter, such uses may be continued to be occupied and used but may not be expanded to a degree that exceeds limitations contained in this chapter. Although these uses may no longer be permitted in the ordinance, they may be continued to be used, according to limitations in this chapter.
E.
Penalties for noncompliance. According to the Pennsylvania Municipalities Planning Code, violations of the provisions of this chapter may be punishable by civil penalties. The Zoning Officer enforces this chapter, but other citizens may also bring actions to ensure that this chapter is obeyed. Penalties are described in Article XXIV.
§ 310-6 Intent.
General intent. In accordance with the MPC, it is the intent, purpose and scope of this chapter to protect and promote public safety, health and morals; to facilitate coordinated development; to provide for the general welfare by guiding the development of and protecting various amenities and conveniences; to promote future governmental, economic, practical, social and cultural facilities; to provide for development and growth, as well as to improve governmental processes and functions; to guide uses of land and structures, types and locations of streets, public areas and other facilities; to promote the conservation of energy through the use of land planning practices and the effective utilization of renewable energy resources; to promote proper density of population, vehicle parking and loading areas, and to prevent the overcrowding of land, blight, danger and congestion in travel and transportation; to prevent loss of life, health or property, where possible, from flood, fire, panic or other dangers; and to minimize land use conflicts as may presently exist or which may be foreseen.
§ 310-7 Community goals and objectives.
General goals and objectives. This chapter is enacted in accordance with a comprehensive planning program, which has established goals and policies for the type, location, timing and density appropriate for various forms of development, as set forth in the 2001 Leacock Township Comprehensive Plan. Consideration has been given to the character of the Township and its various parts, together with the suitability of these various parts for particular uses. Additionally, this chapter and its supporting Comprehensive Plan were developed in conjunction and coordination with the Comprehensive Plan for Lancaster County. The County's Comprehensive Plan presents policies regarding residential, commercial, and industrial development, farmland preservation, and regional development responsibilities in the form of urban growth boundaries. By its location and nature, Leacock Township is not an appropriate candidate for an urban growth area, and the Leacock Township Board of Supervisors has established a primary policy of preserving the rural character of the Township while recognizing the responsibility to plan for Leacock's fair share of development without promoting or inducing excessive additional growth or development. This chapter is enacted to support the following general goals and objectives:
A.
To preserve, promote and protect agriculture. Agriculture in Leacock Township and Lancaster County is a special nonreplaceable resource which needs to be preserved for the benefit of the state, region, county and this Township. This is true because:
(1)
The open space of this county is valuable for the health, safety and general welfare of its inhabitants.
(2)
The soils and climate of this county enable its farmers to produce the largest value of agricultural goods of any nonirrigated county in the nation. Lancaster County has the greatest concentration of Class 1 prime agricultural soils of any county in the nation.
(3)
The farmland of Lancaster County has cultural value to its own citizens and also is an attraction to tourists.
(4)
The aesthetic value of the farmland of Lancaster County is of special significance.
(5)
The Commonwealth of Pennsylvania has, by provisions in the MPC, special tax assessments, publications of various departments, and by statements of officials, shown an interest in preserving agricultural land.
(6)
The economic viability of farming in the Township should be protected and enhanced.
B.
To protect agricultural areas and meet the Township's responsibility for providing its fair share of development. Residential growth should be directed to areas that will be served by public utilities, especially public sewers.
C.
To attract light industrial activities by providing space free from residential and other nonindustrial land use intrusions and by providing an optimum level of public services. Additionally, old, existing commercial centers should be utilized, and "strip" development and scattered commercial development should be avoided.
D.
To protect residential areas from incompatible nonresidential land uses.
E.
To transform the scattered residential pattern which presently exists into more concentrated and identifiable residential areas.
F.
The Board of Supervisors of the Township of Leacock recognizes the Township has large areas devoted to agricultural and rural uses. The Board of Supervisors also recognizes that tourism is an important commercial use in the Township. The Board deems it desirable to provide temporary housing for tourists in a form which most readily comports with the predominant nature of the Township.
G.
The Board of Supervisors also declares that it is the goal of this chapter to improve the quality of life of all developmentally disabled persons and to integrate developmentally disabled persons into the mainstream of society by ensuring the availability of community residential opportunities in the Township.
H.
Adult uses.
(1)
The Board of Supervisors of the Township of Leacock desires to reduce adverse external effects which it perceives may or will result from a concentration of so-called commercial "adult" activities in the Township. The Board of Supervisors believes that these adverse effects may be reduced by geographic dispersal of these operations.
(2)
The Board of Supervisors has been advised that the experience of Boston, Massachusetts's "contaminant" approach and concentration of adult uses into a "combat zone" has brought with it a proliferation of pimps, pickpockets and prostitutes, as well as an assortment of other unsavory characters and crimes of violence, such as stabbings and muggings. Other cities such as Phoenix, Arizona, have conducted adult businesses studies and have concluded that a concentration of adult businesses correlates with a higher degree of sex crimes, as much as 11 times the rate in other areas, and that even with a single adult business, the rate of sex crimes is at least three times as great. Furthermore, the experience of the City of New York shows that complaints of rape, robbery and assault are approximately 70% higher where adult businesses are concentrated and that both job losses are higher and sales are lower in such areas.
(3)
An eighty-six-page comprehensive study by the Department of City Planning of the City of Los Angeles indicated that a concentration of adult entertainment uses results in increased crime and greater police enforcement problems and that the Los Angeles Police links concentration of such businesses and increased crime in the Hollywood area and, in addition, indicates that some citizens fear to walk the streets and that some businesses have left the area or modified their hours of operation as a result of such adult entertainment uses.
(4)
The Board of Supervisors perceives that the experience of other communities could be repeated in Leacock Township and believes that it is not necessary for the Board of Supervisors to withhold legislation until such deleterious effects occur in Leacock Township and further believes that it has a right to rely on the experiences of other cities; and
(5)
The Board of Supervisors believes that the concentration of adult businesses is detrimental, physically by creating blight and subsequent deterioration of property values; economically by decreasing patronage of traditional businesses; and socially by attracting crime. Therefore, the Board has adopted regulations that specifically seek to control and regulate these adult uses.
§ 310-8 Rules of interpretation.
A.
General. 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 would then control.
B.
Authority for interpretation. The Zoning Officer shall apply the provisions of this chapter with the strictest interpretation as is reasonable. Should any uncertainty exist regarding the interpretation of this chapter, the Zoning Hearing Board shall interpret the intent of the specifications of both the Zoning Ordinance and the Zoning Map as to the exact location of zoning district boundaries, permitted or prohibited uses, minimum requirements, and any other uncertainty, except where the case shall be remanded to the commonwealth's judicial system.
C.
Computation of time. In the case of any question as to the length of review time or otherwise involving an application for development, all time shall be computed from the date of receipt of a complete application as stamped by the Township Secretary or by the Zoning Officer.