Township of Manheim, PA Part 1 SHORT TITLE, PURPOSE AND DEFINITIONS

§ 101 Short Title.

[Ord. 2002-01, 2/7/2002, § 101]

This chapter shall be known as the "Manheim Township Zoning Ordinance."

§ 102 Purpose.

[Ord. 2002-01, 2/7/2002, § 102]

1. Purpose of Chapter. The regulations in this chapter have been promulgated with the purpose of promoting, protecting and facilitating:

A. Coordinated and practical community development.

B. Proper density of population.

C. Adequate water and sewerage.

D. Adequate police protection, schools, parks and other public requirements.

E. Adequate light and air.

F. Adequate transportation, parking and loading space.

G. The public health, safety and general welfare.

2. The regulations are also designed to prevent:

A. Overcrowding of land.

B. Blight.

C. Danger and congestion in travel and transportation.

D. Injury or loss of health, life or property from fire, flood, panic or other dangers.

3. Community Development Objectives. This chapter is enacted as part of the overall plan for the orderly growth and development of Manheim Township. As such, this chapter is based upon the expressed or implied community development objectives as contained in the Manheim Township Comprehensive Plan.

§ 103 Definitions.

[Ord. 2002-01, 2/7/2002, § 103; as amended by Ord. 2005-01, 8/4/2005, § 1; and by Ord. 2008-01, 10/20/2008]

1. Word Usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined or interpreted differently within this section.

2. Language Interpretation. In this chapter, when not inconsistent with the context:

A. The word "lot" includes the word "plot" or "parcel."

B. Words in the present tense imply also the future tense.

C. The singular includes the plural.

D. The male gender includes the female gender.

E. The word "person" includes a partnership, corporation association, trust, estate or any other legally recognized entity as well as an individual.

F. The term "shall" or "must" is always mandatory; the word "may" is discretionary.

G. References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions, agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions, agencies or officials of the Township of Manheim as in effect or office from time to time including amendments thereto or revisions or successors thereof, unless the text of this chapter indicates another reference is intended.

3. 

Specific Words and Phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.

ACCESS DRIVE

A private drive providing pedestrian and vehicular access between a public or private street and a parking lot or garage within a land development.

ACCESSORY ALTERNATIVE ENERGY SYSTEM

An alternative energy system that supplies energy primarily for on-site use, except that when a property upon 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. This definition shall not in any way limit or preclude those accessory alternative energy systems conducted pursuant to and part of power purchase agreements.

[Added by Ord. 2012-1, 10/15/2012]

ACCESSORY APARTMENT

An accessory use to a principal dwelling use allowed by special exception which includes a complete and separate housekeeping unit limited to one bedroom and having separate cooking and bathroom facilities created in a single-family detached dwelling or its accessory structure for occupancy by not more than two individuals related by blood, marriage or adoption to the occupants of the principal dwelling. No more than one accessory apartment shall be created within a single-family detached dwelling unit or its accessory structure and said accessory apartment shall be designed so that, to the degree feasible, the appearance of the building remains that of a single-family detached dwelling or its accessory structure.

ACCESSORY BUILDING

See "building, accessory."

ACCESSORY FARM DWELLING

See "farm dwelling, accessory."

ACCESSORY SAWMILL

See "sawmill, accessory."

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of the land or principal building and located on the same lot with such principal use or principal building.

ADULT DAY-CARE CENTER

See "care facilities."

ADULT-RELATED FACILITY

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(1) ADULT BATHHOUSE An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(2) ADULT BODY PAINTING STUDIO Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.

(3) ADULT BOOKSTORE Any establishment that has as a substantial or significant portion of its stock in trade:

(a) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(b) Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

(4) ADULT CABARET A nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5) ADULT MASSAGE ESTABLISHMENT Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth or licensed massage therapist. 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 such as, but not limited to, beauty salon.

(6) ADULT MINI MOTION PICTURE THEATER An enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(7) ADULT MODEL STUDIO Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

(8) ADULT MOTEL A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(9) ADULT MOTION PICTURE ARCADE Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(10) ADULT MOTION PICTURE THEATER An enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(11) ADULT NEWSRACK Any coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12) ADULT OUTCALL SERVICE ACTIVITY Any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13) ADULT SEXUAL ENCOUNTER CENTER Any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the Commonwealth, to engage in sexual therapy.

(14) ADULT THEATER

(a) A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(b) Any other business or establishment, excluding medical establishments or health clinics, which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGENT

Any person, other than a landowner or developer, who, acting for the landowner or developer, submits to the Planning Commission and Township Supervisors subdivision or land development plans for the purpose of obtaining approval thereof.

AGRICULTURE

The production, keeping or raising, for sale, lease or personal use, of plants and animals useful to man including, but not limited to: forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; horticulture including; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, gardening and greenhouse products; or lands devoted to a soil conservation or forestry management program.

AGRICULTURAL OPERATION

An enterprise that is actively engaged in commercial production and preparation for market of crops, livestock, etc. The term includes activities that are consistent with the practices and procedures that are normally engaged in by farmers or are consistent with technological development within the agricultural industry.

AGRICULTURAL PRODUCTION

The production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of such crops, livestock or livestock products if more than 50% of such processed or merchandised products are produced by the farm operator.

AGRONOMY

A branch of agriculture dealing with field-crop production and soil management.

AIRPORT

A place or facility where aircraft can land and take off, which may be equipped with storage hangars, facilities for refueling and repair and various accommodations for passengers.

ALTERATIONS

As applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

ALTERNATIVE ENERGY SYSTEM

Any one or more methods and facilities used in the conversion, storage, and distribution, including electrical infrastructure, transmission lines, and other appurtenant structures and facilities, of renewable energy sources (including but not limited to sunlight, wind, rain, tides, and geothermal heat).

[Added by Ord. 2012-1, 10/15/2012]

AMUSEMENT ARCADE

A commercial establishment that provides as a principal use, amusement devices and/or video games of skill or chance (e.g., pinball machines, video games, electronic firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANIMAL, DOMESTIC

Any dog, cat, equine animal, bovine animal, sheep, goat or porcine (swine) animal.

ANIMAL, EXOTIC

Members of the family Felidae except those species commonly called house cats and members of the family Canidae except those licensed by the Pennsylvania Department of Agriculture. Exotic animals shall also include all nonnative animals, but excepting small animals and birds customarily kept as house pets.

ANIMAL, WILD

All animals falling into one of the following categories as defined by Title 34 of the Pennsylvania Game and Wildlife Code:

(1) BIG GAME Elk, deer, bear and wild turkey.

(2) FUR-BEARER Badger, fisher, mink, muskrat, opossum, otter, pine marten, striped and spotted skunk, beaver, raccoon, all weasels, red and gray foxes and bobcat.

(3) GAME ANIMALS Elk, deer, bear, cottontail, snowshoe hare, red, gray and fox squirrels.

(4) GAME BIRDS Geese, brant, wild ducks, mergansers and swans, coots, gallinules, rails, snipe, woodcock, turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail and mourning doves.

ANIMAL HOSPITAL/VETERINARY CLINIC

An establishment offering veterinary services for all types of animals and which may include outdoor and overnight boarding of animals.

ANIMAL UNIT (ANIMAL EQUIVALENT UNIT)

One thousand pounds' live weight of livestock or poultry animals, regardless of the actual numbers of animals comprising the unit, as defined by the Pennsylvania Nutrient Management Act.

