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CHAPTER 87 HEMPFIELD TOWNSHIP ZONING ORDINANCE 2012 AND ZONING MAP OF PDF

CHAPTER 87 HEMPFIELD TOWNSHIP ZONING ORDINANCE 2012 AND ZONING MAP OF 2012 ARTICLE I - GENERAL PROVISIONS Purpose Short Title When Effective Interpretation and
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CHAPTER 87 HEMPFIELD TOWNSHIP ZONING ORDINANCE 2012 AND ZONING MAP OF 2012 ARTICLE I - GENERAL PROVISIONS Purpose Short Title When Effective Interpretation and Intent Community Development Objectives Relationship to Comprehensive Plan Construal Compliance Pre-emption Repealer ARTICLE II DISTRICTS, USES AND DIMENSIONAL STANDARDS Zoning Districts Established Enumeration of Zoning Districts Zoning Map Boundaries Principal Uses Accessory Uses and Structures Standards for Accessory Uses and Structures Bulk and Area Standards ARTICLE III AGRICULTURAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE V SUBURBAN RESIDENTIAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE VI CORRIDOR RESIDENTIAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE VII VILLAGE RESIDENTIAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE VIII NEIGHBORHOOD COMMERCIAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE IX LOCAL COMMERCIAL DISTRICT (LC) Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE X -- REGIONAL COMMERCIAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE XI LIGHT INDUSTRY DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE XII HEAVY INDUSTRY DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE XIII INSTITUTIONAL DISTRICT Purpose Uses Bulk and Area Standards Supplementary Regulations ARTICLE XIV OVERLAY DISTRICTS Purpose Applicability Enumeration of Overlay Districts ARTICLE XV TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT OVERLAY DISTRICT Intent Purpose; General Design; Conflicting Provisions Definitions Design principles for Town Center Business (TC-B) DISTRICT Design Principles for Town Center Residential (TC-R) DISTRICT Location Schedule of Permitted Uses Bulk Requirements Planning Commission Review of Projects Design Standards General Requirements Architectural Standards Supplemental Regulations for Residential Uses Accessory Apartments Overnight Accommodations Senior Citizens Residential Communities Permitted Uses Additional Application Content Requirements Development in Phases Final Approval ARTICLE XVI BUSINESS TRANSITION OVERLAY Purpose District Boundaries Permitted Uses Special Exceptions Accessory Uses Lot Size Required Yards Building Height Hours of Operation Parking and Driveway Requirements Signage and Lighting Requirements Supplementary Requirements ARTICLE XVII CORRIDOR ENHANCEMENT OVERLAY DISTRICT Purpose District Boundaries Uses Bulk and Area Standards Access Management Requirements Design Standards Planned Shopping Centers Applicability ARTICLE XVIII NATURAL RESOURCE PROTECTION OVERLAY DISTRICT Purpose General Provisions Flood Plain Protection Riparian Buffers WETLANDS ARTICLE XIX CONSERVATION SUBDIVISION DESIGN Purpose and Definitions Applicability Uses Permitted within Conservation Subdivisions Density Determination for Option 1: Cluster Option Density Determination for Option 2: Country Properties Option... 96 Design Standards Greenway Land Requirements for the Cluster Option Greenway Land Requirements for Country Properties Applicability of Public Dedication of Land and Fee-in-Lieu Requirements to Conservation Subdivisions Uses Permitted within Greenway Areas Greenway Design Standards Other Greenway Land Requirements Ownership and Maintenance of Greenway Land and Common Facilities Subdivision and Land Development Ordinance ARTICLE XX SPECIAL PROVISIONS Performance Standards Special standards for multi-family dwellings Model Homes Temporary Businesses and Tents Uses Requiring Land Development Plan Approval Criteria for Approving Land Development Plan Utilities and Essential Services Storage of Garbage, Trash and Recycling ARTICLE XXI PARKING AND LOADING General Off-Street Parking Requirements Size of Parking Spaces Access Aisles, Fire Lanes and Driveways Shared Driveways and Cross Access Between Parking Areas Shared Parking Location of Parking Areas Minimum Standards for Parking Areas Number of Required Parking Spaces Accessible parking requirements Loading and Unloading Requirements ARTICLE XXII SIGN REGULATIONS Purpose Definitions General General Provisions Conformance to Codes Signs in Rights-of-Way Projections Over Streets Traffic Visibility Computation of Frontage Animation, Illumination, Changeable Messages, Electronic Signs and Electronic Message Signs Maintenance, Repair and Removal Obsolete Sign Copy Nonconforming Signs Special Yard Provisions Exempt Signs Prohibited Signs Permits