Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this ordinance to have the meaning indicated
in this article. The present tense includes the future, the singular
number includes the plural, and the plural the singular, the masculine
gender includes the feminine and neuter.
As used in this chapter, the following terms shall have the
meanings indicated:
A use subordinate to the principal use of land or of a building
on a lot and customarily incidental thereto.
The entire area of a tract exclusive of existing public rights-of-way
whether interior or exterior but including interior parking areas
and access lanes, sidewalks, parks, playgrounds, and common open space.
The actual area proposed for residential development exclusive
of existing and proposed rights-of-way, common open space, streets,
sidewalks, parks, playgrounds, and other nonresidential uses.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, 53 P.S. § 10101, et seq.
Land (and water) subject to open pit mining operations, related
aggregate processing, and other mining activities on an on-going basis,
including but not necessarily limited to all areas of excavation,
spoil, overburden or top soil deposition, and related aggregate processing,
offices, maintenance garages, and other mining operation structures
and facilities, employee parking areas, scales, laydown areas, staging
areas, haul roads, access roads, and sedimentation ponds. Land lying
in wait of planned mining activities is considered part of the active
area of mining except when such operation is approved subject to a
phasing schedule, and such land lies within an area subject to a later
phase.
The Americans With Disabilities Act and all federal regulations
promulgated pursuant thereto.
Land or water within 1,000 linear feet of an area subject
to an open pit mine conditional use application or conditional use
approval.
An establishment having as a substantial and significant
portion of its stock in trade (i) books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas and/or (ii) sexually oriented devices,
or an establishment with a segment or section devoted to the sale
or display of such publications or devices.
An adult bookstore, adult mini motion picture theater, adult
motion picture theater or massage establishment.
An enclosed building with a capacity for less than 50 persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An establishment featuring live performances on a regular
basis which are distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas.
The cultivation of the soil and the raising and harvesting
of the products of the soil including, but not by way of limitation,
raising of grains, vegetables and fruits; nurserying; horticulture;
forestry; beekeeping; and animal husbandry of common domestic animals
and birds such as cows, sheep, hogs, goats, rabbits, chickens, ducks,
turkeys, pigeons and of other animals and birds including llamas,
alpacas, emus, rheas, and similar nonpredatory animals and birds.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, joists or rafters,
or enclosure walls.
The process in which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas.
[Added 8-3-2010 by Ord.
No. 4-10]
The American National Standards Institute.
[Added 8-3-2010 by Ord.
No. 4-10]
The visible, functional, or ornamental objects accessory
to and part of buildings.
[Added 8-3-2010 by Ord.
No. 4-10]
The Air-Conditioning and Refrigeration Institute.
[Added 8-3-2010 by Ord.
No. 4-10]
The American Society for Testing and Materials (ASTM).
[Added 8-3-2010 by Ord.
No. 4-10]
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 33 1/3% of the perimeter
walls extend five feet or more above grade and if the net area of
the door or window openings in the exterior walls is at least equal
to 10% of the enclosed floor area.
An establishment which is accessory to an owner-occupied
single-family detached dwelling, which establishment consists of bedrooms
rented to overnight guests on a daily basis not exceeding one week
where breakfast is the only meal offered and where such meal is offered
only to registered guests.
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of anaerobic digestion
processes.
[Added 8-3-2010 by Ord.
No. 4-10]
An area of land bounded by streets.
The Board of Supervisors of West Hempfield Township, except
where otherwise specified as the Zoning Hearing Board.
Any structure with a roof intended for shelter or enclosure
of persons, animals or property.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
The Township Uniform Construction Code Ordinance, codified as Chapter 51 of the Code of Ordinances, as amended.
[Added 8-3-2010 by Ord.
No. 4-10]
A building's vertical measurement from the mean level of
the ground abutting the building at its corners to the highest point
of the roof.
The actual line of that face of the building nearest an adjacent
right-of-way or street line. This face includes sun parlors and covered
porches, whether enclosed or unenclosed, but does not include steps.
A single, integrated development consisting of industrial
uses with accessory commercial uses and having integrated traffic
circulation, parking, stormwater management, landscaping and other
facilities.