ANTIQUE BUSINESS

A business for purchase and sale at retail of antiques. Specifically excluded are flea markets, multiple antique dealer ventures and garage sales of a permanent or quasi-permanent nature, except as are authorized by the Township for charitable institutions or civic organizations for nonprofit fund raising purposes as otherwise may be provided by laws of the Township.

APARTMENT

Any dwelling unit which is located within a single structure along with at least one other dwelling unit or with a nonresidential use, each having a separate location within such structure.

APARTMENT HOUSE

See "dwelling, multifamily."

APARTMENT, CONVERSION

A multifamily dwelling constructed by converting an existing building into independent dwelling units for more than one family, without substantially altering the exterior of the building.

APPLICANT

A landowner or developer, as hereinafter defined who has filed an application for development including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plot or plan or for the approval of a land development plan.

AXIS OF A LOT

A line joining the midpoints of the front and rear lot lines. A corner lot shall have two axes, each of which shall be defined as a line joining the midpoints of a front lot line and the opposite side lot line. In the event that a front or rear lot line is not a straight line, the midpoint of such lot line shall be determined as the midpoint of a straight line drawn between each terminus of the front or rear lot line.

BARBER/BEAUTY SHOP

See "personal services."

BASEMENT

A story having part but not more than 1/2 of its height below the average level of the adjoining ground.

BED-AND-BREAKFAST INN

An owner-occupied dwelling or accessory structure in which a room or rooms are rented on a nightly basis for periods of not more than 30 days. Meals may or may not be provided.

BED-AND-BREAKFAST UNIT

A room or group of rooms in a bed-and-breakfast inn forming a single habitable unit used or intended to be used for living and sleeping, but not cooking or eating purposes.

BERM

An earthen mound designed to create a visual and sound barrier between a use and adjoining properties, streets and adjacent uses.

BILLBOARD

See "sign, billboard."

BOARD OF SUPERVISORS

The Manheim Township Board of Supervisors.

BOARDING FARM

A farm which in addition to the other permitted agricultural uses may, by special exception, engage in: the boarding, training, leasing and caring of horses for others, equitation instruction, and the noncommercial showing of horses, provided such shows are limited to the horses trained and boarded on the farm.

BUFFER AREA

An area intended to be used as means of limiting the effects created by a use on adjoining properties, streets and uses.

BUILDING

Any structure or edifice designed or intended for use as an enclosure, a shelter or for protection of persons, animals or property.

(1) ATTACHED A building which has two or more party walls in common.

(2) DETACHED A building that has no party wall.

(3) SEMIDETACHED A building which has only one party wall in common.

BUILDING, ACCESSORY

A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

BUILDING, FARM

A building for agricultural uses, namely barns, corn cribs, silos and other similar farm structures.

BUILDING, PRINCIPAL

A building which is enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for housing, shelter, enclosure, employment of individuals, storage of materials and is the main structure on a given lot.

BUILDING AREA

The total area of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.

BUILDING COVERAGE

That portion of a lot covered or occupied by structures. For the purpose of computation, building coverage excludes fences, freestanding walls, retaining walls, decks extending no more than eight feet from the building wall, playground equipment, wading pools no more than 30 inches above grade, cornices, eaves, gutters, unenclosed and uncovered porches, stoops, terraces, balconies, fire escapes and unenclosed steps.

BUILDING HEIGHT

The total overall height of a building measured from the average elevation of the finished lot grade to the highest point of the roof.

BUILDING LINE

A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, except overhanging eaves, gutters and cornices, the vertical plane will coincide with the most projected surface.

BUILDING MATERIALS YARD

An establishment where a stock of lumber and/or building materials is kept for sale, either at retail and/or at wholesale.

BUILDING SETBACK LINE

The line within a property usually parallel to the right-of-way or property line, defining the required minimum distance between any structure and the adjacent street right-of-way or property line.

(1) FRONT SETBACK LINE The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.

(2) REAR SETBACK LINE The line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line. On corner and through lots, the rear setback line shall be considered that area between the principal structure and the property line directly opposite the street of access.

(3) SIDE SETBACK LINE The line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.

BUSINESS

Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service.

BUSINESS CONVERSION

The conversion of all or a portion of an existing residential or nonresidential building for business use.

BUSINESS OFFICE BUILDING

A building used as offices and occupied by personnel to perform business, professional, administrative or clerical functions.

BUSINESS SERVICES

Includes such uses as banks, credit unions, loan and insurance agencies, utility offices, government, business and professional offices, medical or dental office facilities conducted from a business office building.

CAMPER UNIT

A tent or camping vehicle that can be temporarily located on a campsite for transient dwelling purposes.

CAMPGROUND

A lot, tract or parcel of land upon which two or more campsites are located or established, intended or maintained for occupation by transients in camper units.

CAMPSITE

A plot of ground within a campground intended for occupation by a camper unit.

CARE FACILITIES

Establishments which provide food, shelter, personal assistance, supervision and/or medical or other health related services for individuals not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity need such care.

(1) ADULT DAY-CARE CENTER Any premises where care is provided to four or more elderly or disabled adults for part of a twenty-four-hour day, excluding care provided by relatives. Such care includes personal assistance, the development of skills for daily living and the provision of social contact.

(2) CHILD DAY-CARE CENTER A facility licensed by the state that provides a wide range of formal day-care services for remuneration to seven or more children, who are supervised by a qualified staff. The child care areas in a day-care center shall not be used as a family residence.

(3) COMMUNITY REHABILITATION FACILITY/HALFWAY HOUSE Group living quarters for persons who need specialized housing, treatment and/or counseling that (i) provides supervised housing as an alternative to imprisonment, including but not limited to prerelease, work-release, probationary programs or active criminal rehabilitation; (ii) provides treatment/housing for persons convicted of driving under the influence of alcohol; or (iii) provides treatment/housing for persons recovering from drug or alcohol addictions. This definition specifically excludes "methadone clinics."

(4) CONVALESCENT OR NURSING HOME A licensed establishment that provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in a home.

(5) DOMICILIARY CARE HOME A building or structure designed as a dwelling unit for one family which provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally, emotionally or who are aged persons.

(6) FAMILY DAY-CARE HOME A facility, located in a single-family residence, which provides supervised care for remuneration to not more than six children who are not relatives of the caregiver.

(7) GROUP CARE FACILITY An institutional care facility, licensed, registered or certified under an applicable county, commonwealth or federal agency, in which persons with physical or mental disabilities reside while receiving therapy or counseling for their disability prior to moving into more permanent living arrangements in family dwellings or nursing, convalescent or similar health care facilities.

(8) GROUP DAY-CARE HOME A facility, located in a single-family residence, which provides supervised care for remuneration to more than six but less than 12 children who are not relatives of the caregiver.

(9) GROUP HOME A type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. A group home shall be affiliated with a parent institution which provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff, and for supervision of residents by full-time resident staff.

(10) METHADONE TREATMENT FACILITY A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

(11) PERSONAL CARE BOARDING HOME A type of group quarters, specifically a premises in which food, shelter and personal assistance or supervision are provided, on a State or Federal licensed basis, for a period exceeding 24 consecutive hours for at least four persons who are over the age of 18, are not relatives of the operator and who are aged, blind, disabled, infirm or dependent, but do not require skilled or intermediate nursing care.

CARETAKER DWELLING

A dwelling accessory and incidental to the principal use only for occupancy of bona fide caretaker or watchman and their families.

