The following zone regulations are designed to guide the sustainable
development and maintenance of the zones established in Article 1,
Introduction, as well as to support and help achieve the community
development objectives of the East Hempfield Township Comprehensive
Plan and Subdivision and Land Development Ordinance, as amended.[1] Where applicable, no building permit shall be issued for
a use not specifically listed in this article or until a site plan
has been approved pursuant to the East Hempfield Township Subdivision
and Land Development Ordinance, as amended. Agricultural uses that
do not conform to the minimum lot area requirements imposed by this
section but were in existence as of the effective date of this chapter
are permitted.
A.
Statement of intent: to protect and promote agriculture in areas
located outside of East Hempfield Township's designated Urban Growth
Area. The provisions of this zone have been designed to meet Section
604(3) of the Pennsylvania Municipalities Planning Code (PA MPC),
which requires the Zoning Ordinance to be designed to preserve prime
agriculture and farmland considering topography, soil type and classification,
and present agriculture use. In order to preserve the agricultural
and rural character of the area, public sewer and water utility services
shall not be extended into the Agriculture Zone, and instead, each
use in this zone shall be serviced with on-lot sewer and water facilities.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(4)
Civic/social/utility uses:
(a)
Municipal use.
(b)
Park and recreation facilities, public.
(c)
Public utilities.
(d)
Schools, K-9.
(e)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5)
Accessory uses customarily incidental to the above permitted
uses:
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (See also Article 4 for modifications and exceptions).
(2)
Minimum setbacks for principal uses, accessory uses, and accessory
dwellings:
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
Accessory Dwelling
(feet)
|
|---|---|---|---|
|
Front
|
30
|
Not permitted
|
Not permitted in front yard
|
|
Side
|
15
|
10
|
10
|
|
Rear
|
30
|
10
|
10
|
(6)
Agricultural setback requirements: See regulations in Article
4.
(7)
Agricultural disclaimer: See regulations in Article 4.
(8)
Driveway and access drive requirement: All driveways serving
single-family dwellings and all access drives shall be in accordance
with the East Hempfield Township Road Ordinance.[4] All lanes exclusively serving agricultural, horticultural
and/or forestry-related activities shall be exempt from driveway and
access drive requirements.
(9)
On-lot sewer and water: All uses in this zone shall provide
for individual on-lot sewer and water facilities.
(10)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(11)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(12)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(13)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(14)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(15)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(16)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: This zone recognizes East Hempfield Township's
historically diverse settlement pattern within its agricultural and
rural area. The pattern of this development includes small clusters
of commercial and industrial uses together with residential uses within
a rural setting. The commercial and industrial uses provide a support
base for agricultural uses within the Rural Business Zone and also
within adjacent and nearby agricultural zones. In order to preserve
the agricultural and rural character of the area, public sewer and
water utility services shall not be extended into the Rural Business
Zone, and instead, each use in this zone shall be serviced with on-lot
sewer and water facilities.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(3)
Business uses:
(a)
Auction, retail.
(b)
Auction, wholesale.
(c)
Bed-and-breakfast.
(d)
Camps and campgrounds.
(e)
Contractor business and storage.
(f)
Farm-based business.
(g)
Heavy equipment sales, service, and repair.
(h)
Indoor theater and auditorium.
(i)
Industrial, light.
(j)
Office.
(k)
Veterinary clinic.
(l)
Veterinary hospital.
(m)
Motor vehicle sales, leasing, service.
[Added 2-2-2022 by Ord. No. 2022-02]
(n)
Vehicle wash, rural.
[Added 2-2-2022 by Ord. No. 2022-02]
(4)
Civic/social/utility uses:
(a)
Alternative energy systems, accessory.
(b)
Municipal use.
(c)
Park and recreation facilities, public.
(d)
Place of worship, local.
(e)
Public use.
(f)
Public utilities.
(g)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(h)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(i)
School, K-9 and 9-12.
[Added 2-2-2022 by Ord. No. 2022-02]
C.
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions).
(2)
Minimum setbacks for principal uses, accessory uses, and accessory
dwellings:
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
Accessory Dwelling
(feet)
|
|---|---|---|---|
|
Front
|
30
|
Not permitted in front yard
|
30
|
|
Side
|
15
|
10
|
15
|
|
Rear
|
30
|
10
|
30
|
(6)
Agricultural setback requirements: See regulations in Article
4.
(7)
Agricultural disclaimer: See regulations in Article 4.
(8)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(9)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(11)
On-lot sewer and water: All uses in this zone shall provide
for individual on-lot sewer and water facilities.
(12)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(13)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(14)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(15)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(16)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: To continue to reserve the area of East Hempfield
Township that is specifically designated for mineral extraction activities,
due to the presence of existing mineral extraction activities and
the presence of mineral resources.
B.
Permitted uses: The following are permitted uses by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(1)
Agricultural uses:
(a)
Agricultural operations, including one single-family detached
dwelling contained on the site, subject to the requirements of Article
5 (single-family dwellings).
(4)
Civic/social/utility uses:
(a)
Alternative energy systems, accessory.
(b)
Park and recreation facilities, public.
(c)
Park and recreation facilities, private and commercial.
(d)
Public use.
(e)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5)
Accessory uses customarily incidental to the above permitted
uses.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
Minimum lot area: 10 acres.
(2)
Minimum setbacks for principal and accessory uses: 50 feet from
all lot lines.
(3)
Minimum lot width: none.
(4)
Maximum lot coverage: none.
(5)
Maximum building height: 45 feet.
(7)
Agricultural setback requirements: See regulations in Article
4.
(8)
Agricultural disclaimer: See regulations in Article 4.
(9)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(10)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(11)
Driveway and access drives requirements: All driveways and access
drives shall comply with the East Hempfield Township Road Ordinance.
(12)
On-lot sewer and water: All uses in this zone shall provide
for individual on-lot sewer and water facilities.
(13)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(14)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(15)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(16)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(17)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: This zone supports and protects a suburban residential
lifestyle as well as other low-density residential housing sizes and
types considered to be appropriate for existing and/or new neighborhoods.
Such suburban neighborhoods shall include or be in close proximity
to recreational lands and shall be serviced by public infrastructure.
B.
Permitted uses: The following are permitted uses by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(1)
Agricultural uses:
(a)
Horticultural operations, including one single-family detached
dwelling contained on the site, subject to the requirements of Article
5 (single-family dwellings).
(2)
Residential uses:
(4)
Civic/social/utility uses:
(a)
Community activity buildings.
(b)
Place of worship, local.
(c)
Public use.
(d)
School, K-9 and 9-12.
(e)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
C.
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(2)
Minimum setbacks for principal uses, accessory uses, and accessory
dwellings:
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
Accessory Dwelling
(feet)
|
|---|---|---|---|
|
Front
|
30
|
Not permitted in front yard
|
30
|
|
Side
|
10
|
5
|
10
|
|
Rear
|
35
|
5
|
10
|
(7)
Agricultural setback requirements: See regulations in Article
4.
