A.
Purpose. The primary purpose of this zone is to promote the continuation
and preservation of agricultural activities in those areas most suitable
for such activities and where such activities have historically occurred
within the Township. Areas contained within this zone have been specifically
identified as possessing valuable and nonrenewable natural and cultural
resources. This Zone also intends to protect and stabilize the Township's
viable agricultural economy by eliminating uses that are incompatible
with farming, but permitting a wide range of commonly occurring, limited-scale
business uses (e.g., retail sale of agricultural products, small engine
repair, bake shops, lawn care). Consequently, residential uses are
limited and any future inhabitants in this zone must be willing to
accept the impacts associated with normal farming practices and related
businesses. It is the Township's intent for the provisions of this
chapter to comply with the ACRE legislation and the Nutrient and Odor
Management Act. Finally, the provisions of this zone have been specifically
formulated to further the objectives of the Municipalities Planning
Code (MPC),[1] which provides that local zoning ordinances shall be designed
"to preserve prime agriculture and farm land considering topography,
soil type and classification, and present use."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry-related uses.
(5)
Public uses and public utilities structures (subject to the requirements standards listed in § 425-96).
(6)
Single-family detached dwellings.
(7)
Single-family detached dwellings that do not conform to the minimum lot area requirements imposed by this section, but were in existence as of September 19, 1990. For purposes of future construction on such lots, the design standards listed in § 425-12 of this chapter shall apply.
(8)
Accessory uses customarily incidental to the above permitted uses,
including but not limited to the following:
(a)
Accessory manure digesters systems, subject to the following:
[1]
Manure digester systems shall be permitted as accessory uses
and/or accessory structures to the active agricultural or farm principal
use of at least 10 acres used to generate and supply electrical or
thermal power exclusively for on-site use by the agricultural or farm
principal use, except that when a property upon which the manure digester
is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company.
[2]
Manure digester systems shall comply with all dimensional requirements
for farms and/or agricultural uses.
[3]
Manure digester systems shall be designed in compliance with
the guidelines outlined in the Pennsylvania Department of Environmental
Protection's (PADEP) Bureau of Water Quality Management publication,
and any revisions, supplements, and replacements thereof, published
by the PADEP.
[4]
All manure digester systems shall be designed and operated in
strict compliance with all applicable state and federal laws and regulations.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
[5]
A certified professional, qualified to do such, shall furnish
and explain all details of construction, operation, maintenance and
necessary controls related to the manure digester system.
[6]
The applicant shall provide a detailed description of 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. The applicant shall further furnish evidence
that the impacts generated by the proposed use fall within acceptable
levels as regulated by applicable laws and ordinances and commonly
accepted standards.
[7]
No manure digester system shall be installed until evidence
has been given that the utility company has been informed of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
[8]
All transmission lines to and from any manure digester system
shall be buried underground.
(b)
Beekeeping, subject to the following:
[1]
It shall be the duty of the applicant to maintain each colony
so as to not create a public nuisance.
[2]
Colonies shall be maintained in movable frame hives.
[3]
Hives shall be located only within the rear yard and shall be
situated to maximize sunshine exposure and/or natural wind protection.
[4]
In no case shall hives be located within 25 feet of any property
line.
[5]
All hives shall have access to an on-site water supply. Unless
a natural water supply exists on the subject property, the applicant
shall furnish a water-filled tank with a board or crushed rock for
the bees to land on.
[6]
Hives shall not be oriented to children's play areas, or neighboring
properties.
[7]
Adequate techniques in handling bees such as requeening and
adequate hive space shall be maintained to prevent unprovoked stinging
75 feet or more from the hive.
(c)
Family day-care facilities as defined herein.
(d)
Manure storage facilities, subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance
with the guidelines outlined in the publication Manure Management
for Environmental Protection, Bureau of Water Quality Management Publication
No. 43, and any revisions, supplements, and replacements thereof,
published by the PADEP.
[2]
All waste storage facilities' designs shall be reviewed by the
Lancaster County Conservation District (LCCD). The applicant shall
furnish a letter from the LCCD attesting to approval of the design
of the proposed facility.
[3]
Construction and subsequent operation of the waste storage facility
shall be in accordance with the permit and the approved design. Any
design changes during construction or subsequent operation will require
the obtainment of another review by the LCCD.
(e)
Noncommercial keeping of livestock, permitted only in the (A)
Agricultural Zone and (R) Rural Zone, subject to the following criteria:
[1]
Minimum lot area.
[a]
One acre; additionally, the following list specifies
additional area requirements by size of animals kept:
[i]
Group 1. Animals whose average adult weight is
less than 10 pounds shall be permitted at an animal density of 12
per acre, with a maximum number of 50 animals.
[ii]
Group 2. Animals whose average adult weight is
between 10 and 65 pounds shall be permitted at an animal density of
two per acre, with a maximum number of 20 animals.
[iii]
Group 3. Animals whose average adult weight is
greater than 65 pounds shall be permitted at an animal density of
two per acre of area dedicated solely to the stabling/grazing/pasturing
of said animal(s) and no other use, with a maximum number of 10 animals.
[b]
The keeping of a combination of animal types (Group
1, 2 and 3) shall require an animal density equal to the ratio of
the number of animals, by type. In no case shall a lot contain more
than 50 total animals. Should one structure be used to house a combination
of animal types, the most restrictive setback shall apply.
[2]
The following lists minimum setbacks (from all property lines)
imposed upon the placement of any structure used to house noncommercial
livestock:
[3]
All structures used to house noncommercial livestock shall be
prohibited from placement in the front yard.
[4]
The area within which the animals are maintained (whether in
a shelter and/or exercise pen and/or pasture) shall be kept in a grass
cover and shall not degrade to a bare earth and or erodible condition.
[5]
Any drainage field or absorption area for an individual or community
sewage system, including a tested replacement location, shall be fenced
so that animals do not have access to such area.
[6]
All outdoor pasture/recreation areas shall be enclosed with
fencing to prevent the escape of the animals; the fence for such areas
adjacent to any zones other than (A) Agricultural; (R) Rural; or (C)
Conservation Zones shall be located at least 10 feet from the property
line(s).
[7]
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line. All animals,
their housing, and their outdoor pasture/recreation areas shall be
properly maintained so as not to become a nuisance to adjoining properties.
[8]
Animals shall be maintained on a noncommercial basis and be
clearly secondary and incidental to the principal use.
(f)
Roadside stands for the sale of agricultural products, subject
to the following:
[1]
Any structure used to display such goods and related parking
shall be no more than 2,000 square feet in size for each 10 acres
on the farm, and shall be located at least 25 feet from any property
line.
[2]
At least half of the products displayed for sale must have been
produced on the premises.
[3]
Off-street parking shall be provided for all employees and customers.
(g)
Woodworking shops, subject to the following:
[1]
The use shall be clearly incidental to the primary use of the
premises as a dwelling for living purposes.
[2]
The activity shall be conducted by the full-time resident of
the property, with the help of no more than the equivalent of one
full-time nonresident.
[3]
The activity must be conducted within a completely enclosed
building(s).
[4]
There shall be no outdoor storage of materials and equipment
used in the activity.
[5]
No sales of any goods or merchandise shall occur on the premises,
other than those goods or merchandise that are produced on the premises.
[6]
No commercial vehicles used in the business shall be permitted
to be parked in any of the required yards.
[7]
The owner shall not allow a nuisance condition to be created
in terms of excessive noise, dirt, or odor. Additionally, the activity
shall be conducted in a manner that does not allow the accumulation
of trash and debris.
C.
Special exception uses. (Subject to the review procedures listed in § 425-123C of this chapter.)
(2)
Agricultural support businesses (see § 425-51) including, but not limited to:
(a)
Commercial grain or commercial feed mills.
(b)
Commercial stockyards.
(c)
Facilities for the commercial processing of agricultural products.
(d)
Facilities for the warehousing, distribution, sales and service
of agricultural equipment, vehicles, feed or supplies.
(e)
Facilities for the warehousing and distribution of commercially
processed agricultural products.
D.
Lot area requirements.
(1)
Farm agricultural use: 10 acres.
(2)
Nonagricultural uses.
(a)
For each 25 acres of contiguous land in single ownership as
of September 19, 1990, there may be one lot sold or utilized for a
single-family detached dwelling or other principal nonagricultural
use, provided that the minimum lot area be sufficient to meet the
requirements of PADEP for water supply and wastewater disposal, as
well as setback, lot coverage and other dimensional requirements,
and a maximum lot size of two acres; however, the minimum lot area
requirement may be reduced to 12,500 square feet if both public sewer
and public water are utilized;
(b)
For each tract of contiguous land in single ownership that is
two acres or more, but less than 25 acres, as of September 19, 1990,
there may be only one lot sold or utilized for a single-family dwelling
or other nonagricultural use. The lot area shall be a minimum sufficient
to meet the requirements of PADEP for water supply and wastewater
disposal, as well as setback, lot coverage and other dimensional requirements
and a maximum of two acres; however, this minimum lot area requirement
may be reduced to 12,500 square feet if both public sewer and public
water are utilized;
(c)
The provisions of Subsection D(2)(a) and (b) of this section shall apply to all parcels of land legally existing on September 19, 1990. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots or other nonagricultural use pursuant to this section. Similarly, any subsequent owner of any parcel of land legally existing on September 19, 1990 shall be bound by the actions of previous owners, in that such current owner may only subdivide for purposes of additional single-family dwellings or other nonagricultural use the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the (A) Agricultural Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings or other nonagricultural use as determined by the provisions of this section;
(d)
In the event a tract of land, which was not classified as part
of the (A) Agricultural Zone on September 19, 1990, is hereafter classified
as part of the (A) Agricultural Zone, the size and ownership of such
tract of land shall be determined as of the effective date of the
change in the zoning zone classification; and
(e)
For those vacant lots in existence on September 19, 1990, and containing less than one acre, there may be one single-family-detached dwelling constructed subject to the standards listed for such dwellings in § 425-12 of this chapter.
(f)
A subdivision, the sole purpose of which is to transfer land
to increase the size of an existing residential lot in accordance
with the following criteria:
[Added 3-4-2019 by Ord.
No. 4-2019]
[1]
The residential lot shall not exceed the maximum lot area for single-family dwellings set forth in § 425-11D(2)(a) after the land is added, and the parent tract shall meet the minimum lot area after land is removed.
[2]
Both the existing residential lot to which the land is added
and the parent tract from which the land is removed shall comply with
all setback, yard, coverage and other regulations after the transfer
of land.
[3]
Where practical, the Township encourages that the new property
line for the residential lot should follow a natural boundary line
such as streams, ridges, streets, hedge rows, tree lines, culverts
or similar features or be parallel to the existing property line of
the residential lot.
F.
Minimum setbacks and maximum height requirements.
(1)
Agricultural, horticultural and forestry-related uses:
(a)
Front yard setback: 50 feet.
(b)
Side yard setback: 50 feet on each side (100 feet total).
(c)
Rear yard setback: 50 feet.
(d)
Special setback requirements.
[1]
Except as provided for in the following Subsection F(1)(d)[2], no new slaughter area, area for the storage or processing of garbage or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock, or any building housing commercial livestock shall be permitted within 300 feet of any property line within the (R) Rural; (RL) Low-Density Residential; (RM) Medium-Density Residential; (RH) High-Density Residential; (RL1) Low-Density Residential Flex; (RM1) Medium-Density Residential Flex; and (RH1) High-Density Residential Flex Zones. The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management and Odor Management Act.[3]
[3]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
[2]
The Zoning Hearing Board may, as a special exception, however,
reduce the above special setback requirements where it is shown that,
because of prevailing winds, unusual obstructions, topography, or
other conditions, a lesser distance would protect adjoining lands
from odor, dust, or other hazards. In no case, however, shall the
Zoning Hearing Board reduce the special setback requirement to less
than 100 feet. The burden shall be upon the applicant to prove that
a lesser distance would not be detrimental to the health, safety,
and general welfare of the community.
(e)
Maximum permitted height: 150 feet, provided all structures
are set back a distance at least equal to their height from all property
lines.
(4)
Other permitted, special exception or conditional uses. Unless otherwise
specified, the following requirements shall apply to all other principal
uses permitted within the (A) Agricultural Zone:
(5)
Residential accessory uses: Unless otherwise specified, the following
requirements shall apply to accessory uses:
(a)
Front yard setback: no accessory use (except roadside stands
and permitted signs) shall be located within the minimum required
front yard.
[Amended 8-2-2021 by Ord. No. 8-2021]
(b)
Side yard setbacks: five feet on each side.
(c)
Rear yard setback: five feet.
(d)
Maximum permitted height: 30 feet.
|
Note: These setbacks shall not apply to agricultural fences
that are used to contain agricultural livestock. Such fences shall
be set back a minimum of six feet from any adjoining street right-of-way
lines.
|
G.
Maximum lot coverage.