CARTWAY

The paved area of a street.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.

CEMETERY

Land used for the purpose of burial of the deceased, including crematoria and mausoleums when operated in conjunction with the cemetery and located within the boundaries of the cemetery.

CERTIFICATE OF USE AND OCCUPANCY

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 Township requirements have been complied with.

CHANGE OF USE

An alteration of a building or a change of use theretofore existing within a building or on a lot to a new use that imposes other provisions of this chapter.

CHILD DAY-CARE CENTER

See "care facilities."

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at the intersection of two or more streets, access drives or alleys. It is defined by lines of sight between points at a given distance from the intersection of the center lines of both streets.

CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM

A mechanism for heat exchange which consists of the following basic elements: horizontal underground loops of piping; heat transfer fluid; a heat pump; and 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.

[Added by Ord. 2012-1, 10/15/2012]

CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM

A mechanism for heat exchange which consists of the following basic elements: vertical underground loops of piping; heat transfer fluid; a heat pump; and an air distribution system. A borehole is made 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.

[Added by Ord. 2012-1, 10/15/2012]

CLUB

An organization catering exclusively to members and their guests on premises or in buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities as defined herein.

COMMERCIAL USE

A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.

COMMON DRIVEWAY

See "driveway, common."

COMMON OPEN SPACE

A parcel or parcels of land, an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self supporting or guyed tower, designed and used to support communications antennas.

COMMUNITY REHABILITATION FACILITY/HALFWAY HOUSE

See "care facilities."

COMMUNITY SEWAGE SYSTEM

A sewage disposal system, other than a public sewer system, which provides sewage disposal for two or more units of occupancy which shall comply with all applicable regulations of the Department of Environmental Protection or other regulatory agency.

COMMUNITY WATER SUPPLY SYSTEM

A water supply system, other than a public water system, providing water for more than two units of occupancy which shall comply with all applicable regulations of the Department of Environmental Protection or other regulatory agency.

COMPREHENSIVE PLAN

The plan, or parts thereof, which has been adopted by the Board of Supervisors, showing its recommendations for such systems as parks and recreation facilities, water supply, sewer and sewage disposal, transportation highways, civic centers and other public improvements which affect the development of the Township.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONGREGATE RESIDENCE

Any building, structure or group of buildings or structures, for residential occupancy with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.

CONSERVATION AREAS

Environmentally sensitive areas with characteristics such as steep slopes, wetlands, flood plains, high water tables, forest areas, endangered species habitat or areas of significant biological productivity or uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance or character.

CONVALESCENT OR NURSING HOME

See "care facilities."

CONVENIENCE STORE

Any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same, including gasoline and oil products, and having a gross floor area of less than 5,000 square feet.

CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS

Crops, livestock and livestock products shall include, but are not limited to, the following:

(1) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.

(2) Fruits, including apples, peaches, grapes, cherries and berries.

(3) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.

(4) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

(5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, fur-bearing animals, milk, eggs and furs.

(6) Timber, wood and other raw wood products derived from trees.

(7) Aquatic plants and aquatic animals and their by-products.

COUNTY PLANNING COMMISSION

The York County Planning Commission.

DECISION

The final adjudication of the Zoning Hearing Board and the Board of Supervisors for cases under their jurisdiction as identified in this chapter. Appeals from a decision go directly to the Court of Common Pleas.

DEDICATION

The deliberate offering of land by its owner for general public use.

DENSITY

A measure of the number of uses which occupy, or may occupy, an area of land.

DENSITY, GROSS RESIDENTIAL

The number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, excluding public rights-of-way, whether exterior or interior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, common open spaces, etc. In the case of applications for planned residential development, "gross residential density" is defined as the number of dwelling units per acre, computed by dividing the number of dwelling units proposed by the number of acres in the development exclusive of areas to be devoted to commercial use.

DENSITY, NET RESIDENTIAL

The number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, etc.

DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.

DEPARTMENT OF TRANSPORTATION (PennDOT)

The Department of Transportation of the Commonwealth of Pennsylvania or any agency successor thereto.

DETERMINATION

A final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

(1) The governing body.

(2) The Zoning Hearing Board.

(3) The planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter 22] or planned residential development provisions. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density or development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" shall mean written and graphic materials referred to in this definition.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development; a subdivider.

DISTANCE BETWEEN BUILDINGS

The required distance between facings or building walls measured at the narrowest point.

DOMICILIARY CARE HOME

See "care facilities."

DRAINAGE FACILITY

Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision or contiguous land areas.

DRIVE, ACCESS

See "access drive."

DRIVEWAY

A minor vehicular surface other than a street providing access from a street or a private road to a lot.

DRIVEWAY (PRIVATE)

Access between public and private street or access drive and a parking area for single unit of occupancy, farm or land development which shall comply in all respects with applicable Township regulations.

DRIVEWAY, COMMON

A private driveway utilized by more than two, but not more than four, separate residential lots or dwellings for access to a public or private street.

DRIVEWAY, SHARED

A private driveway providing access between a public or private street or access drive and parking areas for not more than two units of occupancy including, but not limited to, flag lots and land developments.

DRIVE-IN BUSINESS

An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service, obtain a product or be entertained while remaining in a motor vehicle. Accessory services provided for customers that do not require the direct assistance of personnel of the establishment outside of the confines of the building (e.g., self-service gasoline pumps, vending machines, automatic teller machines, etc.) shall not be encompassed in this definition.

DRIVE-THROUGH FACILITY

Any portion of a building or structure, from which business is transacted, or capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

DWELLING

A house, apartment building or other building, including a mobile home, designed or used primarily for human habitation. The word "dwelling" shall not include boarding- or rooming houses, hotels, motels, tents, trailers or any structure designed or used for transient residence.

(1) DWELLING, DETACHED A building containing one dwelling unit surrounded by yards or other open area on the same zoning lot.

(2) DWELLING, FARM ACCESSORY See "farm dwelling, accessory."

(3) DWELLING, FARM PRINCIPAL See "farm dwelling, principal."

(4) DWELLING, MULTIFAMILY (MULTIPLE FAMILY) A detached building (apartment house) or group of attached buildings (townhouse/row) designed for or used exclusively for residence purposes by more than two families.

(5) DWELLING, ONE FAMILY See "dwelling, single-family."

(6) DWELLING, SEMIDETACHED One of two buildings, arranged or designed as dwellings located on abutting lots, separated from each other by a party wall, without openings, extending from the cellar floor to the highest point of the roof along the dividing lot line, and separated from any other building or structures by space on all other sides.

(7) DWELLING, SINGLE-FAMILY, ATTACHED (TOWNHOUSE OR ROW HOUSE) A building used by one family and having two party walls in common with other dwellings, except in the case of an end-of-row unit which only has one side wall which is a party or lot-line wall.

(8) DWELLING, SINGLE-FAMILY, DETACHED A dwelling on a single lot designed and occupied exclusively as a residence for one family, including an individual mobile home not located in a mobile home park.

(9) DWELLING, SINGLE-FAMILY, SEMIDETACHED A dwelling containing one dwelling unit which is attached side-by-side to another dwelling unit by the use of a common wall.

(10) DWELLING, TOWNHOUSE See "dwelling, single-family, attached (townhouse or row)."

(11) DWELLING, TWO-FAMILY, ATTACHED A building used by two families and having two party walls in common with other dwellings, except in the case of an end-of-row unit which only has one side wall which is a party or lot-line wall.