(8)
Agricultural disclaimer: See regulations in Article 4.
(9)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(10)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(12)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(13)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(14)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(15)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(16)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(17)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: This zone provides opportunities for medium-density
housing offering a range of housing types, sizes and permits ancillary
businesses that service existing and new neighborhoods. Such neighborhoods
should include or be in close proximity to recreational lands and
shall be serviced by public infrastructure.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(4)
Civic/social/utility uses:
(a)
Assisted living facilities.
(b)
Community activity buildings.
(c)
Municipal use.
(d)
Park and recreation facilities, public.
(e)
Place of worship, local.
(f)
Public use.
(g)
School, K-9 and 9-12.
(h)
School, post-secondary.
(i)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(j)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
C.
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
(1)
Mobile home parks.
[Amended 2-2-2022 by Ord. No. 2022-02]
(2)
Bed-and-breakfasts.
(3)
Boarding homes.
(6)
Day-care services, commercial and family.
(7)
Finance and insurance.
(9)
Mixed-use building.
(10)
Professional, scientific and technical offices.
(12)
Retail sales, service and repair.
(13)
Two-family conversions.
(14)
Small cell WFs and macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
E.
Design standards (see also Article 4 for modifications and exceptions):
(2)
Minimum setbacks for principal uses, accessory uses, and accessory
dwellings:
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
Accessory Dwelling
(feet)
|
|---|---|---|---|
|
Front
|
20*
|
Not permitted in front yard
|
20
|
|
Side
|
10
|
5
|
10
|
|
Rear
|
25
|
5
|
10
|
|
NOTE:
| |
|---|---|
|
*
|
25 feet if a sidewalk is located along the street in front of
the dwelling unit
|
(8)
Agricultural setback requirements: See regulations in Article
4.
(9)
Agricultural disclaimer: See regulations in Article 4.
(10)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(11)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(12)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(13)
Driveway and access drive requirements: All driveways and access
drives shall be in accordance with the East Hempfield Township Road
Ordinance.
(14)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(15)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(16)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(17)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(18)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: This zone strives to enhance and protect existing
traditional village-residential areas in East Hempfield Township.
The VR Zone encourages a mix of housing types. High priority is given
to maintaining the village's existing historic and cultural character.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(4)
Civic/social/utility uses:
(a)
Community activity buildings.
(b)
Municipal use.
(c)
Park and recreation facilities, public.
(d)
Place of worship, local.
(e)
Public use.
(f)
Public utilities.
(g)
School, K-9 and 9-12.
(h)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(i)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(3)
Minimum setbacks for principal uses, accessory uses and accessory
dwelling units:
[Amended 2-2-2022 by Ord. No. 2022-02]
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
Accessory Dwelling
(feet)
|
|---|---|---|---|
|
Front
|
See Subsection E(3)(a) below
|
Not permitted in front yard
|
Not permitted
|
|
Side
|
5
|
0
|
5
|
|
Rear
|
10
|
0
|
10
|
(a)
The front yard setback for a new or improved building on a vacant,
infill or redeveloped lot shall be not less than the average setback
of developed lots on the block, measured from the closest street right-of-way
line.
(6)
Maximum lot coverage: 50%.
[Amended 8-19-2020 by Ord. No. 2020-04]
(a)
A maximum of 70% lot coverage may be permitted provided that
approved pervious pavement materials are used and a landscaping plan,
in accordance with the Township standards, is prepared, approved,
and implemented. In addition, a maintenance schedule for both the
pervious pavement materials and the landscaping shall be prepared,
approved, and regularly implemented. The property owner shall be required
to record an operations and maintenance agreement (O&M) with the
Office of the Lancaster County Recorder of Deeds. The Township Zoning
Officer shall review and approve all requests and plan submission
materials related to an increased lot coverage total.
(7)
Maximum
building area.
[Added 8-19-2020 by Ord. No. 2020-04[7]
(a)
Multifamily dwelling: 5,000 square feet. Multifamily dwelling
buildings shall have a yard space of 50 feet between end walls and
front or rear faces of existing or proposed buildings.
[7]
Editor's Note: This ordinance also redesignated former Subsection
E(7) through (22) as Subsection E(8) through (23).
(8)
Minimum building height: The minimum building height is the
average building height of buildings located on the block or closest
street.
(9)
Maximum building height: 35 feet.
(10)
Lot configuration: Where alleys are present, all lots shall
front on the primary street and the rear of the lot shall face the
alley. No new lot shall front solely on an alley.
[Amended 8-19-2020 by Ord. No. 2020-04]
(11)
Pedestrian walkways: Pedestrian walkways shall be provided within
the Village Residential Zone and shall be designed and located so
as to accommodate and encourage safe and efficient pedestrian-friendly
movements within the community. Depending upon the purpose and location
within the community, applicant may propose varying widths and surfaces
for such walkways. All pedestrian walkways shall be a minimum of four
feet in width.
(12)
Bus stops: Bus stops shall be placed at appropriate locations
within the Village Residential Zone as coordinated with local mass
transit providers.
(13)
Agricultural setback requirements: See regulations in Article
4.
(14)
Agricultural disclaimer: See regulations in Article 4.
(15)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(16)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(17)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(19)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(20)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(21)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not technically feasible.
[Amended 8-19-2020 by Ord. No. 2020-04]
(22)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(23)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
F.
Demolition: No structure shall be demolished without a permit obtained
under this provision, except for emergency demolitions.
[Added 8-19-2020 by Ord.
No. 2020-04]
(1)
Process: An applicant desiring the demolition of an accessory
structure that is less than 400 square feet and that is not listed
in the East Hempfield Township Historic Inventory shall apply directly
to the Zoning Officer for a permit. All other requests for demolition
shall be treated as a conditional use request under the PA Municipalities
Planning Code, as amended. As such, the East Hempfield Township Planning
Commission shall review each demolition request and offer their findings
to the Board of Supervisors for consideration. The Board of Supervisors
shall make a decision whether to grant or deny the permit.
(2)
Request procedure: A request for demolition can be filed on
any business day; however, the Planning Commission may review a request
at a particular meeting only if the plan was filed at least 21 calendar
days prior to the meeting.
(3)
Request requirements: A written request shall be submitted with
the following materials.
(a)
A description of the structure in question, with the year it
was built and Historic Resource Class designation, if available.
(b)
The reasons for the demolition request.
(c)
A certification from the landowner that the structure cannot
be feasibly rehabilitated to meet a permitted use.
(d)
Reference to a submitted or approved land development plan,
where applicable. In the case of a request to demolish a principal
structure, the request shall not be considered complete and will not
be scheduled for hearing until a sketch plan depicting the subsequent
redevelopment of the site is provided to the Township.