One or more lots of record proposed to be developed with
a single business campus. The lot or lots comprising a business campus
site may be held by more than one landowner, but all such lot or lots
site shall be included in a single preliminary and/or land development
plan to be considered a business campus site and to be eligible for
development under the Business Campus Overlay District regulations.
A lot, tract, or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents. Permanent residency
is prohibited.
A plot of ground within a campground intended for occupation
by a recreational vehicle or tent.
The surface of a street or alley available for vehicular
traffic.
Land used or intended to be used for the burial of the deceased,
including columbariums, crematory, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries.
A certificate issued and enforced by the Zoning Officer upon
completion of the construction of a new building or upon a change
or conversion of the structure or use of a building, which certifies
that all requirements and regulations as provided herein, and within
all other applicable requirements, have been complied with.
A building used for public worship and education by a congregation,
excluding buildings used exclusively for residential, burial, recreational,
or other uses not normally associated with worship.
Natural wood that has been seasoned to reduce its water content
and provide more efficient combustion. The term "clean wood" does
not include wood:
[Added 8-3-2010 by Ord.
No. 4-10]
Coated with paint, stain, oil, resin or any other preservative,
fire retardant or decorative materials;
Impregnated with preservatives or fire retardants;
Exposed to salt water; nor
Manufactured with the use of adhesives, polymers or resins,
such as strand, particle and veneer lumber and recycled lumber.
A place where medical specialists practice as a group.
A building utilized as a private club offering restaurant
and/or bar privileges.
An incorporated membership club or unincorporated association
catering exclusively to members and their guests, not conducted primarily
as a business enterprise.
A reception and transmission tower intended for transmitting
or receiving radio, television, telephone or digital communications.
For purposes of this ordinance the term "community utility"
shall refer to a building, structure or use or extension thereof which
is operated, owned or maintained by a public utility corporation,
municipality or municipal authority or which is privately owned and
approved by the Pennsylvania Public Utility Commission for the purpose
of providing public sewage disposal and/or treatment; public water
supply, storage and/or treatment; or for the purpose of providing
the transmission of energy or telephone service.
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain localities within
the district only when specific conditions and factors prescribed
for such cases within this ordinance are present. Conditional uses
are allowed or denied by the Board of Supervisors after recommendations
by the Planning Commission.
A facility which provides a range of lodging facilities,
meeting rooms, restaurant facilities, and recreational facilities
including but not limited to swimming pools, golf courses, health
club facilities, and similar amenities for overnight guests or persons
who attend meetings during the business day.
The Lancaster County Conservation District or any agency
successor thereto.
[Added 3-1-2016 by Ord.
No. 1-16]
Offices and shops for tradesmen, such as building, cement,
electrical, plumbing, masonry, painting, roofing, landscapers, excavators
and any similar professional or licensed contractor.
Premises or buildings for social, recreational and administrative
purposes by an organization catering exclusively to members and their
guests. A country club shall not include restaurants, golf courses,
or other facilities open to the general public.
The Pennsylvania Department of Community and Economic Development
or any agency successor thereto.
[Added 3-1-2016 by Ord.
No. 1-16]
A term used to express the allowable number of dwelling units
per acre of land.
DENSITY, NETThe number of dwelling units per net acre.
DENSITY, GROSSThe number of dwelling units per gross acre.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, formerly known as the Department of Environmental
Resources, or any agency successor thereto.
A disability of a person which has continued or can be expected
to continue indefinitely, which disability is attributable to mental
retardation, cerebral palsy, epilepsy or autism; is found to be attributable
to any other condition found to be closely related to mental retardation
because such condition results in similar impairment of general intellectual
functioning or adaptive behavior to that of mentally retarded persons
or requires treatment and services similar to those required for such
persons; or is attributable to dyslexia resulting from such disability.
A person with a developmental disability.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "multiple
dwelling," "two-family dwelling," or "dwelling group" shall not be
deemed to include a motel, rooming house, tourist home or hotel.
A room or rooms within a building connected together, constituting
a separate, independent housekeeping establishment for one family
only, for owner occupancy or for rental, lease, or other occupancy
on a weekly or longer basis, physically separated from any other rooms
or dwelling units, and containing independent bathroom, cooking and
sleeping facilities. Dwelling types:
GARDEN APARTMENTA multifamily dwelling of up to three stories in height designed for rental or condominium ownership of the housekeeping unit.
