[Ord. 2002-01, 2/7/2002, § 601]
It is the intent of this Part to provide special controls and
regulations for particular uses that may be permitted by right, by
special exception, or by conditional use within the various zoning
districts established in this chapter. In addition to the general
standards for special exceptions as contained in § 504,
Subsection 6, where applicable, the following sets forth standards
that shall be applied to each individual use. These standards must
be satisfied prior to approval of any application for a special exception
or conditional use and/or issuance of a zoning permit. The applicant
shall be required to demonstrate compliance with these standards and
must furnish whatever evidence is necessary to demonstrate such compliance.
All uses must comply with the standards expressed within the underlying
zone, unless those standards expressed for the selected use specify
different standards; in such cases, the specific use standards shall
apply.
[Ord. 2002-01, 2/7/2002, § 602]
In the RR and A Zones and subject to the requirements of the
zone in which the property is located, except as herein modified and
provided:
A.
Only one accessory apartment shall be permitted in a single-family
dwelling unit or its accessory structure.
B.
When the accessory apartment increases the total number of bedrooms
contributing to the existing septic system to four or more, the Township
Sewage Enforcement Officer shall be notified to inspect and approve
the septic system for any increase in sewage flows.
C.
Occupants of the accessory apartment shall be related by blood, marriage
or adoption to the occupants of the principal dwelling.
D.
Additions to the principal dwelling or its accessory structure for
the purpose of creating an accessory apartment shall not increase
the square footage of the original structure by more than 25%.
E.
The accessory apartment shall not comprise more than 30% of the dwelling
unit's total floor area (after any additions or modifications
thereto).
F.
At least one additional off-street parking space shall be provided
for the occupants of the accessory apartment.
G.
The appearance of the structure shall remain that of a single-family
dwelling.
[Ord. 2002-01, 2/7/2002, § 603]
In the RR and A Zones and subject to the requirements of the
zone in which the property is located, except as herein modified and
provided:
A.
No more than one accessory farm dwelling shall be permitted on a
farm.
B.
The minimum lot area and building setback requirements of the respective
zoning district shall apply to the principal and accessory farm dwellings
individually.
C.
The off-street parking requirements of this chapter shall apply to
each dwelling.
D.
All water supply and sewage disposal facilities shall be approved
by the appropriate agencies prior to the issuance of a building permit
for the accessory farm dwelling.
[Ord. 2002-01, 2/7/2002, § 604]
Within the GC Zone, adult-related facilities are permitted by
special exception, subject to the following criteria:
A.
An adult-related facility shall not be permitted to be located within
1,000 feet of any other adult-related facility.
B.
No adult-related facility shall be located within 500 feet of any
residentially zoned land.
C.
No adult-related facility shall be located within 1,000 feet of any
parcel of land that contains any one or more of the following specified
land uses:
D.
The distance between any two adult-related facilities shall be measured
in a straight line, without regard to intervening structures, from
the closest point on the exterior parcel line of each establishment.
The distance between any adult-related facilities and any land use
specified in Subsection 3C above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior parcel line of the adult related facility to the closest
point on the property line of said land use.
E.
No materials, merchandise or film offered for sale, rent, lease,
loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
F.
Any building or structure used and occupied as an adult-related facility
shall be windowless or have an opaque covering over all windows or
doors of any area in which materials, merchandise or film are exhibited
or displayed, and no sale materials, merchandise or film shall be
visible from outside of the building or structure.
G.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise or film
offered therein.
H.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
I.
No adult-related facility may change to another adult-related facility,
except upon approval of an additional special exception.
J.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related facility may be located within one
building or shopping center.
[Ord. 2002-01, 2/7/2002, § 605]
1.
Agricultural Nuisance Disclaimer. All lands within the Agricultural
Zone are located within an area where land is used for commercial
agricultural production. Owners, residents and other users of this
property may be subjected to inconvenience, discomfort and the possibility
of injury to property and health arising from normal and accepted
agricultural practices and operations, including, but not limited
to, noise, odors, dust, the operation of machinery of any kind, including
aircraft, the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides and pesticides. Owners, occupants and
users of this property should be prepared to accept such inconveniences,
discomfort and possibility of injury from normal agricultural operations
and are hereby put on official notice that Section 4 of Pennsylvania
Act 133 of 1982, the Right to Farm Law, may bar them from obtaining
a legal judgment against such normal agricultural operations.
2.
Agricultural activities shall be conducted in a manner compatible
with accepted good agricultural practices and applicable local and
state regulations.
3.
All grazing areas or pasture areas used for grazing shall be fenced.
No new or replacement fence shall be erected within the right-of-way
of any street.
4.
No farming operation shall be conducted within five feet of the edge
of cartway of any public street.
5.
To the greatest extent possible, all structures shall be placed on
soils which have the poorest agricultural land capability classification
as defined by the United States Department of Agriculture, and all
proposed uses shall be situated in a manner reducing to a minimum
the amount of productive agricultural land which is converted to the
proposed uses.
6.
Required Conservation Plan. Any agricultural, horticultural, timber
harvesting or forestry related uses which involves earthmoving activities
shall require the obtainment of an approved conservation plan by the
York County Conservation District, pursuant to Chapter 102, Erosion
Control, of Title 25, Rules and Regulations, Department of Environmental
Protection. All on-site activities shall then be conducted in compliance
with the approved conservation plan.
7.
No slaughter area shall be established closer than 300 feet to any
property line.
8.
The location of manure storage and processing facilities shall conform
to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding
anything contained in this chapter to the contrary, all manure shall
be managed in a manner to comply with the Clean Streams Law and the
practices prescribed by the DEP Manure Management Manuals.
9.
Ventilation or exhausts for new buildings in which farm animals are
kept shall be exhausted away from the closest residences or said commercial
buildings.
10.
Vegetation Setback Requirement. No shrub nor tree on any residentially
used lot shall be planted within 10 and 15 feet, respectively, of
any adjoining farm.
11.
Buffer Planting.
A.
Whenever any of the following uses are created on any property which
adjoins any zone where residential or commercial structures exist
as permitted uses, a landscaped screen shall be provided along the
zone boundary by the owner of the use being created. Said screening
shall be designed and located in accordance with the requirements
of § 630 of this chapter.
12.
Intensive Agricultural Activity. It is the specific intent of this
section to promote and provide for intensive agricultural activities,
as defined herein, within those areas of the Agricultural (A) Zone
of the Township where intensive agricultural activities can be carried
out in a manner that will minimize potential conflicts and impacts
with environmentally sensitive areas and existing surrounding land
uses.
A.
In addition to the requirements of the Agricultural Zone and the
above requirements, the following shall apply to intensive agricultural
activities:
(1)
The operator of the intensive agricultural operation shall reside
on the lot that the intensive agricultural use is located upon.
(2)
Intensive agricultural activities shall not be located within
1,000 feet of another zone or adjoining residence located within the
Agriculture Zone or any other zone.
(3)
A minimum lot size of 25 acres is required for intensive agricultural
activities.
(4)
The use or structure shall be so located on the lot as to provide
front, side and rear setbacks of at least 500 feet.
(5)
Intensive agricultural uses shall not be located on any natural
or man-made slope that exceeds 15%.
(6)
No more than 10% of the lot area shall be covered by any impervious
surface related to the intensive agricultural activity. For the purposes
of this subsection, impervious surface shall include any building(s)
and/or accessory structure(s) constructed or converted for intensive
agricultural uses; any portion of any driveway, access drive, street
or other form of ingress or egress constructed, improved and/or maintained
for intensive agricultural uses.
(7)
The maximum height of buildings used for intensive agricultural
use is 35 feet or 2 1/2 stories, excluding appurtenances.
(8)
Commercial composting is prohibited. Any on-site composting
shall be conducted and accomplished with materials and by-products
that are generated on the property.
(9)
Solid and liquid plant and animal wastes shall be stored, handled
and disposed of in a recognized acceptable manner to avoid creating
insect or rodent problems, or a public nuisance. No emission of noxious,
unpleasant gases shall be permitted in such quantities as to be offensive
outside the lot lines of the tract occupied by an intensive agricultural
user. For the purposes of this subsection, intensive agricultural
uses that are operated in full compliance with the standards produced
by the Pennsylvania Department of Agriculture, DEP, Pennsylvania State
University College of Agriculture or similar recognized entity shall
be in compliance with this requirement.
(10)
Dry lot feeding stations shall be permanently paved in accordance
with the recommendations of the York County Conservation District
and the USDA Natural Resources Conservation Service.
(11)
A nutrient management plan shall be prepared and submitted to
the York County Conservation District for review and approval.
(12)
A conservation plan shall be prepared by the USDA Natural Resources
Conservation Service. The plan shall include all tracts involved in
the intensive agricultural use, including tracts used for the application
of manure and/or the cultivation of crops.
(13)
A landscaping plan shall be prepared for all proposed intensive agricultural uses. The plan shall be prepared in accordance with the applicable requirements of this chapter and the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
(14)
The applicant shall present credible evidence that the proposed
intensive agricultural operation will be conducted in accordance with
the applicable standards as produced by the Pennsylvania Department
of Agriculture, DEP, Pennsylvania State University, College of Agriculture
or similar recognized entity.
13.
Timbering harvesting shall be subject to the following:
A.
Timber harvesting activities shall be conducted in accordance with
an erosion and sedimentation pollution control plan that is consistent
with current acceptable practices to control runoff, erosion, stream
siltation and soil stabilization.
B.
The erosion and sedimentation pollution control plan shall be submitted
to the York County Conservation District for its review and approval
prior to initiating any earthmoving or timber harvesting activities.
C.
The erosion and sedimentation pollution control plan, along with
evidence of the review and approval of same by the York County Conservation
District, shall be submitted to the Township prior to initiating any
earthmoving or timber harvesting activities.
D.
All roads and trails developed as part of a timbering activity shall
be dust stabilized when within 100 feet of any lot or street line.
14.
Siting of Single-Family Dwellings and Special Exception Uses in the
Agricultural Zone.
A.
All proposed single-family dwellings and special exception uses in
the Agricultural Zone shall be located according to the following
additional requirements:
(1)
The proposed use must be located:
(a)
On a lot containing a minimum of 75% land in Soil Capability
Unit III, IV, V, VI, VII or VIII, as defined by the United States
Department of Agriculture and as classified by the Soil Survey of
York County, Pennsylvania; or
(b)
On land which cannot feasibly be farmed due to one or more of
the following:
B.
The burden of proof concerning a lot's unsuitability of agricultural
production shall be upon the applicant.
C.
Where location in accordance with Subsection 14A(1)(a) is not feasible, the Zoning Hearing Board may approve nonfarm special exception uses to be located on lots containing higher quality soils. However, in all cases, such nonfarm uses shall be located on the least agriculturally productive land feasible, so as to minimize interference with agricultural production.
D.
In their review of special exception requests in the Agricultural
Zone, the Zoning Hearing Board shall consider the following factors:
(1)
Location of the proposed use in relation to the remainder of
the parent tract and to adjacent subdivided lots.
(2)
Location of the proposed use on the least agriculturally productive
land feasible, so as to minimize interference with agricultural production.
(3)
Potential of the proposed use interfering with any surrounding
parcel's agricultural use.
[Ord. 2002-01, 2/7/2002, § 606]
In the A and GC Zones and subject to the requirements of the
zone in which the property is located, except as herein modified and
provided:
A.
Lot area: 10 acres minimum.
B.
The approach zone to any of the proposed runways or landing strips
shall be in accordance with the regulations of applicable federal
and/or state agencies.
C.
There shall be no exiting flight obstructions such as towers, chimneys
or other tall structures or natural obstructions outside of the airport
and located within the proposed approach zones.
D.
Any building, hanger or structure shall be located a sufficient distance
away from the landing strip in accordance with the recommendations
of applicable federal and/or state agencies.
E.
Building heights in airport approach zones shall be limited to provide
a clear glide path from the end of the usable landing strip. The glide
path shall be a plane surface laid out in accordance with the operating
characteristics of the aircraft for which the airport is designed.
The first 500 feet of the glide path shall be wholly within the airport
property.
[Ord. 2012-1, 10/15/2012[1]]
Accessory alternative energy systems may be permitted as accessory
uses and structures customarily incidental to any of the permitted
uses, subject to the area and development regulations of the applicable
zoning district as well as the provisions below. Principal alternative
energy systems may be permitted as principal uses and structures,
subject to the area and development regulations of the applicable
zoning district as well as the provisions below.
A.
Solar Energy Systems.
(2)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories,
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer specifications shall be
submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure
solar access without reliance on and/or interference from adjacent
properties.
(4)
All solar energy systems shall be designed and located in order
to prevent reflective glare toward any adjacent properties as well
as any adjacent street rights-of-way.
(5)
All solar energy systems shall be designed and located in order
to prevent any additional heat load upon any adjacent properties as
well as any adjacent street rights-of-way.
(6)
All on-site utility and transmission lines for solar energy
systems shall be placed underground.
(7)
All solar energy systems shall, to the extent feasible, be sited
so that tree removal is not required, or where absolutely required,
minimized to the greatest extent possible.
(8)
Roof- and wall-mounted solar energy systems shall be sited in
accordance with the following:
(a)
Solar energy systems located on the roof of any structure shall
not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure
shall not extend vertically above the highest point (peak) of the
pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure that
is visible from the front yard should be the same slope as, or parallel
to, the pitched roof.
(d)
Solar energy systems located on a flat roof shall not extend
vertically more than 10 feet above the height of the existing roof.
In all zoning districts, such facilities shall be screened by parapets,
walls, fences, or other approved means as viewed from the lot line,
except for the I-Industrial District.
(e)
All solar energy systems mounted on roofs and walls of any structure
shall be subject to the maximum height regulations specified within
the applicable zoning district.
(f)
Solar energy systems located on a wall of any structure shall
not extend more than two feet into any required side or rear yard
setback area.
(9)
Placement of ground-mounted, freestanding solar energy systems
shall meet the setback regulations of the underlying zoning district
as well as the provisions below:
(a)
On any lot less than 1/2 acre and in residential use, no ground-mounted,
freestanding solar energy system shall be permitted.
(b)
For purposes of determining the maximum area of all ground-mounted,
freestanding solar energy systems, the maximum area shall be considered
the total area of the cumulative solar panels; where two or more panels
are grouped together, the total dimensions (length and/or width) of
each panel shall be the cumulative dimension of the panels.
(c)
The total area of ground-mounted, freestanding solar energy
systems shall count toward the maximum permitted impervious area of
the lot in the applicable zoning district, and such ratio may be increased
for any lot in each zoning district by an additional 5% in order to
accommodate ground-mounted, freestanding solar energy systems. The
building area of the freestanding solar energy systems shall not be
counted as impervious area.
(d)
Vegetation beneath a ground-mounted, freestanding solar energy
system shall be properly maintained at all times in accordance with
the Manheim Township yard maintenance code.
