[Ord. 1996-1, 1/23/1996, § 1200]
1.
Special exceptions are deemed uses that may be allowed in their respective
districts subject to the satisfaction of the requirements and standards
set forth in this part, in addition to all other requirements of this
chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case. Before any special exception shall be granted,
the Zoning Hearing Board shall review the proposed special exception
in accordance with the following requirements and criteria and satisfy
itself that they have been met in addition to any other requirements
necessary to fulfill the objectives of this chapter.
2.
All applications for a special exception may be referred to the Planning
Commission and/or Township Engineer by the Zoning Hearing Board with
the direction that the Planning Commission and/or Township Engineer
shall make a study thereof and recommendation thereon to the Board
within 30 days from the date of the receipt of said application by
the Planning Commission and/or Township Engineer. The burden of proof
for all specific criteria rests with the applicant.
[Ord. 1996-1, 1/23/1996, § 1201]
The application for the Special Exception shall first be submitted
to the Zoning Officer. The Zoning Officer shall review the submittal
to determine if it is generally in a form that complies with the terms
of this chapter. If within five days from the submittal date the Zoning
Officer determines that the submittal is incomplete, it shall be returned
to the applicant, not having been properly filed. If the submittal
is found to be in accordance with this chapter, the same shall be
forwarded to the Zoning Hearing Board by the Zoning Officer. Such
submittals shall be on forms provided by the Township. Submittals
shall include the appropriate fee, to be set by resolution of the
Board of Supervisors. Failure of applicant to pay the required filing
fee shall cause any application to be deemed incomplete and not being
properly or duly filed.
[Ord. 1996-1, 1/23/1996, § 1202]
A plan to scale for the proposed development of a site for a
permitted special exception shall be submitted with the application.
Such plan shall show the location of all buildings, parking areas,
traffic areas and circulation drives, open spaces, landscaping and
other pertinent information that may be necessary to determine if
the proposed special exception meets the requirements of this chapter.
[Ord. 1996-1, 1/23/1996, § 1203]
1.
The Zoning Hearing Board, before granting a special exception for
any use, must find that the use and the proposed operations and development
in connection with the use, or the modification of the terms of this
chapter, shall have been specifically authorized as a special exception
in the district within which such particular site is located. The
Board shall make the following findings, in writing, when relevant
in a give case, either from the evidence presented at the hearing,
or from a study and report prepared by the Planning Commission, the
Township Engineer or other competent technical consultants:
A.
That the location of the use, including with respect to the existing
or future streets, giving access to it, is in harmony with the orderly
and appropriate development of the zone in which the use is to be
located.
B.
That the nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the zone in which
the use is to be located.
C.
That the grant of the special exception shall not materially increase
traffic congestion in the roads and highways, nor cause nor encourage
commercial or industrial traffic to use residential streets.
D.
The applicant must meet all general and specific requirements as
defined in this Part.
2.
General Criteria. Each applicant must demonstrate compliance with
the following general criteria:
A.
The proposed use shall be consistent with the purpose and intent
of this chapter and shall not be detrimental to the health, safety
or welfare of the neighborhood.
B.
The proposed use shall not injure or detract from the use or enjoyment
or character of adjoining or nearby properties or cause land deterioration
or potentially decrease of value of surrounding properties.
C.
The proposed use shall not substantially change the character of
the subject property's neighborhood and shall meet the requirements
of the district in which it lies.
D.
Adequate public facilities are available and existing to serve the
proposed use (e.g., schools, fire, police and ambulance protection,
sewer, water and other utilities, parks, vehicular access, recreation,
and etc.).
E.
For development within the FP-Floodplain District, that the application complied with those requirements listed in Part 10 of this chapter and the necessity of the development to be located in the floodplain.
F.
The proposed use will not impair the integrity of the Township's
Comprehensive Plan.
G.
The proposed use is not incompatible with the existing traffic conditions
and adjacent uses.
H.
The use of the site complies with the requirements of any other public
agency having jurisdiction over the proposed use.
I.
Operations in connection with a use shall not be more objectionable
to nearby properties by reason of noise, odor, fumes, vibration, glare,
smoke or other potential nuisance or safety hazard than would be the
operations of the permitted use.
3.
Specific Criteria. Each applicant must demonstrate compliance with
the following specific criteria:
A.
The parking, traffic and pedestrian access shall be in conformance with those specified in Part 15 and elsewhere in this chapter.
B.
Screening and landscaping and slope of the proposed use from adjacent
uses is sufficient to prevent deleterious impact of the proposed use
upon another and to comply with Part 11.
4.
Conditions. The Zoning Hearing Board in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions and safeguards which are more restrictive but not less than those established for other uses in the same district. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Part 16.
5.
Site Plan Approval. Any site plan presented in support of the special exception pursuant to § 27-1203 shall become an official part of the record for said special exception. Approval of any special exception shall also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan, shall require the obtainment of another special exception approval.
[Ord. 1996-1, 1/23/1996, § 1204]
1.
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in the chapter,
considered necessary to implement the purposes of this chapter, including
conditions which are more restrictive than those established for other
uses in the same zone and may require, among others and where appropriate:
A.
Suitable planting, fencing or screening.
B.
Harmonious architectural or landscaping treatment.
C.
Suitable hours of operation.
D.
Proper vehicular access and parking facilities.
E.
Sidewalks, storm sewer and/or other public improvement.
F.
Proper restrictions as to the use of outdoor flood or spot lighting,
public address systems, and advertising displays.
G.
Such other improvements and/or restrictions and/or conditions as
the Board may deem appropriate.
2.
For any use permitted by special exception, a special exception must
be obtained from the Zoning Hearing Board. In addition to the information
required on the building permit application, the special exception
application must show:
3.
Unless otherwise specified or extended by the Zoning Hearing Board,
a special exception authorized by the Board expires if the applicant
fails to obtain, where required to done, a building permit within
six months of the date of the authorization of the special exception.
[Ord. 1996-1, 1/23/1996, § 1205]
1.
Within the I-Industrial District Accessory Commercial Centers may
be permitted by special exception subject to the following criteria.
These development standards and procedures are designed specifically
to allow such uses to provide commercial services to employees of
the industrial areas and generally to residents of the area.
B.
Whenever an accessory commercial center is permitted by special exception
in the I-Industrial District, the use shall meet the standards set
forth herein:
(1)
While the minimum lot area is three acres, the maximum lot area
shall be five acres.
(2)
No more than three free standing buildings may be included in
the Accessory Commercial Center.
(3)
No more than 60% of the area of each Accessory Commercial Center
shall be occupied by impervious surfaces.
(4)
Accessory Commercial Centers shall be located fully within a
two-thousand-foot radius from the intersection of the center lines
of two arterial streets or an arterial and collector street as defined
by the Comprehensive Plan.
(5)
An Accessory Commercial Center cannot be located within 3,000
feet of a previously approved Accessory Commercial Center or any other
establishment that dispenses gasoline to the public.
(6)
The access for the Accessory Commercial Center shall be no closer
than 150 feet from the right-of-way line of any intersecting street,
no closer than 100 feet from any adjoining access drive and shall
contain no more than two access drives to public streets.
(7)
Drive through facilities shall not have access to public streets
but shall have access only to the internal circulation of the use.
(9)
Building height limits in the Accessory Commercial Center shall
be a maximum of two stories or 25 feet.
