The purpose of this article is to provide a process for allowing
certain authorized uses in the Township that require a higher level
of scrutiny before they are permitted. Special exceptions shall meet
specific criteria and standards to ensure they are compatible with
and do not adversely impact surrounding areas.
The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the procedures of Article XXVII, Administration and Enforcement.
A.
The Zoning Hearing Board shall grant a special exception only if
it finds adequate evidence that any proposed development will meet
all of the following general requirements as well as any specific
requirements and standards listed in this chapter. The Board shall,
among other things, require that any proposed use and location be:
(1)
In accordance with the Comprehensive Plan and consistent with the
spirit, purposes, and intent of this chapter.
(2)
In the best interests of the Township and the public welfare.
(3)
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.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Designed to minimize impacts to street traffic and safety by providing
adequate access and egress to protect streets from undue congestion
and hazard.
B.
The Zoning Hearing Board may attach such other reasonable conditions
and safeguards, in addition to those expressed in this chapter, as
it may deem necessary to implement the purpose of this chapter.
A.
B.
Agricultural supply and equipment sales.
(1)
The minimum size shall be two acres.
(2)
All feed and fertilizer shall be stored at least 200 feet from any
dwelling unit or shall be stored within a completely enclosed building.
(3)
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.
(4)
Ingress, egress and internal traffic circulation shall be designed
to ensure safety and minimize congestion.
(5)
The applicant shall demonstrate that the granting of the proposed
use shall not materially increase traffic congestion on adjacent roads
and highways.
(6)
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.
D.
Assisted living facility/personal care facility.
(1)
The minimum lot size shall be two acres.
(2)
The development parcel must have access to public water and sewer.
(3)
Design of newly constructed buildings shall meet the special standards for multifamily buildings provided in Article XX.
(4)
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.
(5)
Any applicant for an assisted living facility or personal care home
must provide the following prior to receiving approval:
(a)
A parking plan acceptable to the Township that meets all parking
requirements, including number of spaces, layout, landscaping and
buffering. The parking plan shall demonstrate that sufficient parking
is available to accommodate overlapping shifts of employees.
(b)
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.
(c)
Copies of all licenses or permits required by local, state and
federal agencies.
E.
Bed-and-breakfast.
(1)
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.
(2)
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.
(3)
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.
(4)
Special occasion functions may be conducted on the grounds surrounding
the home and in buildings accessory to a residential home.
(5)
Catered food service from a licensed facility is permitted without
additional licensing requirements.
(6)
No cooking facilities shall be provided or permitted in individual
guest rooms.
(7)
Required parking spaces shall not be located in the front yard.
(8)
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.
F.
Camping facility.
(1)
Any parcel proposed for use as a camping facility shall have access
to public water.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
G.
Cemetery.
(1)
A minimum of 10 acres is required for a new cemetery facility. Any
expansion of a cemetery shall occur on adjoining property.
(2)
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.
(3)
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.
H.
I.
Communications antennas and communications equipment building.
(1)
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.
(2)
Building-mounted communications antennas shall be permitted to exceed
the building height limitations of the applicable zoning district
by no more than 20 feet.
(3)
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
(4)
Directional or panel communications antennas shall not exceed five
feet in height and three feet in width.
(5)
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.
(6)
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.
(7)
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.
(8)
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
(9)
Communications antennas shall not cause radio frequency interference
with other communications facilities located within the Township.
(10)
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.
(11)
The owner or operator of communications antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
J.
Communications tower.
(1)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
(2)
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.
(3)
Communications towers shall comply with all applicable Federal Aviation
Administration and Commonwealth Bureau of Aviation standards and regulations.
(4)
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:
(a)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, and its reinforcement
cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure, and the interference cannot be prevented at a reasonable
cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
|
Where technically feasible, all new towers shall be designed
to accommodate shared use of the tower.
|
(5)
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.
(6)
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.
(7)
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.
(8)
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function.
(9)
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.
(10)
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.
(11)
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:
(12)
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.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
(17)
Communications towers shall be protected and maintained in accordance
with the requirements of the Township Code.
(18)
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.
(19)
A minimum of one off-street parking space shall be provided
within the fenced area.
(20)
A land development plan shall be submitted with any application
for approval.
K.
Concentrated animal feeding operation (CAFO).
(1)
The minimum lot size shall be 50 acres.
(2)
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.
(3)
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.
L.
Day care and nursery school.
(1)
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.