(e)
Stone stormwater infiltration trenches or other stormwater best
management practices shall be installed which, in the opinion of the
Township Engineer, properly manage stormwater runoff from solar panels
over 500 square feet in building area in accordance with the Manheim
Township stormwater management regulations.
(10)
Prior to the issuance of a permit for the installation of a
principal solar energy system, the applicant shall provide the Zoning
Officer with:
(a)
A completed glare study ensuring that reflective glare is not
directed towards or upon any adjacent properties or any adjacent street
rights-of-way. The glare study shall include:
1)
The angle of the solar collector system panels, arrays, cells,
etc., at the location;
2)
A diagram showing the maximum and minimum angles of reflective
glare from the solar collector system panels, arrays, cells, etc.,
at the location and the relationship of that glare to adjacent properties,
structures and rights-of-way; and
3)
A mitigation plan that limits or eliminates reflective glare
on adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer registered by the
Commonwealth of Pennsylvania that the proposed installation of the
solar energy system will not exceed the structural capacity of the
building or other structure, considering wind and other loads associated
with any solar energy system and applicable requirements of the Manheim
Township Building Code;[3] and
(c)
Confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
(11)
The applicant shall maintain the solar energy system in a safe
condition and good repair at all times. Whenever a solar energy system
becomes structurally unsafe or endangers the safety of the structure
or premises, or endangers the public safety, the Zoning Officer shall
give written notice to the owner of the premises on which the solar
energy system is located that such solar energy system shall be made
safe or removed. The disposal of solar energy systems shall comply
with all applicable Township, County, State, and Federal regulations.
B.
Wind Energy Systems.
(2)
The design and installation of all wind energy systems shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, or as approved under an emerging technology program
such as the California Energy Commission, International Electrotechnical
Commission, or any other wind certification program recognized by
the American Wind Energy Association (AWEA) or the U.S. Department
of Energy. The manufacturer specifications shall be submitted as part
of the application.
(3)
On any lot less than five acres in residential use, no more
than one accessory wind turbine tower shall be permitted per lot.
[Amended by Ord. 2013-2, 10/21/2013]
(4)
All on-site utility and transmission lines for wind energy systems
shall be placed underground.
(5)
All wind turbines and towers shall have a flat finish and nonobtrusive
colors such as white, off-white, or gray as applied by the manufacturer
in order to reduce the visual impact. Wind turbine towers may be painted
brown up to the height of nearby trees.
(6)
All wind energy systems shall be equipped with manual—electronic
or mechanical—and automatic overspeed controls to limit the
blade rotation speed to within the design limits of the wind energy
system.
(7)
Principal wind energy systems shall not be installed in any
location where they would interfere with existing fixed broadcast,
retransmission, or reception antennas. This includes interference
with residential radio, television, or wireless phone, or other personal
communication system, reception. No wind energy system shall be installed
in any location along the major axis of an existing microwave communication
link where its operation is likely to produce electromagnetic interference
in the link's operation.
(8)
All wind energy systems shall, to the extent feasible, be sited
to prevent shadow flicker on any adjacent properties as well as any
adjacent street rights-of-way.
(9)
Noise from wind energy systems shall not exceed 55 decibels
or 10 decibels above ambient noise in any one hour, whichever is higher.
The fifty-five-decibel or ten-decibel level may be exceeded during
short-term events such as utility outages and severe wind storms.
Noise shall be measured at the property line at ground level. The
ambient sound measurement, known as "A-weighted sound level," is taken
where the noise from the wind turbine cannot be heard, or with the
wind turbine shut down. The ambient sound level shall be considered
the level that is exceeded 90% of the time when the noise measurements
are taken. The fifty-five-decibel or ten-decibel level may be exceeded
during short-term events such as utility outages and/or severe wind
storms.
(10)
No part of any wind energy system, including the turbine, shall
be erected or located in any required yard setback area.
(11)
Wind turbines which are not roof mounted shall be set back from
all lot lines, streets, rights-of-way, and overhead utility lines
a distance no less than the total wind turbine height.
(12)
The maximum height of wind turbines shall comply with the following:
(a)
For all roof-mounted wind turbines, the height of the wind turbine
shall not exceed the height of the existing building by more than
10 feet.
(b)
For lots less than one acre in area, wind turbines shall be
roof mounted, and the maximum rotor diameter for such wind turbines
shall be six feet.
(c)
For lots greater than or equal to one acre, wind turbines may
be sited on wind turbine towers; the turbine height shall be limited
to 120 feet.
(d)
The maximum height of any wind turbine in the General Commerce
or Agricultural District, regardless of lot area, shall be 200 feet.
(13)
For all wind energy systems not otherwise mounted on a roof,
unauthorized access to the wind turbine and wind turbine tower shall
be prevented by design, with a minimum of 15 feet from the ground
to the bottom of any ladder. All doors to the wind turbine and tower
shall be locked.
(14)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground. If the wind turbine proposed is
a vertical axis wind turbine (also referred to as a "helix type" turbine
or a "VAT"), the height between the lowest point of the turbine and
the ground may be reduced to eight feet.
(15)
Wind energy systems shall meet all Federal Aviation Administration
(FAA) regulations, and no wind energy system may be artificially lighted
except when required by the FAA.
(16)
Wind energy systems shall not display advertising, except for
reasonable identification of the wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
(17)
Accessory buildings and structures necessary for storage cells
and/or related mechanical equipment shall meet the requirements of
the underlying zoning district.
(18)
Wind energy systems on lots in nonresidential uses shall provide
fencing and landscaping in accordance with the following:
(a)
Except for wind turbines mounted on existing structures, an
eight-foot-high fence shall be provided around the wind energy system
and any other wind-energy-system-related ground level features (such
as a building and appurtenant structures).
(b)
The following landscaping shall be provided to screen as much
of the wind energy system as possible, any fence surrounding the wind
energy system and any other ground level features (such as a building).
The Township may permit any combination of existing vegetation, topography,
walls, decorative fences or other features, instead of landscaping,
if they achieve the same degree of screening as the required landscaping.
If a wind turbine is mounted on an existing structure, and its related
storage cells and/or related mechanical equipment are housed inside
an existing structure, landscaping shall not be required.
1)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
2)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(19)
The following items shall accompany the permit application for
nonaccessory wind energy systems:
(a)
A site plan showing:
1)
Lot lines and physical dimensions of the subject property within
two times the total height from the tower location.
2)
Location, dimensions, and types of existing structures on the
property.
3)
Location of the proposed wind energy system tower, foundations,
guy anchors, and associated equipment.
4)
The right-of-way of any public street abutting the property.
5)
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer
and model, rotor diameter, tower height, and tower type—freestanding
or guyed.
(c)
Certification from a professional engineer registered by the
Commonwealth of Pennsylvania that the tower has been designed and
will be constructed in accordance with the current industry standards
and applicable requirements of the Manheim Township Building Code.[5] A copy of the foundation analysis shall also be provided.
(20)
Prior to the issuance of a permit for the installation of a
wind energy system, the applicant shall provide the Zoning Officer
with confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator, and also approval of such connection. Off-grid systems
shall be exempt from this requirement.
(21)
The owner of the wind energy system shall be required to dismantle
and remove the wind energy system, including all structures, facilities,
appurtenances, etc., within six months of the time when the wind energy
system is abandoned and no longer maintained. The owner shall be required
to provide secure access and prevent general public access to the
facility within 60 days of abandonment.
(22)
The applicant shall maintain the wind energy system in a safe
condition and good repair at all times. Whenever a wind energy system
becomes structurally unsafe or endangers the safety of the structure
or premises, or endangers the public safety, the Zoning Officer shall
give written notice to the owner of the premises on which the wind
energy system is located that such wind energy system shall be made
safe or removed. The disposal of wind energy systems shall comply
with all applicable Township, County, State, and Federal regulations.
C.
Geothermal Energy Systems.
(2)
The design and installation of geothermal systems and related
boreholes for geothermal heat pump systems shall conform to applicable
industry standards, including those of the American National Standards
Institute (ANSI), the International Ground Source Heat Pump Association
(IGSHPA), the American Society for Testing and Materials (ASTM), the
Air-Conditioning and Refrigeration Institute (ARI), or other similar
certifying organizations. The manufacturer specifications shall be
submitted as part of the application.
(3)
All geothermal energy systems on lots having a net acreage of
less than five acres shall be closed-loop type systems (i.e., closed
horizontal or closed vertical). Open-loop systems shall only be permitted
on lots with a net acreage of five acres or more.
(4)
Geothermal energy systems shall meet the required setback distances
to include distances from the geothermal energy systems' above-grade
and below-grade equipment to adjacent lot lines, street right-of-way
lines, and easements.
D.
Outdoor Wood-Fired Boilers.
(1)
All outdoor wood-fired boilers shall be installed to meet PA
DEP Chapter 123.14 requirements related to minimum setbacks and minimum
chimney or stack heights.[7] In addition, the following minimum setbacks apply to all
newly installed outdoor wood-fired boilers:
(a)
Outdoor wood-fired boilers shall be set back a minimum of 100
feet from the street right-of-way or front property line, and a minimum
of 50 feet from side and rear property lines.
[7]
Editor's Note: See 25 Pa. Code § 123.14.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 607]
In the GC Zone and subject to the requirements of that zone
as herein modified and provided:
A.
All activities shall take place within a wholly enclosed building.
B.
The applicant must furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the arcade.
C.
A minimum of one parking space for each 80 square feet of gross leasable
floor area shall be provided. In addition, any accessory uses (e.g.,
snack bar) shall also require parking to be provided in accordance
with the schedule listed in § 304 of this chapter.
D.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare, litter.
[Ord. 2002-01, 2/7/2002, § 608]
Within the A, V and GC Zones and subject to the requirements
of the zone in which located, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Setbacks. All buildings, dog runs, fenced enclosures and similar
structures shall be located at least 100 feet from all property or
street lines.
C.
All boarding areas shall be completely within a wholly enclosed building.
D.
All outdoor running areas shall be fenced in a manner that restricts
access and provides for a full enclosure.
E.
The applicant shall furnish credible evidence that any and all other
state and/or federal approvals have been obtained or that none are
required prior to the application for any permit authorizing the erection
or use of any structure or land for a kennel.
F.
The applicant shall furnish credible evidence of an effective and
recognized acceptable manner for the disposal of animal waste and
carcasses.
G.
The owner/operator shall be responsible to exercise reasonable control
over the animals and shall not allow a nuisance condition to be created
in terms of excessive noise, dirt or odor.
[Ord. 2002-01, 2/7/2002, § 609]
Within the A, RR, V and GC Zones, and subject to the requirements
of the zone as herein modified and provided:
[Ord. 2002-01, 2/7/2002, § 610]
In the V and GC Zones and subject to the requirements of the
zone in which the property is located, except as herein modified and
provided:
A.
Off-street parking for the residential dwelling must be provided
in addition to the parking required for the commercial use.
B.
Within the General Commerce Zone, no more than one such apartment
shall be permitted per lot.
C.
Within the Village Zone, no more than two such apartments shall be
permitted per lot.
D.
The applicant shall provide credible evidence that adequate water
supply and sewage disposal facilities are provided.
[Ord. 2002-01, 2/7/2002, § 611]
Within the RR and V Zone and subject to the requirements of
those zones, except as herein modified and provided:
A.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
B.
The lot on which the existing building to be converted is located
shall meet the height, area, setback and coverage requirements of
the underlying zone.
C.
There shall be a minimum of 4,000 square feet of lot area per dwelling
unit.
[Ord. 2002-01, 2/7/2002, § 612]
In the A, RR and V Zones and subject to the requirements of
the zone in which the property is located, except as herein modified
and provided:
A.
The maximum guest stays shall be limited to 30 days.
B.
A maximum of eight guest rooms shall be provided.
C.
Meals shall only be served to overnight lodgers.
D.
A minimum of one off-street parking space per guest room shall be
provided in addition to the required parking for the dwelling unit.
E.
One sign may be erected on the property. The maximum size shall be
four square feet and it may be illuminated only by indirect lighting.
F.
The inn must comply with local regulations regarding all applicable
permits, including, but not limited to: fire, health and building
codes.
G.
Bed-and-breakfast operations shall be conducted so as to be clearly
incidental and accessory to the primary use of the site as a single-family
dwelling.
[Ord. 2002-01, 2/7/2002, § 613]
1.
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
2.
Lot area: one acre minimum.
3.
Lot width: 150 feet minimum.
4.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan. Traffic routes and exits shall
be far enough from houses so that truck noise and vibration will be
minimized.
5.
A buffer yard 50 feet wide must be located on the site in all instances
where the site adjoins a residential use. The buffer yard shall be
naturally landscaped, have no impervious cover and shall not be used
for building, parking, loading or storage.
6.
The applicant shall provide a detailed description of any environmental
impacts that are likely to be generated (e.g., odor, noise, smoke,
dust, litter, glare, vibration, electrical disturbance, waste water,
stormwater, solid waste, etc.) and the specific measures that will
be implemented to mitigate or eliminate the impacts. The applicant
shall provide credible evidence that the impacts generated by the
proposed use fall within acceptable levels as regulated by applicable
state and federal laws and regulations.
7.
Chemical or other hazardous materials may only be stored in a manner
that will not create a public health hazard or a public nuisance and
may only be stored or disposed of according to federal and state regulations.
[Ord. 2002-01, 2/7/2002, § 614]
The conversion of all or a portion of an existing building for
a business use shall be subject to the procedures and requirements
specified below:
A.
Permitted Uses. The conversion of an existing residential structure
to a nonresidential use or an existing nonresidential use to another
nonresidential use shall be for a use permitted within the applicable
zone in which the building is located. The conversion can be a total
conversion from residential use or a conversion of a portion of the
premises, with the retention of one or more dwelling units [as in
the case of a first-floor retail or office use with apartment(s) on
the second and higher floors].
B.
Use, Area and Bulk Regulations. All use, area and bulk regulations
of the prevailing zoning district shall apply.
C.
Parking Requirements. Off-street parking spaces shall be provided
on said lot for each distinct use located on it, in accordance with
§ 304.
D.
If apartment units are proposed, each unit shall be provided with
separate and complete kitchen facilities, flush toilet(s) and bathing
facilities within the unit.
E.
Fire escapes where required shall be located on the rear and/or the
interior side of the building. A sketch of the proposed fire escape
location shall be supplied as part of the application for zoning approval.
[Ord. 2002-01, 2/7/2002, § 615]
In the A and C Zones and subject to the requirements of the
zone in which the property is located, except as herein modified and
provided:
A.
Lot area: five acres minimum.
B.
Setbacks. All campsites shall be located at least 50 feet from any
property line and 100 feet from any street line.
C.
The proposed campground must comply with the appropriate health,
sanitary and safety regulations of Manheim Township and the Commonwealth
of Pennsylvania.
D.