(10)
Free standing business signs will be permitted in the Accessory
Commercial Center subject to the following requirements:
(11)
Public sewer and water to the Accessory Commercial Center site
will be required.
(12)
Parking requirements in the Accessory Commercial Center will
be one parking space per 200 square feet of gross floor area plus
one parking space for each employee.
(13)
Maximum building size permitted will be 8,000 square feet per
building.
(14)
A traffic study will be required to support the request for
an Accessory Commercial Center.
[Ord. 1996-1, 1/23/1996, § 1206]
1.
Accessory day care shall be permitted in A-Agricultural, RL-Low Density
Residential, RM-Medium Density Residential, RH-High Density Residential,
C-Commercial and O-Office Districts only where such use is accessory
to a house of worship, or a nonpublic school and is subject to the
following provisions:
A.
The accessory day care center shall meet all requirements for certification
and/or registration by the State of Pennsylvania where required. Proof
of such certification and any recertification shall be provided to
the Township.
B.
The accessory day care center is located at and is accessory to a
legally established house of worship or nonpublic school.
C.
The accessory day care center shall provide sufficient off-street
parking, consisting of at least one parking space for each employee
of the day care center, and at least one parking space for every four
children enrolled in the day care center.
D.
The accessory day care center provides safe off-street pickup and
drop-off points in order to minimize traffic congestion. Vehicles
shall enter and exit from the pick-up and drop-off points at least
60 feet from any intersection.
E.
An outdoor play area shall be provided. Off-street parking compounds
shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard and must be set back 25 feet
from all property lines. Outdoor play areas shall be completely enclosed
by a six-foot high fence, and screened from adjoining residentially-zoned
or used properties. Any vegetative materials located within the outdoor
play areas shall not be of a harmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade such as
a shade tree(s) or pavilion(s).
[Ord. 1996-1, 1/23/1996, § 1207; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 25]
1.
An adult regulated facility shall be permitted in an I-Industrial
District and HI-Heavy Industrial District as a special exception,
subject to the following provisions:
A.
An adult regulated facility shall not be permitted to be located
within 500 feet of any other adult regulated facility.
B.
An adult regulated facility shall not be permitted to be located
within 1,000 feet of any public or private school, public recreation
facility, commercial recreation or entertainment facility, day care
facility or any house of worship. No adult regulated facility shall
be located within 500 feet of any dwelling. An adult regulated facility
shall not be located within in 1,000 feet from any residential zoning
district. An adult regulated facility shall not be located on the
same lot as a use licensed to sell alcoholic beverages. An adult regulated
facility shall not be open to the public between the hours of 1:00
a.m. and 6:00 a.m.
C.
No materials, merchandise, or film offered for sale, rent, lease,
loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
D.
Any building or structure used and occupied as an adult regulated
facility shall be windowless, or have an opaque covering over all
windows or doors of any area in which materials, merchandise, film,
service or entertainment are exhibited or displayed and no sale materials,
merchandise, film, service or entertainment shall be visible from
outside of the building structure.
E.
No sign shall be erected upon the premises depicting or giving visual
representation of the type of materials, merchandise, film, service
or entertainment offered therein.
F.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
G.
Parking shall be established at the minimum ratio of one parking
space for each 200 square feet of gross floor area plus one parking
space for each employee.
[Ord. 1996-1, 1/23/1996, § 1208]
1.
Animal hospitals shall be permitted in the A-Agricultural and C-Commercial
District as a special exception, subject to the following provisions:
A.
The primary use shall be the medical attention and professional care
of small domestic animals.
B.
Boarding shall only be permitted for animals which must have medical
supervision. All boarding facilities shall be within a completely
enclosed structure and setbacks shall be provided in accordance with
the underlying zone.
C.
The accumulation and storage of manure or other odor producing substances
shall not be permitted.
D.
Parking, signs and other related items shall be in accordance with
this chapter.
[Ord. 1996-1, 1/23/1996, § 1209]
1.
In the C-Commercial District, automobile and trailer sales shall
be subject to the following additional safeguards and regulations:
[Ord. 1996-1, 1/23/1996, § 1210]
1.
Within the C-Commercial District, automobile body service and repair
facilities may be permitted by special exception subject to the following
criteria.
A.
All auto body service and/or repair activities shall be conducted
within a wholly-enclosed building.
B.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials, new or used or discarded, as part of the service or repair
operation, shall be permitted.
C.
All exterior vehicle storage areas shall be screened from adjoining
residentially-zoned properties and roads.
D.
The storage of unlicensed vehicles for more than 30 days is prohibited.
E.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directly toward any adjoining residentially-zoned
or used property and conform to all outside agency requirements.
F.
All vehicles shall be repaired and removed from the premises within
30 days.
G.
The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
[Ord. 1996-1, 1/23/1996, § 1211]
1.
Within the I-Industrial District automobile, truck or any type of
vehicle body service and repair facilities may be permitted by special
exception subject to the following criteria:
A.
All auto body service and/or repair activities shall be conducted
within a wholly-enclosed building.
B.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials, new or used or discarded, as part of the service or repair
operation, shall be permitted.
C.
All exterior vehicle storage areas shall be screened from adjoining
residentially-zoned properties and roads.
D.
The storage of unlicensed vehicles for more than 30 days is prohibited.
E.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directly towards any adjoining residentially-zoned
or used property and conform to all outside agency requirements.
F.
All vehicles shall be repaired and removed from the premises within
30 days.
G.
The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
[Ord. 1996-1, 1/23/1996, § 1212]
1.
An automobile garage, major, is permitted in the I-Industrial District
as a special exception subject to the following criteria:
A.
All service and/or repair activities shall be conducted within a
wholly-enclosed building.
B.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials, new or used or discarded, as part of the service or repair
operation, shall be permitted.
C.
All exterior vehicle storage areas shall be screened from adjoining
residentially-zoned properties and roads.
D.
The storage of unlicensed vehicles for more than 30 days is prohibited.
E.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directly towards any adjoining residentially-zoned
or used property and conform to all outside agency requirements.
F.
All vehicles shall be repaired and removed from the premises within
30 days.
G.
The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
H.
All repair work creating a noise nuisance shall be performed inside
a building.
I.
Signs, off-street parking, and access driveways shall conform to
the requirements of Parts 14 and 15.
[Ord. 1996-1, 1/23/1996, § 1213]
1.
In the C-Commercial District, automobile service stations and garages
shall be subject to the following standards:
B.
Driveways shall be located as provided in this chapter.
C.
Gasoline pumps and all service equipment shall be set back not less
than 25 feet from any lot line and so located that vehicles stopped
for service will not extend over the property line.
E.
Motor vehicles shall not be permitted to be parked or to stand on
sidewalk areas.
F.
Curbing. Except along access drives, a concrete curb eight inches
in height must be placed along all street right-of-way lines.
H.
Outdoor Display. All merchandise, except oil racks, shall be displayed
within a building. Vending machines shall be maintained in a semi-enclosed
structure or within the building.
I.
Storage. No outdoor stockpiling of tires, auto parts, or outdoor
storage of trash is permitted. An area enclosed by a wall or fence,
screened from view of adjoining properties, shall be provided whenever
outdoor storage is permitted. No materials may be stored so as to
create a fire hazard.
J.
Lighting: All lights must be diverted inward and downward.
K.
All uses involving drive-through services shall provide sufficient
on-site stacking lanes to prevent vehicle back ups on adjoining roads.