(4)
Criteria for review: The burden of proof is on the property
owner to demonstrate that the property owner has been deprived any
profitable use of the relevant parcel as a whole. The recommendation
of the Planning Commission and the decision of the Board of Supervisors
shall be based upon a review of the information submitted by the applicant
against all criteria and not any one criterion. The purpose of the
Village Residential Zone shall also be considered.
(a)
It is not feasible to continue the current use.
(b)
Other uses permitted within the underlying zoning district,
either as permitted uses, special exception uses, or conditional uses,
have been denied or are not feasible due to constraints on the building
or structure.
(c)
Adaptive use opportunities do not exist due to constraints related
to the building, structure or property.
(d)
The building, it's permitted uses, and adaptive use potential
does not provide a reasonable rate of return, based on a reasonable
initial investment. Such reasonable rate of return shall be calculated
with respect to the property taken as a whole.
(e)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration
or similar physical action.
(f)
The demolition will not adversely affect the character of the
property, streetscape, neighborhood or community.
(g)
A proposed new building, structure or use (if applicable) on
or of the property will not adversely affect the character of the
streetscape, neighborhood or community.
(h)
The building is structurally unsound.
(i)
The denial of demolition would result in unreasonable economic
hardship to the owner.
(j)
Sale of the building or structure is impossible or impractical.
(k)
Denial of demolition will deprive the property as a whole of
all beneficial use.
(5)
Associated land development plan: If the application for a permit
for demolition of one or more principal structure is being requested
to facilitate future development of the land, the said permit shall
not be issued until the following additional requirements have been
satisfied.
(6)
Pre-demolition requirements: In those instances where an application
for demolition is approved, the building(s) to be demolished shall
be historically and photographically documented. The extent of the
documentation shall be determined by the significance of the building(s).
When documentation is complete the building shall be dismantled and
recycled to the greatest extent possible. Electronic copies of all
documentation shall be submitted to the Township.
(7)
Denial of demolition: All appeals from decisions of the Board
of Supervisors in the administration of this section shall be made
in accordance with the provisions of the Municipalities Planning Code,
Article X-A.
(8)
Enforcement: In addition to the enforcement provisions in § 270-9.2, the Zoning Officer, with the authorization of the Board of Supervisors, may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(9)
Emergency demolitions: Emergency demolitions to protect the
health, safety and welfare of the citizens of East Hempfield Township
are regulated under the East Hempfield Township Property Maintenance
Code, Uniform Building Code, or its successors and the provisions
of that Code shall take precedence over the provisions contained herein.
(10)
Demolition by neglect:
(a)
General requirements: Demolition by neglect is the absence of
routine maintenance and repair which leads to structural weakness,
decay and deterioration in a building or structure to the point where
the building or structure meets the criteria for condemnation.
[1]
Codes violations: If the Zoning Officer cited a
property owner of a principal structure for conditions that has or
could lead to structural weakness, decay or deterioration and the
property owner fails to correct the condition(s) in the time specified,
that property owner may be cited by the Zoning Officer also for demolition
by neglect under these provisions and be subject to the penalties
contained herein.
[2]
The owner of unoccupied principal or accessory
buildings or structures that have been cited for violations shall
develop a written maintenance program for the protection of any and
all unoccupied Class I or Class II historic resources. Said maintenance
program shall be established in accordance with East Hempfield Township
Property Maintenance Code. A copy of the maintenance program shall
be filed with the Zoning Officer, with the Board of Supervisors authorization,
and implementation begun in accordance with an established timetable.
[a]
The maintenance program shall address measures
to assure that structural components are protected and reinforced
to stabilize and maintain the essential form of the building or structure.
Structural features requiring stabilization include, but may not be
limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns,
beams, posts, as well as window and door sills, lintels and jambs.
[b]
The exterior and interior of the building or structure
shall be inspected no less than annually by the Zoning Office with
the owner or the owner's agent to determine code compliance with the
established maintenance program.
(11)
Enforcement.
(a)
In addition to the enforcement provisions in § 270-9.2, the Zoning Officer may authorize action to withhold issuance of any and all zoning and building permits for a period of up to two years for any property that, at the time of the enactment of these provisions, was occupied by a building or structure that was subsequently demolished by neglect, except that permits may be issued for the abatement of any cited condition governed by East Hempfield Township.
(b)
In addition, the Zoning Officer may take other appropriate legal
action, which may include equitable and injunctive relief, to enforce
the provisions of this section.
A.
Statement of intent: This zone recognizes East Hempfield Township's
original residential, commercial and mixed-use settlement pattern
within its village areas. This established pattern of development
includes higher intensities of development that integrates a mix of
business and residential uses. The Village Center Zone provides opportunities
for redevelopment, infill and reuse of existing, particularly historic
structures.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(3)
Business uses:
(a)
Amusement, fitness, and entertainment businesses.
(b)
Bed-and-breakfasts.
(c)
Conveniences stores.
(d)
Day-care services, commercial.
(e)
Finance and insurance.
(f)
Funeral homes.
(g)
Grocery store.
(h)
Industrial, light.
(i)
Lodging and overnight accommodations.
(j)
Mixed-use building.
(l)
Performing arts and related industry.
(m)
Private club.
(n)
Professional, scientific and technical offices.
(o)
Restaurants.
(p)
Retail sales, service and repair.
(q)
Shopping complex.
(r)
Veterinary clinic.
(s)
Car wash and detailing.
[Added 5-1-2019 by Ord.
No. 2019-07]
(4)
Civic/social/utility uses:
(a)
Community activity buildings.
(b)
Municipal use.
(c)
Park and recreation facilities, public.
(d)
Place of worship, local.
(e)
Public use.
(f)
Public utilities.
(g)
School, K-9 and 9-12.
(h)
School, post-secondary.
(i)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(j)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
C.
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(3)
Minimum setbacks for principal uses, accessory uses, and accessory
dwelling units:
|
Setback
|
Principal
|
Accessory
|
Accessory Dwelling
| |
|---|---|---|---|---|
|
RESIDENTIAL
| ||||
|
Front
|
Not less than the average setback of developed lots on the block,
measured from the closest street right-of-way line
|
Not permitted in front yard
|
Not permitted in front yard
| |
|
Side
|
5 feet
|
0 feet
|
5 feet
| |
|
Rear
|
10 feet
|
0 feet
|
10 feet
| |
|
NONRESIDENTIAL
| ||||
|
Front
|
See Subsection E(2)(a) below
|
Equal to the principal
|
Not permitted in front yard
| |
|
Side
|
10 feet from other nonresidential uses. 20 feet from adjacent
residential uses
|
10 feet from other nonresidential uses. 20 feet from adjacent
residential uses.
|
10 feet
| |
|
Rear
|
10 feet
|
0 feet
|
10 feet
| |
(a)
Parking facilities contained on commonly held lands shall have
a minimum separation distance of 20 feet to any other nonresidential
or residential building. Pedestrian walkways and lighting may be constructed
within the twenty-foot setback.