Each campsite shall provide a minimum of 1,500 square feet and shall
either provide parking space for one automobile, which will not interfere
with the convenient and safe movement of traffic, or equivalent parking
shall be provided in a common area or lot.
E.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings and open spaces.
F.
Consideration shall be given to traffic problems. If the nature of
the campground is such that it will generate a high volume of vehicular
traffic, the access should be via an major or minor collector street
as designated by the Township Comprehensive Plan.
[Ord. 2002-01, 2/7/2002, § 616]
Within all zones and subject to the requirements of the zone
in which located, except as herein modified and provided:
A.
Off-street parking for the residential dwelling must be provided
in addition to the parking required for the commercial or industrial
use.
B.
No more than one such dwelling shall be permitted per lot.
C.
The applicant shall provide credible evidence that adequate water
supply and sewage disposal facilities are provided.
[Ord. 2002-01, 2/7/2002, § 617]
In A or RR Zones and subject to the requirements of the zone
in which located, except as herein modified and provided:
A.
All burial plots or facilities shall be located in accordance with
the applicable setbacks of the district in which they are located.
B.
Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery.
C.
No burial plots or facilities are permitted on floodplain land.
D.
All cemeteries shall be separated from adjoining streets and properties
by a substantial fence or hedge which is acceptable to the Township.
[Ord. 2002-01, 2/7/2002, § 618]
Within all zones and subject to the requirements of the underlying
zone, except as herein modified and provided, churches and related
uses are subject to the following criteria:
A.
Churches.
(1)
The minimum lot area shall be two acres, and the minimum lot
width shall be 200 feet.
(2)
The minimum front, side and rear yards shall be 50 feet.
(3)
(4)
All off-street parking facilities shall be provided in accordance
with the provisions of § 304 and shall be at least 25 feet
from the street right-of-way line.
B.
Church-Related Residences.
(1)
Residences located on the same parcel as the church shall be
subject to the same standards for detached single-family dwellings
in the underlying district.
C.
Church-Related Educational or Day-Care Facilities.
(1)
All educational or day-care uses shall be accessory and located
upon the same lot as a house of worship.
(2)
If education is offered below the college level, an outdoor
play area shall be provided as follows:
(a)
Outdoor play areas shall be provided at a rate of 100 square
feet per individual enrolled.
(b)
Off-street parking areas shall not be used as outdoor play areas.
(c)
Outdoor play areas shall not be located within the front setback
and shall be set back 25 feet from all property lines.
(d)
Outdoor play areas shall be completely screened from adjoining
residentially used or zoned land.
(3)
Enrollment shall be defined as the largest number of students
and/or children under day-care supervision at any one time during
a seven-day period.
(4)
Passenger dropoff areas shall be provided and arranged so that
passengers do not have to cross traffic lanes on or adjacent to the
site.
(5)
All educational or day-care uses shall be governed by the location,
height and bulk standards imposed upon principal uses within the underlying
zone.
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10 and/or one off-street parking space for each
three students, grades 10 and above.
D.
Church-Related Recreation Standards.
(1)
All church-related recreational facilities shall be accessory
to, and be located upon, the same parcel as a house of worship.
(2)
Church-related recreational facilities shall be set back 50
feet from all property lines and street rights-of-way.
(3)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the church-related
recreational facility, one off-street parking space shall be provided
for every three estimated users of the facility.
[Ord. 2002-01, 2/7/2002, § 619]
In V or GC Zones and subject to the requirements of the zone
in which located, except as herein modified and provided:
A.
Access must be via an major or minor collector street as designated
by the Township Comprehensive Plan.
B.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare, or litter.
C.
Buffers and screens shall be provided in accordance with this chapter
to screen the use form adjoining streets and properties. This includes,
but is not limited to, fences, walls, plantings and open spaces.
[Ord. 2002-01, 2/7/2002, § 620]
1.
General Requirements for Co-Location of Facilities.
A.
The applicant for the co-location of facilities shall be required
to submit a building permit application for approval.
2.
General Requirements for Communications Antennas and Communications
Buildings.
A.
Building-mounted communications antennas shall not be located on
any residential structure.
B.
Building-mounted communications antennas shall be permitted to exceed
the height limitations of the applicable zoning districts by no more
than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed eight
feet in height and two feet in width.
E.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on
a building or structure shall submit detailed construction and elevation
drawings indicating how the antennas will be mounted on the structure
for review by the Township Engineer.
G.
Any applicant proposing communications antennas to be mounted on
a building or structure shall submit evidence of agreements and/or
easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment can be accomplished.
H.
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference
with other communications facilities located within Manheim Township.
J.
A communications equipment building shall be subject to the height
and setback requirements of the applicable zoning district for an
accessory building.
K.
The owner and operator of communications antennas shall be licensed
by the Communications Commission to operate such antennas and shall
provide a copy of such license to the Township.
3.
General Requirements for Communications Towers.
A.
The applicant shall be required to submit to the Township evidence
of the need for the communications tower and that all alternatives
as presented hereafter have been exhausted prior to application for
the use within the Township. Applicants are required to prove need
by:
B.
Providing evidence, including coverage diagrams and technical reports,
that, in terms of location and construction, there are no existing
towers, communications towers, buildings or structures able to provide
the platform for the necessary equipment for one or more of the following
reasons:
(1)
Planned equipment would exceed the structural capacity of the
existing communications towers, buildings or structures, and existing
communications towers, buildings or structures, cannot be reinforced
to accommodate planned or equivalent equipment at a reasonable cost.
(2)
Planned equipment will cause interference with other existing
or planned equipment for that communications tower, building or structure
and the interference cannot be prevented at a reasonable cost.
(3)
Existing or approved communications towers, buildings or structures
do not have the space on which planned equipment can be placed so
it can function effectively and at least be in parity with other similar
equipment in place or planned.
(4)
Other reasons make it impractical to place the equipment by
the applicant on existing and approved communications towers.
C.
The applicant shall present credible evidence regarding the construction
methods or other measures used to prevent the structural failure of
any structure and the scattering of ice onto adjoining properties
and/or roads.
D.
Any communications tower that is of a height that would require attached
lighting shall be as required by standards of the Federal Aviation
Administration (FAA). Other lighting shall be permitted in accordance
with the provisions contained elsewhere in this chapter.
E.
Communications towers may not be located on a lot that is listed
on a historic register or in an officially designated state or federal
historic district.
F.
Communications towers shall be no closer than 1,000 feet from another
communications tower, such distance being measured as a horizontal
distance from tower to tower.
G.
The applicant for a communications tower must execute an agreement
with Township, in a recorded instrument legally sufficient to the
Township, reviewed by the Solicitor, requiring the removal of the
communications tower within one year after the communications tower
ceases to function as such. Removal of the communications tower shall
include the tower, all appurtenances or component parts thereof, including
any associated buildings or structures.
(1)
Responsibility of Owner and Occupant of Premises for Removal.
No person, firm or corporation owning or occupying any property within
Manheim Township shall permit, leave or cause to be left any communications
tower, appurtenances or component part thereof, including any associated
buildings or structures on said property on and after the aforesaid
one year period. A communications tower, all appurtenances or component
part thereof, including any associated buildings or structures, so
remaining on the premises after the prescribed removal date shall
be deemed in violation of the provisions of this section.
(2)
Notice to Conform. Manheim Township is hereby authorized, and
directed to give notice, by personal service or U.S. mail, to the
owner or occupant, or both, as the case may be, by certified mail,
of the violation of the provisions of this chapter and directing and
requiring said owner or occupant to conform with the requirements
of this chapter within 30 days after issuance of such notice.
(3)
Violations and Penalties. In case any person, firm or corporation
shall neglect, fail or refuse to comply with said notice within the
period of time stated therein, Manheim Township may enter the premises
and remove the communications tower, all appurtenances or component
parts thereof, including any associated buildings or structures. In
such event, all costs associated with the removal, together with reasonable
attorney's fees and any additional payment authorized by law,
may be collected by Manheim Township from such person, firm or corporation
in the manner provided by law for collection of municipal claims or
by an action of assumpsit.
H.
A security fence and gate, of approved design, of not less than eight
feet, including barbed wire at the top, shall completely enclose the
communications tower and anchor locations of guy wire (if used). This
fencing shall be designed to be compatible with surrounding land uses.
I.
The applicant shall submit a landscaping plan. Landscaping requirements shall be in accordance with the requirements of the governing Subdivision and Land Development Ordinance [Chapter 22].
(1)
Landscaping, consisting of approved evergreen trees, shall be required at the perimeter of the security fencing. Layout and type of trees permitted shall be as set forth in the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
This requirement may be waived by the Township if there is existing
acceptable vegetation along the property lines.
J.
A minimum of one parking space shall be required. Spaces shall meet
requirements of this chapter. Parking spaces may be surfaced with
a durable and dustless gravel surface.
K.
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement of 20 feet
in width and shall be improved to a width of at least 12 feet.
L.
Internal access to the communications tower shall be paved and maintained in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], shall be a minimum of 12 feet wide, and extend a minimum of 35 feet from the edge of any public street. The length of the driveway beyond this 35 feet shall, at a minimum, be surfaced with a minimum six-inch gravel base.
M.
Communications towers shall be fully automated and unattended on
a daily basis. The site shall be visited only for periodic maintenance.
N.
The communications equipment building shall be identified as an accessory
building, and the applicable regulations for the host zoning district
shall apply.
O.
Guy wires, if utilized, may not be anchored in any setback area of
the host zoning district. Guy wires shall not cross or encroach any
overhead telephone or electric power lines.
P.
Tower height shall be measured from the top of the foundation to
the top of the tower.
Q.
A security gate shall be required to be installed a minimum of 45
feet from the center line of the public or private roadway.
R.
The applicant shall be required to have control over any land that
is within a required setback area of this chapter. This control, submitted
in writing, may be either in the form of ownership, lease or recorded
easement, as reviewed by the Solicitor.
S.
The applicant shall submit a copy of its current Federal Communications
Commission license: the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the amount
$1,000,000 per occurrence covering the communications tower and communications
antennas.
T.
No communications tower shall be located closer than 500 feet from
any residential structure or from any existing structure, playground,
ballfield or other area used for active recreation within a municipal
park or school.
U.
No more than 10,000 square feet of clear-cutting of wooded areas
shall be allowed for the site area of the communications tower.
V.
Setbacks shall be no less than the total tower height from adjacent
property lines and public road right-of-way lines. Such distance shall
be in a straight line from the communications tower to the appropriate
line. This setback shall be increased by an additional 150 feet if
any residential zone abuts the property in which the communications
tower is located.
[Ord. 2002-01, 2/7/2002, § 621]
In an A and GC Zones and subject to the requirements of the
underlying zone, except as herein modified and provided:
A.
Access must be via an major or minor collector street as designated
by the Township Comprehensive Plan.
B.
No sale of general hardware, power tools or motorized equipment is
permitted. No outdoor display of tools or equipment is permitted.
C.
Within the A Zone, the display and sale of items not grown on the
premises shall be incidental to the nursery operation. The display
area for these items shall not exceed 25% of the total gross display
and sales area on the subject property.
D.
All outdoor display areas shall be set back at least 50 feet from
the street right-of-way line.
E.
All structural improvements (including parking and loading facilities,
but not including a freestanding sign) shall be screened from adjoining
residentially used or zoned land.
F.
One freestanding or attached sign may be permitted advertising the
business. Such sign shall not exceed 32 square feet in size and must
be set back at least 10 feet from all street and lot lines.
G.
All greenhouses and nurseries that do not have vehicular access to
an major or minor collector road, as identified in the Township Comprehensive
Plan, shall be further restricted, as follows:
[Ord. 2002-01, 2/7/2002, § 622]
In the V and GC Zones and subject to the requirements of the
zone in which the property is located, except as herein modified and
provided:
[Ord. 2002-01, 2/7/2002, § 623]
Within the V or GC Zones and subject to the requirements of
the zone in which located, except as herein modified and provided:
A.
The use shall meet all requirements for certification by the State
of Pennsylvania where required.
B.
Outdoor play areas shall be sufficiently screened so as to protect
the neighborhood from inappropriate noise and other disturbances.
C.
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
D.
At least one parking space for each person employed plus one space
for every two people to be served by the facility shall be provided.
E.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site and shall be arranged so that vehicles
do not have to back onto streets to exit the site.
[Ord. 2002-01, 2/7/2002, § 624]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
All lights shall be directed toward the business and downward on
the lot.
C.
No outdoor stockpiling or storage of trash is permitted. No materials
may be stored so as to create a fire hazard.
[Ord. 2002-01, 2/7/2002, § 625]
Within the A Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
The ECHO housing may not exceed 900 square feet of floor area.
B.
The total building coverage for the principal dwelling, any existing
accessory structures and the ECHO housing together shall not exceed
the maximum limitation of a zone.
C.
The ECHO housing shall be occupied by a maximum of two people which
shall be elderly, handicapped or disabled persons related to the occupants
of the principal dwelling by blood, marriage or adoption.
D.
The landowner shall enter into an agreement with the Township, which
shall be recorded, that sets forth the understandings and limitations
of the ECHO housing.
E.
Change in use of the ECHO housing to any use not specifically approved by the Township shall require additional approvals by the Township, including, but not limited to, approval under the Township Subdivision and Land Development Ordinance [Chapter 22].
F.
Utilities.
(1)
For sewage disposal and water supply and all other utilities,
the ECHO housing shall be physically connected to those systems serving
the principal dwelling. No separate utility systems or connections
shall be constructed or used. All connections shall meet the applicable
utility company standards.
(2)
If on-site sewer or water systems are to be used, the applicant
shall submit evidence to the Zoning Hearing Board showing that the
total number of occupants in both the principal dwelling and the ECHO
housing will not exceed the maximum capacities for which the one-unit
systems were designed, unless those systems are to be expanded, in
which case the expansion approvals are to be submitted. Any connection
to or addition to an existing on-site sewer system shall be subject
to the review and approval of the Sewage Enforcement Officer.
(3)
A minimum of one off-street parking space, with unrestricted
ingress and egress to the street, shall be provided for the ECHO housing,
in addition to that required for the principal dwelling.
(4)
The ECHO housing shall be installed and located only in the
side or rear yard and shall adhere to all side and rear yard setback
requirements for principal uses.
(5)
The ECHO housing shall be removed from the property within 12
months after it is no longer occupied by a person who qualifies for
the use.
(6)
Upon the proper installation of the ECHO housing, the Zoning
Officer shall issue a temporary zoning permit. Such permit shall be
reviewed every 12 months until such time as the ECHO housing is terminated.
[Ord. 2002-01, 2/7/2002, § 626]
Within all zones and subject to the requirements of those zones,
except as herein after provided:
A.
Unless relief is granted through a special exception from the Zoning
Hearing Board, front, side and rear setbacks shall be provided in
accordance with the regulations of the zone in which the property
is located.
B.
The height of building or structure shall not exceed that required
by the zone regulations.
C.
Unhoused equipment shall be enclosed with a chain-link fence six
feet in height.