MULTIPLE-FAMILY DWELLINGThree or more dwellings each accommodating one family with one or more families living wholly or partly over another or other units.
QUADRAPLEXA building containing four dwellings, each sharing two common party walls and forming the corner of a square.
RESIDENTIAL CONVERSION UNITA building which has been altered to accommodate one or more dwelling units provided that such alteration is confined to the interior of an already existing structural shell and that such alteration may not include an extension of the sides or an increase in the height of an existing structure.
SINGLE-FAMILY ATTACHED (TOWNHOUSE)Three or more dwelling units each accommodating one family which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit.
SINGLE-FAMILY DETACHEDA dwelling unit accommodating a single family and having two side yards.
SINGLE-FAMILY SEMIDETACHEDTwo dwelling units each accommodating one family which are attached side by side through the use of a party wall and each dwelling unit having one side yard.
TWO-FAMILY DETACHEDTwo dwelling units each accommodating one family which are located one over the other, having two side yards.
Any form of restaurant and/or tavern open to the public and
dispensing food and drink.
An additional dwelling unit created by the addition to or
conversion of an existing principal dwelling or by the placement of
a mobile home on a property containing an existing dwelling, for occupancy
by persons related by blood, marriage, or adoption to the occupants
of the principal dwelling, also called an elder cottage.
The United States Environmental Protection Agency or any
agency successor thereto.
[Added 8-3-2010 by Ord.
No. 4-10]
A commercial business that offers active recreation and fitness
activities and equipment for use of club members and their guests.
The United States Federal Aviation Administration or any
agency successor thereto.
[Added 8-3-2010 by Ord.
No. 4-10]
A single individual or two or more persons related by blood,
marriage or adoption (including persons receiving foster care) within
the degree of first cousins, or a group of not more than three persons
who are unrelated, or any number of unrelated persons who reside within
a licensed group home, as defined herein. It is the express intention
of this definition to comply with the provisions of the Fair Housing
Amendments Act of 1988, P.L. 100-430.
Any premises other than a child's own home, operated for
profit or not-for-profit, in which child day care is provided at any
one time to four, five or six children who are not relatives of the
caregiver.
Any building used for storing agricultural equipment or farm
produce, or housing livestock or poultry. The term "farm building"
shall not include dwellings.
The Federal Emergency Management Agency or any agency successor
thereto.
[Added 3-1-2016 by Ord.
No. 1-16]
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls intended and designed for the conduct
of a business or use.
The sum of the floor areas of a dwelling unit as measured
to the outside surfaces of exterior walls and including all rooms
used for habitation, such as living room, dining room, kitchen, bedroom,
bathroom, closets, hallways, stairways, but not including cellars,
basements, attics, or service rooms or areas such as utility rooms,
nor unheated areas such as enclosed porches.
An accessory building for the storage of one or more automobiles
and/or other vehicles accessory and incidental to the primary residential
use of the premises; provided, however, that one commercial vehicle
of not more than one-ton capacity may be stored therein where the
use of such vehicle is not incidental to the use of the premises.
No business, occupation or service shall be conducted therein, nor
more than one vehicle parking space be leased to a nonoccupant of
the premises. Where a garage is attached, integral part of a dwelling
unit, the garage shall not be counted as floor area unless it is constructed
or modified into a habitable room by the removal of all vehicular
access doors and provided adequate off-street parking is still available
on the same lot as the dwelling unit.
A building where motor vehicles are repaired, rebuilt, reconstructed,
painted or stored, for compensation.
[Added 8-3-2010 by Ord. No. 4-10]
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
OPEN LOOP GEOTHERMAL SYSTEMWater is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the Earth is then pumped back into the ground through a different well or in some cases the same well, also known as "re-injection." Alternatively, the groundwater could be discharged to a surface water body, also known as a "pump and dump." In the heating mode, cooler water is returned to the Earth, and in the cooling mode, warmer water is returned to the surface water body or well.
