This ordinance shall be known and may be cited as the "West Hempfield Township Zoning Ordinance of 1988."

This ordinance is enacted to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements, as well as to prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life, or property from fire, flood, panic or other dangers. This ordinance is enacted in accordance with the overall program, and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.

From and after the effective date of this ordinance, 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 West Hempfield Township shall be in conformity with the provisions of this ordinance. Any lawful existing structure or any lawful existing use of land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the regulations provided in Section 705 of this ordinance with respect to nonconforming structures or uses; provided, however, nothing contained herein shall be deemed to permit or protect any use or structure existing on the effective date of this ordinance which is in violation of any prior Zoning Ordinance of this Township.

It is not intended by this ordinance to repeal, abrogate, annul, or interfere with any existing ordinance or enactment, or with any rule, regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this ordinance, provided that where this ordinance imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of building, or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of this ordinance shall control.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this ordinance as a whole or of any other part thereof.

If a principal use is neither specifically permitted nor prohibited in any zoning district under this ordinance and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall permit the principal use or deny the principal use in accordance with the standards for the consideration of special exceptions contained herein.

In the event any provision, section, sentence, clause or part of this ordinance shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this ordinance, it being the intent of the Board of Supervisors that the remainder of the chapter shall be and shall remain in full force and effect.

For the purpose of this ordinance, West Hempfield Township is hereby divided into districts which shall be designated as follows:

The areas within West Hempfield Township, as assigned to each district and the location of the districts established by this ordinance, are shown upon the Zoning Map, which together with all explanatory matter thereon is attached to and is declared to be a part of this ordinance.[1]

The district boundary lines with the exception of the Floodplain District shall be as shown on the Zoning Map. District boundary lines are intended to coincide with lot lines, centerlines of streets and alleys, railroad rights-of-way, beds of streams existing at time of passage of this ordinance, the corporate boundary of the Township or as dimensioned on the map. In the event of dispute about the location of the boundary of any district, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board.

The Comprehensive Plan, in accordance with which this ordinance is enacted and which is reflected in the provisions of this ordinance, has been formulated to implement the purpose set forth in § 101.2 herein above, in the respect stated, and more particularly with a view toward the following objectives:

The lawful granting of a permit or making of any other administrative decision under this ordinance shall not constitute a representation, guarantee, or warranty of any kind of West Hempfield Township, or by any official, agent, or employee thereof, of the practicability or safety of any structure, use or proposed development, and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any damage that may result pursuant thereto or as a result of reliance on this ordinance.