(2)
Except for a sign, there shall be no external evidence of any gainful
activity for such facilities when located in a residentially zoned
district.
(3)
All day-care and nursery school facilities shall:
(4)
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:
M.
Elementary or secondary school.
(1)
Public and private schools shall adhere to the following dimensional
characteristics:
(2)
All off-street parking shall be set back at least 25 feet and screened
from adjoining lot lines.
(3)
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.
(4)
Off-street parking lots shall not be used as outdoor play areas.
(5)
All outdoor play areas must provide a means of shade such as a shade
tree(s) or pavilion(s).
(6)
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.
N.
Golf course in an Agricultural or Rural Residential District.
(1)
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.
(2)
All golf courses shall have access to public water and sewer service.
(3)
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.
(4)
No outdoor storage of golf carts or equipment shall be permitted.
(6)
Applicants for golf courses shall provide the following documentation
to the Township prior to approval:
(a)
A course layout plan showing the location of all buildings,
structures, fairways, greens, water bodies and the like.
(b)
Evidence of all permit approvals from the Department of Environmental
Protection, if required.
(c)
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.
O.
Halfway house.
(1)
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.
(2)
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.
(3)
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
(4)
The residents of the halfway house shall reside on-premises to benefit
from the services provided.
(5)
Necessary permits for water supply and sanitary waste disposal must
be obtained.
(6)
The halfway house shall not be located within 1,000 feet of any the
following uses:
(a)
School, elementary or secondary;
(b)
School, instructional;
(c)
College or university;
(d)
Camp (for minors' activity);
(e)
Day care or nursery school;
(f)
Place of worship;
(g)
Library;
(h)
Museum;
(i)
Indoor recreation facility;
(j)
Outdoor recreational facility; and
(k)
Other locations where minors congregate.
(7)
The halfway house shall not be located with 1,000 feet of another
halfway house.
(8)
Each application shall be accompanied by a statement describing the
following:
(a)
The character of the halfway house;
(b)
The policies and goals of the halfway house and the means proposed
to accomplish those goals;
(c)
The characteristics of the residents and number of residents
to be served;
(d)
The operating methods and procedures to be used; and
(e)
Any other facts relevant to the proposed operation of the halfway
house.
(9)
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.
P.
Junkyard. A junkyard shall comply with the requirements of Chapter 52 (Junkyards) of the Code of the Township of Hempfield, which are incorporated herein by reference as if more fully set forth herein.
Q.
Kennel.
(1)
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.
(2)
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.
(3)
No kennel may be established within 1/2 mile of an existing kennel.
(4)
A kennel located in an agricultural or residential zoning district
shall have a minimum lot area of five acres.
S.
Place of worship.
(1)
All places of worship shall have access to public water and sewer
service.
(2)
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.
(3)
In any residential zoning district, the place of worship shall be
set back 50 feet from all lot lines.
(4)
An applicant for a place of worship shall be required to submit the
following:
(5)
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.
(6)
Fire and safety provisions shall be adequate to meet local and state
requirements.
(7)
Church signs shall have a maximum area with a total aggregate of
48 square feet.
T.
Public utility structure, other than a communication tower, in a
residential district.
(1)
The structure shall be screened from view by fencing and shrubs or
evergreens planted around the exterior of the fence.
(2)
Access drives to the structure shall be improved with a dust-free,
all-weather surface for its entire length.
(3)
In residential districts, public utility vehicles shall be not parked
on public streets or driveways visible from the right-of-way.
(4)
A land development plan shall be submitted to the Township.
U.
Restaurant or tavern, sit-down.
(1)
The minimum site required shall be one acre.
(2)
The site shall have frontage on and direct vehicular access to an
arterial or collector street as defined by this chapter.
(3)
The applicant shall demonstrate that the granting of the proposed
use shall not materially increase traffic congestion on adjacent roads
and highways.
(4)
Ingress, egress and internal traffic circulation on the site shall
be designed to ensure safety and minimize congestion.
(6)
Operations shall be discontinued between 10:00 p.m. and 6:00 a.m.
(7)
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.
(8)
All lighting shall be shielded and reflected away from streets and
adjoining properties.
V.
W.
Salvor yard.
(1)
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.
(3)
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.
(4)
No garbage or other organic waste shall be stored on such premises.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
No burning shall occur on the premises.
(10)
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.
(11)
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.
(12)
An adult attendant shall at all times during normal business
hours remain on the premises, unless the gate to the premises is locked.
X.