A tract designed and improved for the playing of golf, with
a minimum of 2,800 yards of play in nine holes, not including any
driving ranges, "chip-n'putt," or miniature golf courses. A golf course
may include accessory uses such as a club house and golf equipment
shop provided that these uses are clearly incidental and subordinate
to the use of the property as a golf course and are not directed primarily
toward the general public.
A building constructed chiefly of glass, in which the temperature
is maintained within a desired range for the purpose of growing plants.
A dwelling operated by a reasonably responsible individual,
family or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the care of developmentally
disabled persons. "Group homes" shall be licensed where required by
an appropriate governmental agency, and a copy of such license must
be delivered to the Township prior to the beginning of such use. Group
homes shall be subject to the same limitations and regulations by
the Township as a single-family dwelling. It is the express intent
of this definition to comply with the requirements of the Fair Housing
Amendments Act of 1988, P.L. 100-430.
Any building used as living quarters for four or more unrelated
persons other than a group home as defined herein.
Roads that are planned, designed, located, constructed, utilized
and maintained for the life of the open pit mining activities for
the transportation of equipment, fuel, personnel, non-coal and other
operating resources from a public highway or common use road to points
within the open pit mine or between principal operations on the mine
site, or both. This term does not include roads within the pit.
The face of exposed overburden and mineral in an open cut
of an open pit mining operation.
Any structure, site or location designated as historic in
the 2002 Comprehensive Plan Update adopted by the Township.
A business or commercial activity other than a no-impact
home-based business that is conducted as an accessory use to a single-family
detached dwelling.
Any commercial operation or other operation (not customarily
associated with a farm) involving the boarding, breeding or grooming
of one or more horses.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care.
An establishment which is open to transient guests and in
which lodging with or without meals is offered for compensation and
in which there are sleeping accommodations for more than 10 individuals.
The International Ground Source Heat Pump Association.
[Added 8-3-2010 by Ord.
No. 4-10]
A system of piping, tanks, or other facilities serving a
single lot and collecting and disposing of sewage in whole or in part
into the soil or into any waters of the commonwealth or by means of
conveyance to another site for final disposal and which is approved
by the Pennsylvania Department of Environmental Resources.
A building and grounds, a portion of which is used for the
residence of more than four unrelated persons who occupy the buildings
for a common purpose; to include hospitals, rehabilitation facilities,
convents, school dormitories, college campuses, nursing homes, the
educational, administrative and recreational facilities of such organizations
as the YMCA, YWCA, Boy Scouts, and Girl Scouts.
Non-native, non-indigenous alien trees, shrubs, vines or
herbaceous species that have a tendency to spread and overcome or
kill native or indigenous vegetation. Species include, but are not
limited to, Multiflora rose (Rosa Multiflora), Autumn olive (Eleagnus
umbellata), Japanese honeysuckle (Locicera japonica), Oriental bittersweet
(Celastrus orbiculatus), Norway maple (Acer platanoides), and Mile-a-minute
weed (Polygonum perforliatum).
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including, but not limited to, waste paper, rags, metal,
building material, house furnishings, machinery, vehicles, or parts
thereof, with or without the dismantling, processing, salvage, sale,
or other use or disposition of the same. The deposit or storage on
a lot of two or more unlicensed, wrecked, or disabled vehicles, or
the major part thereof, shall be deemed to constitute a "junkyard."
Any commercial operation (not customarily associated with
a farm) involving the boarding, breeding, grooming or sales of dogs,
cats, or other animals.
The area of a lot that is maintained in a pervious surface
condition containing plant, trees, and vegetative ground cover.
A completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and a high-level
screen.
A manure digester principally used to convert biogas into
electricity, heat, and water. Large manure digesters accept livestock
and poultry manure (primary catalyst), generated off-site or from
more than one farm. Large manure digesters may include "co-digestion"
in which the livestock and poultry manure (primary catalyst) may be
mixed with other organic materials (secondary catalysts).
[Added 8-3-2010 by Ord.
No. 4-10]
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy. Large solar energy production facilities consist
of one or more freestanding ground- or roof-mounted solar collector
devices, solar related equipment and other accessory structures and
buildings including light reflectors, concentrators, and heat exchangers,
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities. A facility is considered a
large solar energy production facility if it supplies electrical or
thermal power solely for off-site use.