L.
The outdoor storage of unlicensed vehicles is prohibited.
M.
All vehicles shall be repaired and removed from the premises within
30 days.
N.
The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
O.
One kiosk is permitted on the gasoline service island, no larger
than 10 inches by 10 inches and within the pump setbacks.
[Ord. 1996-1, 1/23/1996, § 1214]
1.
Within the C-Commercial District, automobile washing may be permitted
by special exception subject to the following criteria:
A.
Public sewer and public water facilities shall be utilized.
B.
Each washing bay shall provide a minimum of one-hundred-foot long
on-site stacking lane.
C.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter.
D.
Only biodegradable and environmentally safe soaps and other chemicals
(without phosphates) shall be used on site.
E.
A traffic study is required.
F.
On-lot traffic circulation channels and parking areas shall be clearly
marked.
G.
Water from the automobile washing shall not flow onto sidewalks or
streets, to prevent hazards from ice.
H.
Any automobile washing facility that is located within 200 feet of
an existing residence shall not operate between the hours of 10:00
p.m. and 7:00 a.m.
[Ord. 1996-1, 1/23/1996, § 1215; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 26]
1.
Within the A-Agricultural District bed and breakfast inns may be
permitted by special exception subject to the following criteria:
A.
Short-term overnight lodging to be provided; maximum guest stays
shall be limited to 14 days.
B.
Maximum of five guest rooms and 15 guests.
C.
Breakfast served only to overnight lodgers and shall be the only
meal provided.
D.
Parking to be provided: a minimum of one off-street parking space
per guest room plus two spaces for the owner, located in side or rear
yard minimum of 20 feet from the property lines.
F.
The owner of the bed and breakfast establishment shall reside on
the premises.
G.
One sign shall be permitted. The maximum size shall be six square
feet, and the minimum setback from the street right-of-way shall be
five feet. The sign may not be illuminated by any other means except
with a maximum of 100 watt incandescent bulb.
H.
The remainder of the dwelling in which a bed and breakfast facility
is located shall be used solely by the family in permanent residence.
Bed and breakfast operations shall be conducted so as to be clearly
incidental and accessory to the primary use of the site as a single
family dwelling.
I.
Evidence that all federal and/or state agencies have licensed the
establishment prior to occupancy.
J.
No person other than a member of the immediate family of the owner
shall be employed on the premises.
K.
All parking areas shall be screened from adjoining residentially-zoned
properties.
L.
All floors above-grade shall have direct means of escape to ground
level. All fire escapes shall be constructed of durable material and
maintained in an operable manner.
M.
If on-lot sewer is present, certification must be obtained from the
Township Sewage Enforcement Officer.
N.
A bed and breakfast inn shall be limited to a building that was constructed
prior to January 1, 1940, or to a lot with a minimum lot area of 15
acres.
[Ord. 1996-1, 1/23/1996, § 1216]
1.
Business services and professional offices are permitted in the I-Industrial
Zone as a special exception subject to the requirements of that district
as herein modified:
[Ord. 1996-1, 1/23/1996, § 1217]
1.
In an A-Agricultural zone and subject to the requirements of that
district, except as herein modified and provided:
A.
Minimum Lot Area. Five acres.
B.
Setbacks. All campsites shall be located at least 100 feet from any
side or rear property line and at least 100 feet from any street line.
C.
Each campsite shall be at least 3,000 square feet in size and shall
either provide parking space for one automobile which will not interfere
with the convenient and safe movement of traffic or equivalent parking
shall be provided in a common parking area.
D.
Each campsite shall abut a dust-free access drive. The pavement width
of one way access drives shall be at least 12 feet and the pavement
width of two-way access drives shall be at least 24 feet. On-drive
parallel parking shall not be permitted.
E.
Outdoor play areas shall be sufficiently screened and insulated so
as to protect neighboring properties from inappropriate noise and
other disturbances.
F.
Consideration shall be given to possible traffic volume. If the nature
of the campground is such that it will generate a high volume of vehicular
traffic, exceeding 200 vehicles per day, then access shall be via
an arterial or collector street as designated in the Township Comprehensive
Plan.
G.
Each campground must comply with all applicable requirements of state
laws and regulations.
H.
The plans for each campground shall be approved in accordance with the Subdivision and Land Development Ordinance [Chapter 22].
I.
All campgrounds shall furnish centralized completely-enclosed sanitary
and garbage collection facilities that are leak-proof and vector-proof
that shall be set back a minimum of 100 feet from any property line.
Such facilities shall be screened from adjoining residentially-zoned
or used properties.
J.
Any accessory retail or service commercial uses shall be set back
a minimum of 200 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall have vehicular access from the campground's
internal road rather than the public street. All accessory commercial
uses and related parking shall be screened from adjoining residentially-zoned
or used parcels. A maximum of 10 square feet per camp site will be
allowed for any accessory retail or service commercial use.
K.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities. Responsibility for
maintenance of the recreation area shall be with the landowner.
L.
Every campground shall have an office in which shall be the person
responsible for operation of the campground.
M.
All water facilities, sewage disposal systems, rest rooms, solid
waste disposal and vector control shall be approved and maintained
in accordance with the requirements of the Pennsylvania Department
of Environmental Protection.
N.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
[Ord. 1996-1, 1/23/1996, § 1218]
1.
A child care center shall be permitted in the C-Commercial, O-Office,
I-Industrial District subject to the following provisions:
A.
The care center shall meet all requirements for certification and/or
registration by the State of Pennsylvania where required. Proof of
such certification and any recertification shall be provided to the
Township.
B.
Whenever a child care center is located in an I-Industrial District
in a building which is also used and occupied for industrial purposes,
the Fire Department of the Township shall conduct semi-annual inspections
to determine whether the industrial occupants of such building are
storing or processing combustible or flammable materials in such quantities
as to be considered hazardous to the health, safety or welfare of
the occupants of the child care center. Should such materials in such
quantities be found to exist, the Fire Department shall require the
industrial occupant or occupants upon whose premises the condition
exists to correct or abate the same within 30 days. If, at the end
of said thirty-day period, upon a further inspection, the condition
shall not have been corrected or abated, then the Fire Department
shall require the child care center to cease and terminate its operations
at such locations within 30 days of the date of notice.
C.
The child care center shall provide sufficient off-street parking,
consisting of at least one parking space for each employee of the
day care center, and at least one parking space for every four children
enrolled in the day care center.
D.
The child care center shall provide safe off-street pickup and drop-off
points in order to minimize traffic congestion. Vehicles shall enter
and exit from the pick-up and drop-off points at least 60 feet from
any intersection.
E.
An outdoor play area shall be provided. Off-street parking compounds
shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard and must be set back 25 feet
from all property lines. Outdoor play areas shall be completely enclosed
by a six-foot high fence, and screened from adjoining residentially-zoned
or used properties. Any vegetative materials located within the outdoor
play areas shall not be of a harmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade such as
a shade tree(s) or pavilion(s).
[Ord. 1996-1, 1/23/1996, § 1219]
1.
A child care home may be conducted in the A-Agricultural, RL-Low
Density Residential, RM-Medium Density Residential, and RH-High Density
Residential districts where permitted as a special exception in a
detached, semidetached or attached single or two-family dwelling subject
to the provisions of this chapter.
2.