(12) DWELLING, TWO-FAMILY, DETACHED (DUPLEX) A dwelling containing two dwelling units, one of which is located above the other.

(13) DWELLING, TWO-FAMILY, SEMIDETACHED A building used by two families, with one dwelling unit arranged over the other, having one side yard, and one party wall in common with another building.

DWELLING UNIT

A building or portion thereof, forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating exclusively by one or more individuals living as a single housekeeping unit.

EASEMENT

A limited right-of-use granted in private land for public or quasipublic purpose.

ECHO HOUSING (ELDER CARE HOUSING OPPORTUNITY)

A temporary additional dwelling unit placed on a property for occupancy by either an elderly, handicapped or disabled individual.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities after PUC approval, or other governmental agencies, or private corporations under contract to the Township, of gas, electrical, telephone, steam or water transmission or distribution systems, and sewage disposal systems, including buildings, enclosures, wells, pumping stations, storage facilities, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants and other similar equipment and accessories and services in connection therewith, with or without locational requirements, reasonably necessary for the furnishing of adequate service by such public utilities, or other agencies, or private corporations under contract to a municipality or for the public health or safety or general welfare. Essential services with locational requirements include those uses which, due to topographical siting requirements, cannot be located in accordance with the requirements of this chapter. Essential services without locational requirements include those uses that can be located in accordance with the requirements of this chapter. Essential services shall not include communications towers and communications antennas, as defined herein.

FAMILY

For the purposes of this chapter, a family shall be defined as follows:

(1) One or more persons related by blood (within and including the degree of first cousin), marriage or adoption, including foster children, living together in a single housekeeping unit and sharing all of the facilities of that unit in common.

(2) Not more than two unrelated persons, persons related to either or both of them by blood (within and including the degree of first cousin) or adoption, and including foster children, provided, however, that they live together in a single housekeeping unit and share all of the facilities of that unit in common.

(3) One or more individuals with disabilities, as defined and protected by the Federal Fair Housing Act, as amended, who live together primarily for purposes relating to their disabilities as the functional equivalent of a family in a shared living arrangement licensed or certified by the appropriate county, commonwealth or federal agency.

FAMILY DAY-CARE HOME

See "care facilities."

FARM

Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARM AND CONSTRUCTION EQUIPMENT SALES AND SERVICE

The distribution, sale and/or servicing of new and used equipment and machinery, including construction equipment, commonly used for agricultural purposes.

FARM DWELLING, ACCESSORY

An accessory farm dwelling is a second dwelling having as its occupant(s) an owner or one or more full-time laborers (or any family member thereof) on the farm.

FARM DWELLING, PRINCIPAL

A dwelling unit occupied by the farm owner, whether or not he is farming the land, or by permanently employed persons and their families who receive housing in lieu of all or part of their wages.

FARM OCCUPATION

Any occupation in addition to the primary agricultural use of a property whereby the farmer in residence engages in an occupation that is secondary to the primary agricultural use. On-farm occupations may involve the following uses:

(1) Facilities for the service and repair of farm machinery and equipment, and small engines.

(2) Facilities contributing to the agrarian lifestyle characteristic of the residents of Manheim Township. Such facilities include but are not limited to:

(a) Arts and crafts manufacturing.

(b) Antique shops.

(c) Blacksmith and tool sharpening shops.

(d) Carriage, buggy, wagon and related appurtenances manufacturing, sales and service.

(e) Carpenters.

(f) Woodworking, furniture and cabinet making shops.

(g) Metalworking shops.

(h) Country housewares, hardware and dry goods stores.

(i) Butcher shops.

(j) Tailor and shoe shops.

(k) Grain mills.

(l) Processing and/or sale of locally produced agricultural products.

(m) Veterinary offices which primarily treat farm animals; stables; kennels.

(n) Feed supply, feed and fertilizer distribution.

FARM PRODUCE MARKET

An establishment for the display and sale of agricultural products.

FENCE

Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FLOOR AREA OF A BUILDING

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls, or in cases of roofed porches and roofed terraces, measured from the outer edge of the roof.

FLOOR AREA, HABITABLE

The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas such as utility rooms or garages, nor unheated areas such as enclosed porches.

FOREST/WILDLIFE PRESERVE

An area where human activities are limited and where the natural environment is protected from man-made changes.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FRONTAGE

The horizontal or curvilinear distance along the street line upon which a lot abuts.

FUNERAL HOME

A building devoted to the care, embalming, and holding of services for the dead, including the sale of funeral equipment as an accessory activity.

GARAGE, PRIVATE

A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

GARAGE, PUBLIC

A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

GARAGE, REPAIR FACILITY

See "vehicle repair garage."

GARDENING

The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.

GEOTHERMAL BOREHOLE

A hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.

[Added by Ord. 2012-1, 10/15/2012]

GEOTHERMAL ENERGY SYSTEM

An 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.

[Added by Ord. 2012-1, 10/15/2012]

GOLF COURSE

A tract of land laid out for at least nine holes for playing the game of golf, and improved with tees, greens, fairways and hazards and that may include a driving range, clubhouse and shelter.

GOLF DRIVING RANGE

A tract of land laid out to provide a golf practice area with practice golf tees and yardage markers.

GRADE

The slope expressed in a percent, which indicates the rate of change of elevation in feet per 100 linear feet.

GRADE, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

GREEN AREA

The portion of a lot which may not be occupied or covered by an impervious surface.

GREENHOUSE

A noncommercial greenhouse building for the private use of the owner or occupant whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants or for personal enjoyment.

GREENHOUSE, COMMERCIAL

A greenhouse which is part of a retail sales operation for the sale of plants and related equipment and supplies.

GROUP CARE FACILITY

See "care facilities."

GROUP DAY-CARE HOME

See "care facilities."

GROUP HOME

See "care facilities."

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration or physical, chemical, or infectious characteristics may:

(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.

(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of or otherwise managed.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HEALTH AND FITNESS FACILITY

A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEAVY COMMERCIAL USE

A commercial use with a predominantly manufacturing or industrial character due to the extent of production, repairing or storing of goods, such as contractor's yards or storage tanks.

HEIGHT OF A COMMUNICATIONS TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

HELIPORT (HELIPAD)

An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for loading, landing and takeoff of helicopters, and which may include auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

HOME BUSINESS

An occupation, profession, activity or use conducted within a dwelling unit or accessory building by the residents thereof and up to two nonresident employees. Home business uses are intended to be of a service nature and not involve the purchase and/or sale of goods on the premises. The use shall be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and the exterior appearance of the structure and premises shall remain residential in character. There shall be no external evidence of the home business except a permitted sign, and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat or glare. Since the use may be of such nature that may require regular visits by customers and/or deliveries, adequate off-street parking space shall be required in addition to the spaces required for the residential use.

HOME OCCUPATION

An occupation, profession, activity or use conducted within a dwelling unit solely by the residents thereof. The use shall be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and the exterior appearance of the structure and premises shall remain residential in character. The use shall be of such nature that will not require visits by customers and/or deliveries and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat or glare.

HOMEOWNERS' ASSOCIATION

An unincorporated association or not-for-profit corporation whose membership consists of the lot owners of a residential development. A homeowners' association shall also include a condominium unit owners' association. All such associations shall comply with the requirements for unit owners' associations contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

HOSPITAL

An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice.