[Added 8-3-2010 by Ord.
No. 4-10]
An area of land or other area used for a wind energy conversion
system principally used to capture wind energy and convert it to electrical
energy. Large wind energy production facilities consist of one or
more wind turbines, tower, and associated control or conversion electronics
and other accessory structures and buildings including substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities. A facility is considered a large wind energy
production facility if it supplies electrical power solely for off-site
use.
[Added 8-3-2010 by Ord.
No. 4-10]
A piece, parcel or plot of land occupied or to be occupied
by one or more principal buildings and accessory buildings, including
the open spaces required under this ordinance, or to be used for agriculture
or held as open space. A "lot" includes one or more adjacent pieces,
parcels or plots of land of record held in single and separate ownership,
including adjacent pieces, parcels or plots bisected by public or
private streets. The area and depth of a lot shall be measured to
the legal right-of-way line of the street.
The area of land included within the title lines of a lot
except that area within the title lines set aside as right-of-way
for a street.
The area of land within a lot occupied by buildings and structures.
A function involving either the processing or production
of materials, goods, or products.
A facility which main purpose is to use anaerobic digestion
processes to convert livestock and poultry manure (primary catalyst)
into biogas, which is generally burned on-site to produce electricity,
heat, and water; as well as to manage livestock and poultry manure.
Manure digesters may include "co-digestion" in which the livestock
and poultry manure (primary catalyst) may be mixed with other organic
materials (secondary catalysts). Types of manure digesters include
covered anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant sites, structures
and buildings, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
[Added 8-3-2010 by Ord.
No. 4-10]
The manipulation of body muscle or tissue by rubbing, stroking,
kneading or tapping by hand or mechanical device, or other means.
An establishment which provides the service of massage, unless
operated by a medical practitioner, chiropractor or other professional
physical therapist licensed by the commonwealth. This definition does
not include an athletic club, health club, school, gymnasium, reducing
salon, spa or similar establishment where massage or similar manipulation
of the human body is offered as an incidental or accessory service.
Actions covered under a Township-approved reclamation plan
taken to reclaim or restore the area affected by open pit mining activities.
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. The storage units within a miniwarehouse
shall be used solely for dead storage and no nonstorage uses shall
be permitted. Outdoor storage of motor vehicles, recreational vehicles,
boats and similar items may also be permitted as a part of a miniwarehouse.
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A hotel primarily for transients traveling by motor vehicles
with a parking space for each lodging unit and with access to each
unit directly from the outside.
A vehicle intended to be self-propelled that shall not be
operable under its own power for any reason or a vehicle without a
valid current registration plate or valid current certificate of inspection.
The Pennsylvania Municipalities Planning Code ("MPC"), Act
of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53
P.S. § 10101 et seq., and as subsequently amended.
Any use by West Hempfield Township or a municipal authority
created singly by West Hempfield Township for the public health, safety,
and welfare, which shall include administration, police, fire, recreation,
and public work uses.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pick-up, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
all of the following requirements:
|
1.
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The business activity shall be compatible with the residential
use of the property and surrounding residences.
|
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2.
|
The business shall employ no employees other than family members
residing in the dwelling.
|
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3.
|
There shall be no display or sale of retail goods or stockpiling
or inventory of substantial nature.
|
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4.
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There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
|
|
5.
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The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
|
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6.
|
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
|
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7.
|
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
|
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8.
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The business may not involve any illegal activities.
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A lot held in single and separate ownership which does not
conform to one or more of the applicable area regulations in the district
in which it is located.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
Zoning Ordinance or amendment heretofore or hereinafter enacted, where
such structure lawfully existed prior to the enactment of this ordinance
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this Zoning Ordinance or amendment
heretofore or hereinafter enacted, where such use was lawfully in
existence prior to the enactment of this ordinance or amendment.
A health facility where persons are housed and furnished
with meals and continuing nursing care for compensation.
A place where the primary use is conducting the activities
of a business, profession, service, or government including administration,
recordkeeping, clerical work and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods,
or products; or the sale or delivery of any materials, goods or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A group of offices in which the building or buildings exceed
8,000 square feet of usable floor area and which are planned and designed
as an integrated unit with controlled ingress and egress and off-street
parking provided on the property as an integral part of the unit.