D.
Housed Equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required.
E.
Screen Planting in Residential Zones and Adjacent to Residentially Occupied Lots. The required fence for unhoused equipment shall be screened in accordance with the requirements of this chapter and of the Township Subdivision and Land Development Ordinance [Chapter 22].
F.
The external design of the building shall be in conformity with the
architectural character of the buildings in the surrounding area.
G.
Storage of Vehicles. In residential districts, essential services
facilities shall not include the exterior storage of vehicles or equipment
used in the maintenance of any utility.
[Ord. 2002-01, 2/7/2002, § 627]
Within all zones and subject to the requirements of the underlying
zone, except as herein modified and provided:
A.
All family day-care homes shall be conducted within a detached single-family
dwelling.
B.
All family day-care homes with enrollment of more than three minors
shall furnish a valid registration certificate for the proposed use,
issued by the Pennsylvania Department of Public Welfare.
C.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that passengers do not have to cross traffic lanes on
or adjacent to the site or back onto streets to exit the site.
[Ord. 2012-1, 10/15/2012[1]]
Farm and construction sales and service are permitted within
the A and GC Zones and subject to the requirements of the underlying
zone except as herein modified and provided. Lawn and garden sales
and service are permitted within the A, V and GC Zones, subject to
the requirements of the underlying zone except as herein modified
and provided.
A.
Access must be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
All structural improvements (including parking and loading facilities,
but not including a freestanding sign) shall be screened from adjoining
residentially used or zoned land.
C.
One freestanding or attached sign may be permitted advertising the
business. Such sign shall not exceed 32 square feet in size and must
be set back at least 10 feet from all street and lot lines.
D.
Any outdoor display of articles for sale shall be at least 10 feet
from any property or street line.
E.
Any outdoor storage of supplies, materials, or products shall be
located behind the building in which the farm and construction equipment
sales and service are located. Such outdoor storage shall also be
screened from adjoining roads and properties.
F.
A planting strip shall be provided in accordance with Part 3 of this Chapter. The planting strip shall have no impervious cover and shall not be used for building, parking, loading, or storage.
G.
Parking shall be provided in accordance with the requirements of
this Chapter.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 628; as amended by Ord.
2008-01, 10/20/2008]
Within the A, RR and GC Zones and subject to the requirements
of the underlying zone, except as herein modified and provided:
A.
For the purposes of this chapter, farm occupations may involve the
following uses:
B.
Facilities for the service and repair of farm machinery and equipment
and small engines.
C.
Facilities contributing to the agrarian lifestyle characteristic
of the residents of Manheim Township. Such facilities include, but
are not limited to:
(1)
Arts and crafts manufacturing, with a retail sales display area
not to exceed 1,000 square feet.
(2)
Antique shops with a total area not to exceed 1,000 square feet.
(3)
Blacksmith and tool sharpening shops.
(4)
Carriage, buggy, wagon and related appurtenances manufacturing,
sales and service.
(5)
Carpenters.
(6)
Woodworking, furniture and cabinet making shops.
(7)
Metalworking shops.
(8)
Country housewares, hardware and dry goods stores with retail
display area not exceeding 1,000 square feet.
(9)
Butcher shops.
(10)
Tailor and shoe shops.
(11)
Grain mills.
(12)
Processing of locally produced agricultural products.
(13)
Veterinary offices which primarily treat farm animals; stables;
kennels.
(14)
Feed supply, feed and fertilizer distribution.
D.
No more than two acres of land shall be devoted to such use, including
areas used for structures, parking, storage, display, setbacks, landscaping,
etc. However, any lane serving the farm related business and a home
and/or farm contained upon the same lot shall not be included as lot
area devoted to the farm related business.
E.
At least one owner of the farm occupation must live on the property
on which the farm occupation is conducted. No more than four nonresidents
shall be employed by each farm occupation.
F.
All farm occupations shall be conducted upon the same lot as an actively
farmed parcel.
G.
Any outdoor storage of supplies, materials or products shall be located
behind the building in which the farm occupation is located. Such
outdoor storage shall also be screened from adjoining roads and properties.
H.
Any activities that produce noxious dust, odor, light or noise, perceptible
at the property line are prohibited.
I.
Where the farm occupation is permitted only by special exception,
the Zoning Hearing Board may attach additional conditions upon a farm
occupation to preserve the agricultural character of the area, and
protect adjoining uses.
J.
Total signage for a farm occupation shall not exceed 32 square feet
in area.
K.
No mobile home shall be used for a farm occupation.
L.
Each farm occupation shall occupy no more than 4,000 square feet
of gross floor area, unless noted otherwise.
[Ord. 2002-01, 2/7/2002, § 629]
Within the A, C, RR, V and GC Zones and subject to the requirements
of those zones, except as hereinafter provided:
A.
Farm produce markets shall be provided for the sale of agricultural
products where at least 50% of the products are produced by the market
owner/operator on lands under their direct ownership or control.
B.
Any structure constructed to display such goods shall be 600 square
feet or less in size, be located at least 50 feet from any side or
rear property line and have a maximum height of 20 feet. The maximum
area within any existing structure used for the display of such goods
shall not exceed 600 square feet in size.
C.
The structure shall be set back at least 20 feet from the street
right-of-way and shall not create any obstructions to vision (see
§ 401).
D.
Off-street parking shall be provided for all employees and customers
(see § 304).
E.
One sign with up to two faces shall be permitted. The maximum size
of any one face shall not exceed 16 square feet in area. The total
area of both sign faces shall not be greater than 32 square feet in
area.
[Ord. 2002-01, 2/7/2002, § 630; as amended by Ord.
2012-1, 10/15/2012]
Within the V and GC Zones and subject to the requirements of
the underlying zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
All height, area, setback and coverage standards within the underlying
zone shall apply.
C.
All off-street parking lots shall be set back 25 feet and screened
from adjoining street and property lines.
D.
All buildings shall be set back at least 100 feet from adjoining
residentially used or zoned land.
[Ord. 2002-01, 2/7/2002, § 631]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
All height, area, setback and coverage standards within the underlying
zone shall apply.
C.
All off-street parking lots shall be set back 25 feet and screened
from adjoining street and property lines.
D.
All buildings shall be set back at least 100 feet from adjoining
residentially used or zoned land.
[Ord. 2002-01, 2/7/2002, § 632]
Within the A Zone (golf course and/or driving range) and within
the GC Zone (driving range only) and subject to the requirements of
the underlying zones, except as herein modified and provided, golf
courses and/or driving ranges, including accessory uses (e.g., clubhouse,
driving range, parking lots, storage sheds, pro shop, snack bar, restaurant,
swimming pools, etc.), shall be subject to the following standards:
A.
Minimum lot area: 30 acres.
B.
No golf hole shall be arranged to require a golf ball to be driven
across any building, road or parking lot.
C.
Any points where the golf course crosses a road(s) shall be signed
warning motorists and pedestrians, and any private golf course road
shall contain speed limits.
D.
All accessory uses of the golf course shall be set back at least
100 feet from all lot lines.
E.
Minimum separation distances shall be established and maintained
from adjoining properties and street rights-of-way as follows:
F.
All off-street parking requirements for the principal and accessory
uses shall be in accordance with § 304 of this chapter.
G.
Golf driving ranges as a standalone use in the A and GC Zones are
subject to the following additional requirements:
(1)
Golf driving ranges in the A and GC Zone shall be subject to
the regulations pertaining to commercial recreation facilities.
(2)
Minimum lot area: five acres.
(3)
Retail sales of food and golf-related items shall be limited
to maximum of 1,000 square feet of publicly used area.
(4)
The limits of the golf driving range shall be set back at least
100 feet from all lot lines and roads.
(5)
The applicant shall furnish evidence that the proposed use will
not be detrimental to the use of adjoining properties due to hours
of operation, noise, lights and property damage.
[Ord. 2012-1, 10/15/2012[1]]
Within the GC Zone and subject to the requirements of the underlying
zone except as herein modified and provided:
A.
Legislative Intent. The Board of Supervisors desires to provide standards
for the operation of hazardous waste facility uses within the Township
in order to protect the health, safety, and welfare of Township residents,
workers at such establishments, and visitors to the Township. Public
health and safety shall be maintained through control of noise, vibrations,
dust, and particulate emissions, sulfur oxides, smoke, odor, toxic
matter, detonable materials, fire hazards, glare, heat, radioactive
radiation, liquid or solid wastes, and electromagnetic radiation.
The Board of Supervisors also seeks to protect the public health and
safety by imposing traffic and access controls to lessen the possibility
of vehicular accidents and landscaping and screening requirements
to provide a buffer area to the use and to discourage trespassing.
The Board of Supervisors also seeks to protect the public through
the requirement of a plan of access in the event of emergency conditions
to allow police, firefighters, and rescue personnel to gain access
to the premises efficiently and safely.
B.
Certification. All applications for a hazardous waste facility must
be accompanied by a certification from a professional engineer registered
in the Commonwealth of Pennsylvania that the proposed use can meet
the performance standards set forth herein. Further, the Zoning Officer
may employ consultants to evaluate the environmental effects with
respect to performance standards.
C.
Enforcement. The performance standards contained in this section
shall be the minimum standards to be met and maintained by all hazardous
waste facility uses within the Township.
D.
Building Requirements. With the exception of quarries, and exclusive
of the arrival, departure, loading, unloading, parking of permitted
vehicles, and outdoor storage as provided herein, all hazardous waste
facilities shall be contained within completely enclosed buildings.
E.
Storage. Storage shall be permitted outdoors, but the items stored shall not be visible from a public right-of-way, except visibility created by permitted ingress and egress. Outdoor storage within 100 feet of a residential district boundary or residential use not owned by the operator shall be effectively screened by a solid wall, fence, or planting in accordance with Part 3 of this Chapter.
G.
Dust and Particulates.
(1)
The total emission rate of dust and particulate matter from
all vents, stacks, chimneys, flues, or other opening or any process,
operation, or activity within the boundaries of any lot shall be in
accordance with the Pennsylvania Code, Title 25, Environmental Protection.
H.
Sulfur Oxides.
(1)
Emission of oxides of sulfur (as sulfur dioxide) from combustion
and other processes shall be in accordance with the Pennsylvania Code,
Title 25, Environmental Protection.
I.
Smoke.
(1)
Emission of smoke shall be in accordance with the Pennsylvania
Code, Title 25, Environmental Protection.
J.
Odor.
(1)
Odorous material released from any operation shall be in accordance
with the Pennsylvania Code, Title 25, Environmental Protection.
K.
Toxic Matter.
(1)
The ambient air quality standards for the Commonwealth of Pennsylvania
shall be the guide to the release of airborne toxic materials across
lot lines.
L.
Detonable Materials.
(1)
Activities involving the storage, utilization, or manufacture
of products which decompose by detonation shall include but not be
limited to all primary explosives such as lead azide, lead styphnate,
fulminates and tetracene; all high explosives such as TNT, RDX, HMX,
PETN, and picric acid; propellants and components thereof, such as
dry nitrocellulose, black powder, boron hydrides, hydrazine and its
derivatives; pyrotechnics and fireworks such as magnesium powder,
potassium chlorate and potassium nitrate; blasting explosives such
as dynamite and nitroglycerine; unstable oxidizing agents such as
perchloric acid, perchlorates, and hydrogen peroxide in concentration
greater than 35%; and nuclear fuels, fissionable materials and products,
and reactor elements such as uranium-235 and plutonium-239.
(2)
The storage, utilization, or manufacture of materials or products
which decompose by detonation is limited to five pounds. Quantities
in excess of five pounds of such materials may be stored or utilized,
but not manufactured.
(3)
The storage, utilization, or manufacture of materials or products
which decompose by detonation shall be in accordance with the Pennsylvania
Code, Title 25, Environmental Protection.
M.
Fire Hazard Solids.
(1)
The storage, utilization, or manufacture of solid materials
which are active to intense burning shall be conducted within walls
having a fire resistance of no less than two hours or protected by
an automatic fire-extinguishing system, or the building wall shall
be no less than 75 feet from all lot lines. The outdoor storage of
such materials shall not be closer than 100 feet from all lot lines.
N.
Fire Hazard Liquids and Gases.
(1)
The storage, utilization, or manufacture of flammable liquids
or gases which produce flammable or explosive vapors shall be permitted
only in accordance with this Section, exclusive of the storage of
finished products in original sealed containers (60 gallons or less),
which shall be unrestricted.
(2)
The total storage capacity of flammable liquids and gases shall
not exceed those quantities permitted in the following Table I:
|
Table I
Storage Capacity of Flammable Liquids and Gases
| |||
|---|---|---|---|
|
Liquids
|
Gases
| ||
|
Above ground flash point, ° F.
|
Above ground
| ||
|
Less than 70°
|
70° to 200°
| ||
|
7,500 gallons
|
30,000 gallons
|
225,000 SCF*
| |
|
Below ground flash point, ° F.
|
Below ground
| ||
|
15,000 gallons
|
60,000 gallons
|
450,000 SCF*
| |
|
*SCF — Standard Cubic Feet at 60° F. and 29.92 inches
Hg.
| |||
O.
Glare. All lighting shall be arranged to prevent glare on adjoining
properties and streets.
P.
Heat. Heat, for the purpose of this Zoning Ordinance, is the thermal
energy of a radioactive, conductive, or convective nature. Heat emitted
at any or all points shall not at any time cause a temperature increase
on any adjacent property in excess of 10° F., whether such change
be in the air or in the ground, in a natural stream or lake, or in
any structure on such adjacent property.
Q.
Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line, or which produce emissions injurious to humans, animals, or vegetation, or which are of an intensity which interferes with the use of any other property. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter 1, Part 20 [of the Code of Federal Regulations], Standards for the Protection Against Radiation, as amended, and all applicable regulations of the Commonwealth of Pennsylvania.
R.
Liquid or Solid Wastes.
(1)
No discharge shall be permitted at any point into any sewage
disposal system, watercourse or lake, or into the ground, except in
accordance with standards approved by the Department of Environmental
Protection or other regulating department or agency, of any materials
of such nature or temperature as can contaminate any water supply
or otherwise cause the emission of dangerous or offensive elements.
There shall be no accumulation of solid wastes conducive to the breeding
of rodents or insects.
(2)
Chemical or other hazardous materials may only be stored in
a manner that will not create a public health hazard or a public nuisance
and may only be stored or disposed of according to the Pennsylvania
Code, Title 25, Environmental Protection.
S.
Electromagnetic Radiation. No activities shall be permitted which
emit electromagnetic radiation at any point beyond the property line
and which produce emissions injurious to humans, animals, or vegetation,
or which are of an intensity which interferes with the use of any
other property. Any electromagnetic radiation activities shall be
in accordance with the Pennsylvania Code, Title 25, Environmental
Protection.
T.