(1)
Agricultural horticultural and forestry-related uses: 10%. Lot coverage
for agricultural horticultural and forestry-related uses may be increased
to not more than 20% by special exception from the Zoning Hearing
Board.
(2)
Single-family detached dwellings: 30% or 15,000 square feet, whichever
is less.
(3)
Nonconforming churches and public uses: 70%.
(4)
Other uses (unless otherwise specified): 20%.
H.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 425-39 of this chapter. All access drives serving other uses shall be in accordance with § 425-40 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements.
I.
All uses permitted within this zone shall also comply with the general provisions contained within Article III of this chapter.
J.
Agricultural nuisance disclaimer. All lands within the (A) 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 the Pennsylvania
Act 133 of 1982, the Right to Farm Law,[4] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[4]
Editor's Note: See 3 P.S. § 954.
K.
Vegetation setback requirement. On any separate nonfarm parcel, no
shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any land used for agricultural purposes.
A.
Purpose. The primary purpose of this zone is to promote a continuation
of the rural character of the area, characterized by a mixture of
sparsely developed residential uses, limited farming, a wide range
of commonly occurring, limited-scale business uses (e.g., retail sale
of agricultural products, lawn care, bake shop, small engine repair),
and other small-scale public utility nonresidential uses. These areas
are not likely to be served by public sewer nor water facilities within
the foreseeable future; therefore; larger lot sizes are indicated.
This zone includes areas not possessing prime agricultural soils.
Finally, several nonresidential land uses have been allowed within
this zone by special exception or conditional use. These uses have
been targeted for the rural landscape as a means of protecting the
Township's sensitive environmental features, its prime agricultural
soils and its other more densely populated portions. Numerous protective
criteria are attached to these uses to ensure their compatibility
within this and other zones within the Township.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry related uses, subject to the standards listed in § 425-11 of this chapter.
(3)
Beekeeping, subject to the requirements listed in § 425-11B(8)(b) of this chapter.
(4)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(6)
Noncommercial keeping of livestock, subject to the requirements of § 425-11B(8)(e) of this chapter.
(7)
Public uses and public utilities structures.
(8)
Single-family detached dwellings.
(9)
Accessory uses customarily incidental to the above permitted uses.
C.
Special exception uses. (Subject to the review procedures listed in § 425-123C of this chapter.)
(3)
Churches and related uses greater than 20,000 square feet but not to exceed 70,000 square feet in building area (see § 425-62).
E.
Lot area requirements.
(1)
Unless otherwise specified, all uses within this zone shall contain
a minimum lot area sufficient to meet the requirements of PADEP for
water supply and wastewater disposal, as well as setback, lot coverage
and other dimensional requirements. In areas of the Township where
ambient groundwater nitrate-nitrogen levels do not require a hydrogeologic
study, the minimum lot size shall be 1/2 acre.
(2)
As of March 6, 2000:
(a)
One lot may be subdivided for each five acres of contiguous
land in single ownership, provided that:
(b)
Not more than a cumulative total of 40% of the contiguous land
area in single ownership may be subdivided.
(c)
Any driveway intersecting an existing public street shall be
located a minimum of 500 feet from any adjacent driveway, regardless
of the parcel in which the driveway is located. This section shall
apply to any tracts of land created after September 12, 2004.
(3)
The provisions of Subsection E(2) of this section shall apply to all parcels of land legally existing on March 6, 2000. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional lots pursuant to this section. Similarly, any subsequent owner of any parcel of land legally existing on March 6, 2000, shall be bound by the actions of previous owners in that such current owner may only subdivide the number of lots or percentage of land area, if any, remaining from the original number of lots and/or percentage of original land area permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the (R) Rural Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of lots and/or percentage of original land area available for subdivision, as determined by the provisions of this section.
(4)
In the event a tract of land, which was not classified as part of
the (R) Rural Zone on March 6, 2000, is hereafter classified as part
of the (R) Rural Zone, the size and ownership of such tract of land
shall be determined as of the effective date of the change in the
zone classification.
F.
Minimum lot width: 175 feet at the building setback line.
G.
Maximum lot coverage. Unless otherwise specified, 30%.
[Amended 3-4-2019 by Ord.
No. 4-2019]
H.
Minimum setback requirements.
(1)
Principal structures.
(a)
Front yard setback. The following table lists required front
yard setbacks from the right-of-way line of various road types depicted
on the Official Zoning Map and/or defined herein. See the following
table:
|
Road Type
|
Setback
(feet)
|
|---|---|
|
Arterial
|
40
|
|
Collector
|
35
|
|
Local
|
35
|
(b)
Side yard setbacks: 15 feet on each side (30 feet total).
(c)
Rear yard setback: 35 feet.
I.
Maximum permitted height.
(1)
Agricultural horticultural and forestry-related uses (other than
farm dwellings): 150 feet, provided all structures are set back a
distance at least equal to their height from all property lines.
(2)
Single-family detached dwelling (including farm dwellings): 35 feet.
(3)
Churches and public uses: 50 feet.
(4)
Other permitted, special exception, or conditional uses (unless otherwise
specified): 35 feet.
(5)
Residential accessory uses (unless otherwise specified): 30 feet.
K.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
L.
Agricultural nuisance disclaimer. All lands within this 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 the Pennsylvania
Act 133 of 1982, the Right to Farm Law,[2] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[2]
Editor's Note: See 3 P.S. § 954.
M.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
A.
Purpose. This zone accommodates low-density suburban residential
development growth within the Township. This Zone coincides with expected
public sewer and public water service areas. Based upon the findings
and recommendations of the Township's Official Sewage Plan, residential
development in this Zone is only permitted when both public sewer
and public water are utilized. This ensures efficient use of the planned
public utilities services areas by preventing their premature development
with problematic on-lot utilities. Nonresidential uses have been largely
excluded from this zone to ensure a pleasant neighborhood setting.
Clustering provisions are furnished via special exception review.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry related uses, subject to the standards listed in § 425-11 of this chapter.
(2)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(4)
Public and/or nonprofit parks.
(5)
Public uses and public utilities structures.
(6)
Single-family detached dwellings, provided that both public sewer
and public water are utilized.
(7)
Accessory uses customarily incidental to the above permitted uses.
C.
E.
Lot area requirements. Unless otherwise specified, all uses within
this zone shall contain a minimum of 15,000 square feet.
F.
Minimum lot width: 90 feet at the minimum front yard setback; 75
feet at the street right-of-way line.
G.
Maximum lot coverage, unless otherwise specified: 30%.
H.
Minimum setback requirements.
(1)
Principal structures.
(a)
Front yard setback. The following table lists required front
yard setbacks from the right-of-way line of various road types depicted
on the Official Zoning Map and/or defined herein. See the following
table:
|
Road Type
|
Setback
(feet)
|
|---|---|
|
Arterial
|
40
|
|
Collector
|
30
|
|
Local
|
30 (subject to § 425-33 of this chapter)
|
(b)
Side yard setbacks: 15 feet on each side (30 feet total).
(c)
Rear yard setback: 35 feet.
K.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
L.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
A.
Purpose. This zone accommodates medium-density suburban residential
development growth within the Township. This zone coincides with existing
and expected public sewer and public water service areas. Both single-family
detached and duplex housing styles are permitted when both utilities
are utilized. This zone has been located around existing medium-density
neighborhoods and where roads are, or will be, adequate to accommodate
the additional traffic generated. Various residential-related uses
are permitted by special exception and clustering is also provided
via special exception.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry uses, subject to the standards listed in § 425-11 of this chapter.
(2)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(3)
Duplexes, provided that both public sewer and public water are utilized.
(5)
Public uses and public utilities structures.
(6)
Single-family detached dwellings, provided that both public sewer
and public water are utilized.
(7)
Accessory uses customarily incidental to the above permitted uses.
C.
E.
Design standards. See the following table:[4]
[4]
Editor's Note: The Design Standards Table for the (RM) Medium-Density Residential Zone is included as an attachment to this chapter.
F.
Maximum permitted height.
(1)
Principal structures: 35 feet.
(2)
Accessory structures: Up to 30 feet in height, minimum yard setbacks
- rear feet equal to the height of the structure per Attachment 1[5].
[Amended 8-2-2021 by Ord. No. 8-2021]
[5]
Editor's Note: The Design Standards Table for the (RM) Medium-Density Residential Zone is included as an attachment to this chapter.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub nor tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
A.
Purpose. This zone is intended to provide for the higher-density
residential needs of the Township. It accommodates the widest range
of housing types available within the Township at densities higher
than those permitted elsewhere. This zone is logically located around
existing higher-density neighborhoods outside of Millersville and
Mountville Boroughs, as well as other built-up areas of the Township.
Both public sewer and public water are planned to be, or are available.
Similarly, adjoining roads are, or are planned to be, adequate to
accommodate the additional traffic generated by uses in this zone.
Finally, cluster developments are allowed by special exception, and
encouraged with the use of density bonus incentives.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry related uses, subject to the standards listed in § 425-11 of this chapter.
(2)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(3)
Duplexes, provided that public sewer and public water are used.
(4)
Multiple-family dwellings, provided that public sewer and public
water are used.
(6)
Public and/or nonprofit parks.
(7)
Public uses and public utilities structures.
(8)
Single-family detached dwellings, provided that public sewer and
public water are used.
(9)
Townhouses, provided that public sewer and public water are used.
(10)
Accessory uses customarily incidental to the above permitted
uses.
C.
E.
Design standards. See the following table:[3]
[3]
Editor's Note: The Design Standards Table for the (RH) High-Density Residential Zone is included as an attachment to this chapter.
F.
Maximum building length. In no case shall any building exceed 175
feet along its longest dimension.
G.
Maximum permitted height.
(1)
Principal buildings and structures: 35 feet.
(2)
Accessory structures: Up to 30 feet in height, minimum yard setbacks
- rear feet equal to the height of the structure or 20 feet, whichever
is less per Attachment 2[4].
[Amended 8-2-2021 by Ord. No. 8-2021]
[4]
Editor's Note: The Design Standards Table for the (RH) High-Density Residential Zone is included as an attachment to this chapter.
I.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
J.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
A.
Purpose. The purpose of this zone is to provide basic convenience
commercial goods and services to local residents who live in the existing
Villages. Uses have been limited to those that residents are likely
to need on a daily or regular basis. Overall, retail size has been
restricted to prevent the establishment of intensive commercial uses
that exceed the local orientation of this zone. This zone has been
sized to permit a grouping of several businesses; lot sizes may vary
depending upon the use of public utilities. This zone has been located
amid the various residential concentrations to facilitate convenient
access to these services without creating additional congestion to
and from larger commercial centers. Strict design standards have been
imposed to keep uses in this zone compatible with nearby homes.
B.
Permitted uses.
(1)
Banks and similar financial institutions.
(2)
Churches and related uses, but not to exceed 70,000 square feet in building area (see § 425-62).
(3)
Medical and dental clinics and offices.
(5)
Offices.
(6)
Public uses and public utilities structures.
(7)
Recycling collection facilities, provided such facilities are sufficiently
enclosed to prevent the scattering of debris, the materials collected
are removed at regular intervals, the facility is posted to prohibit
the disposal of any material, good or furnishing that cannot be placed
within the actual recycling bin, and the total size of the facility
is less than 300 square feet.
(8)
Restaurants (but not including drive-through or fast-food restaurants
or nightclubs).
(9)
Retail sale and/or rental of goods (including convenience stores),
provided the total sales and/or display area is less than 3,600 square
feet.
(10)
Retail services including: barber/beauty salons; music, dance,
art or photographic studios and repair of clocks and small appliances.
(11)
Shopping centers with any of those uses permitted in this section.
(12)
Veterinarian offices, provided no outdoor keeping of animals
is permitted.
(13)
Accessory uses customarily incidental to the above permitted
uses.
C.
Special exception uses (see § 425-123C of this chapter).
D.
Lot area, lot width, and lot coverage requirements. See the following
table:
|
Utilized Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
|---|---|---|---|
|
None
|
43,560*
|
200
|
35%
|
|
Public water
|
32,670*
|
150
|
40%
|
|
Public sewer
|
20,000
|
125
|
45%
|
|
Both public sewer and public water
|
15,000
|
100
|
70%
|
|
NOTES:
| |
|
*
|
Unless otherwise specified, all uses within this zone shall
contain a minimum lot area sufficient to meet the requirements of
PADEP for water supply and wastewater disposal, as well as setback,
lot coverage and other dimensional requirements.
|
E.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings, structures (except permitted signs),
and outdoor loading areas shall be set back at least 10 feet from
the right-of-way of a local street, 30 feet from a collector, and
40 feet from an arterial. Off-street parking lots shall be set back
a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures (except permitted
signs) shall be set back at least 15 feet from the side lot lines.
Off-street parking lots and loading areas shall be set back at least
10 feet from the side lot lines, unless joint parking facilities are
shared by adjoining uses. In such instances, one of the side yard
setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking
lots and loading areas shall be set back at least 20 feet from the
rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within any of the
residential zones shall maintain a twenty-five-foot separation for
nonresidential buildings, structures, off-street parking lots and
loading areas from the residentially zoned parcels. Such areas shall
be used for a landscape strip and screen.