Child care home shall meet all requirements for certification and/or
registration by the State of Pennsylvania where required. Proof of
such certification and any recertification shall be provided to the
Township.
3.
At least one off-street parking space for each person employed, plus
two off-street parking spaces in addition to the off-street parking
requirements for the residential use.
[Ord. 1996-1, 1/23/1996, § 1220]
1.
Colleges and universities are permitted in the A-Agricultural, O-Office,
C-Commercial, and I-Industrial Districts as special exceptions subject
to the following criteria.
A.
Minimum lot size as defined in zoning district.
B.
All height, setback and coverage standards within the underlying
district shall apply.
C.
Public sewer and public water shall be used.
D.
The subject property shall have frontage along a major arterial road,
minor arterial road, or a collector road as defined in the Manchester
Township Comprehensive Plan, as amended.
E.
Parking and nonresidential access drive requirements as provided
for in Part 15 shall be guaranteed.
F.
A traffic study is required.
[Ord. 1996-1, 1/23/1996, § 1221; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 27]
1.
In the A-Agricultural, I-Industrial, and HI-Heavy Industrial Districts,
telephone switching facilities, radio or television broadcasting towers,
telecommunications towers or relay stations and similar facilities
are permitted subject to the requirements of the zone in which they
are located, except as herein provided:
A.
No public business office or storage yard shall be operated in connection
with such use.
B.
Climbing access to the tower shall be secured from use by unauthorized
persons.
C.
Any structure shall be set back from the property line at a distance
equal to its height.
D.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties.
E.
Any exterior lighting shall be directed away from all adjacent properties.
F.
In addition, an accessory communications antenna shall be permitted
by right in any district if it meets the following requirements:
(1)
In a district other than a commercial or industrial district,
the antenna shall not extend more than 15 feet beyond the existing
structure to which it is attached. The antenna shall only be allowed
if it is attached to one of the following existing lawful structures:
(2)
In a commercial or industrial district, an accessory antennae
shall not extend more than 30 feet above an existing building or structure
(other than a dwelling).
G.
A telecommunications tower, where allowed, may be placed on an easement
or leased area that is part of a larger lot. Such lot may include
another allowed use, provided all other requirements of this chapter
are met.
H.
In addition, an amateur "ham" radio antenna may only be allowed as
an accessory use in all districts if the total height of the antenna
above the ground does not exceed 60 feet. A taller height may be approved
by as a special exception use if the applicant proves to the Zoning
Hearing Board that such taller height is necessary to comply with
Federal Communications Commission regulations.
[Ord. 1996-1, 1/23/1996, § 1222]
1.
In the C-Commercial District convenience stores with gas dispensing
shall be permitted subject to the following criteria:
A.
Provide at least one parking space for every 100 square feet of retail
space.
C.
Driveways shall be located as provided in this chapter.
D.
Gasoline pumps and all service equipment shall be set back not less
than 25 feet from any lot line and so located that vehicles stopped
for service will not extend over the property line.
F.
Motor vehicles shall not be permitted to be parked or to stand on
sidewalk areas.
G.
Curbing. Except along access drives, a concrete curb eight inches
in height must be placed along all street right-of-way lines.
I.
Outdoor Display. All merchandise, except oil racks, shall be displayed
within a building. Vending machines shall be maintained in a semi-enclosed
structure or within the building.
J.
Storage. No outdoor storage of trash is permitted. An area enclosed
by a wall or fence, screened from view of adjoining properties, shall
be provided whenever outdoor storage is permitted. No materials may
be stored so as to create a fire hazard.
K.
Lighting. All lights must be diverted inward and downward.
[Ord. 1996-1, 1/23/1996, § 1223]
1.
Dairies are permitted as special exceptions in the C-Commercial zone
subject to the requirements of that zone as herein modified:
A.
Traffic studies shall be prepared in accordance with Township requirements
and all appropriate traffic controls shall be installed.
B.
Noise, lighting, dust and other nuisances shall be addressed in accordance with the requirements of § 27-1401 of this chapter.
C.
Building setback shall be 50 feet from the property line.
[Ord. 1996-1, 1/23/1996, § 1224]
1.
Domiciliary care units shall be permitted in the A-Agricultural,
RL-Low Density Residential, RM-Medium Density Residential, and RH-High
Density Residential Districts subject to the following provisions:
A.
Applicant must secure certification with the York Area Agency on
the Aging or any other official social agency prior to occupancy approval
by the Manchester Township.
B.
The dwelling must be inspected by the Township Fire Chief and the
Chief shall submit a written report to the Zoning Board with recommendation
for fire safety equipment and any necessary recommendation to ensure
adequate fire protection.
C.
The maximum number of unrelated persons who are 18 years of age and
above who are disabled physically, mentally, emotionally or aged,
shall not exceed two per dwelling unit.
D.
The use/occupancy permit shall be renewed annually, following an
inspection by the Fire Chief and Zoning Officer to assure compliance.
E.
Domiciliary care operations shall be conducted as an accessory use
to the primary use of the property as a single family residence.
F.
The domiciliary care home must be owner occupied and only family
members residing on the premises shall provide the care associated
with a domiciliary care facility.
G.
No facilities for cooking or dining shall be provided in individual
rooms or suites.
H.
The home must comply with all local regulations including, but not
limited to, fire, health and building codes.
[Ord. 1996-1, 1/23/1996, § 1225]
1.
Drive-in establishments shall be subject to the requirements of the
C-Commercial District, except as herein modified and provided:
A.
Ingress and egress standards shall meet the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], along with the following provisions:
(1)
The minimum distance of any driveway to property line shall
be 10 feet.
(2)
The minimum distance between driveways on the site shall be
65 feet measured from the two closest driveway curbs.
(3)
The minimum distance of a driveway into the site from a street
intersection shall be 60 feet measured from the intersection of the
street right-of-way to the nearest end of the curb radius.
(4)
The angle of driveway intersection with the street shall be
based upon safe traffic movements and shall be approved by the Township
Engineer.
(5)
Drive-in establishments adjacent or to integrated in a shopping
center or cluster of commercial facilities shall use the common access
with other business establishments in that center.
B.
The entire parking area shall be paved with a permanent surface of concrete or asphaltic cement. All grading and drainage improvements shall meet the stormwater management requirements in the Township Subdivision and Land Development Ordinance [Chapter 22]. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved parking or driveway area by a raised curb or other equivalent barrier.
C.
All drive-in establishment buildings and structures shall be designed
and planned to take advantage of and be compatible with natural features
of the site and area.
D.
All drive-in establishments shall provide suitable storage of trash
areas which are so designed and constructed as to allow no view of
the trash storage from the street, to prevent waste from blowing around
the site or onto adjacent properties or public rights-of-way, and
to permit safe, easy removal of trash by truck or hand.
E.
Exterior lighting proposed for use on the site shall be planned,
erected, and maintained so the light is confined to the property and
will not cast direct light or glare upon adjacent properties or public
rights-of-way. The light source shall not be higher than 20 feet and
shall not be directly visible from adjacent properties or public rights-of-way.
F.
All drive-thru windows shall be separated from the parking lot's
interior driveways and have stacking lanes of at least 200 feet in
length for fast food establishments and 100 feet for other uses.
G.
All exterior seating/play areas shall be completely enclosed by a
four-foot high fence.
H.
Outside speakers shall not be discernible from any residential area.
[Ord. 1996-1, 1/23/1996, § 1226]
1.