HOTEL

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building as an accessory use.

IMPERVIOUS AREA

Any portion of a lot covered by material impenetrable by precipitation, including buildings, structures, parking lots, parking areas and paved areas.

IMPERVIOUS SURFACE

Those surfaces which do not absorb rain. All buildings, including roof overhangs, parking areas, driveways, roads, sidewalks and such areas as those in concrete and asphalt, and stoned driveways, shall be considered impervious surfaces within this definition.

INDIVIDUAL ON-LOT SEWAGE SYSTEM

Any 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 and any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposition, and which is located upon the lot which it serves.

INDUSTRIAL PARK

An industrial area:

(1) Organized and laid out in accordance with an overall plan for a community of industries including the servicing of these industries.

(2) Designed to insure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, architectural control, setbacks and use requirements.

INDUSTRIAL USE

(1) HEAVY INDUSTRIAL USE Manufacturing, processing, packaging, sales, storage and wholesaling of products, which, because of their shipping, storage, noise, dust, odors, hours of operations and other requirements, should not be located in close proximity to residential areas. Examples include: foundries, steel fabrication and mills, large scale manufacturing or processing operations, paver plants, breweries, pickling processes, rendering or slaughtering operations, refineries, solid waste disposal or processing, truck or motor freight terminals, concrete/asphalt plants, etc.

(2) LIGHT INDUSTRIAL USE Manufacturing, processing, packaging, sales, storage and wholesaling of products which are characterized by smaller scaled and nonintrusive operations that can be compatible with neighboring residential and other uses. Examples include: farm machinery sales, contractor, printing, small engine repair and machine shops, lumber yard and building supplies and other small scale industrial uses, etc.

INTENSIVE AGRICULTURAL OPERATION

Intensive agricultural operations shall include the following:

(1) Any farm building, mushroom house, structure and/or facility specially designed, constructed and/or operated for the intensive and accelerated raising of poultry, animal or agricultural produce and/or by-products of the same for commercial sale including, but not limited to, an environmentally controlled house or other confined housing for poultry, animals, mushrooms and/or by-products which structure is 5,000 square feet or larger.

(2) Any agricultural animal operation which exceeds two animal equivalent units (AEUs) per acre on an annualized basis.

JUNK

Any discarded materials or articles, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, tires, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.

JUNKYARD

Any unlicensed place where junk, as herein defined, is stored, accumulated or disposed of outside a completely enclosed building (see "salvage yard"). The deposit or storage on a lot (other than in a licensed salvage yard) of one or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that is required to and does not have a valid current registration plate or a certificate of inspection which is more than 60 days beyond the expiration date.) Unlicensed vehicles and equipment routinely used in agricultural operations and/or construction operations on the property on which they are parked or stored shall not constitute a "junkyard."

KENNEL

A structure on any lot on which animals (except livestock, horses or poultry) are kept, boarded, raised, bred, treated or trained for a fee including, but not limited to, dog or cat kennels.

LAND DEVELOPMENT

(1) Any of the following activities:

(a) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.

2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(b) A subdivision of land.

(c) Except as provided below, development in accordance with § 503(1.1) of the Municipalities Planning Code.

(2) Land development shall not include the following:

(a) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.

(b) The addition of an accessory building, including farm buildings on a lot or lots subordinate to an existing principal building with a maximum square footage of 2,000 square feet and/or a height of no more than 60 feet. Any accessory building less than 2,000 square feet in area and less than 60 feet in height is specifically excluded from the definition of land development. Additionally, a silo or grain bin exceeding a height of 60 feet but subordinate to an existing, principal agricultural structure shall be excluded from the definition of land development.

(c) The addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park.

1) For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.

LANDSCAPE ARCHITECT

A professional landscape architect licensed as such in the Commonwealth of Pennsylvania.

LANDSCAPING

The planting of turf, trees, shrubs and other appropriate vegetative materials and ground cover within the open areas of a lot other than for agricultural purposes, and including the maintenance and replacement thereof, for the purposes of erosion control, retention of precipitation, protection against the elements and promotion of human comfort and welfare.

LAUNDRY AND DRY-CLEANING ESTABLISHMENT

An establishment where dry cleaning, washing, drying and/or ironing is performed on a commercial basis and where the materials being cleaned generally are brought in from other locations.

LAUNDRY, SELF-SERVICE

A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.

LAWN AND GARDEN SALES AND SERVICE

The distribution, sale and/or servicing of new and used lawn and garden equipment and machinery and the sale of lawn and garden supplies.

LIFE CARE FACILITY

A planned development designed for the elderly and/or disabled persons, which may include congregate residences and/or full health and continuing care nursing home facilities. A life care facility may also include accessory uses such as a community center, personal service shops, recreation areas and common open areas.

LIVESTOCK

See "crops, livestock and livestock products."

LINE, PROPERTY

A recorded boundary of a plot. Any property line that abuts a street or other public way shall be measured from the right-of-way.

LOADING SPACE

An off-street space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

(1) CORNER LOT A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

(2) DOUBLE-FRONTAGE LOT A lot, other than a corner lot, fronting on two streets.

(3) FLAG LOT A lot or parcel that has been approved by the Board of Supervisors under the Manheim Township Subdivision, Land Development and Stormwater Management Ordinance § 507, Subsection 2 [Chapter 22], with access provided to the bulk of the lot by means of a narrow corridor. Said lot has less frontage on a public street than is normally required. The flagpole for access portion of the said lot is not required to meet the minimum lot requirements of this chapter.

(4) INTERIOR LOT Any lot other than a corner lot.

(5) REVERSE-FRONTAGE LOT A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the latter.

(6) THROUGH LOT A lot extending between and having frontage on two streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT COVERAGE

A percentage which when multiplied by the lot area will determine the permitted building coverage area.

LOT DEPTH

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT LINE

Lines forming the front, rear and sides of lots as described in the deed of record. Any lot line that abuts a street or other public way shall be measured from the street right-of-way.

(1) LOT LINE, FRONT On an interior lot, the lot line abutting the street; on a corner or through lot, each lot line which abuts a street; on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

(2) LOT LINE, REAR A lot line which does not intersect a front lot line and is most distant from, and most parallel to, a front lot line. On corner and through lots, the rear lot line shall be considered that area between the principal structure and the property line directly opposite the street of access.

(a) For the purposes of this chapter, where the side lot lines of an interior lot meet in a point, the rear lot line shall be assumed to be a line not less than 10 feet long drawn within the lot between the two side lot lines, which is parallel to, or in the event of a curved front lot line, equidistant to, the front lot line.

(3) LOT LINE, SIDE Any lot line that is not a front or rear lot line.

LOT WIDTH

The required continuous distance between the side property lines (or, in the case of corner lots, between a front and side property line) measured along a single street right-of-way line. If a lot is traversed by a street right-of-way, whether existing or proposed, any principal building on said lot shall be located on a portion of that lot which contains the minimum lot width required by this chapter.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE STORAGE FACILITIES

A detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, trench silo, earthen bank, stacking area and aboveground storage.

MEDICAL CLINIC

Any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

METHADONE TREATMENT FACILITY

See "care facilities."

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MIXED OCCUPANCY

Occupancy of a building for more than one use.

MOBILE HOME

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.

MOBILE HOME LOT

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.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts and other similar designations.

MULTIFAMILY CONVERSION

A multifamily dwelling constructed by converting an existing building into apartments for more than one family without substantially altering the exterior of the building.