F.
Maximum permitted height: 35 feet.
G.
Off-street loading. Off-street loading shall be provided as specified in § 425-42 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within any of the residential zones, nor any side of a building facing an adjoining street.
H.
Off-street parking. Off-street parking shall be provided as specified in § 425-41 of this chapter.
K.
Screening. A visual screen must be provided along any adjoining lands within any of the residential zones, regardless of whether or not the residentially zoned parcel is developed. (See § 425-43 of this chapter.)
L.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 425-43 of this chapter.)
(2)
A minimum ten-foot-wide landscape strip shall be provided along all
property lines. Such landscape strip can be waived for that portion
of the site occupied by a joint parking lot and/or loading area shared
by adjoining uses.
M.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
and/or properties. All dumpsters shall be set back a minimum of 50
feet from any adjoining residentially zoned properties. All waste
receptacles shall be completely enclosed.
N.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
O.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
P.
Outdoor storage. Within this zone, no outdoor storage or display
of merchandise is permitted.
A.
Purpose. This zone provides suitable locations with public sewer
and water for larger-scale and/or highway-oriented retail, service
and entertainment businesses. The uses often involve outdoor activities
and/or storage areas like automobile, boat and trailer sales and service
establishments. The uses provided in this zone are meant to serve
local residents as well as those motorists passing through the Township.
Access to these areas is provided by adjoining major roads. Specific
setbacks are imposed upon outdoor storage areas to protect adjoining
properties, and landscaping requirements should help to create an
attractive site appearance. Finally, certain design incentives are
provided for integrated uses that share access, parking, loading,
signage, etc.
B.
Permitted uses.
(1)
Automobile, boat, farm machinery, mobile home, and trailer sales.
(2)
Banks and similar financial institutions.
(3)
Churches and related uses, but not to exceed 70,000 square feet in building area (see § 425-62).
(4)
Dry cleaners, laundries and laundromats.
(5)
Funeral homes, mortuaries, and crematoriums.
(6)
Hotels, motels and similar lodging facilities.
(7)
Medical and dental clinics and offices.
(8)
Offices.
(9)
Public uses and public utilities structures.
(10)
Recycling collection facilities, provided such facilities are
sufficiently enclosed to prevent the scattering of debris, the materials
collected are removed at regular intervals, the facility is posted
to prohibit the disposal of any material, good or furnishing that
cannot be placed within the actual recycling bin, and the total size
of the facility is less than 300 square feet.
(11)
Restaurants and taverns (but not including drive-through or
fast-food restaurants, nor nightclubs).
(12)
Retail sale of goods and services, including but not limited
to auto parts stores, without installation.
(13)
Schools (excluding vocational and mechanical trade schools).
(14)
Shops for contractors of plumbing, heating, air conditioning,
electrical, roofing, flooring, glass and windows, insulation, carpentry
and cabinet making, and other structural components of buildings.
(15)
Theaters and auditoriums.
(16)
Accessory uses customarily incidental to the above permitted
uses.
(17)
Veterinary clinic (no long-term boarding or kennels).
[Added 3-4-2019 by Ord.
No. 4-2019]
C.
Special exception uses (subject to the procedures presented in § 425-123C of this chapter).
(3)
Automobile, boat, trailer, truck, farm machinery, and mobile home service and repair facilities, including but not limited to auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops (see § 425-55).
D.
Lot area, lot width and lot coverage requirements. See the following
table:
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
|---|---|---|
|
15,000
|
100
|
70%
|
E.
Minimum setback requirements.
(1)
Front yard setback. All buildings, structures (except permitted signs),
and loading areas shall be set back at least 35 feet from the street
right-of-way; off-street parking lots and outdoor storage areas shall
be set back a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures shall be set back
at least 15 feet from the side lot lines. Off-street parking lots,
loading areas, and outdoor storage areas shall be set back at least
10 feet from the side lot lines, unless these facilities are shared
by adjoining uses. In such instances, one of the side yard setbacks
can be waived solely for these facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking
lots, loading areas, and outdoor storage areas shall be set back at
least 20 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within any of the
residential zones shall maintain a twenty-five-foot setback for buildings,
structures, off-street parking lots, loading areas, and outdoor storage
areas, from the residentially zoned parcels. Such area shall be used
for a landscape strip and screen.
F.
Maximum permitted height. Height shall not exceed 70 feet above the finished grade. Structures exceeding 40 feet shall be set back an additional one foot for every two feet increase in height over 40 feet from side and rear property line setback requirements in § 425-17E of this chapter. However, if the lot is adjacent to any of the residential zones, the minimum yard dimension for the yard immediately adjoining any of the residential zones shall be increased by two feet for every one foot of building height over 40 feet. This increase shall be in addition to all other minimum setback requirements of § 425-17E of this chapter.
G.
Off-street loading. Off-street loading shall be provided as specified in § 425-42 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing an adjoining street.
H.
Off-street parking. Off-street parking shall be provided as specified in § 425-41 of this chapter.
K.
Screening. A visual screen must be provided along any adjoining lands within any of the residential zones, regardless of whether or not the residentially zoned parcel is developed. (See § 425-43 of this chapter.)
L.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 425-43 of this chapter.)
M.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining residentially zoned properties. All waste receptacles
shall be completely enclosed.
N.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
O.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
P.
Outdoor storage. Within this zone, outdoor storage is permitted,
provided all outdoor storage areas are screened from adjoining roads
and properties, and the outdoor storage areas comply with the setbacks
imposed within this section. The outdoor storage areas for automobile
sales uses need not be screened from adjoining roads.
A.
Purpose. This zone provides for a wide range of office uses that
are protected from other commercial activities. These districts are
located close to commercial centers, along major roads, and in areas
served by both public sewer and public water. In addition, this zone
can be used as a transitional land use separating any of the residential
zones from any of the nonresidential zones. Lot area requirements
have been kept small so that smaller offices can be constructed individually
rather than as part of a larger office complex.
B.
D.
Lot area, lot width and lot coverage requirements. See the following
table:
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|
|
15,000
|
100
|
60%
|
E.
Minimum setback requirements.
(1)
Front yard setback. All buildings, structures (except permitted signs),
and loading areas shall be set back at least 35 feet from the street
right-of-way; off-street parking lots shall be set back a minimum
of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures shall be set back
at least 15 feet from the side lot lines. Off-street parking lots
and loading areas shall be set back at least 10 feet from the side
lot lines, unless these facilities are shared by adjoining uses. In
such instances, one of the side yard setbacks can be waived solely
for these facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking
lots, and loading areas shall be set back at least 20 feet from the
rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within any of the
residential zones shall maintain a twenty-five-foot setback for buildings
structures, off-street parking lots, and loading areas, from the residentially
zoned parcels. Such area shall be used for a landscape strip and screen.
F.
Maximum permitted height: 35 feet.
G.
Off-street loading. Off-street loading shall be provided as specified in § 425-42 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within any of the residential zones, nor any side of a building facing an adjoining street.
H.
Off-street parking. Off-street parking shall be provided as specified in § 425-41 of this chapter.
K.
Screening. A visual screen must be provided along any adjoining lands within any of the residential zones, regardless of whether or not the residentially zoned parcel is developed. (See § 425-43 of this chapter.)
L.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 425-43 of this chapter.)
M.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining residentially zoned properties. All waste receptacles
shall be completely enclosed.
N.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
O.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
P.
Outdoor storage. No outdoor storage is permitted.
A.
Purpose. This zone provides for a wide range of industrial and office
activities, and support services, which contribute to the well-being
of the Township by diversifying its economy and providing valuable
employment opportunities. The required lot sizes have been kept small
to accommodate the startup industries that are likely to emerge and
still provide for a campus atmosphere to create attractive site design
and moderate the objectionable impacts associated with industrial
uses. Substantial setbacks are used to protect adjoining residences.
B.
Permitted uses.
(1)
Primary permitted uses. In the (I) Industrial Zone, the following
uses are permitted:
(a)
Agricultural, horticultural and forestry-related uses, subject to the requirements of § 425-11 of this chapter.
(b)
Bookbinding, printing and publishing.
(e)
Industrial uses involving manufacturing, processing, packaging,
production, repair, or testing of materials. goods, and products,
including those industries performing primarily conversion, assembly,
or nontoxic chemical operations.
(f)
Laboratories for medical, science, industrial research and development.
(g)
Mini-warehousing facilities.
(h)
Offices.
(i)
Parking lots and facilities.
(j)
Public and/or nonprofit parks.
(k)
Public uses and public utilities structures.
(l)
Recycling collection facilities, provided that such facilities
are sufficiently enclosed to prevent the scattering of debris, the
materials collected are removed at regular intervals, the facility
is posted to prohibit the disposal of any material, goods or furnishings
that cannot be placed within the actual recycling bin, and the total
size of the facility is less than 300 square feet.
(m)
Shops for contractors of plumbing, heating, air conditioning,
electrical, roofing, flooring, glass and windows, insulation, carpentry
and cabinet making, and other structural components of buildings.
(n)
Signmakers.
(o)
Vocational and mechanical trade schools.
(p)
Warehousing and wholesale trade establishments having a gross
floor area of 100,000 square feet or less.
(q)
Accessory uses customarily incidental to the above permitted
uses, including, without limitation: retail sales of products that
are produced or manufactured and/or assembled on the premises as an
accessory use to a permitted manufacturing product or process, provided
that separate structures for retail use shall be limited to 5,000
square feet, and retail sales as part of a manufacturing process shall
be limited to 35% of the total floor area and shall not exceed 5,000
square feet for each retail use.
(2)
Industrial/business support uses:
(a)
On any tract of land that contains a minimum of 200 acres as
of August 3, 1998, the following industrial/business support uses
are permitted:
(b)
In addition, the following uses shall be permitted when proposed for use in connection with an industrial/business development subject to the limitations set forth in § 425-19B(3) below:
(3)
Limitations on business/support uses. The uses set forth in § 425-19B(2)(b)[1] through [6] (the "accessory uses") are permitted only when proposed within a subdivision or land development plan in connection with the uses permitted pursuant to § 425-19B(1) and (2)(a)[1] and [2] (the "principal uses") of this chapter, subject to the following:
(a)
The aggregate building area for the accessory uses shall not
exceed 10% of the aggregate building areas for the principal uses.
The aggregate building areas for the principal uses and accessory
uses shall be determined by the total building areas for the uses
which are proposed within the subdivision or land development plan
or which is existing within the industrial/business development of
which the proposed accessory use is a part. A subdivision and/or land
development plan for accessory uses shall identify on the plan the
land development or subdivision of which the lot which is proposed
for an accessory use is a part. This designation will control future
applications for accessory uses within such land development or subdivision.
(b)
The building or structure containing such uses shall maintain a minimum of a two-hundred-foot setback from any residentially zoned land adjoining the lot on which the uses are located. Where any of the residential zones and the (I) Industrial Zone are separated by a street, the setback requirements of § 425-19F of this chapter shall apply.
C.
Special exception uses (subject to the procedures presented in § 425-123C of this chapter).
(1)
Heavy equipment sales, services and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile home parks, trailers, and other similar machinery (see § 425-80).
(5)
Retail sales, storage and/or wholesaling of home and auto-related fuel (see § 425-85, Industrial uses).
D.
Lot area, width and coverage requirements. See the following table:
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|
|
Offices
|
20,000
|
100
|
70%
|
|
Communication towers and antennas
|
100
|
70%
| |
|
Banks and similar financial institutions
|
20,000
|
100
|
70%
|
|
Restaurants and taverns
|
20,000
|
100
|
70%
|
|
Commercial day-care facilities
|
20,000
|
100
|
70%
|
|
Other uses (except as otherwise specified herein)
|
43,560
|
200
|
70%
|
E.
Two or more principal or accessory uses. A lot may include two or
more principal and/or accessory uses, provided that the other requirements
of this section are met, including lot size, lot width and lot coverage
for each structure or use, as though they were located on the same
lot, provided that the distance between buildings shall be a minimum
of 20 feet, and provided that the side yard requirement from the property
line shall be met.
F.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings, structures (except permitted signs),
off-street loading areas, dumpsters, and outdoor storage areas shall
be set back at least 50 feet from the adjoining right-of-way. All
parking lots shall be set back at least 20 feet from any adjoining
right-of-way.
(2)
Side yard setbacks. All buildings, structures (except permitted signs),
dumpsters, and off-street loading areas shall be set back at least
30 feet from any side property lines. All outdoor storage areas and
off-street parking lots shall be set back at least 20 feet from any
side lot lines unless joint parking lots and/or loading areas are
shared by adjoining uses. In such instances, one of the side yard
setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters and off-street
loading areas shall be set back at least 35 feet from any rear property
lines. All outdoor storage areas and off-street parking lots shall
be set back at least 25 feet from any rear lot lines.