Permits Required Construction Documents Changes to Signs Permit Fees Specific Sign Requirements Identification Signs Wall Signs Free-Standing Signs Directional Signs Temporary Signs Real Estate Signs Development and Construction Signs Special Promotion, Event and Grand Opening Signs Special Event Signs in Public Street Portable Signs Requirements for Specific Sign Types Canopy and Marquee Signs Awning Signs Projecting Signs Under Canopy Signs Roof Signs Window Signs Menu Boards Signs for Development Complexes Master Sign Plan Required Development Complex Sign Compliance with Master Sign Plan Amendments Outdoor Advertising Structures Additional Requirements for Outdoor Advertising Structures ARTICLE XXIII LANDSCAPING AND BUFFERING Purpose General Landscaping Requirements Street Trees Screen Plantings Parking Area Landscaping Buffering Requirements Slope Stabilization Standards Contents of Landscape Plan ARTICLE XXIV TIMBER HARVESTING AND LOGGING Purpose Definitions Permit Requirements General Requirements Use of Township Streets Bonds Required Application Procedures Fee Schedule Insurance Action on Application Inspection; Stop-Work Orders Appeal of Permitting Decisions and Stop-Work Orders Liability Civil Penalty Conflict; Interpretation ARTICLE XXV NONCONFORMING USES, STRUCTURES AND LOTS Purpose Nonconforming Uses Nonconforming Structures Nonconforming Lots Registration ARTICLE XXVI SPECIAL EXCEPTIONS Purpose Procedure for Use by Special Exception General Requirements and Standards for All Special Exceptions Express Standards for Special Exceptions Uses Not Specifically Listed ARTICLE XXVII ZONING HEARING BOARD Membership Removal of Members Organization Expenditures for Services Public Hearings Functions of Board Special Exceptions Time Period for Acting upon Variance and Special Exception Unified Appeals Filing of Appeals with Board Time limitations for filing proceedings Stay of Proceedings ARTICLE XXVIII- ADMINISTRATION AND ENFORCEMENT Appointment of Administration Zoning Permit Zoning Approval for Uses by Special Exception Enforcement Notice Violations and Penalties Additional Remedies ARTICLE XXIX AMENDMENTS Introduction of Amendments Enactment Curative Amendments Content of Public Notice ARTICLE XXX WORD USAGE AND DEFINITIONS Word Usage Definitions ARTICLE I - GENERAL PROVISIONS 1-1. Purpose. This chapter is enacted for the following purposes: to promote the health, safety, morals and general welfare of the inhabitants of the Township by preventing congestion in the streets, securing safety from fire, panic and other dangers, providing adequate light and air, avoiding undue concentration of population, preserving areas of particular scenic value, conserving the value of land and buildings and encouraging the most appropriate use of land Short Title. This chapter shall be known and may be cited as the Hempfield Township Zoning Ordinance of 2012. 1-3. When Effective. This chapter shall take effect five days after passing and upon being signed by the Chairman of the Board of Supervisors, being attested by the Township Secretary Interpretation and Intent. A. In interpreting and applying the provisions of this chapter, it shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of Hempfield Township. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Township, except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the building height or requires larger open spaces than are imposed by such other rules, regulations or ordinances, the provisions of this chapter shall control. B. It is fundamental to the purpose of this chapter to recognize that many existing lots throughout the Township are less adequate than others because of their location or size or odd shape or difficult topography, or any combination of these limitations. A claim of hardship under this chapter, therefore, shall not be allowed on behalf of any lot because the physical characteristics of the lot prevent it from being built upon exactly as in another lot abutting or close to it or in the same zoning district. There can be some alleviation for other lots through variances 8 (minor concessions) granted by the Zoning Hearing Board when special physical conditions make literal enforcement of the regulations either unsatisfactory in the interest of the people at large or actually impossible. It is not this chapter but the physical conditions that prevent a lot from accommodating a type or area or bulk of structure unsuited to it. For typical example, it is not intended that each lot in a multi-family residential district automatically become the prospective site for a multi-family dwelling and use. If a lot in such a district, after provisions of the yards and other open spaces prescribed for its own