Drive-in facilities for permitted uses are permitted in the O-Office
and C-Commercial Districts as special exceptions subject to the following
criteria:
A.
Ingress and egress standards shall meet the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], along with the following provisions:
(1)
The minimum distance of any driveway to property line shall
be 10 feet.
(2)
The minimum distance between driveways on the site shall be
65 feet measured from the two closest driveway curbs.
(3)
The minimum distance of a driveway into the site from a street
intersection shall be 60 feet measured from the intersection of the
street right-of-way to the nearest end of the curb radius.
(4)
The angle of driveway intersection with the street shall be
based upon safe traffic movements and shall be approved by the Township
Engineer.
(5)
Drive-in facilities adjacent to or integrated in a shopping
center or cluster of commercial facilities shall use the common access
with other business establishments in that center.
B.
All drive-in facility buildings and structures shall be designed
and planned to take advantage of and be compatible with natural features
of the site and area.
C.
Exterior lighting proposed for use on the site shall be planned,
erected, and maintained so the light is confined to the property and
will not cast direct light or glare upon adjacent properties or public
rights-of-way. The light source shall not be higher than 20 feet and
shall not be directly visible from adjacent properties or public rights-of-way.
D.
All drive-through windows shall be separated from the parking lot's
interior driveways and have stacking lanes of at least 100 feet in
length.
E.
Outside speakers shall not be discernible from any residential area.
F.
All automated teller machines shall be located so that the on-site
movement of vehicles will not be hampered by those cars belonging
to persons using the automated teller machines.
[Ord. 1996-1, 1/23/1996, § 1227]
1.
An emergency medical treatment facility is permitted in the C-Commercial
and I-Industrial Districts as a special exception subject to the following
criteria:
A.
Minimum Lot Area. Twenty thousand square feet.
B.
Public sewer and public water shall be used.
C.
All height area, setback and coverage standards within the underlying
district shall apply.
D.
Emergency entrances shall be located on a building wall facing away
from adjoining residentially-zoned properties.
E.
The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical and hazardous wastes.
[Ord. 1996-1, 1/23/1996, § 1228]
1.
The use and occupancy of any land, building or structure as group
quarters shall be permitted as a special exception subject to the
following:
A.
In any A-Agricultural, O-Office, C-Commercial, and I-Industrial Districts,
group quarters shall be permitted as a special exception.
B.
Any group quarters shall have a minimum of 350 square feet of habitable
floor area provided for each occupant.
C.
A common kitchen and dining facility shall be provided and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require any kitchen and dining facilities
if the affiliated institution provides them elsewhere.
D.
All group quarters housing more than eight occupants shall be connected
to public water and public sanitary sewage facilities. All group quarters
housing between five and eight occupants not proposed to be connected
to the public sewer shall obtain certification from the Sewage Enforcement
Officer that the septic system is adequate.
E.
All group quarters shall comply with the Federal Life Safety Code,
the rules and regulations of the Pennsylvania Department of Labor
and Industry and all other applicable building, safety and fire codes
of the federal, state or local government.
F.
Off-street parking shall be provided for all group quarters based
upon one parking space for each occupant.
[Ord. 1996-1, 1/23/1996, § 1229; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 28]
1.
Home occupations may be authorized in a dwelling unit or accessory
structure by special exception from the Zoning Hearing Board.
2.
Home occupations shall be limited to the following: physician, dentist,
barber, beautician, clergyman, lawyer, engineer, surveyor, accountant,
architect, teacher, computer programmer, artist, photographer, licensed
insurance or real estate agent, seamstress or similar service occupations
and professions. The Zoning Hearing Board shall determine whether
a home occupation is similar to those listed above. Any type of servicing
or repair of vehicles or small engines shall not be permitted as home
occupations.
3.
The granting of a special exception for a home occupation is personal
to the applicant and cannot be utilized or transferred to any other
person without a separate request to the Zoning Hearing Board.
4.
Additional Regulations for Home Occupations.
A.
Employees or pupils. No more than one employee, who is a resident
member of the family, may be employed in a home occupation. No more
than three pupils may receive instruction at any one time.
B.
Appearance. The character or external appearance of the dwelling
unit or accessory structure must be that of a dwelling unit or accessory
structure. No display of products may be shown so as to be visible
from outside the dwelling.
C.
Signs. A name plate not larger than two square feet in area is permitted.
It may be illuminated by indirect lighting only.
D.
Parking. In addition to the required parking for the dwelling unit,
additional parking located in the rear yard is required as follows:
(1)
A minimum of two additional spaces for the home occupation.
These parking spaces may be located on another portion of a lot other
than the rear yard approved as a special exception by the Zoning Hearing
Board. As a special exception, the Zoning Hearing Board shall also
have the authority to remove or reduce the requirement for off-street
parking spaces if the applicant proves that:
(a)
Less than one person per day on the average will be visiting
the property as part of the home occupation.
(b)
There is a suitable on-street location for any parking need
that may arise. If home occupation parking spaces are located in the
front yard, then an area shall be provided for a turn-around so that
vehicles do not need to back into a street.
(2)
The Zoning Hearing Board may require additional parking if circumstances
so warrant.
E.
Coverage. The allowable area used for a home occupation shall not
exceed 25% of the total floor space of all floors and in no case shall
exceed 50% of the floor area of one floor.
5.
No more than one home occupation may be located in any dwelling unit.
[Ord. 1996-1, 1/23/1996, § 1230]
1.
Hospitals are permitted in the C-Commercial and RH-High Density Residential
Districts subject to the following criteria:
A.
Minimum Lot Area. Five acres.
B.
Public sewer and public water shall be used.
C.
The subject property shall have frontage along a major arterial road,
minor arterial road or a collector road as defined in the Manchester
Township Comprehensive Plan, as amended.
D.
All height area, setback and coverage standards within the underlying
district shall apply.
E.
Emergency entrances shall be located on a building wall facing away
from adjoining residentially-zoned properties.
F.
The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical and hazardous wastes.
G.
A traffic study is required.
[Ord. 1996-1, 1/23/1996, § 1231]
1.
Houses of worship shall be permitted as special exceptions in the
A-Agricultural, RL-Low Density Residential, RM-Medium Density Residential
and RH-High Density Residential Districts subject to the requirements
of these districts as herein modified:
A.
Screen plantings and bufferyards shall be provided in accordance
with the requirements of this chapter.
B.
Outside speakers for broadcasting music or religious messages shall
not be permitted.
C.
Accessory uses such as gymnasiums or similar facilities must be reviewed
for appropriateness and general impact by the Zoning Hearing Board.
D.
If kitchen facilities are provided, connection to the sanitary sewer
are required.
E.
One house of worship related residence is allowed on the lot subject
to provisions of the district in which the house of worship is located.
[Ord. 1996-1, 1/23/1996, § 1232]
1.
Junkyards shall be permitted as special exceptions in the I-Industrial
Zone.
A.
Although § 27-1102 specifies a maximum fence height of six feet, the area used for junk yard purposes shall be completely enclosed with a solid fence or wall at least eight feet high, constructed of opaque material, with access only through solid gates. Such fence or wall shall be located no closer to any lot line than the minimum setback requirements of the district. The area in front of the fence shall be landscaped and shielded with trees and shrubbery.
B.
The contents of a junk yard shall not be placed or deposited to a height greater than the height of the fence or wall required by Subsection 1 above.
C.