(4)
Residential buffer. Where industrial-zoned land and residentially
zoned land adjoin, landscape screening in accordance with this section
is required. A comprehensive landscape plan which mitigates objectionable
visual, noise and odor elements of the industrial land uses shall
be approved by the Zoning Officer in conjunction with subdivision
or land development approval or prior to issuance of a zoning permit.
Such landscape plan shall include the design elements listed below
and be prepared by a landscape architect registered in the Commonwealth
of Pennsylvania. All plant material shall conform to American Nursery
and Landscape Association (ANLA) standards. The following dimensional
and performance standards shall apply as minimum standards for compliance
with this section.
(a)
Setbacks adjoining residentially zoned land. Where any land
or use in the (I) Industrial Zone adjoins land within any of the residential
zones, a seventy-five-foot setback for buildings, structures, dumpsters,
outdoor storage areas, and off-street loading areas shall be required.
Off-street parking lots shall be set back at least 50 feet from adjoining
residentially zoned properties. Within the setback areas created by
the standards of this section, the following screening requirements
shall be applied:
(b)
Required multilevel screening:
[1]
Required low-level visual screens. (The alternate standards
listed below may be used in combination to achieve a total height
of four feet or individually to achieve the required screen height
as alternatives.)
[a]
Solid visual barrier (low level). May consist of
a combination of site grading, earth mounding, decorative fencing,
or masonry walls providing a solid visual barrier to a height of four
feet above finished grade of industrial parking, loading and driveway
areas.
[b]
Plant material screen (low level). May consist
of mixture of narrow and broad leaf evergreen and deciduous plant
material arranged in a massed planting scheme capable of providing
a visual screen to a height of four feet above finished grade of industrial
parking, loading and driveway areas. As a minimum, plant material
shall be placed in two staggered rows at a maximum of five feet on
center. Upright plant material shall be installed at a minimum height
of 24 inches. Plant material shall be capable of forming a year-round
dense visual screen.
[2]
Required high-level screens. These standards are to be utilized
in combination with the low-level screening standards to achieve the
required multilevel visual screen. The following solid and plant material
screen standards (including existing vegetation) may be used singly
or in combination. The solid visual barrier is mandatory at the locations
noted.
[a]
Solid visual barrier (high level). Shall consist
of masonry, wood or a combination of masonry, wood or other durable
decorative fencing material providing a solid visual barrier sufficient
to shield from view objects in the industrial area to a minimum height
of six feet. A solid visual barrier is required as an element of the
required multilevel screen at industrial outdoor storage, waste and/or
recyclable products storage and waste and/or recyclable material container
locations.
[b]
Plant material screen (high level). Shall consist
of a mixture of evergreen and deciduous plant material arranged in
a varied planting scheme sufficient to shield from view objects in
the industrial area from a height of four feet to a height of 20 feet.
As a minimum, plant material shall be placed in two staggered rows
at a spacing of not more than 1/2 the mature height. Upright evergreen
plant material shall be installed a minimum height of four feet to
five feet. Minimum caliper size for deciduous material shall be 1 1/2
inches for specimen or flowering plant material with mature height
of less than 20 feet. Minimum caliper size for deciduous plant material
with mature height in excess of 20 feet shall be 2 1/2 inches.
[3]
Provision for preservation of existing vegetation:
[a]
Existing natural vegetation. Existing trees and
vegetated areas shall be protected to prevent unnecessary destruction.
Existing trees may be incorporated into the landscape plan to meet
requirements for screening. At least 25% of the number of trees (minimum
trunk caliper of six inches) that exist at a time of plan submission
shall be preserved or replaced. Replacement trees shall be minimum
two-inch caliper and of equivalent indigenous species. Natural vegetative
cover may be reestablished in appropriate areas in accordance with
the approved landscape plan.
(5)
Accessory recreation uses. These facilities can be developed in any
side or rear yard to within 50 feet of any property line. Passive
recreation facilities, including bike paths and walking paths, may
be developed within the front, side and rear yard setback lines.
G.
Maximum permitted structural height. The height of offices, hotels, motels, and similar lodging facilities shall not exceed 60 feet. The height of any other principal structure, or any accessory structure, shall not exceed 40 feet, except that chimneys, flagpoles, antenna, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures (except permitted signs) shall be set back a distance at least equal to their height from all property lines. Provided, however, that if the lot is adjacent to any of the residential zones, the minimum yard dimension for the yard immediately adjoining any of the residential zones shall be increased by two feet for every one foot of building over 40 feet. This increase shall be in addition to all other minimum yard dimensions set forth in § 425-19F(4) of this chapter.
H.
Off-street loading. Off-street loading shall be provided as specified in § 425-42 of this chapter.
I.
Off-street parking. Off-street parking shall be provided as specified in § 425-41 of this chapter.
L.
Landscaping. A comprehensive landscape plan that provides a coordinated
overall planting and landscape effect, and demonstrated compliance
with the provisions of this chapter, is required for development within
the (I) Industrial Zone. Such landscape plan shall be prepared by
a landscape architect registered in the Commonwealth of Pennsylvania.
Any portion of the site not used for buildings, structures, parking
lots, loading areas, outdoor storage areas, passive recreation facilities,
and sidewalks shall be maintained with a vegetative ground cover and
other ornamental plantings.
M.
Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All waste receptacles shall be completely enclosed. Dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties and shall be screened in accordance with the provisions of § 425-19F(4) of this chapter.
N.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
O.
Industrial operations standards. All industrial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
P.
Outdoor storage. Within the (I) Industrial Zone, outdoor storage
is permitted, provided all outdoor storage areas are screened from
adjoining roads and properties, and they comply with all of those
setbacks specifically imposed thereon, listed in this section.
A.
Purpose. This zone seeks to protect environmentally sensitive areas
of the Township that also have significant value for passive and active
recreational pursuits. Specifically, forested areas, steep slopes,
stream and creek valleys, lakes and floodplains are included. Permitted
uses within this zone encourage the most appropriate conservation/recreation
activities for these areas; however, some forms of development are
allowed under prescribed criteria.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry-related uses, subject to the requirements listed in § 425-11 of this chapter. Furthermore, any agricultural, horticultural or forestry-related uses which involve the disturbance of land, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the LCCD. All on-site activities shall then be in compliance with the approved conservation plan.
(3)
Noncommercial keeping of livestock, subject to the requirements of § 425-11B(8)(d) of this chapter.
(4)
Public and/or nonprofit activities related to the preservation and
conservation of natural historical and/or archaeological resources.
(5)
Public and/or nonprofit parks.
(6)
Public uses and public utilities structures.
(7)
Accessory uses customarily incidental to the above-permitted uses.
D.
Minimum lot area: 10 acres, except that no minimum lot area requirements
shall apply to public and/or nonprofit parks, or to public uses owned
by the Township.
E.
Minimum lot width: 350 feet at the building setback line and 250
feet at the lot frontage.
F.
Minimum lot depth: 350 feet.
G.
Minimum setback requirements: all uses shall be set back at least
50 feet from all property lines.
H.
Maximum permitted height: 35 feet.
I.
Maximum lot coverage: 4%, except that no maximum lot coverage requirements
shall apply to public uses or parks owned by the Township.
A.
Statutory authorization; Floodplain Administrator; purpose and intent.
(1)
Statutory
authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of Manor Township does hereby order the following.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Designation
of Floodplain Administrator. The Zoning Officer is hereby appointed
to administer and enforce this section and is referred to herein as
the "Floodplain Administrator." The Floodplain Administrator may:
fulfill the duties and responsibilities set forth in these regulations;
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the community of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22.
(3)
Purpose
and intent.
(a)
The (FP) Floodplain Zone includes the areas of Manor Township
that are subject to periodic inundation by floodwaters. This inundation
results in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, impairment of the tax base, and other
adverse effects on the public health, safety, and general welfare.
(b)
In the interest of public health, safety, and welfare the regulations
of the (FP) Floodplain Zone are designed and intended to protect floodplain
areas subject to and necessary for floodwaters, to permit and encourage
the retention of open land uses so located and utilized as to constitute
a harmonious and appropriate part of the physical development of Manor
Township as provided for in the Manor Township Comprehensive Plan,
and to guide incompatible development into more appropriate zones.
(c)
In advancing these principles and the general purposes of this Zoning Ordinance and the Manor Township Comprehensive Plan, and as a supplement to § 425-9 of this chapter, the specific intent of this zone includes the following:
[1]
To combine with present regulations, certain restrictions necessary
for the control of floodplains for the general health, safety, and
welfare of the community.
[2]
To prevent the erection of structures in areas unfit for human
usage by reason of danger from flooding.
[3]
To minimize danger to public health by protecting water quality
and promoting safe and sanitary drainage.
[4]
To control development which, acting alone or in combination
with similar development, will create and impose additional unjustified
burdens on the community, its governmental units, and its individuals
for the costs of flood control works, rescue, relief, emergency preparedness
measures, sandbagging, pumping, and temporary dikes or levees, as
well as business interruptions, factory closing, disruptions of transportation
routes, and interference with utility services, as well as other factors
that result on loss of wages, sales, and production and generally
affect the economic well-being of the community.
[5]
To maintain a stable tax base through the preservation or enhancement
of property values adjacent to the floodplain, as well as by preventing
the creation of future flood blighted areas on floodplains.
[6]
To permit certain uses which can appropriately be located in
the floodplain as herein defined without impeding the flow of floodwaters
or otherwise causing danger or damage to life or property at, above,
or below their locations in the floodplain.
[7]
To permit certain uses in the floodplain in ways that preserve
natural conditions conducive to the maintenance of ecological balance,
wildlife and productive wildlife habitat, marine life and productive
marine habitat, other healthy biotic systems, scenic and natural values,
constant rates of water flow throughout the year, and areas for groundwater
absorption for sustaining the subsurface water supply.
[8]
To provide sufficient unimpeded drainage courses and prohibit
the restriction of their carrying capacities so as to safely carry
abnormal flows of stormwater from periods of heavy precipitation.
[9]
To encourage the utilization of appropriate construction practices
that will minimize flood damage in the future.
[10]
To prevent the placement of materials which might
be swept by floods onto other lands or downstream to the injury of
others.
[11]
To provide for public awareness of flooding potential
and to discourage and protect unwary individuals from buying land
and structures that are unsuited for intended purposes because of
flood hazards.
[12]
To regulate uses, activities, development, and
structures which, acting alone or in combination with existing or
future uses, activities, development, or structures, will cause increases
in flood heights, velocities, and frequencies.
[13]
To provide areas for the deposition of sediment.
[14]
To protect people and property in other municipalities
within the same watershed from the impact of improper development
in floodplains and the consequent increased potential for flooding.
B.
Lands in zone defined.
(1)
The (FP) Floodplain Zone is hereby defined to include all the following
lands within Manor Township:
(a)
All those areas of Manor Township identified as being subject
to the base flood in the Flood Insurance Study (FIS) and accompanying
Flood Insurance Rate Maps (FIRMs) dated April 5, 2016, and issued
by the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study. The above referenced FIS and FIRMs, and
any subsequent revisions and amendments are hereby adopted by Manor
Township and declared to be a part of this chapter.
[1]
All those areas identified by the Federal Emergency Management
Agency as floodplain areas having special flood hazards.
(b)
All land within the base flood boundaries of all watercourses,
including but not limited to all land which is so identified by the
United States Geological Survey or the United States Army Corps of
Engineers.
(c)
All alluvial soils as indicated by the United States Department
of Agriculture's Natural Resources Conservation Service in maps and
data comprising the latest version of the Soil Survey of Lancaster
County, Pennsylvania. These soils include the following:
|
Bo - Bowmansville silt loam
|
Cm - Comus silt loam
|
Hg - Holly silt loam
| |
|
Lg - Linden silt loam
|
Ln - Lindside silt loam
|
Nc - Newark silt loam
| |
|
Nd - Newark silt loam
|
Ne - Nollin silt loam
|
Rd - Rowland silt loam
|
(d)
FW (floodway area). The areas identified as "floodway" in the
AE Zone in the Flood Insurance Study prepared by the FEMA. The term
shall also include floodway areas which have been identified in other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
(e)
AE area. The remaining portions of floodplain in those areas
identified as an AE Zone in the Flood Insurance Study where a floodway
has been delineated. The basis for the outermost boundary of this
area shall be the base flood elevations as shown in the flood profiles
contained in the Flood Insurance Study.
(f)
A area. The areas identified as Zone A in the FIS for which
no base flood elevations have been provided. When available, information
from other federal, state and other acceptable sources shall be used
to determine the base flood elevation, as well as a floodway area,
if possible. When no other information is available, the base flood
elevation shall be determined by using a point on the boundary of
the identified floodplain area which is nearest the construction site
in question.