On-site water service is a safe, adequate and healthful supply
of water to a single user from a private well as approved by the proper
regulating agency.
Open pit mining shall include all activity which removes
from the surface or beneath the surface of the land some materials,
mineral, resource, natural resource, or other element of economic
value, by means of mechanical excavation necessary to separate the
desired material from an undesirable one; or to remove the strata
or material which overlies or is above the desired material in its
natural condition and position. Open pit mining includes, but is not
limited to, the excavation necessary to the extraction of sand, gravel,
topsoil, limestone, sandstone, coal, clay, shale, and iron ore. Quarries,
surface mining, and borrow or strip mining are considered forms of
open pit mining for the purpose of this ordinance.
A fuel-burning device, also known as an "outdoor wood-fired
boiler," "outdoor wood-fired furnace," and "outdoor wood-burning appliance,"
designed:
[Added 8-3-2010 by Ord.
No. 4-10]
To burn clean wood or other fuels specifically tested and listed
for use by the manufacturer;
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., garages); and
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture.
The strata or material overlying a noncoal deposit or in
between noncoal deposits in its natural state and material before
or after its removal by open pit mining.
When used in determining the permissible number of lots which
may be subdivided or dwelling units or other principal nonagricultural
uses which may be erected in the Rural Agricultural district (formerly
known as the Rural District), all contiguous land held in single and
separate ownership, regardless of whether:
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1.
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Such land is divided into one or more lots, parcels, purparts
or tracts;
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2.
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Such land was acquired by the landowner at different times or
by different deeds, devise, partition or otherwise; or
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3.
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Such land is bisected by public or private streets or rights-of-way,
which were held by the landowner or his predecessor in title on March
14, 1978, or, if such land was not classified as Rural District on
March 14, 1978, which was held by the landowner or his predecessor
in title on the date such land was first classified as Rural District
or Rural Agricultural District after March 14, 1978.
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When required under this ordinance, that amount of land required
for the location of adequate parking space, driveways, or other access
roads. In the computation of such, the actual building area shall
be excluded.
The Department of Transportation of the Commonwealth of Pennsylvania.
Includes an individual, corporation, partnership, incorporator's
association, or any other similar entity.
A building or portion of a building in which the services
of a person practicing a specific profession or services which are
offered to the general public. Examples of such uses include agents,
barbers, beauticians, cleaners, doctors, lawyers, optometrists, photographers,
tailors, and undertakers.
An outdoor hydronic heater that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British Thermal Units (BTU) output and is labeled
accordingly, with a white "hang" tag.
[Added 8-3-2010 by Ord.
No. 4-10]
The multiple use of a single property for a group of stores
planned and designed as an integrated unit with controlled ingress
and egress and off-street parking provided on the property as an integral
part of the unit.
The Planning Commission of West Hempfield Township.
A legally established right-of-way other than a public street
which provides the primary vehicular access to a lot.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
[Added 8-3-2010 by Ord.
No. 4-10]
A building or portion of a building in which services are
offered by a person practicing a profession for which a license with
a governmental agency is required.
A system providing sanitary sewage collection and/or disposal
for two or more lots (or a multifamily land development such as an
apartment house or a mobile home park or where two or more dwelling
units exist on one lot) which is owned and operated by a municipality
or a municipal authority. Under special circumstances, a public sewer
system may be owned and operated by a person or entity other than
a municipality or a municipal authority, if such system is authorized
by the Board of Supervisors of the Township and conforms strictly
with all applicable laws and regulations and all reasonable conditions
imposed by the supervisors.
A system providing potable water to two or more lots (or
a multifamily land development such as an apartment house or a mobile
home park or where two or more dwelling units exist on one lot) which
is owned and operated by a municipality or a municipal authority.
Under special circumstances, a public water system may be owned and
operated by a person or entity other than a municipality or municipal
authority if such system is authorized by the Board of Supervisors
of the Township and conforms strictly with all applicable laws and
regulations and all reasonable conditions imposed by the supervisors.