It shall be unlawful to operate, or cause to be operated, any planned
or intentional source of electromagnetic radiation for such purposes
as communication, experimentation, entertainment, broadcasting, heating,
navigation, therapy, vehicle velocity measurement, weather survey,
aircraft detection, topographical survey, personal pleasure or for
any other use directly or indirectly associated with these purposes
which does not comply with the 10 current regulations of the Federal
Communications Commission regarding such sources of electromagnetic
radiation, except that for all governmental communications facilities,
governmental agencies and government-owned plants, the regulations
of the Interdepartment Radio Advisory Committee shall take precedence
over the regulations of the Federal Communications Commission regarding
such sources of electromagnetic radiation. Further, said operation
in compliance with the Federal Communications Commission or the Interdepartment
Radio Advisory Committee regulations shall be unlawful if such radiation
causes an abnormal degradation in performance of other electromagnetic
radiators or electromagnetic receptors of quality and proper design
because of proximity, primary field, blanketing, spurious radiation,
harmonic content, modulation, or energy conducted by power or telephone
lines. The determination of "abnormal degradation in performance"
and "of quality and proper design" shall be made in accordance with
good engineering practices as defined in the latest principles and
standards of the American Institute of Electrical Engineers, the Institute
of Radio Engineers, and the Electronic Industries Association. In
case of any conflict between the latest standards and principles of
the above groups, the following precedence in the interpretation of
the standards and principles shall apply: 1) American Institute of
Electrical Engineers, 2) Institute of Radio Engineers, and 3) Electronic
Industries Association.
U.
Screening and Buffers.
(1)
Screening shall be provided in accordance with this Chapter
to screen the use from adjoining streets and properties. This includes,
but is not limited to, fences, walls, plantings, and open spaces.
(2)
A buffer yard 50 feet wide must be located on the site in all
instances where the site adjoins a residential use or residentially
zoned land. The buffer yard shall be naturally landscaped, have no
impervious cover, and shall not be used for building, parking, loading
or storage.
V.
Access and Parking Facilities.
(1)
Access must be via a major or minor collector street as designated
by the Township Comprehensive Plan. Traffic entrances and exits shall
be far enough from residential dwellings so that truck noise and vibration
will be minimized.
(2)
All off-street parking lots shall be set back 25 feet and screened
from adjoining street and property lines.
W.
Emergency Plan of Access. The applicant shall present notice of review
by the emergency services provider of the type and extent of the use
proposed. The emergency services provider shall provide the Township
and the applicant written comments on their ability to adequately
serve the proposed use; to recommend, when applicable, the appropriate
location for dry hydrants; and to provide comments on the proposed
access for emergency response purposes. The applicant shall address
the emergency services provider's comments to the satisfaction
of the Township.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 633]
Within the V and GC Zones and subject to the requirements of
the underlying zone, except as herein modified and provided, health
and fitness facilities are subject to the following criteria:
A.
All outdoor recreation facilities shall be set back at least 50 feet
from the street right-of-way line, and 25 feet from all other lot
lines and 100 feet from any residentially-used or zoned land.
B.
Any accessory eating, or retail use, shall be limited to a maximum
of 1,600 square feet and shall not be directly accessible without
passing through the main clubhouse building.
C.
All lighting of outdoor recreation areas shall be arranged to prevent
glare on adjoining properties and streets.
D.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties due to hours of
operation, noise, lights and property damage.
[Ord. 2002-01, 2/7/2002, § 634]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Lot area: three acres minimum.
B.
Lot width: 300 feet minimum.
C.
Setbacks. All buildings must be set back at least 100 feet from a
street line.
D.
Access must be via an major or minor collector street as designated
by the Township Comprehensive Plan. Traffic entrances and exits shall
be far enough from residential dwellings so that truck noise and vibration
will be minimized.
E.
The applicant shall provide a detailed description of the proposed
use that addresses each of the following:
(1)
The nature of the processing operations, the materials used,
the products produced and the generation and methods of disposal of
any by-products. The applicant shall provide credible evidence that
the disposal of materials will be accomplished in a manner that complies
with state and federal regulations.
(2)
The general scale of the operations in terms of its market area,
floor space requirements, total number of employees per shift, hours
of operation and overall site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and the specific measures
that will be implemented to mitigate or eliminate the impacts. The
applicant shall provide credible evidence that the impacts generated
by the proposed use fall within acceptable levels as regulated by
applicable state and federal laws and regulations.
F.
All off-street parking lots shall be set back 25 feet and screened
from adjoining street and property lines.
G.
A buffer yard 50 feet wide must be located on the site in all instances
where the site adjoins a residential use or residentially zoned land.
The buffer yard shall be naturally landscaped, have no impervious
cover and shall not be used for building, parking, loading or storage.
H.
Chemical or other hazardous materials may only be stored in a manner
that will not create a public health hazard or a public nuisance and
may only be stored or disposed of according to federal and state regulations.
I.
The applicant shall present notice of review by the emergency services
provider of the type and extent of use proposed. The emergency services
provider shall provide the Township and the applicant written comments
on their ability to adequately serve the proposed use; to recommend,
when applicable, the appropriate location for dry hydrants; and to
provide comments on the proposed access for emergency response purposes.
The applicant shall address the emergency services providers'
comments to the satisfaction of the Township.
[Ord. 2002-01, 2/7/2002, § 635]
Within all zones and subject to the requirements of that zone,
except as herein modified and provided, it is the intent of this section
to establish regulations which will permit home occupations and home
businesses in a manner which will preserve the peace, quiet, and tranquility
of residential neighborhoods and to ensure the compatibility of such
uses with other uses permitted within the same zoning district.
A.
All dwellings containing a home occupation or home business shall
comply with the following:
(1)
The person primarily responsible for the home occupation or
home business shall be a full-time resident of the premises.
(2)
No more than 30% of the gross floor area of the dwelling unit
or accessory structure, excluding unimproved attics and unimproved
basements of the dwelling, may be used for the practice of a home
occupation or home business.
(3)
No displays or change in the building facade, including the
dwelling and all accessory buildings, shall indicate from the exterior
that the dwelling is being utilized for purposes other than a dwelling.
(4)
Storage of materials, products, or machinery used for the home
occupation or home business shall be wholly enclosed by the dwelling
or accessory building, within the maximum floor area previously defined,
and shall not be visible from any adjacent lot or street.
(5)
Deliveries shall not restrict traffic circulation.
(6)
Traffic generated by the home occupation or home business shall
not exceed volumes than would normally be expected in a residential
neighborhood.
(7)
A home occupation or home business shall not produce noise,
obnoxious odors, vibrations, lighting, glare, fumes, electrical interference
or smoke detectable to normal sensory perception on any adjacent lots
or streets.
(8)
The disposal of all materials, fluids and gases shall be in
a manner that complies with all regulations of the Township and all
other applicable government codes.
(9)
Home occupations or home businesses utilizing, or proposing
to utilize, explosive, highly flammable or hazardous materials shall
require proof of fire department notification and compliance with
applicable building codes prior to using such materials.
B.
Additional Requirements for Home Occupations. In addition to the
provisions of Subsection 1 above, home occupations shall be subject
to the following additional restrictive requirements:
(1)
There shall be no more visitations by nonresidents for business
purposes than would normally occur for a solely residential dwelling.
(2)
There shall be no retail sales of goods on the premises.
(3)
No signs shall be utilized.
(4)
There shall be no need for additional off-street parking.
(5)
All persons involved in the occupation shall be full-time residents.
(6)
The home occupation shall be conducted entirely within the dwelling.
C.
Additional Requirements for Home Businesses. In addition to the provisions
of Subsection 1 above, home businesses shall be subject to the following
additional restrictive requirements:
(1)
A home business shall limit any external evidence of an occupation
to one nonilluminated sign, not exceeding four square feet in sign
area, subject to the sign regulations of Part 3.
(2)
The requirement for additional parking facilities shall be determined
by the Zoning Hearing Board.
(3)
Sales of goods on the premises shall be limited to goods made
on the premises and/or goods which are incidental to services performed
on the premises.
(4)
The Zoning Hearing Board shall approve the permitted hours of
operation.
(5)
Home businesses shall be conducted only in single-family detached
dwellings and their accessory structures.
(6)
The home business may employ up to two nonresident employees.
[Ord. 2002-01, 2/7/2002, § 636]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
All height, area, setback and coverage standards within the underlying
zone shall apply.
C.
All off-street parking lots shall be set back 25 feet and screened
from adjoining street and property lines.
D.
All buildings shall be set back at least 100 feet from adjoining
residentially used or zoned land.
E.
The applicant shall provide credible evidence of an approved means
of disposal of all solid, medical and hazardous wastes.
F.
Emergency entrances shall be located on a building wall facing away
from adjoining residentially used or zoned land.
G.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
H.
Public sewer and public water approved by the Pennsylvania Department
of Environmental Protection must be utilized.
I.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings and open spaces.
[Ord. 2002-01, 2/7/2002, § 637]
Within the A, V and GC Zones and subject to the requirements
of the underlying zone in which located, except as herein modified
and provided:
A.
Lot area: five acres minimum.
B.
Setbacks. All buildings, dog runs, fenced enclosures and similar
structures shall be located at least 100 feet from all property or
street lines.
C.
All boarding areas shall be completely within an enclosed building.
D.
All outdoor running areas shall be fenced in a manner that restricts
access and provides for a full enclosure.
E.
The applicant shall furnish credible evidence that any and all other
state and/or federal approvals have been obtained or that none are
required prior to the application for any permit authorizing the erection
or use of any structure or land for a kennel.
F.
The applicant shall furnish credible evidence of an effective and
recognized acceptable manner for the disposal of animal waste and
carcasses.
G.
The owner/operator shall be responsible to exercise reasonable control
over the animals and shall not allow a nuisance condition to be created
in terms of excessive noise, dirt or odor.
[Ord. 2002-01, 2/7/2002, § 638]
Within the V and GC Zones and subject to the requirements of
those zones, except as herein modified and provided:
A.
Access shall be via an arterial street or collector street as designated
by the Township Comprehensive Plan.
B.
Public sewer and public water shall be utilized; however, where public
water and sewer facilities are not available, private, on-lot wastewater
recycling systems shall be required.
C.
During operation or plant cleanup and maintenance, all windows and
doors shall be kept closed.
D.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially used or zoned properties.
E.
Self-service laundries shall provide one off-street parking space
for each two washing machines; other laundry or dry-cleaning uses
shall provide one off-street parking pace for each 400 square feet
of gross floor area. Dry-cleaning operations shall provide one loading
area in accordance with § 305.
F.
Credible evidence must be presented to show that the operation will
be conducted in accordance with all applicable state and/or federal
requirements.
[Ord. 2002-01, 2/7/2002, § 639; as amended by Ord.
2011-2, 9/19/2011]
Within the A and GC Zones and subject to the requirements of
the underlying zone, except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks. All buildings must be set back at least 100 feet from a
street line. Parking areas shall be set back at least 50 feet and
screened in accordance with the terms of this chapter from any adjoining
residential use.
D.
A landscape strip of at least a fifty-foot width must be located
on the site in all situations where the site adjoins a residential
use. This yard shall be naturally landscaped, have no impervious cover
and shall not be used for building, parking, loading or storage purposes.
E.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan. Access shall be located at a point that is located the farthest away from any adjoining residential use and provides safe and adequate access as required by this chapter and the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
F.
The applicant shall present notice of review by the emergency services
provider of the type and extent of use proposed. The emergency services
provider shall provide the Township and the applicant written comments
on their ability to adequately serve the proposed use; to recommend,
when applicable, the appropriate location for dry hydrants; and to
provide comments on the proposed access for emergency response purposes.
The applicant shall address the emergency services providers'
comments to the satisfaction of the Township.
G.
Credible evidence needs to be submitted by the applicant to demonstrate,
to the satisfaction of the Township, that satisfactory provisions
have been or will be provided to insure that the use will conform
with the applicable state and/or federal regulations concerning noise,
odors, fumes, glare, vibration, smoke, vapors and gases, electrical
emissions and industrial wastes. Chemical materials shall be stored
in a manner that will not create a public health hazard or a public
nuisance and shall only be used, stored or disposed of in accordance
with federal and state regulations.
[Ord. 2002-01, 2/7/2002, § 640]
Within the V and GC Zones and subject to the requirements of
the underlying zone, except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
D.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
E.
The use shall be operated in accordance with all applicable state
and/or federal regulations.
F.
Appearance should be harmonious with adjoining properties. This feature
includes, but is not limited to: landscaping, height control, sign
control, building coverage and architectural controls.
G.
Parking, buffers and screening shall be provided as required by this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
H.
Accessory services, including laboratories and pharmacies for the
use of patients visiting medical practitioners in the clinic may be
permitted as part of the clinic subject to the following specific
conditions:
(1)
All entrances to parts of the building in which these accessory
services are provided shall be from within the building. Direct exterior
access to any accessory services by patients from the street is prohibited.
(2)
The hours during which these services are provided shall be
the same as those during which medical practitioners are receiving
patients.
(3)
When two or more principal uses occupy the same building on
the same lot, all parking, lot area and building area requirements
pertaining to each use shall be met in full.
[Ord. 2002-01, 2/7/2002, § 641]
A mobile home park shall be permitted by special exception in the RR Zone, subject to the requirements of that zone, the provisions of Part 7 of the Manheim Township Subdivision and Land Development Ordinance [Chapter 22] and as herein modified and provided:
A.
Lot Size and/or Density.
(1)
A mobile home park shall contain a minimum of five acres.
(2)
Maximum density in a mobile home park served by public water
and sewer shall be five units per acre.
(3)
Maximum density in a mobile home park served by on-lot water
or sewer shall be two units per acre.
(4)
All mobile home lots or areas shall contain at least 8,000 square
feet.
B.
Vehicular Parking Facilities. Off-street parking spaces shall be
provided in all mobile home parks in accordance with the following:
(1)
Each mobile home shall be provided with a minimum of two paved
parking spaces containing at least 180 square feet each of bituminous
or concrete surface, which shall be located on the mobile home lot.
(2)
One additional off-street parking space per unit shall be provided
in a common visitor parking compound. Such visitor parking compounds
shall be sized, arranged and located so that the spaces are within
300 feet walking distance to any unit served.
(3)
Access to all parking spaces shall be limited to interior roads
of the mobile home park; in no case shall access to such parking spaces
be provided from adjoining public roads.
C.
Landscaping.
(1)
Landscaping shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
All mobile home parks shall be provided with a perimeter landscape buffer strip that is at least 50 feet wide. Such width shall be measured from the adjoining property and rights-of-way lines. The buffer strip shall contain a vegetation screen in accordance with § 509, Subsection 1A, of the Township Subdivision and Land Development Ordinance [Chapter 22].
D.
Building Setbacks and Separations.
(1)
Mobile homes shall conform to the building setback and separation
requirements of this chapter and as follows.
(2)
Each mobile home lot shall have a minimum front yard of 30 feet,
rear yard of 25 feet and two side yards of 10 feet each. In no case
shall the distance between any two mobile homes be less than 25 feet
(these setbacks shall also apply to mobile home park office, service,
utility or other buildings).