(2)
Where the complete and definitive information necessary to delineate
the boundary of the (FP) Floodplain Zone is not available to the Zoning
Officer in his consideration of an application for a permit, he shall
require such on-site studies and/or surveys to be made as are necessary
to fix the precise boundaries of the (FP) Floodplain Zone as defined
above. Such studies and surveys shall be signed, sealed, and certified
by a licensed professional registered by the Commonwealth of Pennsylvania
to perform such studies and surveys. Such certification shall acknowledge
the accuracy of the study or survey and the qualification of the individual
to perform such study or survey. Copies of such studies and surveys
shall be submitted by the Zoning Officer to the Manor Township Engineer
and the United States Department of Agriculture's Natural Resources
Conservation Service, who shall have 30 days to comment. Any property
owner whose property is so studied and/or surveyed to justify an application
for a permit shall pay all costs of these studies and surveys, except
for work done under retainer to or on behalf of Manor Township.
(3)
Changes
in identification of area. The identified floodplain area may be revised
or modified by the Board of Supervisors where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change to the special flood hazard
area, approval must be obtained from FEMA. Additionally, as soon as
practicable, but not later than six months after the date such information
becomes available, a community shall notify FEMA of the changes to
the special flood hazard area by submitting technical or scientific
data.
C.
Boundary disputes.
(1)
Should a dispute concerning any boundary of the (FP) Floodplain Zone arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 425-123F of this chapter. The burden of proof in such an appeal shall be on the property owner and all hearings and procedures shall follow the requirements of § 425-122 of this chapter.
(2)
All changes to the boundaries of the (FP) Floodplain Zone that affect areas identified in § 425-21B(1) of this chapter are subject to the review and approval of the Federal Emergency Management Agency for compliance with the Rules and Regulations of the National Flood Insurance Program.
D.
Relationship to other sections. The provisions of this section create
an overlay zone that is applicable within floodplains in all other
zones established by this Zoning Ordinance. To the extent the provisions
of this section are applicable and more restrictive, they shall supersede
conflicting provisions within all other sections of this Zoning Ordinance
and all other ordinances of Manor Township. However, all other provisions
of all other articles of this Zoning Ordinance and all other ordinances
of Manor Township shall remain in full force.
E.
Permitted uses. The following uses are permitted only if done under
and in accordance with the provisions of the Clean Streams Law of
Pennsylvania, Act 394 of 1937,[2] as amended; the Rules and Regulations of the PADEP; § 425-21H and J of this chapter; and all other applicable provisions of this Zoning Ordinance.
(1)
Agriculture, horticulture, and forestry, all excluding any structures,
and excluding any grading or filling which would cause any increase
in flood heights or frequency.
(2)
Erosion and sedimentation control measures, facilities, and structures,
provided no increase in flood heights or frequency, unhealthful ponding,
or other unsanitary conditions shall occur.
(3)
Public and private recreational uses such as parks, play areas, picnic
groves, lawns, gardens, golf courses, driving ranges, archery ranges,
game farms, paved bicycle paths, and hiking and horseback trails,
all excluding any structures, and excluding any grading or filling
which would cause any increase in flood heights or frequency.
(4)
Open space and front, side, or rear yards required by other sections of this Zoning Ordinance. Floodplain land may be used to meet minimum open space, yard, and lot area requirements, provided that the purpose and intent of this section, as set forth in § 425-21A of this chapter, together with the requirements of any other pertinent municipal regulations, is complied with; if such compliance cannot be shown, the land areas within the (FP) Floodplain Zone shall not be used or calculated for purposes of meeting lot, open space, area, or yard requirements.
(5)
Stream improvements whose sole purpose is to improve aquatic life habitat, and which are approved by the Pennsylvania Fish Commission and reviewed by the LCCD, and subject to the provisions of § 425-21J of this chapter.
(6)
One or two strand fences.
(7)
Picnic tables, park benches, fireplaces and grills, and playground
equipment, all if anchored to prevent flotation.
(8)
Farm ponds which are constructed in accordance with a Conservation Plan reviewed by the LCCD and which do not create any increase in flood heights or frequency, and subject to the provisions of § 425-21J of this chapter.
(9)
Elevation, floodproofing and other hazard reduction measures as required
by state and NFIP regulations that protect only lawfully existing
and registered nonconforming structures and lawfully existing and
registered nonconforming uses within structures.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
F.
Special exception uses.
(1)
The following uses are permitted in the (FP) Floodplain Zone only when special exceptions are granted by the Zoning Hearing Board as provided for herein and in Article VI of this chapter, when permitted by the underlying zone as permitted uses or special exception uses, and when done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937,[3] as amended, the Rules and Regulations of the PADEP, and
all other provisions of this Zoning Ordinance:
(a)
Parking lots, loading areas, driveways, and aircraft landing strips and taxiways, if they are water-permeably surfaced, and if they are consistent with the provisions of § 425-21H(18) of this chapter, except that parking lots designed or used for storage and parking lots for hotels, motels, and other transient lodgings are prohibited.
(b)
Public utility facilities not under the exclusive jurisdiction
of the Pennsylvania Public Utility Commission, subject to the following
conditions:
[1]
Facilities such as pipelines, gas lines, storm sewers, sanitary
sewers, water lines, outlet installations for sewage treatment plants,
sealed public and private water supply wells, pumping stations, and
underground communication facilities, shall together with associated
structures, but excepting necessary vents, be designed and installed
underground so as to be at or below the existing natural surface grade
within the floodplain, and in such a manner as will prevent flotation,
minimize or eliminate flood damage, and not alter the cross-sectional
area of the floodplain. All new or replacement water supply facilities
and/or sanitary sewage facilities shall be designed to minimize or
eliminate infiltration of floodwaters into the facilities and discharges
from the facilities into floodwaters. All gas lines shall have a system
of shut-off valves for service to the (FP) Floodplain Zone to allow
positive control during flood emergencies.
[2]
Electrical distribution lines and supporting structures shall
be installed so as to minimize or eliminate flood damage, and all
lines of less than 15 kilovolts shall be installed underground, below
the existing natural surface grade within the floodplain. Electrical
distribution and transmission lines of 15 kilovolts or more may be
allowed aboveground as a special exception, provided they are certified
by a licensed professional engineer registered by the Commonwealth
of Pennsylvania as meeting all of the following standards:
[a]
Aboveground lines and supporting structures shall
enter the (FP) Floodplain Zone only to cross a watercourse, shall
cross the watercourse and the (FP) Floodplain Zone using the most
direct and shortest route possible consistent with the goals, objectives,
purposes, and intents of this Zoning Ordinance, shall make the minimum
number of crossings necessary, and shall be designed and installed
so as to minimize or eliminate flood damage.
[b]
Aboveground lines shall be elevated so that their
lowest portions are a minimum of 10 feet above the maximum flood elevation.
[c]
Supporting structures for aboveground lines within
the (FP) Floodplain Zone shall be the minimum number necessary to
carry the lines across the (FP) Floodplain Zone. Supporting structures
shall be designed and installed so as to be able to withstand the
maximum volume, velocity, and force of floodwaters which can be expected
at the point where they are located.
[d]
Facilities and services in the (FP) Floodplain
Zone shall be designed so that flood damage within the zone does not
disrupt service outside the zone.
(c)
Fish hatcheries, including uncovered ponds and raceways, which
are approved by the Pennsylvania Fish Commission, but excluding other
structures.
(d)
Culverts, bridges, and approaches to private culverts and bridges
that meet all the following conditions:
[1]
Review and/or approval by the Lancaster County Planning Commission
(LCPC), if required.
[2]
Approval by the Susquehanna River Basin Commission, if required.
[3]
Approval by the PADEP, if required.
[4]
Approval by the United States Army Corps of Engineers, if required.
[5]
Approval by the Pennsylvania Department of Transportation (PennDOT),
if required.
[6]
If approval by PennDOT is not required, the proposed use must
still meet all of the appropriate minimum design standards of PennDOT.
[7]
The proposed structure must be designed in such a way as to
have the capacity to allow the unrestricted passage of waters of maximum
flood elevation below and through it without any upstream or downstream
increase in water surface elevation.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2)
Standards and criteria for special exceptions. In addition to the provisions of Article VI of this chapter, in hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:
(a)
That danger to life and property due to increased flood heights,
velocities, or frequencies caused by encroachments, is minimized.
(b)
That the danger that floodwaters or materials may be swept onto
other lands or downstream to cause injury to others is minimized.
(c)
That the possibility of disease, contamination, and unsanitary
conditions, is minimized, and especially that any proposed water supply
or sanitation systems are able to prevent these problems.
(d)
That the susceptibility of the proposed facility and its contents
to flood damage, the effect of such damage on the individual owners,
and the need for an effect of floodproofing are minimized.
(e)
That the proposed use is compatible with existing and anticipated
development.
(f)
That the proposed use is consistent with the Manor Township
Comprehensive Plan and any floodplain management program for the area.
(g)
That the safety of access to the property in times of flooding
for ordinary and emergency vehicles is assured.
(h)
That the expected area, height, depth, velocity, pressure, frequency,
duration, rate of rise, seasonality, and sediment, debris, and pollutant
load of floodwaters expected at the site is not inconsistent with
the proposed use.
(i)
That the proposed activity will not unduly alter natural water
flow or water temperature.
(j)
That archaeological or historic sites or structures, endangered
or threatened species of animals or plants, high-quality wildlife
habitats, scarce vegetation types, and other irreplaceable land uses
will not be degraded or destroyed.
(k)
That the natural, scenic and aesthetic values at the proposed
site will be conserved.
(l)
That the danger, damage, and injury to all adjoining properties
on both sides of any watercourse, regardless of municipality, is minimized.
In this regard, any proposal affecting an adjacent municipality shall
be submitted to that municipality's planning commission and governing
body for review and comment.
(n)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes are submitted to and
approved by the Zoning Officer; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the 2003 IBC (Sec.
1801.1 and 1803.4) shall be utilized.
(3)
In hearing and deciding upon special exceptions to be granted or
denied under the provisions of this section, the burden of proof shall
be on the applicant. The Zoning Hearing Board may require the applicant
to submit such plans, specifications, and other information as it
may deem necessary to assist it in arriving at a fair and impartial
determination. Such required information may include, but is not limited
to, the following:
(a)
Plans drawn to scale showing the nature, location, dimensions,
and elevations of the lot, existing or proposed structures, fill,
storage of materials, floodproofing measures, and the relationship
of the above to the location of the channel.
(b)
A typical valley cross-section showing the channel of the watercourse,
elevations of land areas adjoining each side of the channel, cross-sectional
areas to be occupied by the proposed development, and high water information.
(c)
A plan (surface view) showing elevations or contours of the
ground; pertinent structure, fill, or storage elevations; size, location,
and spatial arrangement of all proposed and existing structures on
the site; location and elevations of streets, water supply facilities,
and sanitary facilities; photographs showing existing land uses and
vegetation upstream and downstream; soil types; and other pertinent
information.
(d)
A profile showing the slope of the bottom of the channel of
flow line of the watercourse.
(e)
Specifications for building construction and materials, floodproofing,
filling dredging, grading, channel improvement, storage of materials,
water supply facilities and sanitary facilities.
(4)
In granting any special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this Zoning Ordinance, as it may deem necessary to implement the
purposes of this Zoning Ordinance.
G.
Variances. Variances from the provisions of this section are discouraged.
Where, however, a variance is essential, the following requirements
of the National Flood Insurance Program must be complied with in addition
to all other variance provisions of this Zoning Ordinance and the
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[4] In all variance proceedings, the burden of proof shall
be on the applicant.
(1)
No variance shall be granted for any development, structure, use or activity within the (FP) Floodplain Zone that would cause any increase in flood levels during the one-hundred-year flood as defined by § 425-21B(1)(a) of this chapter.
(2)
Variances shall only be granted upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, or conflict with any other applicable
laws, ordinances, or regulations.
(d)
A determination that the granting of a variance will not jeopardize
Manor Township's participation in the National Flood Insurance Program.
(3)
Variances shall only be granted upon determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(5)
The applicant shall be required to submit that information necessary to demonstrate the need for and appropriateness of any variances. Such information may include any of those items listed in § 425-21F(3) of this chapter.
(6)
In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards, as it may deem necessary to
implement the purposes of this Zoning Ordinance.
(7)
A complete record of all variance requests and actions, including
justifications for granted variances, shall be maintained by the Board.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Prohibited uses. The following uses are prohibited in the (FP) Floodplain
Zone:
(1)
All uses prohibited either expressly or implicitly in the underlying
zone for the land in question.
(3)
Sanitary landfills, dumps, junk and salvage yards, and outdoor storage
of vehicles and/or materials.
(5)
Removal of topsoil, excluding sod production and nursery activities as allowed in § 425-21E and F of this chapter, and excluding such grading necessary to accomplish and carry out those uses which are permitted in § 425-21E and F of this chapter; provided, however, that no grading is permitted which would cause any increase in flood heights or frequency.
(7)
Any parts of new on-site sewage disposal systems.
(8)
Swimming pools.
(9)
Fences, except one- or two-strand fences.
