East Manchester Township is hereby divided into
the districts listed below:
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(CO)
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Conservation District
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(A)
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Agricultural District
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(R-1)
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Low Density Residential District
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(R-2)
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Medium Density Residential District
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(R-3)
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High Density Residential District
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(AO)
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Apartment/Office District
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(V)
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Village District
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(C)
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Commercial District
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(I)
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Industrial District
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(FP)
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Floodplain District (Overlay)
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The boundaries of the said districts are hereby
established as shown on the "East Manchester Township Zoning Map,"
which accompanies, and which, with all explanatory matter thereon,
is hereby adopted and made a part of this chapter.[1] A copy of said Map, indicating the latest amendments,
shall be kept up to date for the use and benefit of the public.
[1]
Editor's Note: The Zoning Map is available in the Township
offices.
In determining the boundaries of districts shown
on the Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines of streets, highways, watercourses or railroad
rights-of-way or such lines extended, such center lines shall be construed
to be such boundaries.
B.
Where such boundaries are indicated, as approximately
following the property lines of parks or other publicly owned lands,
such lines shall be construed to be such boundaries.
C.
Unless otherwise shown, all district boundaries running
parallel to streets shall be construed to be 200 feet back from the
rights-of-way of said streets.
D.
In all cases where a district boundary line is located
not farther than 15 feet away from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
E.
In all cases where dimensions are not shown on the
Zoning Map, the location of boundaries shown on the Map shall be determined
by the use of the scale appearing thereon.
The Floodplain District Map shall be deemed an overlay on any zoning district now or hereafter applicable to any lot. Should the Floodplain District be declared inapplicable to any tract by reason of action of: i) the Board of Supervisors in amending this chapter; or ii) the Zoning Hearing Board or any court of competent jurisdiction in interpreting the same; or iii) the Zoning Hearing Board of any court of competent jurisdiction in determining the legal effect of the same; the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of § 255-6 which follows.
A.
Identification of floodplain areas.
(1)
For the purpose of maintaining and keeping in full
force and effect the Federal Emergency Management Agency, Federal
Insurance Administration, Flood Insurance Program, the areas considered
by this chapter to be within the (FP) Floodplain District of East
Manchester Township shall be those areas identified as being subject
to the one-hundred-year flood in the Flood Insurance Study prepared
for the Township of East Manchester, York County, Pennsylvania by
the Federal Insurance Administration dated May 19, 1980, or the most
recent revision thereof.
(2)
A map delineating the areas considered to be within
the Township's floodplains for the purposes of this chapter is available
for inspection at the East Manchester Township Municipal Building.
Said map is hereby made a part of this chapter. For the purposes of
this chapter, the following nomenclature is used in referring to the
various areas within the Township's floodplains.
(a)
FW (floodway area): the areas identified as
"floodway" in the Flood Insurance Study prepared by the FIA. The term
shall also include floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
(b)
FF (flood-fringe area): the areas identified
as "floodway fringe" in the Flood Insurance Study prepared by the
FIA.
(c)
FA (general floodplain area): the areas identified
as "approximate one-hundred-year floodplain" in the Flood Insurance
Study prepared by the FIA.
B.
Determination of the one-hundred-year flood elevation
on FA (general floodplain areas).
(1)
In his determination of the one-hundred-year flood
elevation for the general floodplain area, the Zoning Officer shall
use the elevation at a given point in the boundary of the identified
general floodplain area which is nearest the site in question. In
making this determination, the Zoning Officer shall obtain, review
and reasonably utilize the information cited in § 255-6A(c)
of this chapter, available U.S. Corps of Engineers Floodplain Information
Reports, U.S. Geological Survey Flood-Prone Quadrangles, known high-water
marks from past floods, and data submitted with subdivision proposals
and other proposed developments. In addition, information from other
federal, state, and other acceptable sources shall be used to determine
a floodway area if possible.
(2)
Where the complete and definitive flood elevation
information necessary to delineate the boundary of the Floodplain
District is not available to the Zoning Officer in his consideration
of an application for a permit, he/she shall require such on-site
studies and/or surveys to be made as are necessary to fix the precise
boundaries of the Floodplain District. Such studies and surveys shall
be signed, sealed, and certified by a licensed professional registered
by the Commonwealth of Pennsylvania to perform such studies and surveys.
Such certification shall acknowledge the accuracy of the study or
survey and the qualification of the individual to perform such study
or survey. Copies of such studies and surveys shall be submitted by
the Zoning Officer to the East Manchester Township Engineer, the United
Stated Department of Agriculture's Soil Conservation Service, and
the Pennsylvania Department of Community and Economic Development,
who shall have 30 days to comment. Any property owner whose property
is so studied and/or surveyed to justify an application for a permit
shall pay all costs of these studies and surveys, including the cost
of review by the Township Engineer.
A.
B.
Financial responsibility.
(1)
The property owner shall pay all costs associated
with the hearing before the Zoning Hearing Board, including all costs
for advertising public notice, for fees to Zoning Hearing Board members,
for fees to the Municipal Solicitor, and for all stenographic records,
including the attendance of a stenographer and, when necessary, the
transcription of the record.
(2)
The property owner shall pay all costs associated
with any detailed engineering investigation, including the cost of
review by the Township Engineer.
A.
Zoning districts. Following the effective date of
this chapter and except as hereinafter provided:
(1)
No yard or open space required in connection with
any building or use shall be considered as providing a required open
space for any other building on the same or any other lot.
(2)
No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected herewith, and the remaining lot comply with all requirements
prescribed by this chapter for the district in which said lot is located.
No building permit shall be issued for the erection of a building
on any new lot thus created unless such building and lot comply with
all the provisions of this chapter.
(3)
Nothing contained in this chapter shall require any
change in the plans, construction, or designated use of a building
complying with local laws in force prior to this chapter, if the following
is found to exist:
(a)
A building permit shall have been duly issued
prior to the date of first publication of notice of the public hearing
on this chapter;
(b)
The entire building shall have been constructed
in accordance with such plans as have been filed with the Township
and shall have been completed within one year from the effective date
of this chapter.
(4)
Any use not specifically allowed or prohibited elsewhere
in this chapter shall be allowed by special exception in the zone
or zones where, and to the extent that, similar uses are permitted
or allowed by special exception, provided that such use meets the
requirements for a special exception and does not constitute a public
or private nuisance.
(5)
Any list of prohibited uses contained in any section
of this chapter shall not be deemed to be an exhaustive list but has
been included for the purposes of clarity and emphasis and to illustrate,
by example, some of the uses frequently proposed that are deemed undesirable
and incompatible and thus prohibited.
(6)
Except for agricultural operations, which shall be
permitted in conjunction with other permitted uses, no more than one
principal use shall be permitted per lot.
B.
Floodplain Districts. The provisions of this chapter create an overlay district, which is applicable within floodplains in all other zoning districts established by this chapter. To the extent the provisions of the Floodplain District regulations in Article III of this chapter are applicable and more restrictive, they shall supersede conflicting provisions within all other district regulations of this chapter and all other ordinances of East Manchester Township. However, all other provisions of all other district regulations of this chapter and all other ordinances of the Township shall remain in full force.