and adjacent property protection, has a buildable area too small in extent or dimensions for a multifamily dwelling, then the lot may be used under its district regulations for another type of dwelling or structure permitted in that district Community Development Objectives. The community development objectives of the Township, which reflect the Comprehensive Plan, are as follows: A. To promote consistent and compatible land use patterns both within the Township and with adjacent municipalities to preserve suburban residential character and quality of life; B. To preserve sensitive environmental features, scenic views, agricultural areas and prime agricultural land. C. To ensure that the scale, layout and design of new development minimizes negative impacts on surrounding parcels and infrastructure. D. To encourage development of a variety of housing types and densities in safe and affordable neighborhoods with access to services and amenities that meet the needs of residents. E. To support a healthy and aesthetically pleasing environment with clean air, clean water, and development that is sensitive to natural features, preserves scenic views and conserves open space. F. To minimize pollution or disruption of the environment by objectionable noise, vibrations, smoke, fumes, odors, harsh lights, solid wastes and liquid home effluents. G. To promote the establishment of new businesses in the Township to create jobs and increase the tax base. H. To assure that businesses and institutions in the Township provide sufficient and well-designed off-street parking that manages traffic flow safely and effectively and accommodates demand efficiently. I. To create a safe and well-planned traffic circulation pattern that effectively facilitates the movement of goods and people, and promotes good access to 9 neighborhoods, workplaces, shopping destinations, businesses and recreational areas. J. To prevent unsafe construction in floodplain areas. K. To ensure that future growth occurs in suitable areas with stable soils, necessary utilities and sufficient street capacity and access Relationship to Comprehensive Plan. This Zoning Ordinance is adopted to promote an orderly plan of development according to the Comprehensive Plan, including data on existing conditions, the future land use plan, implementation strategies, and with reasonable consideration, among other things, of the existing character of the various areas within the Township and their respective suitability to particular land uses Construal. The provisions of this chapter, as far as they are the same as those of existing ordinances, are intended as a continuation of such ordinances except for those portions of the ordinances which are specifically repealed. The provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date or affect any suit or prosecution pending or to be instituted, to enforce any right, rule, regulation or ordinance or to punish any offense against any such repealed ordinance or against any ordinance enacted under them. All ordinances, resolutions, regulations and rules made pursuant to any ordinance repealed by this chapter shall continue in effect as if such ordinance had not been repealed Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged, nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter Pre-emption. A. It is recognized that the following Acts pre-empt this zoning ordinance: 1. The act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law; 2. The act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act; 3. The act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as The Bituminous Mine Subsidence and Land Conservation Act; 4. The act of September 24, 1968 (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act; 5. The act of December 19, 1984 (P.L. 1140, No. 223), known as the Oil 10 6. The act of December 19, 1984 (P.L. 1093, No. 219), known as the Noncoal Surface Mining Conservation and Reclamation Act; 7. The Act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law; 8. The act of June 10, 1982 (P.L. 454, No. 133), entitled An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances; 9. The act of May 20, 1993 (P.L. 12, No. 6), known as the Nutrient Management Act, and 10. The act of January 8, 1960 (P.L 2119, No. 787), known as the Air Pollution Control Act. B. Suggestions, recommendations, options, or directives contained herein are intended to be implemented only to the extent that they are consistent with and do not exceed the requirements of the aforementioned acts. Nothing contrary to these acts shall be mandated by this zoning ordinance Repealer. The Hempfield Township Zoning Ordinance of 1978 as amended, is hereby repealed as of the effective date of this Ordinance