This chapter shall be known, cited and referred to as the "East
Hempfield Township Zoning Ordinance of 2014" (hereinafter "Chapter").
This chapter is adopted to regulate and manage the use and development
of land and water within East Hempfield Township for the following
purposes:
A.
Protect and provide for the public health, safety, morals, and general
welfare of East Hempfield Township.
B.
Guide and coordinate the future growth and development of East Hempfield
Township.
C.
Provide for adequate light, air, and privacy; secure safety from
fire, flood, stormwater and other danger; and prevent overcrowding
of the land and undue congestion of population.
D.
Protect the character and the social and economic stability of all
parts of East Hempfield Township.
E.
Promote the preservation of the Township's natural and historic resources
and prime agricultural land.
F.
Protect and conserve the value of land, buildings and improvements
throughout East Hempfield Township and minimize conflicts between
land uses.
G.
Guide public and private policy and action in order to provide adequate
and efficient transportation, water, sewerage, parks, playgrounds,
recreation, and other public services and facilities.
H.
Provide for safe and convenient circulation of people and goods throughout
the Township, including pedestrian, bike, and other nonmotorized modes
of travel.
A.
East Hempfield Township's goal is to honor its past, exercise thoughtful
stewardship of the present and, through thorough planning, prepare
for the future. As such, East Hempfield Township adopts the following
community objectives:
(1)
East Hempfield Township always will be a place where families
can thrive; neighbors can connect; activities, jobs, and services
are plentiful; and nature, prime farmland, and historic traditions
are valued and protected.
(2)
East Hempfield Township will be a place where the promotion
of its citizen's safety, health, welfare, and morals are paramount;
where people feel comfortable to live, work, worship, and play; and,
where its residents are proud to call the Township "home."
(3)
East Hempfield Township will continue to be a vibrant community
with a wide variety of housing opportunities and places for people
to live in its villages, residential neighborhoods and on its farmsteads.
(4)
East Hempfield Township will offer its citizens a variety of
recreational opportunities and will promote the expansion and use
of open spaces for the public.
(5)
East Hempfield Township will be a place that values its cultural
heritage and the farming activities that epitomize that heritage.
The Township will ensure that farming will not be just a remnant of
the past but a vital part of its future, with a lively farming community
that is sustained by farmstead activities, necessary support businesses,
and local markets.
(6)
East Hempfield Township will embrace the conservation and preservation
of its historic and natural resources and its agricultural land. The
Township will also be a place where one's legal and constitutional
rights to the use of land are esteemed and protected.
(7)
East Hempfield Township will work to sustain and enhance its
older neighborhoods and, at the same time, support carefully planned
and coordinated new development.
(8)
East Hempfield Township will be a place that is friendly to
business and industry, where economic development and job creation
are encouraged and promoted.
This chapter is adopted pursuant to the authority granted by
the Pennsylvania Municipalities Planning Code (PA MPC), Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 the Township shall be in
conformity with the provisions of this chapter. Any lawfully existing
use, building or land not in conformity with the regulations on the
effective date of this chapter 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
lots, buildings, structures, or uses. Provisions set forth in Articles
4 through 9 apply to all zones as they pertain to general regulations,
specific use criteria, nonconforming uses, signs, on and off street
parking and loading and administration and enforcement.
In order that land may be developed and used in accordance with
the policies, regulations, standards, and purposes of these regulations,
this chapter is hereby adopted and made effective as of the effective
date of this chapter.
A.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety, morals, and general welfare
and shall be construed to achieve the purposes for which this chapter
was adopted.
B.
Conflict with public provisions, exemptions and private provisions.
(1)
Public provisions: This chapter is not intended to interfere
with, abrogate, or annul any other ordinance, rule or regulation,
statute, or other provision of law, except as provided in this chapter.
Where any provision of this chapter imposes restrictions different
from those imposed by any other provision of this chapter or any other
ordinance, rule or regulation, statute, or other provision of law,
the provision that is more restrictive or imposes higher standards
shall control.
(2)
Exemptions:
(a)
It is recognized that the following acts preempt zoning ordinances.
Thus regulations contained herein are intended to be implemented only
to the extent that they are consistent with and do not exceed the
requirements of these acts (as amended) and that are not preempted
by other federal or state laws, as applicable.