Facilities which may be used for leisure time activities,
which activities may be either active or passive. The term recreation
facility shall not include any adult use. When allowed as a principal
use, the term recreation facility shall not include any other principal
use, including but not limited to exercise and health club or golf
course, which is specifically defined in this section. An indoor recreation
facility may include an amusement arcade and/or pinball machines,
video games, coin-operated games, video gaming terminals, and/or similar
games, machines and terminals whether of skill or of chance.
[Amended 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
Utilization of extracted resources for the production of
various grades or types of stone, or the production of mixed concrete,
or concrete components, often consisting of mechanical rock crushers,
sorters, conveyors, storage and dispensing facilities, storage tanks,
and other necessary materials.
A designation given a road in accordance with its function
as a carrier of traffic and from which specific setback distances
are provided in this ordinance apply. Road classifications are set
forth in § 709 of this ordinance. For the purpose of this
ordinance, the following three classifications shall apply:
ARTERIALA road whose function is to provide for high volumes of traffic between communities.
COLLECTORA road whose function is to provide for the movement of traffic to community facilities and carry larger volumes of traffic to the arterial road system.
LOCALA road whose function is to provide for local traffic movement and direct access to abutting properties.
A primary sediment control structure, including, but not
limited to, a barrier, dam or excavated depression which details water
runoff to allow sediment to settle out.
A line established by this ordinance with respect to road
classifications which is parallel to the street line bounding an area
within which no structure, portion thereof, or appurtenance thereto
shall be located.
Without limitation, any artificial or simulated specified
anatomical area or other device or paraphernalia that is designed
in whole or in part for specified sexual activities.
A device for visual communication that is used to bring the
subject to the attention of the public. Signs do include lettering,
logos, trademarks, or other symbols which are an integral part of
the architectural design of a building, which are applied to a building,
or which are located elsewhere on the premises; signs affixed to windows
or glass doors or otherwise internally mounted such that they are
obviously intended to be seen and understood by vehicular or pedestrian
traffic outside the building; flags and insignia of civic, charitable,
religious, fraternal, patriotic, or similar organizations; insignia
of governments or government agencies; banners, streamers, pennants,
spinners, reflectors, ribbons, tinsel, and similar materials; and
inflatable objects. Signs do not include architectural features which
may be identified with a particular business; signs within a building
which are obviously intended to be seen primarily from within the
building; flags of governments, government agencies; and display of
merchandise either behind store windows or outdoors. Further definitions
of types of signs are set forth in § 708 herein.
The plan entitled "Village Master Plan, Silver Spring Village,
West Hempfield Township," which may be adopted and amended from time
to time by the Board of Supervisors and which graphically and generally
displays the desired transportation, land use, street scape, environmental
protection, park and recreation, and other amenities for the Village
of Silver Spring within the Township, which shall be maintained at
the Township Offices.
A manure digester used to convert biogas into electricity,
heat, and water and is intended to primarily reduce on-site consumption
of utility power. A system is considered a small manure digester only
if it supplies electrical or thermal power for on-site use, except
that when a property upon which the facility is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. Small manure digesters use livestock and poultry
manure generated on-site from one farm, and are designed and intended
solely to generate power to off-set utility costs. Small manure digesters
may include "co-digestion" in which the livestock and poultry manure
(primary catalyst) may be mixed with other organic materials (secondary
catalysts).
[Added 8-3-2010 by Ord.
No. 4-10]
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collector devices and solar related equipment,
and is intended to primarily reduce on-site consumption of utility
power. A system is considered a small solar energy system only if
it supplies electrical or thermal power solely for on-site use, except
that when a property upon which the facility is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company.
[Added 8-3-2010 by Ord.
No. 4-10]
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, and is intended
to primarily reduce on-site consumption of utility power. A system
is considered a small wind energy system only if it supplies electrical
power solely for on-site use, except that when a parcel on which the
system is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company.
[Added 8-3-2010 by Ord.
No. 4-10]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
[Added 8-3-2010 by Ord.
No. 4-10]
Items including a solar photovoltaic cell, panel, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations used for or intended
to be used for collection of solar energy.
[Added 8-3-2010 by Ord.
No. 4-10]
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any adjoining property.
A use permitted in a particular district by the Zoning Hearing
Board, to occupy or use land and/or a building or structure for a
specific purpose in accordance with this ordinance, when such use
is not permitted by right.