(6)
Maximum lot coverage: 50%.
[Amended 8-19-2020 by Ord. No. 2020-04]
(a)
A maximum of 70% lot coverage may be permitted provided that
approved pervious pavement materials are used and a landscaping plan,
in accordance with the Township standards, is prepared, approved,
and implemented. In addition, a maintenance schedule for both the
pervious pavement materials and the landscaping shall be prepared,
approved, and regularly implemented. The property owner shall be required
to record an operations and maintenance agreement (O&M) with the
Office of the Lancaster County Recorder of Deeds. The Township Zoning
Officer shall review and approve all requests and plan submission
materials related to an increased lot coverage total.
(7)
Maximum building height: 35 feet. If an underground parking
facility is utilized for a multifamily building, and at least 50%
of the parking level is provided below grade, the parking level shall
not be considered a story for purposes of calculating height.
(9)
Lot configuration: Where alleys are present, all lots shall
front on the primary street and the rear of the lot shall face the
alleyway. No new lot shall front solely on an alley.
[Amended 8-19-2020 by Ord. No. 2020-04]
(10)
Pedestrian walkways: Pedestrian walkways shall be provided within
the Village Center Zone and shall be designed and located so as to
accommodate and encourage safe and efficient pedestrian-friendly movements
within the community. Depending upon the purpose and location within
the community, applicant may propose varying widths and surfaces for
such walkways. All pedestrian walkways shall be a minimum of four
feet in width.
(11)
Bus stops: Bus stops shall be placed at appropriate locations
within the Village Center Zone as coordinated with local mass transit
providers.
(12)
The entrance to any dwelling unit in a mixed-use building may
be shared with another dwelling unit or units but shall be independent
of the nonresidential use or uses.
(13)
Restaurant uses shall be permitted to operate outdoor cafes
on sidewalks and in courtyards, provided pedestrian circulation or
access to entrances shall not be impaired.
(14)
Agricultural setback requirements. See regulations in Article
4.
(15)
Agricultural disclaimer. See regulations in Article 4.
(16)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(17)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter, except as modified as follows:
(a)
Parking shall be located within the side or rear yard.
(b)
For all dwelling types, driveway access may be provided from
alleys.
(c)
All residential uses shall provide a minimum of two parking
spaces per dwelling unit.
(d)
All other permitted uses shall provide the number of spaces
directed under Article 8 of this chapter.
(e)
The minimum parking requirements for all uses, with the exception
of single-family detached dwellings, may be satisfied through any
combination of the following: driveways, carports, garages, on-street
parking spaces along interior access drives and/or streets, off-street
parking spaces and/or parking facilities. Parking for single-family
detached dwellings must be provided behind the street right-of-way
line in the form of driveways, carports or garages.
(f)
Required parking for any nonresidential use must be located
in a parking area whose furthest point is within 500 feet from the
building.
[Amended 8-19-2020 by Ord. No. 2020-04]
(g)
Shared parking is encouraged within the Village Center Zone.
Applicant may request a modification and reduction of the number of
required parking spaces, as specified in Article 8, when two or more
uses are able to share parking spaces because demands occur at different
times.
[Amended 8-19-2020 by Ord. No. 2020-04]
(18)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(20)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(21)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(22)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(23)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(24)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
F.
Demolition: No structure shall be demolished without a permit obtained
under this provision, except for emergency demolitions.
[Added 8-19-2020 by Ord.
No. 2020-04]
(1)
Process: An applicant desiring the demolition of an accessory
structure that is less than 400 square feet and that is not listed
in the East Hempfield Township Historic Inventory shall apply directly
to the Zoning Officer for a permit. All other requests for demolition
shall be treated as a conditional use request under the PA Municipalities
Planning Code, as amended. As such, the East Hempfield Township Planning
Commission shall review each demolition request and offer their findings
to the Board of Supervisors for consideration. The Board of Supervisors
shall make a decision whether to grant or deny the permit.
(2)
Request procedure: A request for demolition can be filed on
any business day; however, the Planning Commission may review a request
at a particular meeting only if the plan was filed at least 21 calendar
days prior to the meeting.
(3)
Request requirements: A written request shall be submitted with
the following materials.
(a)
A description of the structure in question, with the year it
was built and Historic Resource Class designation, if available.
(b)
The reasons for the demolition request.
(c)
A certification from the landowner that the structure cannot
be feasibly rehabilitated to meet a permitted use.
(d)
Reference to a submitted or approved land development plan,
where applicable. In the case of a request to demolish a principal
structure, the request shall not be considered complete and will not
be scheduled for hearing until a sketch plan depicting the subsequent
redevelopment of the site is provided to the Township.
(4)
Criteria for review: The burden of proof is on the property
owner to demonstrate that the property owner has been deprived any
profitable use of the relevant parcel as a whole. The recommendation
of the Planning Commission and the decision of the Board of Supervisors
shall be based upon a review of the information submitted by the applicant
against all criteria and not any one criterion. The purpose of the
Village Center Zone shall also be considered.
(a)
It is not feasible to continue the current use.
(b)
Other uses permitted within the underlying zoning district,
either as permitted uses, special exception uses, or conditional uses,
have been denied or are not feasible due to constraints on the building
or structure.
(c)
Adaptive use opportunities do not exist due to constraints related
to the building, structure or property.
(d)
The building, it's permitted uses, and adaptive use potential
does not provide a reasonable rate of return, based on a reasonable
initial investment. Such reasonable rate of return shall be calculated
with respect to the property taken as a whole.
(e)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration
or similar physical action.
(f)
The demolition will not adversely affect the character of the
property, streetscape, neighborhood or community.
(g)
A proposed new building, structure or use (if applicable) on
or of the property will not adversely affect the character of the
streetscape, neighborhood or community.
(h)
The building is structurally unsound.
(i)
The denial of demolition would result in unreasonable economic
hardship to the owner.
(j)
Sale of the building or structure is impossible or impractical.
(k)
Denial of demolition will deprive the property as a whole of
all beneficial use.
(5)
Associated land development plan: If the application for a permit
for demolition of one or more principal structure is being requested
to facilitate future development of the land, the said permit shall
not be issued until the following additional requirements have been
satisfied.
(6)
Pre-demolition requirements: In those instances where an application
for demolition is approved, the building(s) to be demolished shall
be historically and photographically documented. The extent of the
documentation shall be determined by the significance of the building(s).
When documentation is complete the building shall be dismantled and
recycled to the greatest extent possible. Electronic copies of all
documentation shall be submitted to the Township.
(7)
Denial of demolition: All appeals from decisions of the Board
of Supervisors in the administration of this section shall be made
in accordance with the provisions of the Municipalities Planning Code,
Article X-A.