(3)
Individual mobile home owners may install accessory or storage
sheds, extensions and additions to mobile homes and exterior patio
areas. Any such facilities so installed shall not intrude into any
required front, side, or rear setback, and, in every case, shall substantially
conform in style, quality and color to the existing mobile homes.
[Ord. 2002-01, 2/7/2002, § 642]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Lot width: 250 feet minimum.
C.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
D.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
E.
The use shall be operated in accordance with all applicable state
and/or federal regulations.
F.
Appearance should be harmonious with adjoining properties. This feature
includes, but is not limited to: landscaping, height control, sign
control, building coverage and architectural controls.
G.
Parking, buffers and screening shall be provided as required by this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
H.
When two or more principal uses occupy the same building on the same
lot, all parking, lot area and building area requirements pertaining
to each use shall be met in full.
[Ord. 2002-01, 2/7/2002, § 643; as amended by Ord.
2012-1, 10/15/2012]
Within the RR and V Zones and subject to the requirements of
the underlying zone, except as herein modified and provided:
A.
In the case of a multifamily dwelling or group of townhouses where
individual dwelling units are located on a single lot and share with
other units a common yard area (e.g., garden apartments, rental townhouses),
the following requirements shall apply:
(1)
Side Setback. Minimum side setbacks of 20 feet each shall be
provided.
(2)
The maximum density for lots served by public water and public
sewer shall be eight dwelling units per acre of lot area.
(3)
The maximum density for lots served by on-lot water and sewage
facilities shall be four dwelling units per acre of lot area.
(4)
On-lot sewage disposal facilities shall be inspected by a registered
Sewage Enforcement Officer, who shall certify that the system meets
current DEP on-lot sewage disposal permitting requirements.
(5)
Distance Between Buildings. Where two or more multifamily dwellings
are located on a single lot or parcel, the minimum distance between
principal buildings shall be 40 feet.
(6)
All parking areas shall be located at least 10 feet from any
property line or street line.
(7)
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings and open spaces.
B.
In the case of a townhouse (single-family attached dwelling) development
where individual dwelling units are located on separate lots, the
following requirements shall apply:
(1)
Lot Area. Each lot shall have a minimum area of 2,000 square
feet.
(2)
Lot Width. Each lot shall have a minimum width of 20 feet.
(3)
There shall not be more than six dwelling units in any one row.
(4)
Dwelling units at the end of a row shall have a minimum side
setback of 20 feet.
(5)
The maximum density for lots served by public water and public
sewer shall be eight dwelling units per acre of lot area.
(6)
The maximum density for lots served by on-lot water and sewage
facilities shall be four dwelling units per acre of lot area.
(a)
On-lot sewage disposal facilities shall be inspected by a registered
Sewage Enforcement Officer, who shall certify that the system meets
current DEP on-lot sewage disposal permitting requirements.
[Ord. 2012-1, 10/15/2012[1]]
Within the GC Zone and subject to the requirements of the underlying
zone except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
the Township Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
C.
Credible evidence must be presented to show that the operation will
be conducted in accordance with all applicable State and/or Federal
requirements.
D.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare or litter.
E.
Buffers and screens shall be provided in accordance with this Chapter
to screen the use from adjoining streets and properties. This includes,
but is not limited to, fences, walls, plantings, and open spaces.
F.
The noise level at any property line shall not exceed the ambient
noise level.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 644]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
The proposed facility may be comprised of any or all of the following
uses:
(1)
Independent dwelling units: single-family detached dwellings
and single-family attached dwellings (provided that no more than six
single-family dwelling units are attached in a linear row). Each dwelling
unit shall contain complete kitchen, toilet and bathing facilities,
and shall have at least one outside window.
(2)
Congregate housing units: multifamily dwellings in which each
group of units is associated with one or more common areas designed
for the exclusive benefit of the group. Each unit shall contain at
a minimum a private or semiprivate bedroom and a private complete
bathroom. Each unit shall contain at least one outside window. Each
unit shall provide space and facilities for cooking and related kitchen
activities, dining, bathing and toilet functions. Common areas may
also be provided for recreation, relaxation, clothes washing and similar
activities.
(3)
Assisted living facilities: premises, or a portion thereof,
in which food, shelter, and licensed personal assistance or supervision
are provided for residents requiring supervision and assistance in
such matters as dressing, bathing, diet or medication prescribed for
self-administration but not requiring hospitalization or skilled nursing
care. Facilities shall include a living/sleeping area and a private
powder room although a shared bath will be permitted.
(4)
Skilled care facilities: premises or a portion thereof used
to house and care for persons requiring continuous intermediate or
skilled nursing care.
(5)
Offices incidental to administration, management and health
care; activity areas, craft, woodworking and hobby shops, recreation
facilities, gift shops, personal services facilities, dining facilities,
health care facilities, maintenance facilities, bank, library, snack
bar, village store, pharmacy, chapel and similar uses designed to
be exclusively for the use of residents and their guests as well as
any other buildings or uses incidental to the main or principal uses.
B.
The proposed use shall primarily serve the needs of retirement age
persons. At least one resident of each household shall be at least
50 years old or possess some handicap that can be treated within a
setting like the retirement community.
C.
The proposed use shall achieve a balanced residential/medical campus
that cannot be achieved through the use of conventional zoning techniques.
D.
Residences shall be functionally, physically and architecturally
integrated with medical service and recreational activity centers.
E.
Commercial, medical and recreational uses shall be grouped together
and located near the populations being served.
F.
The minimum land area devoted to the campus shall be two contiguous
acres and the applicant shall furnish evidence of an approved means
of sewage disposal and water supply.
G.
The site shall front on and have direct access onto a collector or
arterial road as identified in § 315.
H.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
I.
All buildings or structures containing nonresidential use(s), off-street
parking lots and loading areas shall be set back at least 75 feet
from all adjoining residentially-zoned land, 50 feet from all lot
lines of the subject property and 50 feet from all on-site residences.
J.
The maximum overall density for lots served by public water and public
sewer shall be 10 dwelling units per acre of lot area.
K.
The maximum overall density for lots served by on-lot water and sewage
facilities shall be six dwelling units per acre of lot area.
(1)
On-lot sewage disposal facilities shall be inspected by a registered
Sewage Enforcement Officer, who shall certify that the system meets
current DEP on-lot sewage disposal permitting requirements.
L.
All buildings or structures used solely for residential purposes
shall be set back at least 50 feet from all lot lines of the campus
property, 20 feet from any public or private street right-of-way or
parking lot, and a distance equal to their height from any other on-site
residence.
(1)
The maximum permitted height is 60 feet, provided that an additional
two feet of required building setback shall be provided for each foot
of building height exceeding 35 feet.
(2)
No more than 35% of the subject property shall be covered with
structures, buildings, parking and loading areas and/or other impervious
surfaces.
(3)
Each off-street parking lot shall provide at least 20% of the
total parking spaces as those designed for the physically handicapped.
Furthermore, such parking spaces shall be located throughout the campus
in such a manner to be conveniently accessible to the buildings/uses
for which they are required.
(4)
The applicant shall furnish a description of the effect of the
proposed use on the delivery of ambulance service. This description
shall include a letter from the agency responsible for ambulance service
in the site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
[Ord. 2002-01, 2/7/2002, § 645]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
A screen/buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or residentially zoned property. The screen/buffer yard shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22] and shall not be used for any building, display, marking, loading or storage.
C.
All lighting shall be in accordance with the requirements of the Township Subdivision and Land Development and Stormwater Ordinance [Chapter 22].
D.
Outdoor sales areas shall not be used for any type of service, repair,
or any type of maintenance.
E.
No displays are permitted within 10 feet from the right-of-way or
any power line. Displays shall not be located as to impede the clear
sight triangle or cause a vision obstruction.
[Ord. 2002-01, 2/7/2002, § 646; as amended by Ord.
2005-01, 8/4/2005, § V]
Within all zones and subject to the requirements of the zone
in which located, except as herein modified and provided:
A.
The applicant shall present a detailed written narrative of the proposed
use in sufficient detail to allow the Zoning Hearing Board to properly
evaluate the proposed use. The Zoning Hearing Board shall have the
right to request additional information, studies, etc., as deemed
necessary by and at the sole discretion of the Zoning Hearing Board,
to evaluate the impact and determine the appropriateness of the proposed
use considering the guidelines below.
B.
Consideration shall be given to traffic problems. If the nature of
the park or recreation area is such that it may generate a high volume
of vehicular traffic, as determined by the Zoning Hearing Board, the
Zoning Hearing Board may require access to be via an major or minor
collector street as designated by the Township Comprehensive Plan.
C.
The applicant shall furnish credible evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
noise-generating activities.
D.
Parking, screening and setbacks shall be provided in accordance with this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
E.
The Zoning Hearing Board shall decide the appropriateness of the
design of parking, lighting and similar features of the proposed use
to minimize adverse impacts on adjacent properties.
[Ord. 2012-1, 10/15/2012[1]]
Within the GC Zone and subject to the requirements of the underlying
zone except as herein modified and provided:
A.
The subject tract shall front on and gain access from either a major
or minor collector road as identified in the Comprehensive Plan.
B.
The applicant shall demonstrate that access to and the design of
the parking facilities shall not create vehicle backups onto existing
abutting streets.
C.
Off-street parking areas and access drives shall be provided in accordance with Part 3 of this Chapter.
D.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare or litter.
E.
The maximum impervious lot coverage shall be no greater than 70%.
F.
The minimum landscaped area shall be no less than 30%.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 647]
Within the V and GC Zones and subject to the requirements of
the underlying zone, except as hereinafter provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
The applicant shall present a detailed written narrative of the proposed
use in sufficient detail to allow the Zoning Hearing Board to properly
evaluate the proposed use. The Zoning Hearing Board shall have the
right to request additional information, studies, etc., as deemed
necessary by and at the sole discretion of the Board, to evaluate
the impact and determine the appropriateness of the proposed use considering
the guidelines below:
D.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
E.
The applicant shall demonstrate that access to and from the sight
and the design of the parking facilities shall not cause vehicles
to backup onto abutting streets or obstruct internal access drives.
F.
The maximum building coverage shall not exceed 15%, and the maximum
impervious coverage shall not exceed 20%.
G.
Within the V Zone, off-street parking shall not be permitted within
any front yard or within any side or rear setback areas.
H.
The use shall be operated in accordance with all applicable state
and/or federal regulations.
[Ord. 2002-01, 2/7/2002, § 648]
Within the V and GC Zones and subject to the requirements of
the underlying zones, except as herein after provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
Parking, screening, lighting and setbacks shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
C.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
[Ord. 2002-01, 2/7/2002, § 649]
Within all zones and subject to the requirements of the zone
in which located, except as herein modified and provided.
A.
The applicant shall present a detailed written narrative of the proposed
use in sufficient detail to allow the Zoning Hearing Board to properly
evaluate the proposed use. The Zoning Hearing Board shall have the
right to request additional information, studies, etc., as deemed
necessary by and at the sole discretion of the Board, to evaluate
the impact and determine the appropriateness of the proposed use with
the guidelines below:
B.
Consideration shall be given to traffic problems. If the nature of
the public building/municipal use is such that it may generate a high
volume of vehicular traffic, as determined by the Zoning Hearing Board,
the Zoning Hearing Board may require access to be via an major or
minor collector street as designated by the Township Comprehensive
Plan.
C.
Setbacks. All buildings and related facilities shall be set back
at least 50 feet from any property line and 75 feet from a street
line.
D.
Parking, screening and lighting shall be provided in accordance with the requirements this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
E.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
[Ord. 2012-1, 10/15/2012[1]]
Within the A Zone and subject to the requirements of the underlying
zone except as herein modified and provided:
A.
General. Quarry operations:
(1)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
(3)
May not adversely affect the local, efficient and economical
extensions of public services, facilities and utilities throughout
the Township.
(4)
May not create any significant damage to the health, safety,
or welfare of the Township and its residents and property owners.
(5)
May not result in the land area subject to quarrying being placed
in a condition that will prevent the use of that land for economically
and ecologically productive uses upon completion of the quarry operation.
(6)
Must demonstrate compliance with all applicable State regulations
at all times.
B.
Certification. All applications for a quarry must be accompanied
by a certification from a professional engineer registered in the
Commonwealth of Pennsylvania that the proposed use can meet the requirements
set forth herein. Further, the Zoning Officer may employ consultants
to evaluate the environmental effects with respect to performance
standards.
C.
Site Plan Requirements. As a part of each application, the applicant
shall furnish an accurately surveyed site plan, on a scale of not
less than one inch equals 200 feet, showing the location of the tract
or tracts of land to be affected by the operation. The surveyed site
plan shall be certified by a registered professional engineer or a
registered professional land surveyor with assistance from experts
in related fields and shall include the following:
(1)
The boundaries of the proposed land affected, together with
the drainage area above and below the area.
(2)
The location and names of all streams, roads, railroads, and
utility lines on or immediately adjacent to the area.
(3)
The location of all buildings within 1,000 feet of the outer
perimeter of the area affected, and the names and addresses of the
owners and present occupants.
(4)
The purpose for which each building is used.
(5)
The name of the owner of the affected area and the names of
adjacent landowners, the municipality, and the county.
D.
Minimum Lot Area. The minimum lot area will be 50 acres.
E.
Screening and Buffering. A fence measuring at least eight feet in height must enclose the area of actual quarrying. All fencing shall be provided with buffering, landscaping and screening in accordance with Part 3 of this Chapter.
F.
Setback. The following table identifies minimum setbacks imposed
upon specific features of the quarry and other extractive-related
uses from abutting and/or adjacent uses:
|
Quarry-Related Feature
|
Existing Resi- dential Use
(feet)
|
Existing Nonresi- dential Building
(feet)
|
Residentially Zoned District
(feet)
|
Adjoining Road
(feet)
|
Public/ Nonprofit Park
(feet)
|
Cemetery or Stream Bank
(feet)
|
Abutting Property
(feet)
|
|---|---|---|---|---|---|---|---|
|
Stock piles or spoil piles
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Mineral processing equipment (e.g., rushers, sorters,
conveyors, dryers, etc.)
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
Quarry pit
|
300
|
300
|
1,000
|
100
|
300
|
100
|
100
|
|
On-site access roads and off-street parking, loading
and vehicle storage and weighing facilities
|
300
|
300
|
500
|
100
|
300
|
100
|
100
|
|
Other operational equipment, structures and/or improvements
|
300
|
300
|
500
|
100
|
300
|
100
|
G.
Access. Vehicular access must be via a major or minor collector street
as designated by the Township Comprehensive Plan. Traffic entrances
and exits shall be far enough from residential dwellings so that truck
noise and vibration will be minimized.