(10)
Stockpiling, storage, or disposal of buoyant materials, logging
slash, herbicides, pesticides, domestic or industrial waste, radioactive
materials, petroleum or other flammable materials, explosives, poisonous
materials, hazardous materials or other material which, if flooded,
would pollute the watercourse or be injurious to human, animal, or
plant life.
(11)
Cemeteries for humans or animals.
(12)
Any new or substantially improved structure which will be used
for the production or storage of any of the following materials or
substances, or which will be used for any activity requiring the maintenance
of a supply (more than 550 gallons or other comparable volume, or
any amount of radioactive substances) of any of the following materials
or substances on the premises: acetone, ammonia, benzene, calcium
carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid,
hydrocyanic acid, magnesium, nitric acid, and oxides of nitrogen,
petroleum products (gasoline, fuel oil, etc.) phosphorus, potassium,
sodium, sulfur and sulfur products, pesticides (including insecticides,
fungicides and rodenticides) radioactive substances, insofar as such
substances are not otherwise regulated, and other substances defined
as hazardous waste under 25 Pa. Code Ch. 261a, Identification and
Listing of Hazardous Waste.[5]
(13)
Mobile (manufactured) home and mobile home parks.
(14)
Hospitals, nursing homes and jails.
(15)
Feedlots.
(16)
Zoo, menagerie, wild animal farm or domestic or farm animal
enclosures which will not allow all animals to escape floodwaters
of maximum flood elevation without human intervention while remaining
safely confined.
(17)
The floodproofing of new residential structures, as an exception
from the elevation requirement.
(18)
Any development, structure, or use that may, whether alone or
in combination with others, and except where specifically authorized
elsewhere in this article:
(a)
Endanger human life.
(b)
Obstruct, impede, retard, change or increase the velocity, direction,
or flow of floodwaters.
(c)
Increase the surface elevations of floods, or the frequency
of floods.
(d)
Catch or collect debris carried by floodwaters.
(e)
Be placed where the natural flow of the stream or floodwaters
would carry it downstream to the damage or detriment of property within
or adjacent to the (FP) Floodplain Zone.
(f)
Degrade the water-carrying capacity of any watercourse, channel,
or floodplain.
(g)
Increase the rate of local runoff, erosion, or sedimentation.
(h)
Degrade the quality of surface water or the quality or quantity
of groundwater.
(i)
Be susceptible to flotation and subsequent movement that would
cause damage to other property.
(19)
Space below the lowest floor. Fully and partially enclosed space
below the lowest floor (including basement) is prohibited.
(20)
Recreational vehicles.
I.
Nonconforming uses and structures in the (FP) Floodplain Zone.
(1)
Continuation. All uses or structures lawfully existing in the (FP)
Floodplain Zone on September 19, 1990, which are not in conformity
with the provisions of this section shall be deemed nonconforming
uses or structures. Such nonconforming uses or structures may be continued,
maintained, repaired, and floodproofed, except as otherwise provided
for in this section. However, such nonconforming uses or structures
may at any time be improved to comply with existing Pennsylvania or
Manor Township health, sanitary or safety code specifications which
are necessary solely to assure safe living conditions.
(2)
Abandonment. Nonconforming uses or structures that have been discontinued
or vacated for 12 consecutive months shall be considered abandoned.
Vacation of land or structures or the nonoperative status of the use
normally carried on by the property shall be evidence of discontinuance.
No abandoned use or structure may be reestablished, repaired, or reoccupied.
The Supervisors may require the removal of any abandoned nonconforming
use or structure upon prior notice to the owner of the property on
which an abandoned nonconforming use or structure exists. If the owner
has not completely removed the abandoned use or structure within a
reasonable amount of time, not to exceed nine months, the Supervisors
shall have the authority to cause the removal to be accomplished,
the costs of such removal to be paid by the property owner.
(3)
Expansion and modification. A nonconforming use or structure may
not be expanded or modified in any manner that would increase or aggravate
flooding or flood hazards. Nothing shall be done which would otherwise
violate any of the provisions of this section. No nonconforming use
or structure shall be expanded, enlarged, or altered in any way which
increases its nonconformity with respect to height, area, yard, and
other requirements established in other sections of this Zoning Ordinance,
nor in any way which causes it to occupy more space within the (FP)
Floodplain Zone than was occupied by it on September 19, 1990.
(4)
Replacement and rebuilding.
(a)
A nonconforming use or structure may be replaced, repaired or
rebuilt if it is damaged or destroyed by any means, including floods,
to the extent of less than 50% of its fair market value at the time
of its damage or destruction. In such a case, however, the nonconformity
of the new use or structure with respect to requirements as expressed
in provisions of this Zoning Ordinance shall not exceed that of the
original use or structure which was damaged or destroyed. Nothing
shall be done which would otherwise violate any of the provisions
of this section.
(b)
A nonconforming use or structure which has been damaged or destroyed
by any means, including floods, to the extent of 50% or more of its
fair market value at the time of its damage or destruction may not
be replaced, restored, repaired, reconstructed, improved, or rebuilt
in any way other than in complete conformity and full compliance with
the provisions of this section, all other sections of this Zoning
Ordinance, and all other ordinances of Manor Township.
(c)
The Zoning Officer shall have the initial responsibility of
determining the percent of damage or destruction and the fair market
value of the damaged or destroyed use or structure at the time of
its damage or destruction, and may call on any experts or authorities
he may deem necessary to assist him in arriving at a fair and impartial
determination. Appeals of the decision of the Zoning Officer may be
made to the Zoning Hearing Board.
(5)
Historic structures. The Zoning Hearing Board shall have the right to waive, as a special exception, any of the requirements of this section and § 425-21J of this chapter for any structure listed in or eligible for listing on the National Register of Historic Places or the Pennsylvania Register of Historic Places, and the provisions of § 425-21F(2), (3) and (4) of this chapter shall be applied in such a case. However, historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(6)
The following provisions shall apply whenever any improvement is
made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodplain area that would cause any increase in
the elevation of the base flood.
J.
Design and performance standards.
(1)
Applicability. Unless otherwise specified in this section, the standards
and criteria included in this section are to be used, together with
the provisions of all other sections and all other ordinances in force
in Manor Township by the Zoning Officer and Zoning Hearing Board in
their administration of this section.
(2)
Regulations and reviews by other agencies:
(a)
Where applicable and where possible, all necessary permits or
other written approvals must be obtained from all other agencies before
any approvals of plans, special exceptions, variances, or permits
may be granted by Manor Township or its agencies, officials, or employees.
(b)
Where necessary permits or written approvals from other agencies
cannot be obtained prior to action by Manor Township, any approval
of plans, special exceptions, variances, or permits by Manor Township
or its agencies, officials, or employees shall be conditioned upon
receiving such other agencies; permits or written approvals.
(c)
No regulations of the commonwealth governing watercourses are
amended or repealed by this chapter. Prior to any proposed alteration
or relocation of any watercourse, a permit shall be obtained from
the PADEP, and notification of any such proposal shall be given to
all affected adjacent municipalities. Copies of such permit applications
and municipal notifications shall be forwarded to the Federal Emergency
Management Agency (FEMA) and to the Pennsylvania Department of Community
and Economic Development (DCED).
(d)
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(3)
Placement and construction of authorized uses and structures:
(a)
All uses and structures shall be designed, constructed, and
placed so as to offer the minimum obstruction possible to the flow
of water, and shall be designed to have a minimum effect upon the
flow, velocity, or height of floodwaters. Whenever possible, structures
shall be constructed with the longitudinal axis parallel to the direction
of flood flow, and, so far as is practicable, structures shall be
placed approximately on the same flood flow lines as those of nearby
structures.
(b)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage, and
shall be constructed by methods and practices that minimize flood
damage.
(c)
All new or replacement drains, water supply facilities, or sanitary
sewage facilities shall be designed to preclude infiltration or backup
of sewage or floodwaters into the facilities or structures and discharges
from the facilities into floodwater.
(d)
All new construction and substantial improvements of permanent
nonresidential structures shall either:
[1]
Have the lowest floor (including basement) elevated to or above the regulatory flood elevation as defined by § 425-21O of this chapter; or
[2]
Together with attendant utility and sanitary facilities, be floodproofed so that below the regulatory flood elevation as defined by § 425-21O of this chapter the structure is watertight, with walls substantially impermeable to the passage of water and with structural components have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(e)
All authorized improvements or additions to existing residential structures shall be elevated to or above the regulatory flood elevation as defined by § 425-21O of this chapter.
(f)
Floodproofing. Where floodproofing is authorized by this section,
it shall be done according to the standards and provisions for floodproofing
classes W-1, W-2, W-3, or W-4, as contained in Flood-Proofing Regulations
published by the Office of the Chief of Engineers, U. S. Army, published
EP 1165 2 314 (June 1972, and as subsequently amended) where such
standards and provisions do not conflict with other provisions of
this article. Where reference is made in Flood-Proofing Regulations
to the "RFD" (regulatory flood datum), it shall be interpreted to
mean the regulatory flood elevation as defined in this section. The
floodproofing of new residential structures is specifically prohibited.
(4)
Anchoring. All structures, including buildings, air ducts, large
pipes, and storage tanks, within the (FP) Floodplain Zone shall be
firmly anchored to prevent flotation, movement, or collapse, thus
reducing the possibility of the blockage of bridge openings and other
restricted sections of the watercourse.
(5)
Surface drainage. Adequate drainage shall be provided for all new
development to reduce exposure to flood hazards.
(6)
Agricultural standards:
(a)
A filter strip is required between any watercourse and any tilled
land. Such strip shall be a minimum of 10 feet in width measured from
the bank of the watercourse channel. The filter strip shall be planted
and maintained in grass.
(b)
Within the (FP) Floodplain Zone, a cover crop, such as annual
rye grass, is required whenever the land is not being tilled for major
crops.
(c)
Livestock shall not be confined in pastures or other enclosures located entirely within the (FP) Floodplain Zone [see § 425-21H(16) of this chapter].
(d)
Within the (FP) Floodplain Zone, feedlots are prohibited.
K.
Municipality liability. The lawful granting of a permit or making
of any administrative decision under this section shall not constitute
a representation, guarantee, or warranty of any kind by Manor Township,
or by any official, agent, or employee thereof, of the practicability
or safety of any structure, use, or other plan proposed with respect
to damage from flood or otherwise, and shall create no liability upon,
or a cause of action against, such public body, official, agent, or
employee for any flood damage that may result pursuant thereto or
as a result of reliance on this section. There is also no assurance
that lands not included in the (FP) Floodplain Zone are now or ever
will be free from flooding or flood damage.
L.
Uniform Construction Code coordination. The Standards and Specifications
contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not
limited to the following provisions, shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and/or supplement the requirements of this
chapter.
M.
Special requirements for FW, FE and FA areas.
(1)
With any FW (Floodway Area), the following provisions apply:
(a)
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed
in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the PADEP Regional Office.
(2)
Within any AE area without floodway, no new construction or development
shall be allowed unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the elevation of the
base flood more than one foot at any point.
(3)
Within any AE area without floodway or A area, the following provisions
apply:
(a)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse
unless a permit is obtained from the PADEP Regional Office.
(4)
Special
requirements for subdivisions and development. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in identified floodplain areas
where base flood elevation data are not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a Conditional Letter of Map Revision and Letter of Map Revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
N.
Permits. Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[6] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[7] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[8] and the U.S. Clean Water Act, Section 404, 33, U.S.C. § 1344.
No permit shall be issued until this determination has been made.
(1)
A permit is required within any identified floodplain area of Manor
Township. Application for a zoning permit on land within this (FP)
Floodplain Zone shall be made, in writing, to the Zoning Officer on
forms supplied by the Township. Such application shall contain the
following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
(g)
A plan of the site showing the exact size and location of the
proposed construction, as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for zoning
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Zoning Officer to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform to the requirements of this and all other
applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent floatation, collapse, or lateral
movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
(3)
Applicant shall file the following minimum information plus any other
pertinent information as may be required by the Zoning Officer to
make the above determination:
(a)
A completed zoning permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if available.
[3]
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development.
[5]
The location of all existing streets, drives, and other accessways.
[6]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988.
[3]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[4]
Detailed information concerning any proposed floodproofing measures.
[5]
Supplemental information as may be necessary under 34 Pa. Code,
Chapter 401 to 405, as amended, and Sec. 1612.5.1, Section 104.7 and
109.3 of the 2003 IBC and Sec. R106.13 and R104.7. of the 2003 IRC.
(d)
The following data and documentation:
[1]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified floodplain area, when combined with all other
existing and anticipated development, will not increase the elevation
of the base flood at any point.
[2]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
[3]
Detailed information needed to determine compliance with § 425-21H(12), regarding storage, and § 425-21H(18)(a), regarding development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 425-21H(12) of this chapter which are intended to be used, produced, stored or otherwise maintained on site.
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 425-21H(12) of this chapter during a base flood.
[4]
The appropriate component of the PADEP's "Planning Module for
Land Development."
[5]
Where any excavation of grading is proposed, a plan meeting
the requirements of PADEP to implement and maintain erosion and sedimentation
control.