MUNICIPAL USE

Any use owned or operated by the Township or an authority created by the Township.

MUNICIPALITIES PLANNING CODE

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.

MUSEUM

A facility for the public display of items, materials or information that are related to some historic, educational, cultural or scientific purpose. Museums can include related accessory uses (e.g., restaurant, gift shop and etc.) so long as these remain incidental to the primary museum use. Museums can be operated as a business but shall not involve the retail sales of museum displays.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for the on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.

NONCONFORMITY

A use, structure, lot or dimension in conflict with the regulations of this chapter, (1) existing on the effective date of this chapter, or (2) existing at any subsequent amendment of this chapter, or (3) created by variance. Specifically, the following types of nonconformities are distinguished:

(1) DIMENSIONAL NONCONFORMITY An existing structure which contains a permitted use and is nonconforming as to building setbacks or lot area may be expanded, provided that:

(a) The expanded portion of the structure will not extend nearer any street right-of-way line or other property line than the part of the existing structure, which is closest to the street right-of-way line or other property line.

(b) All other yard requirements of the zoning district are met.

(c) No expansion shall be permitted which may cause danger to vehicle or pedestrian traffic on a street by obscuring the view.

(d) No expansion shall be permitted within 15 feet of any street right-of-way line and five feet from any other property line.

(2) NONCONFORMING LOT A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

(3) NONCONFORMING STRUCTURE A structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

(4) NONCONFORMING USE A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or any amendment theretofore or hereafter enacted, where such use was lawfully in existence prior to the application of this chapter or amendment to its location by reason of annexation.

NONINTENSIVE AGRICULTURAL OPERATIONS

The raising, keeping and breeding of poultry, small animals and/or livestock (including cattle, hogs, horses, ponies, cows, sheep and similar livestock) for gain, but excluding intensive agricultural operations.

NONRESIDENTIAL

Any use other than a dwelling. An institutional use, in which persons may reside, such as a dormitory, prison, nursing home or hospital, shall be considered a nonresidential use.

NORMAL FARMING OPERATIONS

The customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of crops, livestock and livestock products and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities.

NURSERY

Any lot or parcel of land used to cultivate, propagate, and grow trees, shrubs, vines and other plants including the buildings, structures and equipment customarily incidental and accessory to the primary use.

NURSING, REST OR RETIREMENT HOME

See "care facilities."

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service or government, including administration, record keeping, 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.

OFFICE PARK

A tract of land designed and developed from a single, unified plan involving the layout of lots, buildings and improvements together with a landscaping and open space plan in order to achieve a campus theme and efficient use of shared utilities and roads.

ON-LOT UTILITIES

(1) SEWAGE DISPOSAL SYSTEM Any septic system or structure designed to biochemically treat sewage within the boundaries of an individual lot.

(2) WATER DISTRIBUTION SYSTEM A system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot.

OPEN AREA

A percentage which when multiplied by the lot area will determine the required unbuildable area of the lot. However, paved area is to be considered as part of the required open area.

OPEN LOOP GEOTHERMAL SYSTEM

A mechanism for heat exchange where water 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 "reinjection." 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.

[Added by Ord. 2012-1, 10/15/2012]

OPEN SPACE

An area that is intended to provide light and air, and is designed for environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and watercourses. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel.

OPEN SPACE, COMMON

See "common open space."

OPEN SPACE, PASSIVE

An open space area not occupied by any structures or impervious surfaces.

OUTDOOR SALES

The display and sale of products and services primarily outside of a building or structure, including but not limited to burial monuments, landscape materials, mobile homes and recreational vehicles.

OUTDOOR WOOD-FIRED BOILER (also known as "OWB," "outdoor wood-fired hydronic heater" or "outdoor wood furnace")

A fuel-burning device: 1) designed to burn primarily wood; 2) that the manufacturer specifies should or may be installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds; and 3) which heats spaces or water by the distribution through pipes of a fluid heated in the device, typically water or a mixture of water and antifreeze.

[Added by Ord. 2012-1, 10/15/2012]

PARENT TRACT

[Amended by Ord. 2010-2, 7/19/2010]

(1) When used in determining the permissible number of lots which may be subdivided or dwellings erected in the A Agricultural Zone, all contiguous land held in single and separate ownership, regardless of whether:

(a) Such land is divided into one or more lots, parcels, purports or tracts;

(b) Such land was acquired by the landowner at different times or by different deeds, devises, partitions or otherwise; or

(c) 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 February 7, 2002, or, if such land was not classified as A Agricultural Zone on February 7, 2002, which was held by the landowner or his predecessor in title on the date such land was first classified as A Agricultural Zone after February 7, 2002.

(2) "Parent tract" shall not include the following: any existing unimproved lot of record as of February 7, 2002, having less than 10 acres gross lot area and having lot width along a public street.

(3) Any existing unimproved lot of record as of February 7, 2002, that is excluded from the definition of a "parent tract" by Subsection (2)(above) shall be permitted to erect one single-family detached dwelling or one principal non-agricultural building, subject to the requirements of § 204, Subsection 5, and § 405.

(4) Any existing unimproved lot of record as of February 7, 2002, that is excluded from the definition of a "parent tract" by Subsection (2)(above) shall not be included in determining the permissible number of lots which may be subdivided or dwellings erected in the A Agricultural Zone.

PARK, PLAYGROUND or RECREATION AREA

An open-air, active or combination of active and passive, recreational facility which is not accessory to any other use on the same or any other lot, but excluding amusement parks. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses and amusement arcades.

PARKING GARAGE

A building where passenger vehicles may be stored for short-term, daily or overnight off-street parking.

PARKING LOT

An open lot where passenger vehicles may be stored for short-term, daily, overnight off-street parking.

PARKING SPACE

An off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area 10 feet wide by 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Occupancy of one space shall not restrict ingress or egress to another space.

PAVED AREA

A percentage which when multiplied by the lot area will determine the permitted open area which may be paved with an impervious surface (ex., driveways, walkways, parking area, etc.).

PERSONAL CARE BOARDING HOME

See "care facilities."

PERSONAL SERVICES

Includes such uses as barbershops, beauty salons, photographic studios, tailor, dressmaking, millinery shops and dry cleaning laundry dropoff points.

PLACE OF WORSHIP

A nonprofit use of land or a building or buildings as a place of worship, convent, monastery or similar religious institution, including rectory and parish houses for an organization solely or primarily used as a religious institution when located on the same premise.

PLAN

See "plat."

PLANNING COMMISSION

The Manheim Township Planning Commission.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

PORTABLE STORAGE UNIT

A container designed for temporary, short-term storage that is not affixed to the land.

PREMISES

The area occupied by a business or other commercial, professional or industrial enterprise. When more than one such enterprise occupies a building, each business area shall be considered separate premises.

PRESERVATION AND PROTECTION

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use but shall not be interpreted to authorize the unreasonable restriction of forestry, mining, or other lawful uses of natural resources.

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second and third class as defined by the United States Department of Agriculture, Natural Resource and Conservation Services, County Soil Survey.

PUBLIC

Owned, operated or controlled by a governmental agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Education).

PUBLIC BUILDING

A building owned, operated or controlled by a governmental agency (federal, state or local), including a corporation created by law for the performance of certain specialized governmental functions.

PUBLIC GROUNDS

Includes the following:

(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.