(2)
All access drives serving the site shall have a paved minimum
thirty-five-foot-wide cartway for a distance of at least 200 feet
from the intersecting street right-of-way line. In addition, a fifty-foot-long
gravel section of access drive should be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
(3)
Access drives shall intersect public streets at 90°. Said
angle shall be measured from the center line of the street to the
center line of the access drive.
I.
Reclamation. The applicant shall demonstrate compliance with Title
25, Chapter 77, Noncoal Mining, of the Pennsylvania Code. The applicant
shall provide a detailed description of the proposed use of the site,
once reclamation has been completed, including a description of any
zoning and/or subdivision approvals or remedies that would be necessary
to accommodate the proposed use. Finally, the applicant shall provide
written notification to the Township within 30 days whenever a change
in the reclamation plan is proposed to the PA DEP.
J.
Operations and Progress Report. Within 90 days after commencement
of surface mining operations, and each year thereafter, the operator
shall file an operations and progress report with the Zoning Officer
setting forth all of the following:
(1)
The name or number of the operation.
(2)
The location of the operation with reference to the nearest
public road.
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpiles, quarry pits,
etc.
(4)
The name and address of the landowner or his duly authorized
representative.
(5)
An annual report of the type and quantity of mineral produced.
(6)
The current status of the reclamation work performed in pursuance
of the approved reclamation plan.
(7)
A maintenance report for the site that verifies that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed.
(8)
Verification that the proposed use continues to comply with
all applicable State regulations. The operation shall furnish copies
of any approved permits and/or any notices of violation issued by
the PA DEP.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 650]
1.
General. All recreation facilities are subject to the following criteria:
A.
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
B.
Any structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy.
C.
The applicant shall furnish credible evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution.
D.
Required parking will be determined based upon the types of activities
proposed and the schedule listed in § 304. In addition,
the Zoning Hearing Board may require an unimproved grassed overflow
parking area to be provided for peak use periods. Such overflow parking
areas shall be accessible only from the interior driveways of the
permanent parking lot. Overflow parking areas shall contain fencing
to prevent vehicles from crossing adjoining properties or directly
accessing adjoining roads.
E.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If, at
any time after the opening of the commercial recreation facility,
the Township determines that traffic backups are occurring on adjoining
roads, and such backups are directly related to the means of access
to the subject property, the Township can require the applicant to
revise means of access to correct the traffic situation.
2.
Outdoor Recreational Facility. Within the A, C, V and GC Zones and
subject to the requirements of the zone in which located, except as
herein modified and provided:
A.
Setbacks. The area to be used for recreational purposes must be set
back at least 50 feet from any property or street line.
B.
Where an outdoor recreational use adjoins a residential use, trees
or shrubs must be planted on the site of this use so as to form an
effective visual barrier between the outdoor recreational use and
adjoining residential properties.
C.
Required parking shall be based upon the requirements of § 304
of this chapter. In addition, any accessory uses (e.g., snack bar)
shall also require parking to be provided in accordance with the schedule
listed in § 304 of this chapter. When deemed necessary,
the Zoning Hearing Board may require an unimproved grassed overflow
parking area for peak period use, located and designed in a manner
which prohibits vehicles from crossing adjoining properties and directly
accessing adjoining roads.
D.
All entrances to the commercial recreation facility shall be designed
so that vehicle backup on abutting roads does not occur.
E.
The applicant must furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the building.
F.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare, or litter.
3.
Indoor Recreation Facilities. Within the V and GC Zones and subject
to the requirements of the zone in which located, except as herein
modified and provided:
A.
Setbacks. The area to be used for recreational purposes must be set
back at least 50 feet from any property or street line.
B.
All activities shall take place within a wholly enclosed building.
C.
Required parking shall be based upon the requirements of § 304
of this chapter. In addition, any accessory uses (e.g., snack bar)
shall also require parking to be provided in accordance with the schedule
listed in § 304 of this chapter. When deemed necessary,
the Zoning Hearing Board may require an unimproved grassed overflow
parking area for peak period use, located and designed in a manner
which prohibits vehicles from crossing adjoining properties and directly
accessing adjoining roads.
D.
All entrances to the commercial recreation facility shall be designed
so that vehicle backup on abutting roads does not occur.
E.
The applicant must furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the building.
F.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare, or litter.
[Ord. 2012-1, 10-15-2012[1]]
Within the V and GC Zones and subject to the requirements of
the underlying zone except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
The subject tract shall front on and gain access from either a major
or minor collector street as identified in the Comprehensive Plan.
D.
The applicant shall demonstrate that access to and from the site
and the design of the parking facilities shall not cause vehicles
to back up onto abutting streets or obstruct internal access drives.
E.
Within the V Zone, off-street parking shall not be permitted within
any front yard or within any side or rear setback areas.
F.
Outdoor storage shall not be permitted.
G.
All service and/or repair activities shall be conducted within a
totally enclosed building.
H.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare or litter.
I.
Buffers and screens shall be provided in accordance with this Chapter
to screen the use from adjoining streets and properties. This includes,
but is not limited to, fences, walls, plantings, and open spaces.
J.
The noise level at any property line shall not exceed the ambient
noise level.
[1]
Editor's Note: This ordinance added new §§ 607,
629, 635, 647, 651, 655, and 657 and renumbered former §§ 607
through 627 as §§ 608 through 628; former §§ 628
through 632 as §§ 630 through 634; former §§ 633
through 643 as §§ 636 through 646; former §§ 644
through 646 as §§ 648 through 650; former §§ 647
through 649 as §§ 652 through 654; former § 650
as § 656; and former §§ 651 through 671 as
§§ 658 through 678, respectively.
[Ord. 2002-01, 2/7/2002, § 651]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks. All buildings must be set back at least 100 feet from a
street line. Parking areas shall be set back at least 50 feet and
screened in accordance with the terms of this chapter from any adjoining
residential use.
D.
The applicant shall present a detailed written narrative of the proposed
use in sufficient detail to allow the Zoning Hearing Board to properly
evaluate the proposed use. The Zoning Hearing Board shall have the
right to request additional information, studies, etc., as deemed
necessary by and at the sole discretion of the Board, to evaluate
the impact and determine the appropriateness of the proposed use considering
the guidelines below:
E.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
F.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
G.
The external design of the building shall be in conformity with the
architectural character of the buildings in the surrounding area.
H.
Lighting shall be provided in accordance with the requirements this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
I.
Credible evidence must be presented to show that the operation will
be conducted in accordance with all applicable state and/or federal
requirements.
J.
Credible evidence shall be provided by the applicant to demonstrate
that adequate provisions shall be made to minimize harmful or unpleasant
effects (noise, odors, fumes, glare, vibration, smoke).
[Ord. 2002-01, 2/7/2002, § 652]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
Where available, public sewer and public water facilities shall be
utilized. On-lot sewage disposal facilities shall be inspected by
a registered Sewage Enforcement Officer, who shall certify that the
system meets current DEP on-lot sewage disposal permitting requirements.
C.
Credible evidence must be presented to show that the operation will
be conducted in accordance with all applicable state and/or federal
requirements.
[Ord. 2002-01, 2/7/2002, § 653]
Within the V and GC Zones and subject to the requirements of
those zones, except as herein after provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
The applicant shall demonstrate that access to and from the site
and the design of the parking facilities shall not cause vehicles
to backup onto abutting streets or obstruct internal access drives.
D.
Within the V Zone, off-street parking shall not be permitted within
any front yard or within any side or rear setback areas.
E.
Outdoor storage shall not be permitted within any front yard or parking
area, except for the incidental display of seasonal merchandise directly
within six feet of the front of the building. Within the V Zone, outdoor
storage shall not be permitted within any side or rear setback area.
[Ord. 2002-01, 2/7/2002, § 654]
Within the A Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Except as herein after provided, for lots less than 10 acres, a minimum
of one acre of area dedicated solely to the keeping and maintenance
of said animal(s), and no other use per one animal unit shall be provided.
For the purposes of this section, the area dedicated solely to the
keeping and maintenance of said animal(s) shall not include any portion
of any building, drive, any initial or replacement septic absorption
area, or any portion of the property used for any other use.
B.
For lots greater than 10 acres, a maximum of two animal units per
acre of area dedicated solely to the keeping and maintenance of said
animal(s), and no other use shall be provided. For the purposes of
this section, the area dedicated solely to the keeping and maintenance
of said animal(s) shall not include any portion of any building, drive,
any initial or replacement septic absorption area, or any portion
of the property used for any other use.
C.
No stable shall be located less than 50 feet from any lot line nor
closer than 100 feet from the nearest existing dwelling, other than
that of the owner.
D.
The area in which animals are kept shall be maintained in a healthy
grass cover of at least two acres.
E.
All fences shall be a minimum of 25 feet from the center line of
any street or a minimum of 8 1/2 feet from the street right-of-way
line, whichever is greater.
F.
All stables shall be maintained so to minimize odors perceptible
at the property line. All animal wastes shall be properly stored and
disposed of in accordance with a written nutrient management plan
meeting the requirements of the DEP and the York County Conservation
District.
G.
All outdoor training, show, riding, boarding or pasture areas shall
be enclosed by a minimum four-foot-high fence which is located at
least five feet from all property lines.
H.
All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a barricade delineating
such occasional parking facilities and preventing the parking and/or
movement of vehicles across neighboring properties, and preventing
direct access to public roads.
I.
No manure storage facility or area shall be established closer than
100 feet to any property line.
J.
One sign with up to two faces shall be permitted. The maximum size
of any one face shall not exceed 16 square feet in area. The total
area of both sign faces shall not be greater than 32 square feet in
area.
K.
Adequate off-street parking shall be provided in accordance with
requirements of § 304.
L.
Retail sales of food and horse-related items shall be limited to
maximum of 1,000 square feet of publicly used area.
[Ord. 2002-01, 2/7/2002, § 655]
Within the RR and V Zones and subject to the requirements of
those zones, except as herein after provided:
A.
No facilities for cooking shall be provided in individual rooms or
suites.
B.
If an existing dwelling is to be utilized for a rooming house, the
owner shall provide proof that the existing water and sewage disposal
systems are adequate for the proposed number of occupants; or new
systems of adequate capacity shall be provided. The proposed method
of sewage disposal must be in compliance with all State regulations
and must be approved by the Township Sewage Enforcement Officer.
C.
A rooming house shall be owner-occupied and shall be an accessory
use to a single-family dwelling.
D.
A maximum of eight rooms shall be provided.
E.
Any dwelling proposed for use as a rooming house shall have a floor
area, in addition to the floor area required for the principal dwelling,
of 300 square feet for each roomer.
F.
Any rooming house shall comply with all applicable federal, state
and local laws and regulations, including, but not limited to, fire,
health, safety and building codes.
[Ord. 2002-01, 2/7/2002, § 656]
Within the A and GC Zones and subject to the requirements of
the underlying zone, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Lot width: 300 feet minimum.
C.
Setbacks. Any area used for this purpose must be at least 25 feet
from any property line and 50 feet from any street line.
D.
The area to be used must be completely enclosed with a six-foot high
fence so constructed as not to have openings greater than six inches
in any direction.
E.
The use shall be screened from all roads and adjoining properties in accordance with the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
F.
The use shall be operated in accordance with all applicable state
and/or federal regulations.
G.
Provide plan for removal, storage and disposal of petroleum products
and other hazardous materials such as batteries, etc. and evidence
of compliance with all applicable state and/or federal regulations.
[Ord. 2002-01, 2/7/2002, § 657]
Within the A and GC Zones and subject to the requirements of
those zones, except as herein modified and provided:
A.
Any processing of solid waste (including, but not limited to, incineration,
composting, shredding, compaction, material separation, refuse derived
fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed
building.
B.
No refuse shall be deposited or stored, and no building or structure
shall be located within 500 feet of any property line and 1,000 feet
of any adjoining residence or land within a residential zone.
C.
Any area used for the unloading, transfer, storage, processing, incineration
or deposition of refuse must be completely screened from view at the
property line. (The use of an earthen berm is encouraged where practicable.)
In addition, such areas must also be completely enclosed by an eight
foot-high fence, with no openings greater than two inches in any direction.
D.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
E.
The use shall be screened from all roads and adjoining properties in accordance with the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
F.
All uses shall provide sufficiently long stacking lanes into the
facility, so those vehicles waiting to enter will not backup onto
public roads.
G.
All driveways onto the site shall be paved for a distance of at least
200 feet from the street right-of-way line. In addition, a two-hundred-foot-long
gravel section of driveway should be placed and maintained just beyond
the preceding two-hundred-foot paved section to help collect any mud
that may have attached to a vehicle's wheels.
H.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against the indiscriminate
and unauthorized dumping, all areas of the site shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
I.
The applicant shall provide credible evidence as to how the use will
be controlled so as not to constitute a nuisance due to noise, light,
glare, or litter.
J.
The unloading, processing, transfer and deposition of solid waste
shall be continuously supervised by a qualified facility operator.
K.
Any waste that cannot be used in any disposal process/or material
that is to be recycled shall be stored in leak and vector proof containers.
Such containers shall be designed to prevent their contents from being
carried by wind or water. These containers shall be stored within
a completely enclosed building.
L.
All storage of solid waste shall be indoors in a manner that is leak
and vector proof. During normal operation, no more solid waste shall
be stored on the property then is needed to keep the facility in constant
operation; but in no event for more than 72 hours.
M.
A contingency plan for the disposal of solid waste during a facility
shutdown shall be submitted to the Township.
N.
Leachate from the solid waste shall be disposed of in a manner in
compliance with any applicable state and federal laws or regulations.
If leachate is to be discharged to a municipal sewage facility, appropriate
permits shall be obtained from the applicable agencies and authorities.
In no event shall leachate be disposed of in a storm sewer, to the
ground, or in any other manner inconsistent with the Department of
Environmental Protection's regulations.
O.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
P.
In addition, a water feasibility study will be provided to enable
the Township to evaluate the impact of the proposed use on the groundwater
supply and on existing wells. The purpose of the study will be to
determine if there is an adequate supply of water for the proposed
use and to estimate the impact of the new development on existing
wells in the vicinity. The water feasibility shall be reviewed by
the Township Engineer.
Q.
A water system that does not provide an adequate supply of water
for the proposed use, considering both quantity and quality, or does
not provide for adequate groundwater recharge considering the water
withdrawn by the proposed use shall not be approved by the Township.
R.
A water feasibility study shall include the following information:
(1)
Calculations of the projected water needs.
(2)
A geologic map of the area with a radius of at least one mile
from the site.
(3)
The location of all existing and proposed wells within 3,000
feet of the perimeter of the site, with a notation of the capacity
and source there of for all wells.
(4)
The location of all existing on-lot sewage disposal systems
within 3,000 feet of the site.
(5)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(6)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined.
(7)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and the groundwater table.
(8)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
S.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on the current traffic flows on this road
system, and projections of traffic generated by the proposed use.
Improvements to the road shall be provided by the applicant to ensure
the structural stability of the system, safe turning movements to
and from the site, and safe through movements on the existing roads.