Applicants shall submit plans to the Township at the time of requesting
a special exception, for controlling vectors including mosquitoes
and rats and other vermin.
D.
The junk yard shall not be located within 500 feet of a dwelling
unit.
E.
The collection, storage and disposal of automotive related fluids
must meet state and federal requirements.
[Ord. 1996-1, 1/23/1996, § 1233]
1.
Kennels shall be permitted in the A-Agricultural, C-Commercial, and
I-Industrial Districts as special exceptions subject to the following
criteria:
A.
Kennels shall have a minimum lot size of five acres.
B.
Minimum of five off-street parking spaces plus one for each employee.
C.
One sign shall be permitted six square feet in area located a minimum
of 20 feet from the street right-of-way.
D.
All areas used for exercise shall be securely fenced.
E.
All animals shall be within a completely enclosed building which
shall be a minimum of 100 feet from any property line.
F.
Animals shall be permitted to exercise daily between the hours of
8:00 a.m. - 8:00 p.m. All outdoor exercise areas shall be 200 feet
from any property line.
G.
Satisfactory evidence must be presented to indicate that adequate
storage and disposal of animal waste will be provided in a manner
that will not create a public health hazard or nuisance.
[Ord. 1996-1, 1/23/1996, § 1234]
1.
These facilities shall be permitted as special exceptions in the
I-Industrial District, subject to the regulations of that district
as herein modified:
A.
Laundry and dry cleaning establishments shall be intended for large-scale
commercial operations only.
B.
Adequate provisions for chemical storage and waste disposal shall
be made in accordance with PADEP requirements, EPA requirements and
requirements of the wastewater treatment plant serving the facility.
C.
Public sewer and public water shall be used.
D.
All activities shall be conducted within a completely enclosed building.
E.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially-zoned or used property.
[Ord. 1996-1, 1/23/1996, § 1235]
1.
Within the O-Office District, dry cleaners, laundries, and laundromats
may be permitted by special exception subject to the following criteria:
A.
Public sewer and public water shall be used.
B.
All activities shall be conducted within a completely enclosed building.
C.
Dry cleaning services shall be limited to pick-up and drop-off only,
with no on-site dry cleaning permitted.
D.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially-zoned or used property.
E.
Self-service laundromats shall require one off-street parking space
for each 1.5 washing machines; other laundry-related uses shall provide
one off-street parking space for each 400 square feet of gross floor
area.
F.
During operation or clean up or maintenance, all windows and doors
on walls facing adjoining residential zones or uses shall be kept
closed.
G.
A traffic study is required.
[Ord. 1996-1, 1/23/1996, § 1236]
1.
Libraries are permitted in the RL-Low Density Residential, RM-Medium
Density Residential and RH-High Density Residential Districts as special
exceptions subject to the following criteria:
A.
Minimum lot area: one acre.
B.
Minimum lot width: one hundred fifty feet.
C.
Minimum side yard: twenty-five feet.
D.
All off-street setback parking areas shall be set back at 25 feet
from the street right-of-way line.
E.
Parking requirements shall be one space per each 600 square feet of floor area open to the public (see § 27-1502, Subsection 3Q).
G.
The subject property shall have frontage along a major arterial road,
minor arterial road, or a collector road as defined in the Manchester
Township Comprehensive Plan, as amended.
[Ord. 1996-1, 1/23/1996, § 1237]
1.
A massage parlor shall be permitted in an I-Industrial District as
a special exception, subject to the following provisions:
A.
A massage parlor shall not be permitted to be located within 500
of an adult regulated facility measured lot line to lot line.
B.
A massage parlor shall not be located within 500 feet of any public
or private school, public recreation facility, house of worship, child
care facility or any dwelling unit.
C.
Parking shall be established at the minimum rate of one parking space
for each 100 square feet of gross floor area plus one additional parking
space for each employee.
[Ord. 1996-1, 1/23/1996, § 1238; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 29]
1.
Mini-storage warehouses are permitted in the C-Commercial and I-Industrial
Districts, subject to the requirements of the District where proposed
as modified and presented herein:
A.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lands shall be at least 26 feet when cubicles open
onto one side of the lane only and at least 30 feet wide when cubicles
open onto both sides of the lane.
B.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional external storage area may be provided
for the storage of privately-owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially
zoned land and adjoining roads, and is located behind the minimum
front yard setback line. This provision shall not be interpreted to
permit the storage of partially dismantled, wrecked, or inoperative
vehicles.
C.
All storage shall be kept within an enclosed building except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals and munitions shall be prohibited. Any fuel tanks and/or
machinery or other apparatuses relying upon such fuels shall be stored
only in an external storage area as described above.
D.
It shall be prohibited to store gasoline, diesel fuel, paint, paint
remover, and other flammable materials. Also the repair, construction,
or reconstruction of any boat, engine, motor vehicle or furniture
is prohibited.
E.
Mini-warehouses shall be used solely for the dead storage of property.
The following uses are expressly prohibited.
(1)
Auctions, commercial, wholesale or retail sales including garage
sales.
(2)
The servicing, repair, fabrication of any item.
(3)
The operation of power tools or spray painting equipment.
(4)
The establishment of a transfer business.
(5)
Any use that is noxious because of odors, dust fumes, or vibrations.
(6)
The applicant shall provide a contract which will be used to
prohibit all such uses.
F.
The minimum tract area shall be two acres.
G.
All lighting shall be shielded to direct light onto the uses established
and away from adjacent property.
H.
Landscaping and bufferyards in accordance with the provisions of § 27-1105 of this chapter shall be provided.
I.
If a manager/business officer is established on the site, at least
four off-street parking spaces must be provided adjacent to the office.
J.
Rental vehicles shall only be permitted as an accessory use. All
vehicles offered for rental shall be parked on a paved surface and
located beyond the minimum setback line.
K.
No habitation will be permitted except for resident manager.
L.
A mini-storage warehouse may also include a facility for storage
in which individual storage units are held in condominium ownership
by various entities, with each entity having its own exterior access
to its storage unit in such case: (1) the lot shall remain in single
ownership, and (2) a condominium form of ownership of individual buildings,
with a legally binding property-owners association, shall be established.
The applicant shall prove to the satisfaction of the Zoning Officer,
based upon review by the Township Solicitor, that there will be appropriate
legal mechanisms in place to ensure the proper operation under the
condominium arrangement.
[Ord. 1996-1, 1/23/1996, § 1239; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 30]
1.
Mobile home Parks may be permitted by special exception in the I-Industrial
District subject to the following requirements:
A.
The minimum tract area shall be 10 acres.
B.
Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized, and each lot must be not less than 5,000 square feet in area and not less than 50 feet wide at the building setback line. The total number of dwelling units within the mobile home park divided by the total acreage of the mobile home park shall not exceed an average density of four dwelling units per acre. A minimum of 15% of the total acreage of the mobile home park shall be permanently set aside for recreational use by the residents of the development. This recreation requirement shall be in place of recreation land or fee requirements in the Subdivision and Land Development Ordinance [Chapter 22].
C.
Regardless of lot size, the side yard distances measured from outside
each mobile home to the lot line shall not be less than 30 feet in
total and no one side distance less than 12 feet. Front yards shall
not be less than 20 feet and rear yards shall not be less than 10
feet and in no case, shall the distance between any two mobile homes
be less than 30 feet.
D.