(8)
Enforcement: In addition to the enforcement provisions in § 270-9.2, the Zoning Officer, with the authorization of the Board of Supervisors, may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(9)
Emergency demolitions: Emergency demolitions to protect the
health, safety and welfare of the citizens of East Hempfield Township
are regulated under the East Hempfield Township Property Maintenance
Code, Uniform Building Code, or its successors and the provisions
of that Code shall take precedence over the provisions contained herein.
(10)
Demolition by neglect:
(a)
General requirements: Demolition by neglect is the absence of
routine maintenance and repair which leads to structural weakness,
decay and deterioration in a building or structure to the point where
the building or structure meets the criteria for condemnation.
[1]
Codes violations: If the Zoning Officer cited a
property owner of a principal structure for conditions that has or
could lead to structural weakness, decay or deterioration and the
property owner fails to correct the condition(s) in the time specified,
that property owner may be cited by the Zoning Officer also for demolition
by neglect under these provisions and be subject to the penalties
contained herein.
[2]
The owner of unoccupied principal or accessory
buildings or structures that have been cited for violations shall
develop a written maintenance program for the protection of any and
all unoccupied Class I or Class II historic resources. Said maintenance
program shall be established in accordance with East Hempfield Township
Property Maintenance Code. A copy of the maintenance program shall
be filed with the Zoning Officer, with the Board of Supervisors authorization,
and implementation begun in accordance with an established timetable.
[a]
The maintenance program shall address measures
to assure that structural components are protected and reinforced
to stabilize and maintain the essential form of the building or structure.
Structural features requiring stabilization include, but may not be
limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns,
beams, posts, as well as window and door sills, lintels and jambs.
[b]
The exterior and interior of the building or structure
shall be inspected no less than annually by the Zoning Office with
the owner or the owner's agent to determine code compliance with the
established maintenance program.
(11)
Enforcement.
(a)
In addition to the enforcement provisions in § 270-9.2, the Zoning Officer may authorize action to withhold issuance of any and all zoning and building permits for a period of up to two years for any property that, at the time of the enactment of these provisions, was occupied by a building or structure that was subsequently demolished by neglect, except that permits may be issued for the abatement of any cited condition governed by East Hempfield Township.
(b)
In addition, the Zoning Officer may take other appropriate legal
action, which may include equitable and injunctive relief, to enforce
the provisions of this section.
A.
Statement of intent: This zone provides East Hempfield Township residents
with major goods and services at a size and scale that is appropriate
with surrounding neighborhoods. The zone represents existing and new
business areas in the Township that are contiguous to the Township's
major corridors in the Designated Growth Area in the East Hempfield
Township Comprehensive Plan. These areas have the carrying capacity
to accommodate moderately sized business activities. A major organizing
feature of these business areas is the roadway corridor; therefore,
design features of the corridor to provide streets that accommodate
motorized and nonmotorized vehicular and pedestrian traffic and parking
in a safe, efficient and attractive manner is of paramount importance.
The zone provides opportunities for live-work arrangements in multi-use
structures.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter including but not
limited to specific use provisions in Article 5.
(3)
Business uses:
(a)
Amusement, fitness, and entertainment businesses.
(b)
Bed-and-breakfasts.
(c)
Conveniences stores.
(d)
Drive-through and drive-in services.
(e)
Finance and insurance.
(f)
Grocery store.
(g)
Industrial, light.
(h)
Lodging and overnight accommodations.
(i)
Mixed-use building.
(k)
Motor vehicle sales, leasing, and service.
(l)
Private club.
(m)
Professional, scientific and technical offices.
(n)
Restaurant.
(o)
Retail sales, service and repair.
(p)
Self-storage facilities.
(q)
Shopping complex.
(r)
Veterinary hospital/clinic.
(s)
Personal care service.
[Added 3-18-2015 by Ord.
No. 2015-03]
(t)
Contractor business and storage.
[Added 3-18-2015 by Ord.
No. 2015-03]
(u)
Car wash and detailing.
[Added 5-1-2019 by Ord.
No. 2019-07]
(v)
Drive-through restaurant.
[Added 5-18-2022 by Ord. No. 2022-09]
(4)
Civic/social/utility uses:
(a)
Community activity buildings.
(b)
Municipal use.
(c)
Park and recreation facilities, public.
(d)
Place of worship, local.
(e)
Public utilities.
(f)
Recycling facilities less than 300 square feet.
(g)
School, post-secondary.
(h)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(i)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
Minimum lot area: None.
(2)
Minimum setbacks for principal uses, accessory uses, and accessory
dwelling units.
|
Setback
|
Principal
|
Accessory
|
Accessory Dwelling
| |
|---|---|---|---|---|
|
RESIDENTIAL
| ||||
|
Front
|
20 feet*
|
Not permitted in front yard
|
20 feet
| |
|
Side
|
10 feet
|
5 feet
|
10 feet
| |
|
Rear
|
20 feet
|
5 feet
|
10 feet
| |
|
NONRESIDENTIAL
| ||||
|
Front
|
20 feet
|
20 feet
|
Not permitted in front yard
| |
|
Side
|
10 feet from other nonresidential uses. 20 feet from adjacent
residential uses
|
10 feet from other nonresidential uses. 20 feet from adjacent
residential uses
|
10 feet
| |
|
Rear
|
20 feet
|
10 feet
|
10 feet
| |
|
NOTE:
| |
|---|---|
|
*
|
25 feet if a sidewalk is located along the street in front of
the dwelling unit
|
(5)
Maximum lot coverage: 70%.
(7)
Maximum building area:
(a)
Grocery store: 65,000 square feet.
(b)
Industrial, light: 10,000 square feet.
(c)
Lodging and overnight accommodations: 30,000 square feet.
(d)
Retail businesses (excluding convenience stores): 25,000 square
feet.
(e)
Self-storage facilities.
[Added 3-2-2022 by Ord. No. 2022-03[7]
[1]
Lots more than 10 acres, provided the lot is accessible via
a collector road: 65,000 square feet.
[2]
All other lots not meeting the requirements of § 270-3.9E(7)(e)[1]: 15,000 square feet.
[7]
Editor's Note: This ordinance also redesignated former Subsection
E(7)(e) as Subsection E(7)(f).
(f)
All other buildings: 15,000 square feet.
(8)
Agricultural setback requirements: See regulations in Article
4.
(9)
Agricultural disclaimer: See regulations in Article 4.
(10)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(11)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(12)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(14)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(15)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(16)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible or is prohibitively expensive.
[Amended 3-2-2022 by Ord. No. 2022-03]
(17)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(18)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: To designate areas for mixed use commerce centers,
which provide opportunities for the development of major employment
complexes, with a focus on priority business clusters; office, research,
and light industrial complexes; and economic development. These primary
activities are supplemented by a modest amount of retail sales, service
and repair and service activities to serve the needs of the commerce
center employees. The zone has direct access to a complete transportation
network, which accommodates both local and regional traffic. Special
attention is given to design to ensure all elements of the center
are coordinated and fit into the community character of East Hempfield
Township.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(3)
Business uses:
(a)
Amusement, fitness, and entertainment businesses.