(b)
This chapter shall not apply to any existing or proposed building,
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 situation of the building in question is reasonably necessary
for the convenience or welfare of the public and in accordance with
Section 619 of the PA MPC.
(3)
Private provisions: This chapter is not intended to abrogate
any easement, covenant, or other private agreement or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards or regulations than such easement, covenant,
or other private agreement or restriction, the requirements of this
chapter shall govern.
C.
Severability. If any part or provision of this chapter or the application
of this chapter to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which the judgment shall be rendered. It shall
not affect or impair the validity and continued enforcement of any
other parts or provisions of this chapter or the application of them
to other persons or circumstances.
This chapter shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision or land
development regulations, or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue, or as affecting
the liability of any person, firm or corporation, or as waiving any
right of the Township under any section or provision existing at the
time of adoption of this chapter, or as vacating or annulling any
rights obtained by any person, firm or corporation by lawful action
of the Township, except as shall be expressly provided for in this
chapter.
A.
Whenever, under this chapter, any use other than those explicitly prohibited or those which are deemed to be noxious, injurious or offensive, is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board (ZHB) to hear and decide such request as a special exception as per the procedures set forth in Article 9 of this chapter.
B.
Noxious, injurious, or offensive uses, occupations, trades, processes,
or buildings. Any use considered dangerous, noxious or injurious to
the health or safety of residents of adjoining lots or to Township
residents in general is hereby prohibited.
C.
The ZHB shall have the authority to permit or deny a use not provided
for or a prohibited use in accordance with the standards governing
special exception applications and the following standards.
(1)
The use may be permitted if it is similar to and compatible
with the permitted uses in the zone in which the subject property
is located; it is not permitted in any other zone under the terms
of this chapter; and it in no way is in conflict with the general
purposes and intent of this chapter.
(2)
The burden of proof shall be upon the applicant to demonstrate
that the proposed use meets the foregoing criteria and would not be
detrimental to the public health, safety, morals and welfare of the
neighborhood.
A.
New or expansion of agricultural uses. Lands proposed for new and/or
expanded agricultural uses must follow the Clean Streams Law, Pennsylvania
Chapter 102.4 Erosion and Sedimentation Control,[1] as amended and enforced by the Department of Environmental
Protection. Enforcement and administration of Chapter 102 requirements
is delegated by the Commonwealth to the Lancaster County Conservation
District (LCCD).
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.
Agriculture nuisance disclaimer. This disclaimer applies to all lands
located within or near an area where land is used for commercial agricultural
production. Owners, residents, and other users of this property may
be subjected to inconvenience, discomfort, and the possibility of
injury to property and health arising from normal and accepted agricultural
practices and operations, including, but not limited to, noise, odors,
dust, the operation of machinery of any kind, including aircraft,
the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides and pesticides. Owners, occupants, and
users of this property should be prepared to accept such inconveniences,
discomfort, and possibility of injury from normal agricultural operations,
and are hereby put on official notice that Section 4 of the Pennsylvania
Act 133 of 1982, the "Right to Farm Law,"[2] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[2]
Editor's Note: See 3 P.S. § 951 et seq.
C.
Manure storage facilities.
(1)
Development of these facilities is subject to the regulations
and guidelines outlined in the publication "Manure Management for
Environmental Protection, Bureau of Water Quality Management Publication
No. 43", and any revisions, supplements, and replacements thereof,
published by the Pennsylvania Department of Environmental Protection
(DEP).
The areas within East Hempfield Township, as assigned to each
zone and the location of the zones established by this chapter, are
shown upon the Zoning Map, which together with all explanatory matter
thereon, is attached to and is declared to be a part of the East Hempfield
Township Zoning Ordinance.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
The zone lines shall be as shown on the Zoning Map. Zone boundary
lines are intended to coincide with lot lines; centerlines of streets,
alleys, railroad rights-of-way, and streams at time of passage of
this chapter; 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 zone, the Zoning Officer shall investigate and render a decision
on the location of the line. Appeals from this decision shall be made
to the ZHB.
Upon the adoption of this chapter, all provisions of the East
Hempfield Township Zoning Ordinance of 1994, as amended, are expressly
repealed in its entirety to land within the limits of East Hempfield
Township.