The Zoning Hearing Board may require suitable screen planting, or
may restrict the proximity of mobile homes or other improvements to
adjoining properties, or may attach such other conditions or safeguards
to the use of land for a mobile home park as the Board may deem necessary
to protect the general welfare.
E.
A mobile home park and extension thereof shall also comply with all
applicable state and/or Township regulations now in effect or hereafter
enacted.
[Ord. 1996-1, 1/23/1996, § 1240]
1.
A mobile home sales lot is permitted in the I-Industrial District
as a special exception subject to the following criteria:
A.
No vehicle or trailer or display shall occupy any part of the existing
or future street right-of-way, required parking area or required buffer
area.
B.
All applicable portions of § 27-1214 shall also apply to automobile and trailer sales facilities.
C.
All mobile homes shall be screened from adjoining residentially-zoned
properties.
D.
Signs, off-street parking and access driveways shall conform to the
requirements of Parts 14 and 15.
[Ord. 1996-1, 1/23/1996, § 1241]
1.
Quarries and mines for the extraction of stone and minerals may be
permitted by special exception within the I-Industrial District. Such
facilities shall comply with all regulations generally applicable
to special exception uses and shall in addition comply with the following
regulations:
A.
As a part of each application, the applicant shall furnish an accurate
survey site plan at a scale no less than one inch equal 400 feet,
showing the location of the tract or tracts of land to be affected
by the operation. The surveyed site plan shall be sealed by a registered
professional engineer or a registered professional land surveyor and
shall include the following:
(1)
The boundaries of the proposed affected area, together with
drainage area above and below the area.
(2)
The location and means of the types and resources to be extracted
or quarried and names of all natural and man-made features such as
streams, roads, railroads, and utility lines on or immediately adjacent
to the area.
(3)
The location of all buildings within 1,000 feet of the parcel
and the names and addresses of the owners and present occupants, and
the location of rights-of-way and easements, abutting and/or adjacent
zoning districts and land uses.
(4)
The purpose for which each building is used and estimated depth
of the proposed operation and land area to be excavated with dimensions.
(5)
Proposed alterations to water courses to assure stream quality
and quantity.
(6)
The name of the owner of the affected area and total acreage,
and the names and addresses of adjacent land owners.
(7)
Any proposed fencing and landscaping.
(8)
A contour map showing cross sections of the proposed quarry
area including a detailed hydrogeologic groundwater study based on
complete site studies.
B.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Zoning Hearing Board.
C.
The applicant shall present duplicate sets of the plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Zoning
Hearing Board. If such special exception is granted, the operator
shall continue to present such documentation to the Township when
it is submitted to the Department of Environmental Protection.
D.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Non-Coal Surface Mining Conservation and Reclamation
Act, Act of December 19, 1984, P.L. 10993, No. 219, as amended, 52
P.S. § 3301 et seq., or any subsequent amendment or enactment
of the Pennsylvania General Assembly regulating mining, and the regulations
of the Department of Environmental Protection implementing such statutes.
E.
The minimum lot area shall be 50 acres.
F.
A fence measuring eight feet high must enclose the area of actual quarrying or excavation. It shall not be less than 50 feet from the edge of excavation. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the quarry, with plantings at least 36 inches high and placed in a double-staggered row with no more than five feet between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. Where adjacent to a residential district or public right-of-way, trees and shrubs shall be planted which will screen the operation completely from normal view. All screenings and buffers required by § 27-1105 herein shall be provided.
G.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Zoning Hearing Board a hydrogeologic study performed by a qualified
hydro geologist or other similar professional. Such study shall be
prepared in accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data, including but
not limited to wells evaluated as part of the study; and shall clearly
set forth the conclusions and recommendations of the professional.
H.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, locks,
gates, and other means to deny access at unauthorized times.
I.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
J.
Sufficiently-long vehicle stacking lanes into the facility shall
be provided so that vehicles waiting to be weighted will not back-up
onto public roads.
K.
All access drives onto the site shall be paved to a cartway width
of 35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a one-hundred-foot-long crushed stone section of
driveway shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may be attached to a vehicle's
wheels.
L.
The facility shall front upon and gain access from, a rural major
collector or arterial road.
M.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site.
N.
If the traffic study demonstrates that improvements to Township or
state roads shall be required in order to serve the proposed use or
to alleviate the direct impacts of the proposed use upon the traffic
network, the applicant shall make such improvements.
O.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governments
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
P.
The operator shall provide the Township with copies of any notices
of violation received from the Department of Environmental Protection
or U.S. Environmental Protection Agency within two weeks from the
date such notice of violation was received by the operator.
Q.
There shall be no operations on Sunday or legal holidays and no operation
between 7:00 p.m. and 7:00 a.m. on other days.
R.
All mining operations shall comply with the following requirements:
(1)
Shall not injure or detract from the lawful existing or permitted
use of neighboring properties.
(2)
Shall not create any damage to the health, safety, or welfare
of the Township or its residents or property owners.
(3)
Shall not pollute the air in excess of standards set by federal
or state statutes or regulations.
(4)
Shall not create noises in excess of permitted levels established
by federal or state statutes or regulations or Township ordinances.
(5)
Shall not exceed the blasting parameters established by the
Pennsylvania Bureau of Mining and Reclamation.
(6)
Shall not permit vibrations perceptible as detected by the adjacent
or adjoining landowner's natural innate sensory input at any adjoining
or adjacent property in different ownership or at public rights-of-way.
(7)
Shall not permit the emission of dust, smoke, refuse matter,
odor, gas, fumes, noise or similar substances or conditions which
can endanger the health, safety or general welfare or which can cause
any soiling or staining of persons or property at any point beyond
the property line of the use creating the emission.
(8)
Shall not permanently impede the flow of natural watercourses.
(9)
Shall be conducted in a manner which will now allow water to
collect and permit stagnant water to remain quarries or excavations.
S.
At the time of application for a special exception, an operations
statement shall be submitted which shall include a detailed description
of methods for satisfactorily handling operations with respect to
the emission of noise, dust, blast, smoke, refuse matter or water,
odor, gas, fumes or similar substances or conditions which may endanger
the health, safety, or general welfare or which can cause any soiling
or staining of persons or property beyond the property line. All such
operations statements shall be in full compliance with all applicable
state and federal statutes and regulations as well as this chapter.
All pollution, soil erosion and sedimentation control, and other environmental
problems created during the operation including the production, transportation,
processing, stockpiling, storage and disposal of products, by-products
and wastes shall be corrected by the operator.
T.
At the time of application for a special exception, a reclamation
plan shall also be submitted setting forth the following information:
(1)
An engineering drawing showing ownership, existing and future
topography, streams, existing roads, buildings, boundaries and legal
description of the tract.
(2)
A description of the location, type, extent, methods, and time
schedule for the operation proposed.
(3)
A drawing showing the location and/or proposed relocation of
land, trees, buildings, structures, public roads, streams, drainage
facilities and utility lines on the tract or adjacent tracts as may
require protection, repairs, clearing, demolition or restoration either
during or following the completion of the operations proposed.
(4)
A plan for re-use of the land after completion of the operations
which shall permit the carrying out of the purposes of this chapter
and appropriately provide for any restoration, reclamation, reforestation
or other correction work deemed necessary and which shall comply with
all applicable state and federal statutes and regulations governing
the reclamation of the proposed facility.
U.