(b)
Auction, retail.
(c)
Bed-and-breakfasts.
(d)
Contractor business and storage.
(e)
Convenience store.
(f)
Day-care services, commercial.
(g)
Drive-through and drive-in services.
(h)
Finance and insurance.
(i)
Grocery stores.
(j)
Industrial, light.
(k)
Lodging and overnight accommodations.
(m)
Motor vehicle sales, leasing, and service.
(n)
Private club.
(o)
Professional, scientific and technical offices.
(p)
Restaurants.
(q)
Retail sales, service and repair.
(r)
Self-storage facilities.
(s)
Shopping complexes.
(t)
Veterinary clinic.
(u)
Veterinary hospital.
(v)
Personal care service.
[Added 3-18-2015 by Ord.
No. 2015-03]
(w)
Car wash and detailing.
[Added 5-1-2019 by Ord.
No. 2019-07]
(x)
Drive-through restaurant.
[Added 5-18-2022 by Ord. No. 2022-09]
(4)
Civic/social/utility uses:
(a)
Assisted living facilities.
(b)
Community activity buildings.
(c)
Municipal use.
(d)
Park and recreation facilities, private and/or commercial.
(e)
Park and recreation facilities, public.
(f)
Place of worship, local.
(g)
Public use.
(h)
Public utilities.
(i)
Recycling facilities less than 300 square feet.
(j)
School, post-secondary.
(k)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(l)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
C.
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
Minimum lot area: None.
(2)
Minimum setbacks for principal and accessory uses:
|
Setback
|
Principal
|
Accessory
|
Accessory Dwelling
| |
|---|---|---|---|---|
|
RESIDENTIAL
| ||||
|
Front
|
35 feet
|
Not permitted in front yard
|
20 feet
| |
|
Side
|
10 feet
|
5 feet
|
10 feet
| |
|
Rear
|
20 feet
|
10 feet
|
10 feet
| |
|
NONRESIDENTIAL
| ||||
|
Front
|
35 feet
|
35 feet
|
Not permitted in front yard
| |
|
Side
|
10 feet from other nonresidential uses. 20 feet from adjacent
residential uses
|
10 feet from other nonresidential uses. 20 feet from adjacent
residential uses
|
10 feet
| |
|
Rear
|
20 feet
|
10 feet
|
10 feet
| |
(3)
Maximum residential density: eight dwelling units per acre.
(5)
Maximum lot coverage: 70%.
(6)
Maximum building height: 45 feet.
(7)
Agricultural setback requirements: See regulations in Article
4.
(8)
Agricultural disclaimer: See regulations in Article 4.
(9)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(10)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(11)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(13)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(14)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(15)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(16)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(17)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: To recognize existing and reserve future areas
of the Township for the development of institutional campuses. Predominant
characteristics of a campus-style development include a mixture of
uses that are complementary to the principal use. Design standards
should be flexible to accommodate a variety of types of campus-style
development. This zone requires that special attention be given to
design to ensure all elements of a campus development, particularly
pedestrian connectivity, streetscape, and landscaping enhancements,
are coordinated and fit within a planned campus development.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(4)
Civic/social/utility uses:
(a)
Assisted living facilities.
(b)
Community activity buildings.
(c)
Long-term care facilities.
(d)
Municipal use.
(e)
Park and recreation facilities, private and/or commercial.
(f)
Park and recreation facilities, public.
(g)
Places of worship, local.
(h)
Public use.
(i)
Public utilities.
(j)
School, K-9 and 9-12.
(k)
School, post-secondary.
(l)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(m)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5)
Campus accessory uses customarily incidental to the above campus
uses including, but not limited to, the following:
(b)
Business uses accessory to a permitted campus use:
[1]
Convenience stores.
[2]
Finance and insurance.
[3]
Home-based business, no-impact.
[4]
Lodging and overnight accommodations.
[5]
Mixed-use building.
[6]
Professional, scientific and technical offices.
[7]
Restaurants.
[8]
Retail sales, service and repair.
[9]
Day-care services, commercial.
[Added 5-1-2019 by Ord.
No. 2019-07]
[10]
Drive-through and drive-in services.
[Added 6-1-2022 by Ord. No. 2022-10]
[11]
Drive-through restaurant.
[Added 6-1-2022 by Ord. No. 2022-10]
(6)
Accessory uses customarily incidental to the above permitted
uses:
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
Minimum lot area: None.
(2)
Minimum setbacks for principal and accessory uses:
[Amended 6-1-2022 by Ord. No. 2022-10]
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
|---|---|---|
|
Front
|
25(1)
|
20(1)
|
|
Side
|
25
|
25
|
|
Rear
|
30
|
30
|
|
NOTE:
| |
|---|---|
|
(1)
|
Buildings greater than 45 feet in height: the front setback
shall be equal to the proposed building height.
|
(3)
Maximum residential density: None.
(5)
Maximum lot coverage: 70%.
(7)
Master development plan requirement: In order to inform the
Township regarding development plans, and to assure the Township that
such plans are compatible with the future development of the C Zone,
the applicant shall prepare and submit a master development plan to
the Township Planning Commission and the Township Board of Supervisors
prior to submission of any subdivision or land development plans regarding
the C Zone. The master development plan shall be submitted and reviewed
in the same manner as a sketch plan under the Township Subdivision
and Land Development Ordinance, as amended.[3] The applicant shall submit an update of the master development
plan every five years, at a minimum, unless the applicant indicates
that there are no changes from the most recent, previously submitted
master development plan. No subdivision or land development plan or
zoning permit for any new construction or substantial rehabilitation
shall be issued, unless it is consistent with the master development
plan, as amended by the applicant from time to time.
(a)
The master development plan shall contain, at a minimum, the
following:
[1]
A map showing the location of the site;
[2]
A listing and description of all existing structures
and uses, if any;
[3]
A conceptual plan (prepared to the standards of
a sketch plan as defined in the Township Subdivision and Land Development
Ordinance, as amended) showing the proposed overall development scheme,
including a description of the type of uses; the size, height and
floor space of each planned structure, including site plans showing
the physical location of each; the provisions for parking; and the
proposed streets and public ways;
[4]
A description of the manner in which each planned
structure will relate to an integrated campus setting; and
[5]
A description of the manner in which each planned
structure will be consistent with the Township's Comprehensive Plan.
(8)
Agricultural setback requirements: See regulations in Article
4.
(9)
Agricultural disclaimer: See regulations in Article 4.
(10)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(11)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(12)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(14)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(15)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(16)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(17)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(18)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: Areas of the community that are prime for business
enterprise due to vehicle and/or rail access, utilities and infrastructure.
