[Ord. 2002-01, 2/7/2002, § 401]
1. 
Front Setbacks from Major Thoroughfares. For the purpose of protecting uses from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be any arterial streets and collector streets specified in the Township Comprehensive Plan and may be designated by the Township Board of Supervisors in the future.
2. 
Sight Distance. Proper sight lines must be maintained at all street intersections. Clear sight triangles shall be provided at all public or private street intersections and driveway entrances. The clear sight triangles shall be free of any obstructions. Within such triangles, no vision-obstructing object other than utility poles, streetlights, street signs or traffic signs shall be permitted which obscures vision above the height of 30 inches and below 10 feet measured from the center line grade of intersecting streets. Such triangles shall be established to facilitate the driver, when positioned 10 feet behind the street cartway, to have a clear line-of-sight for a distance as determined by the procedure described in the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
3. 
Setback on Corner Lots. In the case of corner lots, two front yards shall be provided (the second of which will exist in lieu of one side yard). The rear yard shall fall opposite the front yard of the access street.
4. 
Accessory or Appurtenant Structures. The building setback regulations do not apply to:
[Amended by Ord. 2010-2, 7/19/2010]
A. 
School bus shelters, telephone booths, cornices, eaves, chimneys, steps, canopies and similar extensions, but do apply to unenclosed and uncovered porches or decks and unenclosed and uncovered patios.
B. 
Open fire escapes.
C. 
Minor utility structures (such as, but not limited to, fire hydrants, traffic signal control boxes, electric/telephone poles, electric transformers for underground service), articles of ornamentation or decoration.
D. 
The above exceptions shall not block motorists’ view of vehicles at public or private street intersections and driveway entrances.
[Ord. 2002-01, 2/7/2002, § 402]
The height regulations do not apply to the following projections provided that the height of any such projection above its base shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A. 
Structures such as chimneys, standpipes, silos, flagpoles, television antennas or communications towers.
B. 
Structures on buildings such as clock towers, cupolas, water tanks and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C. 
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet.
[Ord. 2002-01, 2/7/2002, § 403]
If the construction is completed by one year after the effective date, a building, the foundation of which was completed before the effective date, may be constructed without being bound by the requirements of this chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within one year after the amendment.
[Ord. 2002-01, 2/7/2002, § 404]
No lot may be formed from part of a lot occupied by a building unless each newly created lot will meet all the applicable provisions of this chapter.
[Ord. 2002-01, 2/7/2002, § 405]
On any single lot of record which does not conform to the regulations for minimum lot area, lot width and/or lot depth for the zone in which it is located and where adjacent lots were not owned by the owner of the lot in question at any time between the effective date of this chapter and the date the application for a building permit is filed with the Township, a building permit may be issued and a building may be erected, altered or used and any conforming or permitted use may be established; provided that setback, yard, height and all other requirements, other than lot area, lot width or lot depth requirements, of this chapter and all other applicable Township ordinances and regulations for the district in which the lot is located shall be met.
[Ord. 2002-01, 2/7/2002, § 406; as amended by Ord. 2005-01, 8/4/2005, § IV]
1. 
Continuance. Except as otherwise provided in this section, any use, building, or structure existing at the time of enactment of this chapter may be continued although it is not in conformity with the regulations specified by this chapter.
2. 
Expansion or Alteration. For the purposes of this section, expansion or alteration shall mean any increase or change in the totality of an undertaking or enterprise as measured by its number of employees, customers, or uses; car and truck traffic; parking and loading requirements; hours of operation (including number of work shifts); square footage utilized; external impact (including, for example, lighting, noise, and odors); days and/or hours during which a particular use is conducted; and other observable manifestations of the use of the property.
A. 
Nonconforming Uses. Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in § 504:
(1) 
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendments thereto creating the nonconformity.
(2) 
The total of all such expansions or alteration of use shall not exceed an additional 50% over the existing conditions as defined by Subsection 2 above as they existed on the date on which such buildings, structures or use first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
(3) 
Provisions for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(4) 
Provisions for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
(5) 
Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to: landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good condition of all improvements and open spaces.
(6) 
Buffers and screens shall be provided in accordance with this ordinance and the Township's Subdivision and Land Development Ordinance [Chapter 22] to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
(7) 
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
B. 
Nonconforming Structures. Any nonconforming structure may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in § 504:
(1) 
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter or any amendment thereto creating the nonconformity.
(2) 
The expansion of the buildings or structures shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(3) 
The total of all such expansions or alterations of use shall not exceed an additional 50% of the gross floor area of those buildings or structures as they existed on the date on which such buildings or structures first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
3. 
Replacement. Any nonconforming use may be replaced or substituted by another nonconforming use by special exception if the Zoning Hearing Board determines that the proposed use is at least as equally compatible with the surrounding area as the original nonconforming use. In addition, the proposed nonconforming use shall not increase any dimensional nonconformity. The Zoning Hearing Board may attach reasonable conditions to the special exception to keep the use compatible within its surroundings.
4. 
Restoration.
A. 
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location, provided that:
(1) 
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities.
(2) 
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
(3) 
If the nonconforming building or structure is destroyed to an extent of more than 75% of the market value as appraised for tax assessment purposes, then such destruction shall be deemed complete destruction, and the nonconforming building or structure may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 503 of this chapter.
B. 
Any lawful nonconforming building or other structure which has become deteriorated or dilapidated may be restored, provided that the restored building or structure shall not exceed the height, area or volume of the original building or structure and such restored building or structure shall not increase any dimensional nonconformities.
C. 
Any lawful nonconforming accessory building may be reconstructed in the same location, provided that:
(1) 
The reconstructed accessory building shall not exceed the height, area or volume of the prior lawful nonconforming accessory building and such reconstructed accessory building shall not increase any dimensional nonconformities; and,
(2) 
The accessory building must be reconstructed within 180 days from the date the prior accessory building is removed.
5. 
Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Vacation of land or structures or the nonoperative status of the use normally carried on shall be evidence of discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
6. 
Reversion. No nonconformity shall, if once changed to conform to the regulations of this chapter, be changed back again to a nonconformity.
7. 
Zone Changes. Whenever the boundaries of a zone shall be changed so as to change an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
8. 
Extension of a Nonconforming Use of Land. Any lawful nonconforming use of land exclusive of buildings and structures and the use contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and lot regulations and to the design standards of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter or any amendment thereto creating the nonconformity.
9. 
Expansion of Nonconforming Single-Family Detached Dwellings. Any single-family detached dwelling that was legally in existence as of the effective date of this chapter may be expanded without obtaining a special exception or variance, provided that such expansion does not result in a further encroachment into the yard setback requirement or exceed the lot coverage requirement within the zone.