(2) Sites for schools, municipal buildings, sewage treatment, refuse disposal and other publicly owned or operated facilities.

(3) Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Township or the Zoning Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC SEWER SYSTEM

A municipal sewer system or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection.

PUBLIC USES

Includes public and semipublic uses that are specifically established to offer some public welfare, health, safety or recreation services to the residents, businesses and landowners of Manheim Township. Such uses can include parks, fire stations, municipal buildings and garages, and etc. Churches and schools are not included in this definition.

PUBLIC UTILITY

Any utility coming under the jurisdiction of the Public Utility Commission of Pennsylvania.

PUBLIC WATER SYSTEM

A municipal water supply system or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection.

QUARRY

A place where rock, ore, stone and similar materials are excavated for sale or for off-tract use.

RECREATION FACILITY

An activity operated as a business, open to the public, for the purpose of public recreation or entertainment including, but not limited to, bowling alleys, drive-in motion picture facilities, swimming pools, health clubs, golf courses, miniature golf courses, museums, etc. This does not include adult-related facilities or amusement arcades, as defined herein.

REPAIR SERVICES

Includes such uses as radio, television, electronics and appliance repair shops, carpenter shops and shoe repair shops.

REPORT

A written document such as a letter, review or memorandum made by any body, board, officer or consultant other than a solicitor for the purpose of rendering a decision or a determination. All reports are deemed recommendatory and advisory only.

RESEARCH LABORATORY

An establishment or other facility for carrying on investigation in natural, physical or social sciences, which may include engineering and product development.

RESIDUAL LOT

A lot located within a parcel or tract subdivided pursuant to the provisions of § 204, Subsection 4, of this chapter which exceeds the maximum residential lot size permitted in the Agricultural District by § 204, Subsection 5B, of this chapter and may include existing structures serving a principal and accessory use. The residual lot may include areas of the tract or parcel being developed which are not suitable for development as separate lots and fragments of land which cannot reasonably be included as a part of other proposed lots without causing such lots to exceed 1 1/2 acres in size.

RESTAURANT

A business establishment where food and drink are prepared, served and consumed primarily within the principal building.

(1) RESTAURANT, FAST-FOOD An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises or off the premises.

(2) RESTAURANT, TAKE-OUT An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

RETAIL BUSINESS

Includes such uses as variety stores, apparel stores, drug stores, grocery stores, eating establishments, antique shops, music shops, sporting good stores, and book, stationery, magazine, candy and tobacco shops.

RETAIL STORE/SALES

Retail stores are those businesses whose primary activities involve the display and retail sales of goods and products. This term shall not include adult-related facilities as defined herein.

RETIREMENT COMMUNITY

A group of dwellings, attached or detached, for the elderly (55 years or older) under single ownership, which may include nursing and personal care facilities as accessory uses.

RIDING CLUB (RIDING SCHOOL or RIDING STABLE)

An establishment where horses may be kept, bred, trained and/or exercised and where equestrian instruction and equestrian competition may be offered including, but not limited to, polo clubs, public show rings and rodeos.

RIGHT-OF-WAY

Land set aside for use as a public or private street, alley or other means of travel.

ROOMING HOUSE

A building containing a single dwelling unit and guest-rooms, where lodging is provided with or without meals for compensation.

ROTOR DIAMETER

The cross-sectional diameter of the circle swept by the rotating blades.

[Added by Ord. 2012-1, 10/15/2012]

SALVAGE YARD

A lot, land or structure, or part thereof, which is used primarily for the collecting, storage and sale of waste paper, rags, scrap metal, building materials, house furnishings, machinery, vehicles, or parts thereof, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof (see "junkyard").

SAWMILL

A facility, portable or permanently affixed to the ground, for the sawing of logs.

(1) SAWMILL, ACCESSORY An accessory structure that is used primarily for the sawing of logs harvested on a farm on which the sawmill is located, or harvested on other lands of the farmer.

(2) SAWMILL, COMMERCIAL A sawmill facility that receives and processes timber and wood products from off-site sources/locations.

SCHOOL

A principal use in which supervised education and/or instruction is offered.

(1) COMMERCIAL SCHOOL A school that may offer a wide range of educational and/or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other that the school district.

(2) PRIVATE SCHOOL A school that offers elementary, secondary, postsecondary and/or postgraduation education that may, or may not, be operated as a gainful business, and not operated by a public school district.

(3) PUBLIC SCHOOL A school licensed by the Department of Education for the purpose of providing elementary, secondary and adult education and operated by the school district.

(4) VOCATIONAL-MECHANICAL TRADE SCHOOL A school that may, or may not, be operated as a gainful business that principally offers training in any of (but not limited to) the following occupations:

(a) Truck driving.

(b) Auto mechanics.

(c) Building construction and general contracting.

(d) Woodworking.

(e) Masonry.

(f) Plumbing, HVAC.

(g) Electrical.

(h) Other similar trades, as determined by the Zoning Hearing Board.

SCREEN PLANTING

A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining zones the structures and uses on the premises on which the screen planting is located.

SEASONAL SALES

A temporary retail use carried on for only a part of the year, such as the sale of Easter flowers, fireworks, Christmas trees, etc.

SELF-SERVICE STORAGE FACILITY

A building or group of buildings that contains individual, compartmentalized and controlled access stalls or lockers for the storage of customer's goods or wares.

SERVICE BUSINESS

See "business services, personal services, repair services."

SETBACK

The required horizontal distance between a setback line and property or street line.

(1) SETBACK, FRONT The distance between the street right-of-way line and the front setback line projected the full width of the lot.

(2) SETBACK, REAR The distance between the rear lot line and the rear setback line projected the full width of the lot.

(3) SETBACK, SIDE The distance between the side lot line and the side setback line projected from the front yard to the rear yard.

SETBACK LINE

A line within a property and parallel to a property or street line that delineates the required minimum distance between a structure and that property or street line.

SHOOTING RANGE

A place where members of the public, for a fee or by invitation, can discharge firearms for recreation, competition, skill development and training. For the purpose of this chapter, a firearm shall include any instrument that uses a propelling charge to move a projectile (e.g., rifle, gun, shotgun, pistol, air gun, archery or bow to propel any type of projectile). A shooting range does not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOPPING CENTER

A group of stores planned and designed for the site, on which it is built, functioning as a unit, with off-street parking provided on the property as an integral part of the unit.

(1) SHOPPING MALL A shopping center with stores, offices, and/or service businesses on both sides of an enclosed or open pedestrian walkway.

(2) STRIP SHOPPING CENTER A group of two or more retail stores, offices and/or service businesses planned and designed for the site on which it is built, functioning as a unit, with off-street parking provided on the property as an integral part of the unit.

SIGN

Any structure, device, fixture or placard that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Specific sign types are defined as follows:

(1) ANIMATED SIGN Any sign that uses movement or change of lighting to depict action or create a visual effect or scene.

(2) BANNER Any sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

(3) BEACON Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

(4) BILLBOARD (ADVERTISING SIGN) A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

(5) BUILDING MARKER Any sign indicating the name of a building and data and incidental information about its construction, which sign is cut into a masonry surface or made bronze or other permanent material.

(6) BUILDING SIGN Any sign attached to any part of a building, as contrasted to a freestanding sign.

(7) CANOPY SIGN Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outside service area. A marquee is not a canopy.

(8) CHANGEABLE COPY SIGN A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for the purposes of this chapter.

(9) COMMERCIAL MESSAGE Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

(10) FLAG Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.