The uses within this zone, due to their size, scale, potential environmental
impacts, truck traffic, rail access, and type of activity, are appropriately
located at a desirable distance from neighborhoods, schools, parks
and recreation areas. These business areas provide essential benefits
to the Township including employment and economic/financial stability
that help to create a more sustainable community.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(3)
Business uses:
(a)
Auction, automobile.
(b)
Auction, wholesale.
(c)
Contractor business and storage.
(d)
Convenience stores.
(e)
Heavy equipment sales, service and repair.
(f)
Industrial, light and general.
(g)
Lodging and overnight accommodations.
(h)
Office.
(j)
Motor vehicle storage.
(k)
Professional, scientific and technical offices.
(l)
Regional commercial sports facilities.
(m)
Self-storage facilities.
(n)
Motor vehicle sales, leasing and service.
[Added 6-17-2015 by Ord.
No. 2015-07]
(o)
Day-care services, commercial.
[Added 11-16-2016 by Ord.
No. 2016-05]
(p)
Truck stop.
[Added 5-1-2019 by Ord.
No. 2019-07]
(q)
Car wash and detailing.
[Added 5-1-2019 by Ord.
No. 2019-07]
(r)
Drive-through restaurant.
[Added 5-18-2022 by Ord. No. 2022-09]
(4)
Civic/social/utility uses:
(a)
Municipal use.
(b)
Park and recreation facilities, private and/or commercial.
(c)
Park and recreation facilities, public.
(d)
Public utilities.
(e)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(f)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
C.
Conditional uses: The following uses require conditional use approval from the Board of Supervisors. See regulations in Article 9 and specific use provisions in Article 5.
D.
Special exceptions: The following uses require special exception approval from the Zoning Hearing Board. See regulations in Article 9 and specific use provisions in Article 5.
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
Minimum lot area: None.
(2)
Minimum setbacks for principal and accessory uses:
|
Setbacks
|
Principal
(feet)
|
Accessory
(feet)
|
|---|---|---|
|
Front
|
50
|
Not permitted in front yard
|
|
Side
|
25
|
15
|
|
Rear
|
35
|
20
|
(3)
Minimum lot width: 200 feet.
(4)
Maximum lot coverage: 70%.
(5)
Maximum building height:
(a)
Principal structures: 60 feet.
(b)
Structures for a regional commercial sports facility may exceed
the maximum permitted height so long as they are set back from all
lot lines at least the horizontal distance equal to their height,
plus an additional 50 feet provided that the maximum height of the
structure shall not exceed 85 feet. Furthermore, the portion of the
structure exceeding the maximum permitted height shall not be used
for habitable occupancy.
(6)
All uses shall meet all state and federal regulations.
(7)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(8)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(9)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(11)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(12)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(13)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(14)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(15)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: This zone intends to provide greater design
flexibility, efficiency, and options for conserving open space and
park/recreation areas and reducing infrastructure needs required for
typical development. The regulations of the zone provide the impetus
to create development harmonious with the landscape and important
natural amenities; to encourage design concepts that complement East
Hempfield Township's scenic and historic character; and to protect
and develop open spaces within neighborhoods. Future development should
be focused on creating a network of open spaces throughout the community.
East Hempfield Township desires connections between natural and recreational
areas; and, specifically, to establish a greenway system along stream
corridors that would interconnect with regional and county greenway
systems.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(4)
Civic/social/utility uses:
(a)
Greenways.
(b)
Municipal use.
(c)
Park and recreation facilities, private and/or commercial.
(d)
Park and recreation facilities, public.
(e)
Private club.
(f)
Public utilities.
(g)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(h)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5)
Accessory uses customarily incidental to the above permitted
uses, including but not limited to:
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
Minimum lot area: None.
(2)
Minimum setbacks for principal and accessory uses:
|
Setbacks
|
Principal
(feet)
|
Accessory
(feet)
|
|---|---|---|
|
Front
|
50
|
Not permitted in front yard
|
|
Side
|
50
|
35
|
|
Rear
|
50
|
35
|
(3)
Maximum lot coverage: 20%.
(6)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(7)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(8)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(10)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(11)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(12)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent:
(1)
This zone represents staged future growth areas of East Hempfield
Township that are not yet needed for development. The locations of
these zones coincide with large concentrations of farming amid the
Township's "urban growth area" landscape. Because of the need to stage
development within the Township, areas within this zone are intended
to be kept in "holding" and subject to less intensive development
until such time as other more suitable sites are developed and until
such time as the Township determines there is a need to rezone to
a more intensive use.
(2)
Although public utilities exist, or are expected within these
areas, their use will not increase potential development intensity.
Rather, strict density limitations will be imposed on the Agriculture
Holding Zones that provide for reasonable use of the land, yet provide
disincentive for premature development.
B.
Permitted uses: The following are uses permitted by right, subject
to all other applicable standards of this chapter, including but not
limited to specific use provisions in Article 5.
(4)
Civic/social/utility uses:
(a)
Municipal use.
(b)
Park and recreation facilities, private and/or commercial.
(c)
Park and recreation facilities, public.
(d)
Public use.
(e)
Public utilities.
(f)
WF collocations and ROW WF collocations.
[Added 7-15-2020 by Ord. No. 2020-03]
(g)
ROW WFs, ROW small cell WFs, municipal property WFs, municipal property
small cell WFs, and municipal property macrocell WFs.
[Added 7-15-2020 by Ord. No. 2020-03]
(5)
Accessory uses customarily incidental to the above permitted
uses:
D.
E.
Design standards (see also Article 4 for modifications and exceptions):
(1)
(2)
Minimum setbacks for principal uses, accessory uses, and accessory
dwelling units:
|
Setback
|
Principal
(feet)
|
Accessory
(feet)
|
Accessory Dwelling
(feet)
|
|---|---|---|---|
|
Front
|
30
|
Not permitted in front yard
|
30
|
|
Side
|
15
|
5
|
15
|
|
Rear
|
30
|
5
|
30
|
(4)
Maximum lot width: 100 feet.
(7)
Off-street loading: Off-street loading shall be provided as
specified in Article 8 of this chapter.
(8)
Agricultural setback requirements: See regulations in Article
4.
(9)
Agricultural disclaimer: See regulations in Article 4.
(10)
Off-street parking: Off-street parking shall be provided as
specified in Article 8 of this chapter.
(11)
Signs: Signs shall be permitted as specified in Article 7 of
this chapter.
(13)
Screening: A visual screen must be provided along any adjoining
lands within any of the residential zones, regardless of whether or
not the residentially zoned parcel is developed. (See Article 4 of
this chapter.)
(14)
Landscaping: Any portion of the site not used for buildings,
structures, parking lots, loading areas, outdoor storage areas, and
sidewalks shall be maintained with a vegetative ground cover and other
ornamental plantings. (See Article 4 of this chapter.)