which is a comprehensive amendment of the Hempfield Township Zoning Ordinance of ARTICLE II DISTRICTS, USES AND DIMENSIONAL STANDARDS 2-1. Zoning Districts Established. The Township is hereby divided into Zoning Districts of different types, each type being of such number, shape, kind and area and of such common unity of purpose and adaptability of use that are deemed most suitable to carry out the objectives of this chapter and the Comprehensive Plan Enumeration of Zoning Districts. A. The Township is hereby divided into eleven (11) districts, as follows: A RA SR CR VR NC LC RC LI Agricultural Rural Agricultural Suburban Residential Corridor Residential Village Residential Neighborhood Commercial Local Commercial Regional Commercial Light Industry 11 HI I Heavy Industry Institutional B. The establishment and enumeration of Overlay Districts are discussed in Articles XIV through XVIII of this Chapter Zoning Map. The boundaries of districts shall be shown on the map attached to and made part of this chapter. Said map will be known as the Hempfield Township Zoning Map, The Zoning Map shall be kept on file and available for examination at the Township Municipal Building Boundaries. A. Where uncertainty exists with respect to the boundaries of the district as indicated on the Zoning Map, the following rules shall apply: 1. Where district boundaries are indicated as approximately coinciding with the center lines of street, highways, railroad lines or streams, such center lines shall be construed to be such boundaries. 2. Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be said district boundaries. 3. Where district boundaries are so indicated that they are approximately parallel to center lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Zoning Map. 4. The abandonment of streets shall not affect the location of such district boundaries. 5. When the Zoning/Code Enforcement Officer cannot definitely determine the location of a district boundary by center lines, lot lines or by the scale or dimensions stated on the Zoning Map, he or she shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the intentions and purposes set forth in all relevant provisions of this chapter. B. Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in its respective zoning classification; and for the purpose of applying the regulations of this chapter, each portion shall be considered as if in separate and different ownership Principal Uses. Agricultural (A) Rural Agricultural (RA) Suburban Residential (SR) Corridor Residential (CR) Village Residential (VR) Neighborhood Commercial (NC) Local Commercial (LC) Regional Commercial (RC) Light Industry (LI) Heavy Industry (HI) Institutional (I) TND Overlay - TC-R District TND Overlay - TC-B District Subject to the Provisions Of 12 A. The intended USE and purpose of each of the ZONING DISTRICTS is set forth in Table 1. RESIDENTIAL USES Single- Family Detached Dwelling P P P N P S N N S N N P N Single- Family Attached Dwelling N (P) P P P N N N S N N P N 20-2 and 26-4(X) 20-2 and 26-4(X) Duplex N (P) P P P N N P N N N P N 20-2 Townhouse N N N P N P P P N N N P N 20-2 Triplex N N P P N P P N N N N P N 20-2 Quadplex N N P P N P P N N N N P N 20-2 P = Permitted Use (P) = Permitted in Conservation Subdivision Only; otherwise not permitted. S = Special Exception N = Not Permitted Agricultural (A) Rural Agricultural (RA) Suburban Residential (SR) Corridor Residential (CR) Village Residential (VR) Neighborhood Commercial (NC) Local Commercial (LC) Regional Commercial (RC) Light Industry (LI) Heavy Industry (HI) Institutional (I) TND Overlay - TC-R District TND Overlay - TC-B District Subject to the Provisions Of 13 RESIDENTIAL USES CONTINUED Apartment N N N P N N P P N N P P N 20-2 Dormitory N N N N N N N N N N P N N 20-2 Mobile Home Park N N S S N N N N N N N N N 26-4(Q) Conservation Subdivision P P N N N N N N N N N N N ARTICLE XIX Assisted Living Facility/Personal Care Facility N N N P N N S N N N N P N 26-4(D) Skilled Care Facility N N N P N N S N N N N P N 26-4(X) Senior Citizen Residential Community Halfway House N S S P N N N N N N N P N 26-4(U) N N N N N N N S N N N N N 26-4(O) Model Homes N P P N N N N N N N N P N 20-3 Student Home S S S S S S S S S S P S S 26-4(BB) P = Permitted Use (P) = Permitted in Conservation Subdivision Only; otherwise not permitted. S = Special Exception N = Not Permitted Agricultural (A) Rural Agricultural (RA) Suburban Residential (SR) Corridor Residential (CR) Village Residential (VR) Neighborhood Commercial (NC) Local Commercial (LC) Regional Commercial (RC) Light Industry (LI) Heavy Industry (HI) Institutional (I) TND Overlay - TC-R District TND Overlay - TC-B Distri
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