Senior citizen residential community in the RR, SR and CR Districts.
(1)
The senior citizen residential community shall require a minimum
of 30 acres and shall have access to public water and sewer service.
(2)
Residential uses shall be consistent with the uses permitted in the
underlying district. Assisted living facilities shall only be allowed
in the CR District.
(5)
In the RR District, a senior citizen residential community shall be developed in accordance with the requirements for conservation subdivisions established in Article XIX.
(6)
Any applicant for a senior citizen residential community must provide
the following prior to receiving approval:
(a)
A parking plan acceptable to the Township that meets all parking
requirements, including number of spaces, layout, landscaping and
buffering. The parking plan shall demonstrate that sufficient parking
is available to accommodate overlapping shifts of employees.
(b)
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.
(c)
A maintenance plan demonstrating how all common facilities and
areas shall be managed.
Z.
Sexually oriented business.
(1)
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.
(2)
All sexually oriented businesses shall be a stand-alone use situated
on a lot having a minimum area of one acre.
(3)
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.
(4)
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:
[Amended 7-27-2020 by Ord. No. 2020-03]
(a)
Place of worship: 1,000 feet.
(b)
Public or private pre-elementary, elementary, or secondary school
property: 1,000 feet.
(c)
Public library: 1,000 feet.
(d)
Day care or nursery school: 1,000 feet.
(e)
Public playground or park: 1,000 feet.
(f)
Child-oriented business: 1,000 feet.
(g)
Commercial recreation uses: 1,000 feet.
(h)
Residential uses or zones: 1,000 feet.
(5)
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.
(6)
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.
(7)
Signs identifying a sexually oriented business shall conform to the provisions of Article XXII of this chapter except as provided herein:
(8)
Signs for sexually oriented businesses shall contain no photographs,
silhouettes, drawings, or pictorial representations of any manner
and may contain only:
(9)
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.
(10)
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.
AA.
Single-family dwelling(s) or minor subdivision.
(1)
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:
(a)
The construction of a single-family dwelling(s) or minor subdivision
as herein defined shall only be allowed on the parent tract that was
in single ownership as of the effective date of this chapter.
(b)
The proposed construction of a single-family dwelling(s) or a minor subdivision must comply with the minimum bulk and area standards established for an RR Zone District as set forth in § 87-18A of this chapter.
(c)
For the purposes of this section, a minor subdivision is defined by § 76-2B of the Hempfield Township Subdivision of Land Ordinance.
(d)
The total lots permitted to be subdivided from the parent tract
shall not exceed six lots; the residual tract shall be considered
as a lot for the purpose of calculating the total allowable lots.
(e)
There shall be no further subdivision of the lots created by
the minor subdivision.
BB.
Skilled care facility.
(2)
The minimum lot size shall be two acres.
(3)
The development parcel must have access to public water and
sewer.
(4)
Design of residential buildings shall meet the design standards for multifamily buildings provided in Article XX.
(5)
Any applicant for a skilled care facility must provide the following
prior to receiving approval:
(a)
A parking plan acceptable to the Township that meets all parking
requirements, including number of spaces, layout, landscaping and
buffering. The parking plan shall demonstrate that sufficient parking
is available to accommodate overlapping shifts of employees.
(b)
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.
(c)
Copies of any licenses or permits required by local, state and
federal agencies.
CC.
EE.
Student home.
(1)
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.
(2)
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.
(3)
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.
FF.
Marijuana
manufacturing and processing.
[Added 7-27-2020 by Ord. No. 2020-03]
(1)
MARIJUANA MANUFACTURING AND PROCESSING
Definition.
Processing, compounding or conversion of marijuana into cannabinoid
products, concentrates, or extracts, including packaging or labeling.
(2)
All
Pennsylvania grower/processor/dispenser licenses shall be required.
(3)
Marijuana
manufacturing and processing shall be a permitted use in Industrial,
Light Industrial, and Agricultural Zoning Districts by special exception
only.
A.
Any use not listed in Table 1, Principal Use Table, or Table 2, Accessory
Use Table, may be authorized by special exception if the Zoning Hearing
Board determines that the impact of the proposed use on the environment
and the adjacent streets and properties is equal to or less than any
use specifically listed in the zoning district. In making such determination,
the Zoning Hearing Board shall consider the following characteristics
of the proposed use:
B.
The proposed use shall comply with all applicable area and bulk regulations
and standards and criteria for the most nearly comparable use in the
zoning district.