(15)
Public sewer and water: All uses in this zone shall connect
to public sewer and water facilities unless it is shown by a professional
engineer and approved by the appropriate authority that such connection
is not feasible.
(16)
Waste products: Dumpsters may be permitted in accordance with
the provisions of Article 4 of this chapter.
(17)
All uses (except public uses) permitted within this zone shall
also comply with the general provisions contained within Article 4
of this chapter.
A.
Statement of intent: The purpose of this zone is to define the area
that is utilized for major transportation corridors. The only buildings
or other structures permitted within this zone shall be limited to
those that are needed for the transportation facilities located within
the right-of-way. These areas are good locations for public infrastructure
and associated facilities.
C.
Design standards: Within this zone, the design standards shall be
limited to those standards that are required by the state and federal
agencies that regulate the facilities located within this zone.
A.
Statement of intent: The purpose of this section is to create an
airport hazard area overlay zone that considers safety issues around
the Lancaster County Airport (Airport); regulates and restricts the
heights of constructed structures and objects of natural growth; creates
appropriate zones, establishing the boundaries thereof and providing
for changes in the restrictions and boundaries of such zones; creates
the permitting process for use within said zones; and provides for
enforcement, assessment of violation penalties, an appeals process
and judicial review.
B.
Relation to other zones: This zone shall not modify the boundaries
of any underlying zone. Where identified, the overlay shall impose
certain requirements on land use and construction in addition to those
contained in the underlying zone.
C.
Establishment of airport zones: There are hereby created and established
certain zones herein, defined in the previous section and illustrated
on the Township Zoning Map herein.
D.
Permit applications: As regulated by Act 164[1] and defined by 14 CFR 77.13(a), any person who plans to
erect a new structure, to add to an existing structure, or to erect
and maintain any object (natural or man-made) in the vicinity of the
airport with a total height, including all appurtenances, of over
50 feet, shall first notify the Department's Bureau of Aviation (BOA)
by submitting PennDOT Form AV-57 to obtain an obstruction review of
the proposal at least 30 days prior to commencement thereof. The Department's
BOA response must be included with this permit application for it
to be considered complete. If the Department's BOA returns a determination
of no penetration of airspace, the permit request should be considered
in compliance with the intent herein. If the Department's BOA returns
a determination of a penetration of airspace, the permit shall be
denied, and the project sponsor may seek a variance from such regulations
as outlined in the next section. No permit is required to make maintenance
repairs to, or to replace parts of, existing structures which do not
enlarge or increase the height of an existing structure.
[1]
Editor's Note: See 74 Pa. C.S.A. § 5101 et seq.
E.
Variance.
(1)
Any request for a variance shall include documentation in compliance
with 14 CFR 77, Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the Federal Aviation Administration (FAA) and the Department's
BOA as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable air space. In
particular, the request for a variance shall consider which of the
following categories the FAA has placed the proposed construction
in:
(a)
No objection: The subject construction is determined not to
exceed obstruction standards and marking/lighting is not required
to mitigate potential hazard. Under this determination, a variance
shall be granted.
(b)
Conditional determination: The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection H, Obstruction marking and lighting.
(c)
Objectionable: The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
(2)
Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the intent herein.
F.
Use restrictions: Notwithstanding any other provisions herein, no
use shall be made of land or water within this overlay zone in such
a manner as to create electrical interference with navigational signals
or radio communications between the airport and aircraft; make it
difficult for pilots to distinguish between airport lights and others;
impair visibility in the vicinity of the airport; or create bird strike
hazards or otherwise endanger or interfere with the landing, takeoff
or maneuvering of aircraft utilizing the airport.
G.
Preexisting nonconforming uses: The regulations prescribed herein
shall not be construed to require the removal, lowering or other change
or alteration of any structure or tree not conforming to the regulations
as of their effective date, or otherwise interfere with the continuance
of a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to provisions
of the underlying zone) may only be reestablished consistent with
the provisions herein.
H.
Obstructing marking and lighting: Any permit or variance granted
pursuant to the provisions herein may be conditioned according to
the process described herein to require the owner of the structure
or object of natural growth in question to permit the Township, at
its own expense, or require the person requesting the permit or variance,
to install, operate and maintain such marking or lighting as deemed
necessary to assure both ground and air safety.
I.
Violations and penalties; appeals: Violations and penalties, and appeals, shall be in accordance with the provisions of Article 9, Administration and Enforcement.
J.
Conflicting regulations: Where there exists a conflict between any
of the regulations or limitations prescribed herein and any other
regulation applicable to the same area, the more stringent limitation
or requirement shall govern and prevail.
K.
Severability: If any of the provisions herein, or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications herein which can
be given effect without the invalid provision or application; and,
to this end, the provisions herein are declared to be severable.
A.
Statement of intent: The establishment of this zone is intended to
mandate the preservation of existing greenways through land conservation.
The objective of the zone is to promote the conservation, recreation
and natural resource protection goals and objectives of the East Hempfield
Township Comprehensive Plan Update, as amended; incrementally preserve
existing greenways; encourage the establishment of greenway and recreation
areas as housing and business development occurs; provide for reasonably
safe and convenient pedestrian, bicycle and vehicle circulation, with
an emphasis on connecting residential and recreational areas; and
preserve rural characteristics through the permanent preservation
of meaningful open space and sensitive natural resources.
B.
Relation to other zones: This overlay zone shall not modify the boundaries
of any underlying zone. Where identified, the overlay shall impose
certain requirements on land use and construction in addition to those
contained in the underlying zone.
D.
Design standards:
(1)
Corridor width: The corridor shall include the one-hundred-year
floodplain areas along creek corridors as shown on the zoning map.
Where the calculated one-hundred-year floodplain had not been prepared,
a minimum width of 35 feet measured from the top of the bank shall
be used.
(2)
(3)
The area within this zone shall be kept free from invasive species,
yard waste, loose topsoil piles, and grass clippings.
(4)
New developments shall be required to develop this area in accordance
with riparian buffer standards found in the East Hempfield Township
Subdivision and Land Development Ordinance, as amended.
(Reserved)
[Amended 3-2-2016 by Ord.
No. 2016-01]
The rights and responsibilities involving land within the floodplain
area as set forth in the Flood Insurance Rate Map for the Township
of East Hempfield are addressed in a separate ordinance adopted on
or about the date of this section, as amended from time to time hereafter,
entitled “An Ordinance Requiring All Persons, Partnerships,
Businesses and Corporations to Obtain a Permit for Any Construction
or Development; Providing for the Issuance of Such Permits; Setting
Forth Certain Minimum Requirements for New Construction and Development
Within Areas of the Township of East Hempfield Which are Subject to
Flooding; and Establishing Penalties for Any Persons who Fail, or
Refuse to Comply With, the Requirements or Provisions of this Ordinance.”[1]