T.
A minimum one-hundred-foot-wide landscape strip shall be located
along all property lines. No structures, storage, parking or any other
related activity or operation shall be permitted within this landscape
strip. Any fences or other screening erected on the site must not
be located within this landscape strip.
[Ord. 2002-01, 2/7/2002, § 658]
Within the A, C, RR and GC Zones and subject to the requirements
of those zones, except as herein modified and provided:
A.
Accessory sawmills shall only be conducted as an accessory use to
an actively farmed parcel and shall occupy no more than one acre.
B.
The operation shall be limited to custom sawing or to the sawing
of materials grown on the property. For the purposes of this section,
custom sawing shall be defined as providing incidental sawmilling
services as an accessory use for adjoining or local individual landowners.
This section shall not be used to circumvent the intent of the commercial
sawmill requirements.
[Ord. 2002-01, 2/7/2002, § 659; as amended by Ord.
2005-01, 8/4/2005, § IV]
Within the A and GC Zones and subject to the requirements of
those zones, except as herein modified and provided:
A.
The minimum lot area shall be five acres.
B.
The minimum lot width shall be 250 feet.
C.
Within the GC Zone, all aspects of the operation, including parking
and any type of storage, shall be set back a minimum of 25 feet from
all property and street lines.
D.
Within the A Zone, all aspects of the operation, including parking
and any type of storage, shall be set back a minimum of 100 feet from
all property and street lines.
E.
The use shall be located 500 feet from any adjoining residence.
F.
The applicant shall present a detailed written narrative of the proposed
use in sufficient detail to allow the Zoning Hearing Board to properly
evaluate the proposed use. The Zoning Hearing Board shall have the
right to request additional information, studies, etc., as deemed
necessary by, and at the sole discretion of the Zoning Hearing Board,
to evaluate the impact and determine the appropriateness of the proposed
use considering the guidelines below:
(1)
Consideration shall be given to traffic problems. If the nature
of the commercial sawmill is such that it may generate a high volume
of vehicular traffic, as determined by the Zoning Hearing Board, the
Zoning Hearing Board may require access to be via major or minor collector
street as designated by the Township Comprehensive Plan.
(2)
The applicant shall furnish credible evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to noise generating activities.
(3)
Any noise-generating activities.
G.
The operation shall be limited to sawmill services or to sawmilling
related services.
H.
Vehicular access shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
I.
The retail sale of by-products, such as sawdust or bark mulch, produced
on the property shall be permitted.
[Ord. 2002-01, 2/7/2002, § 660; as amended by Ord.
2008-01, 10/20/2008]
In the RR, V and GC Zones and subject to the requirements of
the zone in which the property is located, except as herein modified
and provided:
A.
All height, area, setback and coverage standards within the underlying
zone shall apply.
B.
All off-street parking lots shall be set back 25 feet and screened
from adjoining street and property lines.
C.
All buildings shall be set back at least 50 feet from adjoining residentially
used or zoned land.
D.
If education is offered below the college level, an outdoor play
area shall be provided as follows:
(1)
Outdoor play areas shall be provided at a rate of 100 square
feet per individual enrolled.
(2)
Off-street parking areas shall not be used as outdoor play areas.
(3)
Outdoor play areas shall not be located within the front setback
and shall be set back 25 feet from all property lines.
(4)
Outdoor play areas shall be completely screened from adjoining
residentially used or zoned land.
E.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
F.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site and shall be arranged so that vehicles
do not have to back onto streets to exit the site.
[Ord. 2002-01, 2/7/2002, § 661]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Off-street parking spaces shall be provided according to the schedule
listed in § 304 of this chapter.
B.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only and at least 30 feet wide when
cubicles open onto both sides of the lane.
C.
Required parking spaces may not be rented as, or used for, vehicular
storage or the storage of partially dismantled, wrecked or inoperable
vehicles. However, additional external storage area may be provided
for the storage of privately owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially
occupied or residentially zoned land and adjoining roads and is located
behind the minimum front yard setback line. This provision shall not
be interpreted to permit the storage of partially dismantled, wrecked
or inoperative vehicles.
D.
All storage shall be kept within an enclosed building, except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above.
E.
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover and other
flammable materials, the repair, construction, or reconstruction of
any boat, engine, motor vehicle or furniture is prohibited.
F.
No door openings for any self-storage unit shall be constructed facing
any residentially occupied or residentially zoned property.
G.
Self-service storage facilities shall be used solely for the dead
storage of property. The following lists examples of uses expressly
prohibited upon the site:
(1)
Auctions, commercial wholesale or retail sales or garage sales.
(2)
The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment.
(3)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other similar
equipment.
(4)
Any use that is noxious or offensive because of odors, dust,
noise, fumes or vibrations.
H.
The applicant shall adequately demonstrate that all self-service
storage facilities rental and/or use contracts shall specifically
prohibit these uses.
[Ord. 2002-01, 2/7/2002, § 662]
Within the V and GC Zones (strip shopping center) and the GC
Zone (shopping mall) and subject to the requirements of the underlying
zones, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major
or minor collector road as identified in the Comprehensive Plan.
B.
The following types of commercial and commercial-related establishments
include, but are not limited to:
(1)
Grocery store.
(2)
Banks and similar financial institutions.
(3)
Drugstore.
(4)
Retail sale of goods, provided the total floor area is less
than 100,000 square feet.
(5)
Retail services, including barber/beauty salons, music, dance,
art or photographic studios, repair of small appliances, and laundromat
and dry-cleaning collection stations.
(6)
Professional offices.
(7)
Restaurants and taverns.
(8)
Any other establishment that in the opinion of the Board of
Supervisors is of the same general character as any of the above-identified
uses.
C.
The minimum lot area shall be two acres.
D.
The minimum lot width shall be 200 feet.
E.
The applicant shall demonstrate that access to and the design of
the parking facilities shall not create vehicle backups onto existing
abutting streets.
F.
The maximum building coverage shall be no greater than 25%.
G.
The maximum impervious lot coverage shall be no greater than 70%.
H.
The minimum landscaped area shall be no less than 30%.
I.
No building shall be placed closer than 50 feet to any property line.
Where there exists a more stringent requirement, such requirement
shall apply. Off-street parking shall not be permitted within side
and rear yard setback areas.
[Ord. 2002-01, 2/7/2002, § 663]
Within the A and C Zones and subject to the requirements of
those zones, except as herein modified and provided:
A.
The minimum lot area shall be 25 acres.
B.
Shooting range operations:
(1)
Shall not substantially injure or detract from lawful existing
or permitted uses of neighboring properties.
(2)
May not substantially damage the health, safety or welfare of
the Township or its residents or property owners.
(3)
Must comply with all applicable federal, state and local laws,
rules and regulations regarding the discharge of a firearm.
(4)
Shall limit the storage of ammunition to only that utilized
on the property within 24 hours and then only within an approved safe.
(5)
Shall limit the number of shooters to the number of firing points
or stations identified on the development plan.
(6)
Shall require all shooters to satisfactorily complete an orientation
safety program given in accordance with the National Rifle Association,
or show a valid hunting or gun permit, before being allowed to discharge
any type of firearm.
(7)
Shall limit the consumption of alcoholic beverages to days when
no shooting activities are permitted or when shooting activities are
completed for the day. Alcoholic beverages shall only be consumed
in designated areas at least 500 feet from any firing point or station.
(8)
Shall limit firing to the hours between 10:00 a.m. and two hours
preceding official sunset. No shooting shall be permitted before or
after official hunting times as provided by the Pennsylvania Game
Commission.
C.
A development plan shall be prepared by a registered professional
in accordance with the National Rifle Association's Range Source
Book. The development plan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The development
plan configuration shall be based upon the design effectiveness of
berms, overhead baffles or other safety barriers to contain projectiles
within the range.
D.
The entire firing range including any required safety areas, shall
be completely enclosed with a minimum six-foot-high chain-link fence
that will prevent unauthorized access into the area. Caution signs
shall be affixed to the inside of the fence with eight-inch-tall red
letters on white background stating "CAUTION — SHOOTING RANGE
AREA KEEP OUT." Signs shall be posted at a maximum of fifty-foot intervals
along the entire fenced area.
E.
All surfaces within any required safety areas of the shooting range,
including the backstop, overhead baffles, berms and range flooring,
shall be free from all hard surfaces such as rocks or other material
that could produce a ricochet.
F.
All shooting range facilities, including buildings, parking, firing
range and safety fan, shall be set back a minimum of 100 feet from
all property lines and street lines.
G.
The applicant shall present credible evidence that the sounds of
shooting, as measured at the nearest residentially used or zoned property
do not exceed the ambient noise level.
H.
Off-street parking shall be provided a rate of 1 1/2 spaces
per firing station, but not less than one space per four seats if
off-range seating is provided.
I.
No part of any property of any shooting range shall be located within
1/4 mile of any land zoned residential.
[Ord. 2002-01, 2/7/2002, § 664]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Covered exterior trash receptacles shall be provided and routinely
emptied so to prevent the scattering of litter. The applicant shall
provide credible evidence as to how the use will be controlled so
as not to constitute a nuisance due to noise, light, glare, or litter.
B.
All drive-through window lanes shall be separated from the parking
lot's interior driveways by landscaped islands or concrete curbing.
C.
Access drives, interior drives, parking areas and pedestrian areas
shall be designed and arranged to provide for the safe and uninterrupted
movement of vehicles and pedestrians using the site and to prevent
the blockage of vehicles entering or leaving the site.
D.
All lighting facilities shall be designed in accordance with Township Subdivision and Land Development Ordinance [Chapter 22] and located so as to not produce a glare or direct illumination onto abutting properties.
E.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
F.
All exterior play areas shall be completely enclosed by a minimum
three-foot-high fence.
G.
No part of the subject building shall be located within 200 feet
of any residentially used or zoned land.
H.
Credible evidence must be presented to show that the operation will
be conducted in accordance with all applicable state and/or federal
requirements.
[Ord. 2002-01, 2/7/2002, § 666]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
The applicant shall submit credible evidence of the provisions to
be made to minimize harmful or unpleasant effects (noise, odors, fumes,
glare, vibration and smoke).
C.
A minimum lot area of five acres shall be provided.
D.
All buildings and parking facilities shall be located a minimum of
100 feet from any residentially used or zoned property.
E.
No exterior storage shall be permitted.
F.
Any and all service work shall be performed within a completely enclosed
building.
[Ord. 2002-01, 2/7/2002, § 667]
Within the RR and V Zones and subject to the requirements of
those zones, except as herein modified and provided:
A.
Lot area and width shall be as required by the underlying zoning
district.
B.
Driveways shall be located a minimum of five feet from all property
lines. The area between the driveways shall be maintained in a pervious
landscaped cover.
C.
The units shall comply with all other requirements of the underlying
zone.
[Ord. 2002-01, 2/7/2002, § 668]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated
by the Township Comprehensive Plan.
B.
A buffer yard at least 25 feet wide must be provided on the site
in all instances where the site adjoins residentially used or zoned
property. The buffer yard shall be naturally landscaped, have no impervious
cover and shall not be used for building, parking, loading or storage
purposes.
[Ord. 2002-01, 2/7/2002, § 669]
Within the GC Zone and subject to the requirements of that zone,
except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major
or minor collector street as identified in the Comprehensive Plan.
B.
All service and/or repair activities shall be conducted within a
totally enclosed building.
C.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
D.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded, as part of the service operation shall
be permitted. Materials discarded as part of the service operation
shall be contained within wholly enclosed dumpster equipment.
E.
All exterior vehicle storage areas shall be screened from adjoining
residential and residentially zoned property.
F.
The storage of unlicensed vehicles on the property is prohibited.
G.
All ventilation equipment associated with fuel storage tanks shall
be at least 300 feet and oriented away from any adjoining residential
property or residentially-zoned property.
H.
All vehicles shall be repaired and removed from the premises as promptly
as possible. Any vehicle not receiving repair work within the preceding
seven days shall be removed.
I.
The demolition or storage of junked vehicles is prohibited.
J.
All lights shall be directed toward the business and downward on
the lot.
[Ord. 2002-01, 2/7/2002, § 670]
Within the V and GC Zones and subject to the requirements of
the underlying zone, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major
or minor collector street as identified in the Comprehensive Plan.
B.
The subject property shall have a minimum lot width of 125 feet.
C.
The subject property shall be at least 300 feet from the property
line of any parcel containing a school, day-care facility, playground,
library or nursing, rest or retirement home.
D.
Any vehicle not receiving repair work within the preceding seven
days shall be removed.
E.
Gasoline pump islands shall be at least 30 feet from the street right-of-way
line.
F.
Entrances and exits shall be a minimum of 40 feet in width.
G.
All ventilation equipment associated with fuel storage tanks shall
be at least 300 feet from any adjoining residential property or residentially
zoned property.
H.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
[Ord. 2002-01, 2/7/2002, § 671]
Within the V and GC Zones and subject to the requirements of
the underlying zone, except as hereinafter provided:
A.
The subject tract shall front on and gain access from either an major
or minor collector street as identified in the Comprehensive Plan.
B.
Public sewer and public water shall be utilized; however, where public
water and sewer facilities are not available, private, on-lot wastewater
recycling systems shall be required.
C.
The application shall include a water feasibility study, prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] which provides for an adequate supply without any adverse impact on any adjoining existing or potential future uses.
D.
Access drives, interior drives, parking areas and pedestrian areas
shall be designed and arranged to provide for the safe and uninterrupted
movement of vehicles and pedestrians using the site and to prevent
the blockage of vehicles entering or leaving the site.
E.
Each vehicle wash bay in an automatic/conveyorized facility shall
provide a stacking lane for 10 vehicles. Each car wash bay in a self-serve
facility shall provide a stacking lane for three vehicles.
F.
All structures shall have a minimum setback of 100 feet from any
street right-of-way line, 50 feet from any rear property line and
25 feet from any side lot line.
G.
The site shall be kept debris and trash free with the owner or manager
of the car wash responsible for daily site maintenance.
H.
All entrances to the vehicle wash facility shall be designed so that
vehicle backup on abutting roads does not occur.
[Ord. 2002-01, 2/7/2002, § 672]
Within the GC Zone with subject to the requirements of that
zone, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major
or minor collector street as identified in the Comprehensive Plan.
B.
The applicant for a warehousing or wholesale trade establishment
shall provide a detailed written description of the proposed use in
each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials and the methods for disposal
of any surplus or damaged materials.
(2)
The general scale of the operation in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts.
(4)
Expected traffic impacts (number of total vehicle trips per
day, peak hour trips, breakdown of trips by vehicle size, trip distribution,
effects on existing volumes of nearby corridors and intersections
serving traffic generated by the proposed use) and any measures or
improvements that will be used to assure an acceptable level of service.
C.
All buildings shall be set back a minimum of 100 feet from any adjoining
residence or residentially zoned properties.
D.
Screening shall be provided in accordance with this chapter.