Overburden and reject material that has been removed during
open pit mining operations.
The overburden and reject materials as piled or deposited
during open pit mining operations.
Any vertical structure enclosing a flue(s) that carry off
smoke or exhaust from a furnace or other fuel-burning device, especially
that part of a structure extending above a roof.
[Added 8-3-2010 by Ord.
No. 4-10]
That portion of a building located between the surface of
any floor and the ceiling or roof next above it.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other used or intended to be
used by vehicular traffic or pedestrians whether public or private.
The center of the surveyed street right-of-way, or, where
not surveyed, the center of the traveled cartway.
A street line is the right-of-way line of a public street
or the cartway line of a private street.
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
A structure associated with an accessory use to a principal
use on the same lot, e.g., swimming pools, patios, antennas, tennis
courts, garages, utility sheds, etc.
A structure associated with primary use.
PRIVATEAny reasonable permanent pool or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
PUBLICA public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
West Hempfield Township.
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
[Added 8-3-2010 by Ord.
No. 4-10]
The Urban Growth Boundary adopted by the Board of Supervisors
as part of the Township Comprehensive Plan and as amended from time
to time.
A small building designed primarily for the storage of yard
and garden equipment, bicycles, and miscellaneous household items
incidental to a dwelling and of the type customarily made of prefabricated
materials, purchased, assembled and erected by the property owner.
A waiver, granted by the Zoning Hearing Board, from the terms
and conditions of this ordinance where literal enforcement would create
unnecessary hardship and when granting of the waiver would not be
contrary to the public interest.
A building used for the sale of, hire of, or remuneration
from automotive equipment. This shall be interpreted to include auto
accessory sales rooms but not the sale of junked automotive equipment.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing and minor repairs.
A mechanical or electrical contrivance, terminal, machine
or other device approved by the Pennsylvania Gaming Control Board
that, upon insertion of cash or cash equivalents, is available to
play or operate one or more gambling games, the play of which utilizes
a random number generator and may award a winning player either a
free game or credit that shall only be redeemable for cash or cash
equivalents at a redemption terminal; and/or may utilize video displays;
and/or may use an electronic credit system for receiving wagers and
making payouts that are only redeemable at a redemption terminal.
The term does not include a slot machine operated at a facility licensed
by the Commonwealth, a coin-operated amusement game, or a device regulated
as a "lottery" as defined under the act of August 26, 1971 (P.L. 351,
No. 91), known as the State Lottery Law.[1]
[Added 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. The term includes, but is
not limited to, wetland areas listed in the State Water Plan, the
United States Forest ServiceWetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan, and any area designated
as a wetland by the United States Army Corps of Engineers or a river
basin commission.
A wind-driven direct-current generator used for charging
storage batteries.
[Added 8-3-2010 by Ord.
No. 4-10]
A device such as a wind charger, wind turbine or windmill
and/or other electric generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat, consisting of one or more wind turbine and other structures
and buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
[Added 8-3-2010 by Ord.
No. 4-10]
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower and pad transformer, if any.
[Added 8-3-2010 by Ord.
No. 4-10]
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
[Added 8-3-2010 by Ord.
No. 4-10]
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
[Added 8-3-2010 by Ord.
No. 4-10]
The unobstructed open space around a building or structure
on the same lot.
YARD, FRONTAn open unoccupied space on the same lot with a building or structure, extending the full width of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building or structure and the street right-of-way line; the required setback line from a street right-of-way or street centerline.
YARD, REARAn open unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building or structure projected to the side lines of the lot. The depth of the yard shall be measured between the rear line of the lot and the rear line of the building or structure. A building or structure shall not extend into the required rear yard.
YARD, SIDEAn open unoccupied space on the same lot with the building or structure situated between the building or structure and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or front line shall be deemed a side line. A building or structure shall not extend into the required side yards.
The designation of specified districts within a community
or township, reserving them for certain uses together with limitations
on lot size, heights of structures and other stipulated requirements.
The duly constituted municipal official designated to administer
and enforce this ordinance in accordance with its literal terms.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this ordinance for the zone in which it is
located or is to be located.
[1]
Editor's Note: See 72 P.S. § 3761-101 et seq.