(e)
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this chapter, including but not
limited to finished construction elevation data, permitting, inspection
and enforcement.
O.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMPLETELY DRY SPACE
DEVELOPMENT
ESSENTIALLY DRY SPACE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPROOFING
FLOODPLAIN AREA
FLOODWAY
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
MINOR REPAIR
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
PERSON
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The floodplain area specifically identified in this chapter
as being inundated by the base flood.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel of land, under single ownership, which has been
planned and improved for the placement of two or more manufactured
homes for nontransient use.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
article and includes any subsequent improvements to such structures.
Any construction started after March 18, 1980, and before the effective
start date of this floodplain management ordinance, is subject to
the ordinance in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has 1% chance of occurring each year, although
the flood may occur in any year).
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation plus a freeboard safety factor of
1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each flood event, on average, equals or exceed 25% of
the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1 A30, AE, A99, or, AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufacture home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
a walled and roofed building, including a gas or liquid storage
tank that is principally above ground. Anything constructed or erected
on the ground or attached to the ground, including but not limited
to buildings, sheds, manufactured homes, and other similar items.
This term includes any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development. Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "repetitive loss," regardless of the actual repair work performed.
The term does not, however include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
The statewide building code adopted by Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and International
Building Code (IBC) by reference, as construction standard applicable
with the commonwealth floodplain construction. For coordination purposes,
references to the above are made specifically to various sections
of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A.
Purpose. The purpose of the (AS) Airport Safety Zone is to:
(1)
Create an overlay zone that considers safety issues around the McGuinness
Field Airport (8N7).
(2)
Regulate and restrict the heights of established uses, constructed
structures and objects of natural growth.
(3)
Create related and appropriate zones, establishing the boundaries
thereof and providing for changes in the restrictions and boundaries
of such related and appropriate zones.
(4)
Create a permitting process for certain uses, structures, and objects
within the overlay zone.
B.
Relation to other zones. The (AS) Airport Safety Zone shall not modify
the boundaries of any underlying zone. Where identified, the (AS)
Airport Safety Zone shall impose certain requirements on land use,
construction, and development in addition to those contained in the
other applicable zones for the same areas.
C.
Conflict. Wherever and whenever the requirements of this § 425-22 of this chapter are at variance with the requirements of any other Section of this chapter, the most restrictive, or that imposing the higher standards, shall govern.
D.
Establishment of airport safety zones and boundaries. There are hereby created and established certain zones within this § 425-22 of this chapter regarding the (AS) Airport Safety Zone, defined in § 425-10C of this chapter and depicted on Figure 1, which include:
(1)
Approach Surface Zone.
(2)
Conical Surface Zone.
(3)
Horizontal Surface Zone.
(4)
Primary Surface Zone.
(5)
Transitional Surface Zone.
|
|
FAR Part 77 "Imaginary Surfaces" Dimension1 Requirements
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Runway Type
|
Runway End
|
Conical Surface (L4)
|
Hori-
zontal Surface (L3)
|
Approach Surface
|
Approach Slope
|
Primary Surface
|
Transi-
tional Surface
| |||
|
Approach
|
Other
|
Length (L2)
|
Inner Width (W1)
|
Other Width (W3)
|
Width
| |||||
|
Small Airplane2
|
V
|
V
|
4,000
|
5,000
|
5,000
|
250
|
1,250
|
20:1
|
250
|
7:1
|
|
NP
|
4,000
|
5,000
|
5,000
|
500
|
1,250
|
20:1
|
500
|
7:1
| ||
|
NP 3/4
|
4,000
|
5,000
|
5,000
|
1,000
|
1,250
|
20:1
|
1,000
|
7:1
| ||
|
P
|
4,000
|
5,000
|
5,000
|
1,000
|
1,250
|
20:1
|
1,000
|
7:1
| ||
|
NP
|
V
|
4,000
|
5,000
|
5,000
|
500
|
2,000
|
20:1
|
500
|
7:1
| |
|
NP
|
4,000
|
5,000
|
5,000
|
500
|
2,000
|
20:1
|
500
|
7:1
| ||
|
NP 3/4
|
4,000
|
5,000
|
5,000
|
1,000
|
2,000
|
20:1
|
1,000
|
7:1
| ||
|
P
|
4,000
|
5,000
|
5,000
|
1,000
|
2,000
|
20:1
|
1,000
|
7:1
| ||
|
Large Airplane3
|
V
|
V
|
4,000
|
5,000
|
5,000
|
500
|
1,500
|
20:1
|
500
|
7:1
|
|
NP
|
4,000
|
10,000
|
5,000
|
500
|
1,500
|
20:1
|
500
|
7:1
| ||
|
NP 3/4
|
4,000
|
10,000
|
5,000
|
1,000
|
1,500
|
20:1
|
1,000
|
7:1
| ||
|
P
|
4,000
|
10,000
|
5,000
|
1,000
|
1,500
|
20:1
|
1,000
|
7:1
| ||
|
NP
|
V
|
4,000
|
10,000
|
10,000
|
500
|
3,500
|
34:1
|
500
|
7:1
| |
|
NP
|
4,000
|
10,000
|
10,000
|
500
|
3,500
|
34:1
|
500
|
7:1
| ||
|
NP 3/4
|
4,000
|
10,000
|
10,000
|
1,000
|
3,500
|
34:1
|
1,000
|
7:1
| ||
|
P
|
4,000
|
10,000
|
10,000
|
1,000
|
3,500
|
34:1
|
1,000
|
7:1
| ||
|
Large and Small Airplanes
|
NP 3/4
|
V
|
4,000
|
10,000
|
10,000
|
1,000
|
4,000
|
34:1
|
1,000
|
7:1
|
|
NP
|
4,000
|
10,000
|
10,000
|
1,000
|
4,000
|
34:1
|
1,000
|
7:1
| ||
|
NP 3/4
|
4,000
|
10,000
|
10,000
|
1,000
|
4,000
|
34:1
|
1,000
|
7:1
| ||
|
P
|
4,000
|
10,000
|
10,000
|
1,000
|
4,000
|
34:1
|
1,000
|
7:1
| ||
|
P
|
V
|
4,000
|
10,000
|
10,000/ 40,000
|
1,000
|
4,000/ 16,000
|
50:1/40:1
|
1,000
|
7:1
| |
|
NP
|
4,000
|
10,000
|
10,000/ 40,000
|
1,000
|
4,000/ 16,000
|
50:1/40:1
|
1,000
|
7:1
| ||
|
NP 3/4
|
4,000
|
10,000
|
10,000/ 40,000
|
1,000
|
4,000/ 16,000
|
50:1/40:1
|
1,000
|
7:1
| ||
|
P
|
4,000
|
10,000
|
10,000/ 40,000
|
1,000
|
4,000/ 16,000
|
50:1/40:1
|
1,000
|
7:1
| ||
|
1 — In feet
|
V
|
= Vertical approach 20:1
|
|
2 — Less than 12,500 pounds maximum certified
takeoff weight.
|
NP
|
= Nonprecision approach 34:1
|
|
3 — Greater than 12,500 pounds maximum certified
takeoff weight
|
NP 3/4
|
= Nonprecision approach with visibility minimums as
low as 3/4 statute miles 34:1
|
|
P
|
= Precision approach 50:1
| |
|
NOTE: L1 is the length of the RPZ and W2 is the outer
width of the RPZ as defined by approach visibility minimums.
| ||
|
Source: Federal Aviation Administration
| ||
E.
Permit applications.
(1)
As regulated by Act 164 and defined by 14 Code of Federal Regulations
Part 77.13(a) (as amended or replaced), proposals for applications
to:
(a)
Erect a new structure or establish a new use;
(b)
Add to or increase the height of an existing structure; or
(c)
Establish, erect, and/or maintain any use, structure, or object (natural or man-made), in the (AS) Airport Safety Zone, shall first notify PennDOT's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. PennDOT's BOA response must be included with this permit application for it to be considered complete. If PennDOT's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this (AS) Airport Safety Zone. If PennDOT's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 425-22F of this chapter.
(2)
Exceptions. In the following circumstances, notification of an approval
by PennDOT's Bureau of Aviation (BOA) shall not be required:
(a)
No permit is required for the routine maintenance and repairs
to, or the replacement of parts of existing structures which do not
enlarge or increase the height of an existing structure.
(b)
In the areas lying within the limits of the horizontal zone
and/or conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour, or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(c)
In the areas lying within the limits of the approach zones,
but at a horizontal distance of not less than 4,200 feet from each
end of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(d)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour, or topographic feature, would extend above the height
limit prescribed for such transition zones.
(e)
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or
alteration of any structure, or growth of any tree in excess of any
of the height limits established by this (AS) Airport Safety Zone,
except that no permit is required to make maintenance repairs to or
to replace parts of existing structures which do not enlarge or increase
the height of an existing structure.
F.
Variances. In addition to the provisions set forth in Article VI of this chapter relating to variances, any request for a variance shall include documentation in compliance with Title 14 Code of Federal Regulations Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the Federal Aviation Administration's (FAA) and PennDOT's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined not exceed obstruction
standards and marking/lighting is not required to mitigate potential
hazard. Under this determination, a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 425-22I, Obstruction marking and lighting, of this chapter.
(3)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied, and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this § 425-22 of this chapter.
G.
Use restrictions. Notwithstanding any other provisions of this § 425-22 of this chapter, no use shall be made or established within the (AS) Airport Safety Zone in such a manner as to:
(1)
Create electrical interference with navigational signals or radio
communications between the airport and aircraft;
(2)
Make it difficult for pilots to distinguish between airport lights
and others;
(3)
Impair visibility in the vicinity of the airport;
(4)
Create bird strike hazards; or
(5)
Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the airport(s).
H.
Preexisting nonconforming uses, structures, and trees. The regulations prescribed by this § 425-22 of this chapter shall not be construed to require the removal, lowering, or otherwise change to, or alteration of any use, structure, or tree not conforming to the regulations of this § 425-22 of this chapter as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use, structure, or tree. No nonconforming use or structure shall be altered and tree permitted to grow higher so as to increase the nonconformity (relating to height and the use restrictions set forth in § 425-22G of this chapter). A nonconforming use, structure or tree that has been abandoned for more than one year or is more than 80% torn down, physically deteriorated, or decayed, may only be reestablished consistent with the provisions herein § 425-22 of this chapter.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this § 425-22 of this chapter may be conditioned according to the process described in of this § 425-22F of this chapter, to require the owner of the structure or object of natural growth in question to permit Manor Township, at its own expense, or require the applicant requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
A.
Purpose. The purpose of this zone is to reserve areas for intensive uses that typically involve considerable land excavation. Essentially, quarrying and similar excavation uses are accommodated by special exception. Permitted uses include those that would typically predate extensive excavation and could be reestablished once reclamation is complete. Permitted uses also include solid waste disposal in landfills and solid waste processing in solid waste processing facilities consistent with the County of Lancaster Municipal Waste Management Plan and the standards and criteria set forth in § 425-105. Strict land use controls are applied to intensive uses so as to protect nearby properties.
[Amended 9-21-2016 by Ord. No. 4-2016]
B.
D.
Maximum permitted structural height. The height of any principal
or accessory structure shall not exceed 40 feet, except that chimneys,
flagpoles, water tanks, and other mechanical appurtenances may be
built to a height not exceeding 75 feet above the finished grade when
erected upon or as an integral part of a building. All structures
extending above 40 feet from grade (except permitted signs) shall
be set back a distance at least equal to their height from all property
lines.
E.
Off-street loading. Off-street loading shall be provided as specified in § 425-42 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within any of the residential zones, nor any side of a building facing an adjoining street.
F.
Off-street parking. Off-street parking shall be provided as specified in § 425-41 of this chapter.
I.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 425-43 of this chapter.)
J.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 100 feet
from any adjoining properties. All waste receptacles shall be completely
enclosed.
K.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
L.
Industrial operations standards. All industrial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
A.
Purpose. This zone provides for a mixture of commercial and residential
uses in an older area already characterized by such a mix and in the
process of change. This zone is not intended to accommodate large
commercial shopping centers, rather individual freestanding businesses
or limited integrated uses.
B.
Permitted uses.
(1)
Banks and similar financial institutions.
(3)
Buildings that contain a combination of permitted residential and
commercial uses of this zone, provided that no more than three nonresidential
uses shall be permitted per building and/or lot.
(4)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(5)
Equestrian centers.
(6)
Funeral homes, mortuaries and crematoriums.
(7)
Indoor and outdoor commercial recreation uses, provided that no alcoholic
beverages may be sold or consumed on the premises.
(8)
Indoor theaters and auditoriums.
(9)
Medical and dental clinics, hospitals and nursing, rest, or retirement
homes.
(10)
Mini-warehouses.
(12)
Nursery and garden centers.
(13)
Offices.
(14)
Public uses and public utilities structures.
(15)
Restaurants (including drive-through and fast food), taverns
and nightclubs.
