This chapter is enacted for the following purposes: to promote
the health, safety, morals and general welfare of the inhabitants
of the Township by preventing congestion in the streets, securing
safety from fire, panic and other dangers, providing adequate light
and air, avoiding undue concentration of population, preserving areas
of particular scenic value, conserving the value of land and buildings
and encouraging the most appropriate use of land.
This chapter shall be known and may be cited as the "Hempfield
Township Zoning Ordinance of 2014."
This chapter shall take effect five days after passing and upon
being signed by the Chairman of the Board of Supervisors, being attested
by the Township Secretary.
A.
In interpreting and applying the provisions of this chapter, they
shall be held to be the minimum requirements for the promotion of
the health, safety, morals and general welfare of Hempfield Township.
They are not intended to interfere with or abrogate or annul other
rules, regulations or ordinances of the Township; except that where
this chapter imposes a greater restriction upon the use of buildings
or premises or upon the building height or requires larger open spaces
than are imposed by such other rules, regulations or ordinances, the
provisions of this chapter shall control.
B.
It is fundamental to the purpose of this chapter to recognize that
many existing lots throughout the Township are less adequate than
others because of their location or size or odd shape or difficult
topography, or any combination of these limitations. A claim of hardship
under this chapter, therefore, shall not be allowed on behalf of any
lot because the physical characteristics of the lot prevent it from
being built upon exactly as in another lot abutting or close to it
or in the same zoning district. There can be some alleviation for
other lots through variances (minor concessions) granted by the Zoning
Hearing Board when special physical conditions make literal enforcement
of the regulations either unsatisfactory in the interest of the people
at large or actually impossible. It is not this chapter but the physical
conditions that prevent a lot from accommodating a type or area or
bulk of structure unsuited to it. For a typical example, it is not
intended that each lot in a multifamily residential district automatically
become the prospective site for a multifamily dwelling and use. If
a lot in such a district, after provisions of the yards and other
open spaces prescribed for its own and adjacent property protection,
has a buildable area too small in extent or dimensions for a multifamily
dwelling, then the lot may be used under its district regulations
for another type of dwelling or structure permitted in that district.
The community development objectives of the Township, which
reflect the Comprehensive Plan, are as follows:
A.
To promote consistent and compatible land use patterns both within
the Township and with adjacent municipalities to preserve suburban
residential character and quality of life.
B.
To preserve sensitive environmental features, scenic views, agricultural
areas and prime agricultural land.
C.
To ensure that the scale, layout and design of new development minimizes
negative impacts on surrounding parcels and infrastructure.
D.
To encourage development of a variety of housing types and densities
in safe and affordable neighborhoods with access to services and amenities
that meet the needs of residents.
E.
To support a healthy and aesthetically pleasing environment with
clean air, clean water, and development that is sensitive to natural
features, preserves scenic views and conserves open space.
F.
To minimize pollution or disruption of the environment by objectionable
noise, vibrations, smoke, fumes, odors, harsh lights, solid wastes
and liquid home effluents.
G.
To promote the establishment of new businesses in the Township to
create jobs and increase the tax base.
H.
To assure that businesses and institutions in the Township provide
sufficient and well-designed off-street parking that manages traffic
flow safely and effectively and accommodates demand efficiently.
I.
To create a safe and well-planned traffic circulation pattern that
effectively facilitates the movement of goods and people and promotes
good access to neighborhoods, workplaces, shopping destinations, businesses
and recreational areas.
J.
To prevent unsafe construction in floodplain areas.
K.
To ensure that future growth occurs in suitable areas with stable
soils, necessary utilities and sufficient street capacity and access.
This chapter is adopted to promote an orderly plan of development
according to the Comprehensive Plan, including data on existing conditions,
the future land use plan, implementation strategies, and with reasonable
consideration, among other things, of the existing character of the
various areas within the Township and their respective suitability
to particular land uses.
The provisions of this chapter, as far as they are the same
as those of existing ordinances, are intended as a continuation of
such ordinances, except for those portions of the ordinances which
are specifically repealed. The provisions of this chapter shall not
affect any act done, contract executed or liability incurred prior
to its effective date or affect any suit or prosecution pending or
to be instituted to enforce any right, rule, regulation or ordinance
or to punish any offense against any such repealed ordinance or against
any ordinance enacted under it. All ordinances, resolutions, regulations
and rules made pursuant to any ordinance repealed by this chapter
shall continue in effect as if such ordinance had not been repealed.
No structure shall be located, erected, constructed, reconstructed,
moved, altered, converted or enlarged, nor shall any structure or
land be used or be designed to be used, except in full compliance
with all the provisions of this chapter and after the lawful issuance
of all permits and certificates required by this chapter.
A.
B.
Suggestions, recommendations, options, or directives contained herein
are intended to be implemented only to the extent that they are consistent
with and do not exceed the requirements of the aforementioned acts.
Nothing contrary to these acts shall be mandated by this chapter.
The "Hempfield Township Zoning Ordinance of 1978," as amended,
is hereby repealed as of the effective date of this chapter, which
is a comprehensive amendment of the Hempfield Township Zoning Ordinance
of 1978.