(11) FREESTANDING SIGN Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(12) IDENTIFICATION SIGN Any sign indicating the name and address of an occupant of a building.

(13) INCIDENTAL SIGN A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

(14) LUMINOUS SIGN Any sign which contains a light shining from any source within the body of the sign.

(15) MARQUEE SIGN Any sign attached to, in any manner, or made part of a marquee.

(16) NONCONFORMING SIGN Any sign that does not conform to the requirements of this chapter.

(17) PENNANT Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, usually in series, designed to move in the wind.

(18) PORTABLE SIGN Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich-board signs; balloons used as signs; and umbrellas used for advertising.

[Amended by Ord. No. 2017-01, 9/18/2017]

(19) PROJECTING SIGN Any sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.

(20) REAL ESTATE SIGN A sign relating to the property on which it is located offering such property for sale, lease or rent.

(21) RESIDENTIAL SIGN Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.

(22) ROOF SIGN Any sign erected and constructed wholly on and over the roof of building supported by the roof structure, and extending vertically above the highest portion of the roof.

(23) ROOF SIGN, INTEGRAL Any sign erected or constructed as an integral or essentially integral part of a normal roof structure or design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

(24) SUSPENDED SIGN A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(25) TEMPORARY SIGN Any sign that is used temporarily, generally less than 30 days, and is not permanently mounted or constructed.

[Amended by Ord. No. 2017-01, 9/18/2017]

(26) VEHICULAR SIGN Signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business or owned by the occupant of a residential property.

[Added by Ord. No. 2017-01, 9/18/2017]

(27) WALL SIGN Any sign attached parallel to, but within 12 inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

(28) WINDOW SIGN Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

SIGN SETBACK

The distance from the property line or street right-of-way to the nearest part of the applicable sign, measured perpendicularly to the property line or street right-of-way line.

SITE PLAN

A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, right-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Board of Supervisors, Planning Commission or Zoning Hearing Board in unusual or special cases.

SOLAR ACCESS

The access of a solar energy system to direct sunlight.

[Added by Ord. 2012-1, 10/15/2012]

SOLAR ENERGY SYSTEM

An alternative energy system which includes any solar collector consisting of one or more cells, panels, or arrays designed to collect and convert solar power into another form of energy, such as electricity or heat, and other structures and buildings used in the conversion, storage, and distribution, including electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

[Added by Ord. 2012-1, 10/15/2012]

SOLID WASTE DISPOSAL AND PROCESSING FACILITIES

Any sanitary landfill, mass burn facility or processing facility which accepts, disposes, and/or processes garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

SPECIAL EXCEPTION

A use that is permitted in a particular zoning district pursuant to the relevant provisions of this chapter, including but not limited to, § 203, Subsection 3, § 204, Subsection 3, § 205, Subsection 3, § 206, Subsection 3, § 207, Subsection 3, § 504 and Part 6, and in accordance with the relevant provisions of the Municipalities Planning Code.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain.

(6) Erotic or lewd touching, fondling or other contact with an animal by a human being.

(7) Human excretion, urination, menstruation, vaginal or anal irrigation.

STORY

That portion of a building, excluding cellars, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

(1) STORY, HALF A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

STREET GRADE

The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts, at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

STREET LINE

A line defining the edge of a street right-of-way and separating the street from abutting property or lots; commonly known as the "street right-of-way line."

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

(1) ACCESSORY A subordinate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the principal structure.

(2) PERMANENT A structure which cannot readily be removed.

(3) TEMPORARY A structure which can readily be removed.

SUBDIVIDER

A developer.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SURVEYOR

A professional land surveyor licensed as such in the Commonwealth of Pennsylvania.

SWIMMING POOL

Any reasonably 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. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

THEATER

A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.

TOWNHOUSE

See "dwelling, single-family attached."

TOWNSHIP

Manheim Township, York County, Pennsylvania, as represented by the Board of Supervisors, or its duly authorized agents.

TRANSPORTATION (PASSENGER) TERMINAL

A facility where transfer between modes of passenger transportation takes place, such as a bus terminal or train station.

TRUCKING TERMINAL

An area and building where trucks load and unload cargo and freight and where the cargo or freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation; also may include maintenance or storage of vehicles as an accessory use that is incidental to the operational use of the terminal.

TURBINE HEIGHT

The distance measured from the highest point of the wind turbine rotor plane to the ground level.

[Added by Ord. 2012-1, 10/15/2012]

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1) ACCESSORY USE A use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

(2) PRINCIPAL USE The main or primary use of property or structures.

(3) TEMPORARY USE A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary uses usually do not involve the construction or alteration of any permanent building or structure.

VARIANCE

Relief granted from the terms of this chapter pursuant to the relevant provisions of this chapter, including but not limited to § 502, and in accordance with the relevant provisions of the Municipalities Planning Code.

VEHICLE BODY SHOP

A building or structure on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles, trucks and other vehicles for conveyance.

VEHICLE PARKING LOT OR GARAGE COMMERCIAL

A lot or building or portion thereof, other than an automobile sales lot used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot or garage shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

VEHICLE REPAIR GARAGE

A building or structure on a lot designed and/or used primarily for mechanical and/or body repairs, storage or servicing to automobiles, trucks and similar vehicles.

VEHICLE SALES

Any building or land which may be devoted to the retail sales of passenger vehicles, recreational vehicles and boats including accessory service and repair facilities if conducted within a wholly enclosed building.

VEHICLE SERVICE STATION

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 vehicle services such as lubrication, washing and minor repairs.

VEHICLE WASH

A building on a lot, designed and used primarily for the washing and polishing of motor vehicles and which may provide accessory services as set forth herein for vehicle service stations.

VIOLATION

The construction, alteration or use of any structure, building, sign or land, or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign or land without first obtaining a permit; the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; or the failure to comply with any other provision of this chapter.

WAREHOUSE

A storage and/or distribution facility for handling goods, with or without maintenance facilities.

WHOLESALE BUSINESS

An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to, such individuals or companies.

WIND ENERGY SYSTEM

An alternative energy system which includes a device such as a wind charger, wind turbine and/or other electric generation facility designed to convert wind power into another form of energy, such as electricity or heat, consisting of one or more wind turbines and other structures and buildings, including meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

[Added by Ord. 2012-1, 10/15/2012]

WIND TURBINE

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 by Ord. 2012-1, 10/15/2012]

WIND TURBINE TOWER

The vertical component of a wind energy system that elevates the wind turbine, and as applicable attached blades, above the ground.

[Added by Ord. 2012-1, 10/15/2012]

YARD

An area between the permitted structures and the property lines.

(1) YARD, FRONT The area contained between the street right-of-way line and the front face or wall of the principal structure.

(2) YARD, REAR The area contained between the rear property line and the rear face or wall of the principal structure. On corner and through lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of access.

(3) YARD, SIDE The area(s) between any side face or wall of a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaccess street.

ZONING PERMIT

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 chapter for the zone in which it is located or is to be located.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter. The Zoning Officer shall administer this chapter in accordance with its literal terms.

§ 104 Conflict.

[Ord. 2005-01, 8/4/2005, § II]

It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinances or enactment, or with any rule, regulation, or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter; provided that, where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribed larger open spaces than are required by the provisions of other such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. Furthermore, if a discrepancy exists between any regulations contained within this chapter, that regulation which imposes the greater restriction shall apply.