(16)
Retail sale and/or rental of goods.
(17)
Retail sale of personal services, including, but not limited
to, barber, beauty, tanning and/or fitness salons, music, dance, art
or photographic studios, and repair of clocks, jewelry, and small
appliances.
(18)
Single-family detached, duplexes, and townhouses, provided that both public sewer and public water are used, and subject to the standards listed in § 425-15 of this chapter.
(19)
Single-family detached dwellings without either public sewer
or public water, provided the PADEP requirements are met.
(20)
Accessory uses customarily incidental to the above permitted
uses.
C.
E.
Lot area, lot width and lot coverage requirements. See the following
table:
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
|---|---|---|
|
15,000
|
100
|
70%
|
F.
Minimum setback requirements.
(1)
Front yard setback.
(a)
All commercial buildings, structures (except permitted signs)
shall be set back at least 35 feet from the street right-of-way, except
arterial roads. All residential buildings, structures (except permitted
signs) shall be set back at least 25 feet from the street right-of-way,
except arterial roads. All buildings, structures (except permitted
signs) shall be set back at least 50 feet from the right-of-way of
an arterial road.
(b)
Off-street parking lots and outdoor storage areas shall be set
back a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures shall be set back
at least 15 feet from the side lot lines. Off-street parking lots,
loading areas, and outdoor storage areas shall be set back at least
10 feet from the side lot lines, unless these facilities are shared
by adjoining uses. In such instances, one of the side yard setbacks
can be waived solely for these facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking
lots, loading areas, and outdoor storage areas, shall be set back
at least 20 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within any of the
residential zones shall maintain a twenty-five-foot setback for buildings,
structures, off-street parking lots, loading areas, and outdoor storage
areas, from the residentially zoned parcels. Such area shall be used
for a landscape strip, and screen.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 425-42 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 425-41 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within any of the residential zones, regardless of whether or not the residentially zoned parcel is developed. (See § 425-43 of this chapter.)
M.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 425-43 of this chapter.)
N.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining residentially zoned properties. All waste receptacles
shall be completely enclosed.
O.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
P.
Commercial operations standards. All commercial operations shall
be in compliance with any Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these governmental bodies.
Q.
Outdoor storage. Within this zone, outdoor storage is permitted,
provided all outdoor storage areas are screened from adjoining roads
and properties, and the outdoor storage areas comply with the setbacks
imposed within this section. Outdoor sales areas need not be screened
from adjoining roads.
A.
Purpose. The purpose of this zone is to provide for limited, less-intensive,
office and wholesale commercial activities within the Township. Uses
are restricted to those which do not generate large numbers of customers
at the site and which do not involve high numbers of vehicles or increase
congestion. Retail sales uses are not permitted.
B.
Permitted uses.
(1)
Computer programming, data processing and other computer-related
services.
(2)
Funeral homes, mortuaries and crematoriums.
(3)
Medical or dental clinics or offices or other professional offices.
(4)
Public and/or nonprofit parks.
(5)
Public uses and public utilities structures.
(7)
Accessory uses customarily incidental to the above permitted uses.
D.
Lot area, lot width and lot coverage requirements. See the following
table:
|
Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
|---|---|---|---|
|
No public water or sewer
|
43,560
|
200
|
35%
|
|
Public water or public sewer
|
32,670
|
150
|
60%
|
|
Both water and sewer
|
15,000
|
100
|
70%
|
E.
Minimum setback requirements.
(1)
Front yard setback. All buildings and structures (except permitted
signs), and loading areas shall be set back at least 35 feet from
the street right-of-way line; off-street parking lots shall be set
back a minimum of 20 feet from the street right-of-way.
(2)
Side yard setback. All buildings and structures shall be set back
at least 15 feet from the side lot lines. Off-street parking lots
and loading areas shall be set back at least 10 feet from the side
lot lines, unless these facilities are shared by adjoining uses. In
such instances, one of the side yard setbacks can be waived solely
for these facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking
lots and loading areas shall be set back at least 20 feet from the
rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within any of the
residential zones shall maintain a twenty-five foot setback for buildings,
structures, off-street parking lots, loading areas, and outdoor storage
areas, from the residentially zoned parcels. Such area shall be used
for a landscape strip and screen.
F.
Maximum permitted height: 35 feet.
G.
Off-street parking and loading. Off-street loading shall be provided as specified in § 425-42 of this chapter. Off-street parking shall be provided as specified in § 425-41 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing an adjoining street.
J.
Screening. A visual screen must be provided along any adjoining lands within any of the residential zones, regardless of whether or not the residentially zoned parcel is developed (see § 425-43 of this chapter).
K.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining residentially zoned properties. All waste receptacles
shall be completely enclosed.
L.
Outdoor storage. Within this zone, outdoor storage is permitted,
provided that all outdoor storage areas are screened from adjoining
roads and properties, and they comply with all of the setbacks specifically
enclosed thereon, listed in this section.
M.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
N.
Commercial operations standards. All commercial operations shall
be in compliance with Commonwealth of Pennsylvania and/or Federal
Government regulations, as required by the most recent regulations
made available from these government bodies.
A.
Purpose. This zone acknowledges the historic development pattern
within Washington Borough. Here, traditional village-style lots with
narrow and deep dimensions were developed as residences and scattered
businesses. This zone reflects this pattern of development and provides
for its continuation through infilling of new uses. In addition, this
zone provides for adaptive reuse and conversion of existing structures
as a means of stimulating revitalization and reinvestment. It is expected
that public utilities will eventually be extended to this area. At
that time, a wide range of housing types with greater densities will
be accommodated.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry-related uses, subject to the standards listed in § 425-11 of this chapter.
(2)
Churches and related uses, but not to exceed 70,000 square feet in building area (see § 425-62).
(3)
Duplexes, townhouses and multiple-family dwellings, provided that
public sewer and public water are utilized.
(5)
Nursery and garden centers, provided that the site shall not occupy
more than two acres.
(6)
Nursing, rest or retirement homes.
(7)
Public uses and public utilities structures.
(8)
Single-family detached dwellings.
(9)
The following uses are permitted, provided that such uses are contained
within a building as it existed on December 7, 1996, or are contained
within a building with a building footprint of no more than 1,500
square feet, and an overall size of 3,600 square feet of floor area:
(10)
Accessory uses customarily incidental to the above-permitted
uses.
C.
Special exception uses. (Subject to the review procedures presented in § 425-123C of this chapter.)
(9)
The following uses are permitted by special exception in a nonresidential building that existed on a separate lot on December 7, 1996 (see § 425-94):
(a)
Cabinet shops.
(b)
Retail services.
(c)
Shops for contractors of plumbing, heating, air conditioning,
electrical, roofing, flooring, glass and windows, installation, carpentry,
cabinetmaking, and other structural components of buildings.[1]
[1]
Editor's Note: Former Subsection C(10), regarding accessory
dwelling units, added 3-4-2019 by Ord. No. 4-2019, which immediately followed, was
repealed 9-5-2023 by Ord. No. 2-2023.
D.
Required design standards. See the table.[2]
[2]
Editor's Note: The Design Standards Table for the (V) Village Zone is included as an attachment to this chapter.
E.
F.
Number of permitted uses. Within this zone, up to three principal
uses are permitted within an existing building, provided that the
building remains the same size as on the effective date of this section
(December 7, 1996). For new buildings built after the effective date
of this section, only one principal use shall be permitted. For buildings
that are enlarged after the effective date of this section, the number
of principal uses permitted shall be less than or equal to that number
which occupied the building on the effective date of this section
[Amended 9-5-2023 by Ord. No. 2-2023]
A.
Purpose. This zone accommodates low-density suburban residential
development growth within the Township. This zone coincides with expected
public sewer and public water service areas. Based upon the findings
and recommendations of the Township's Official Sewage Plan, residential
development in this zone is only permitted when both public sewer
and public water are utilized. This ensures efficient use of the planned
public utilities services areas by preventing their premature development
with problematic on-lot utilities. Nonresidential uses have been largely
excluded from this zone to ensure a pleasant neighborhood setting.
In order to allow for more flexibility of design, regulations are
more flexible that those of the (RL) Low-Density Residential Zone.
Clustering provisions are furnished via special exception review.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry-related uses, subject to the standards listed in § 425-11 of this chapter.
(2)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(4)
Public and/or nonprofit parks.
(5)
Public uses and public utilities structures.
(6)
Single-family detached dwellings, provided that both public sewer
and public water
(7)
Accessory uses customarily incidental to the above permitted uses.
C.
E.
Lot area requirements. Unless otherwise specified, all uses within
this zone shall contain a minimum of 15,000 square feet.
F.
Minimum lot width: 90 feet at the minimum front yard setback; 75
feet at the lot frontage.
G.
Maximum lot coverage, unless otherwise specified: 40%.
H.
Minimum setback requirements.
(1)
Principal structures:
(a)
Front yard setback. The following table lists required front
yard setbacks from the right-of-way line of various road types depicted
on the Official Zoning Map and/or defined herein. See the following
table:
|
Road Type
|
Setback
(feet)
|
|---|---|
|
Arterial
|
40
|
|
Collector
|
30
|
|
Local
|
10 (subject to § 425-33 of this chapter)
|
(b)
Side yard setbacks: 10 feet on each side (20 feet total both
sides).
(c)
Rear yard setback: 25 feet.
(2)
(3)
Exceptions to front yard requirements. Steps and unenclosed porches
are permitted to extend into the front yard.
K.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
L.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
A.
Purpose. This zone accommodates medium-density suburban residential
development growth within the Township. This zone coincides with existing
and expected public sewer and public water service areas. Both single-family
detached and duplex housing styles are permitted when both utilities
are utilized. This zone has been located around existing medium-density
neighborhoods and where roads are, or will be, adequate to accommodate
the additional traffic generated. In order to allow for more flexibility
of design, regulations are more flexible than those of the (RM) Medium-Density
Residential Zone. Various residential-related uses are permitted by
special exception and clustering is also provided via special exception.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry related uses, subject to the standards listed in § 425-11.
(2)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(3)
Duplexes, provided that both public sewer and public water are utilized.
(5)
Public uses and public utilities structures.
(6)
Single-family detached dwellings, provided that both public sewer
and public water are utilized.
(7)
Accessory uses customarily incidental to the above permitted uses.
C.
E.
Design standards. See the table.[3]
[3]
Editor's Note: The Design Standards Table for the (RM1) Medium-Density Residential Flex Zone is included as an attachment to this chapter.
F.
Maximum permitted height.
(1)
Principal structures: 35 feet.
(2)
Accessory structures: Up to 30 feet in height, minimum yard setbacks
- rear feet equal to the height of the structure or 25 feet, whichever
is less per Attachment 4[4].
[Amended 8-2-2021 by Ord. No. 8-2021]
[4]
Editor's Note: The Design Standards Table for the (RM1) Medium-Density Residential Flex Zone is included as an attachment to this chapter.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub, nor tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
A.
Purpose. This zone is intended to provide for the higher-density
residential needs of the Township. It accommodates the widest range
of housing types available within the Township at densities higher
than those permitted elsewhere. This zone is logically located around
existing higher-density neighborhoods outside of Millersville and
Mountville Boroughs, as well as other built-up areas of the Township.
Both public sewer and public water are planned to be, or are available.
Similarly, adjoining roads are, or are planned to be, adequate to
accommodate the additional traffic generated by uses in this zone.
In order to allow for more flexibility of design, regulations are
more flexible than those of the (RH) High-Density Residential Zone.
Finally, cluster developments are allowed by special exception, and
encouraged with the use of density bonus incentives.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry-related uses, subject to the standards listed in § 425-11 of this chapter.
(2)
Churches and related uses, but not to exceed 20,000 square feet in building area (see § 425-62).
(3)
Duplexes, provided that public sewer and public water are used.
(4)
Multiple-family dwellings, provided that public sewer and public
water are used.
(6)
Public and/or nonprofit parks.
(7)
Public uses and public utilities structures.
(8)
Single-family detached dwellings, provided that public sewer and
public water are used.
(9)
Townhouses, provided that public sewer and public water are used.
(10)
Accessory uses customarily incidental to the above permitted
uses.
C.
E.
Design standards. See the table.[2]
[2]
Editor's Note: The Design Standards Table for the (RH1) High-Density Residential Flex Zone is included as an attachment to this chapter.
F.
Maximum building length. In no case shall any building exceed 175
feet along its longest dimension.
G.
Maximum permitted height.
(1)
Principal buildings and structures: 35 feet.
(2)
Accessory structures: Up to 30 feet in height, minimum yard setbacks
- rear feet equal to the height of the structure or 20 feet, whichever
is less per Attachment 5[3].
[Amended 8-2-2021 by Ord. No. 8-2021]
[3]
Editor's Note: The Design Standards Table for the (RH1) High-Density Residential Flex Zone is included as an attachment to this chapter.
I.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
J.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the (A) Agricultural Zone. In addition,
no shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any land within the (A) Agricultural Zone.