After the termination of operations, the area must be rehabilitated
to conform with the reclamation plan and all applicable federal and
state statutes and regulations.
V.
Within 90 days after the commencement of surface mining operations
and each year thereafter, the operator shall file an operations and
progress report with the Zoning Officer setting forth the following:
(1)
The name and address of the operator.
(2)
The location of the operation with reference to the nearest
public road.
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpiles, quarry pits,
etc.
(4)
The name and address of the landowner or his duly authorized
representative.
(5)
An annual report of the type and quantity of material produced.
(6)
The current statute of the reclamation work performed pursuant
to the approved reclamation plan.
(7)
A maintenance report for the site verifying that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed.
(8)
Verification that the proposed use continues to comply with
all applicable state regulations. The operator shall furnish copies
of any approved permits and/or any notices of violations issued by
the Pennsylvania Department of Environmental Protection to the Zoning
Officer.
W.
A five-hundred-foot setback shall be maintained from all property
lines during the operation of the quarry or mine within which quarrying
or mining activities, including blasting and stone crushing, shall
not be permitted.
X.
No structures or parking areas shall be located closer than 100 feet
to any property line.
Y.
Waste products ion waste containers may be placed within side and
rear yards, provided that they are screened from adjoining roads and
properties. All such containers shall be set back not less than 100
feet from any adjoining property. All such containers shall be completely
enclosed by a fence or wall.
Z.
Where screening, plantings or fencing have been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
[Ord. 1996-1, 1/23/1996, § 1242]
1.
Within the C-Commercial District, nightclubs may be permitted by
special exception subject to the following criteria:
A.
No part of the subject property shall be located within 500 feet
of any residentially-zoned land, or 150 feet from all other districts
or 200 feet from any dwelling used as a home.
B.
The applicant shall furnish evidence that the proposed use shall
not be detrimental to the use of adjoining properties due to hours
of operation, light, and/or litter or other nuisance.
C.
The applicant shall furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the building.
D.
A daily working plan detailing how the cleanup of litter shall be
undertaken by the applicant shall be provided to the Zoning Hearing
Board.
G.
An asphalted paved parking surface shall be provided.
H.
Lighting outside shall not glare off site.
I.
Public water and public sewer shall be required to serve a tavern.
J.
Providers shall comply by installing an interconnected fire alarm
system, an outward swinging exit door with panic bar and sprinkler
system.
[Ord. 1996-1, 1/23/1996, § 1243]
1.
Permitted in an RH-High Density Residential District and subject
to the requirements of that district except as herein modified and
provided:
A.
Minimum lot area: two acres.
B.
Minimum lot width: 200 feet.
C.
Maximum dwelling unit density for retirement villages: 12 dwelling
units per acre.
D.
No more than 60% of the subject property shall be covered with buildings,
parking and loading areas and/or impervious surfaces. Building coverage
shall not exceed 35% of the total site coverage.
E.
A maximum of 25% of the lot area shall be landscaped with trees and
shrubbery.
F.
Required Parking.
G.
Public water and sewer are required.
H.
No structure shall be closer than 50 feet to any lot or street line.
I.
Bufferyards in accordance with this chapter shall be provided.
J.
Direct access to an arterial or collector road as designated in the
Township Comprehensive Plan.
K.
All proposed streets and access drives should follow the provisions of the street design requirements of the Subdivision and Land Development Ordinance [Chapter 22].
(1)
One overhead street lamp per 10 parking spaces for each facility
and multifamily dwelling complex. Residential lighting shall be provided
for single-family detached dwellings.
[Ord. 1996-1, 1/23/1996, § 1244]
1.
An Office Center is permitted in the I-Industrial District as a special
exception subject to the following criteria:
A.
Individual parcels of not less than two acres shall be provided.
B.
The Office Center shall have a minimum of 200 feet of public street
frontage. There shall be no minimum public street frontage for individual
parcels within the center, although an adequate right-of-way of access
shall be provided for each parcel.
D.
No building shall be erected to a height in excess of 35 feet; provided,
however, that this height may be increased by one foot for each additional
foot that the width of each yard exceeds the minimum required.
E.
All internal streets providing access to parcels within the Center
shall be a minimum of 24 feet in width constructed to Township specifications.
These streets shall remain private and not offered for adoption by
the Township. Each parcel shall have a minimum of fifty-foot frontage
upon such a street. There shall be no limit upon the length of a private
cul-de-sac street.
F.
The office center shall have a minimum of one street access to a
major arterial road, minor arterial road or a collector road as defined
in the Manchester Township Comprehensive Plan, as amended.
G.
All parcels shall be served by public water and sewer. All utilities
shall be installed underground.
H.
Drive-in facilities shall not be permitted.
I.
Retail facilities and services are specifically prohibited.
[Ord. 1996-1, 1/23/1996, § 1245]
1.
As a special exception, private or semi-private recreation areas
may be permitted in the A-Agricultural District, the R1-Low Density
Residential District, RM-Medium Density Residential District, C-Commercial
District, and I-Industrial District subject to the following provisions:
A.
Such use shall not be primarily for gain or profit, except when located
in the C-Commercial zone.
B.
Parking shall be provided in accordance with the provisions of this
chapter.
C.
A buffer yard of 30 in width and a screen planting shall be provided
of a height and type as approved by the Zoning Hearing Board.
D.
Where an outdoor recreational use, other than a golf course, adjoins
or is in a residential district trees and shrubs must be planted on
the site of this use so as to form an effective visual barrier between
the outdoor recreational use and adjoining residential properties.
E.
Consideration shall be given to traffic problems. If the nature of
the park or open space area is such that it will generate a high volume
of vehicular traffic then access should be via an arterial or collector
street as designed in the Township's Comprehensive Plan.
F.
The Zoning Hearing Board shall decide the appropriateness of the
design of parking, lighting, and similar feature of the proposed use
to minimize adverse impacts on adjacent properties.
G.
Existing trees and vegetation shall be preserved, to the extent possible,
to keep the area natural.
[Ord. 1996-1, 1/23/1996, § 1246]
1.
Public and nonpublic Schools are permitted in the A-Agricultural,
RL-Low Density Residential, RM-Medium Density Residential and RH-High
Density Residential Districts as special exceptions subject to the
following criteria:
A.
All height, area, setback and coverage standards within the underlying
district shall apply.
B.
No part of a public/nonpublic school property shall be located within
1,000 feet of a property containing an adult-related facility (as
defined herein), nor 300 feet of a property containing an automobile
or gasoline service station. All off-street parking shall be set back
at least 25 feet and screened from adjoining property lines.
C.
An outdoor play area shall be provided, at a rate of 100 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a six-foot high
fence, and screened from adjoining residentially-zoned properties.
Any vegetative materials located within the outdoor play areas shall
not be of a harmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade such as a shade tree(s)
or pavilion(s).
D.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
E.
Passenger "drop-off" and "pick-up" areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
F.
The minimum lot area for public/non-public schools within the RH-High
Density Residential District shall be one acre. In other districts,
the minimum lot area requirements shall be five acres.
G.
Parking as provided for in Part 15 shall be guaranteed.
H.
A traffic study is required.
I.
Each school will install an inter-connected fire alarm system to
an outside monitoring agent, outward swinging exit doors with a panic
bar, and sprinkler system.
J.
The subject property shall have frontage along a major arterial road,
minor arterial road, or a collector road as defined in the Manchester
Township Comprehensive Plan, as amended.
[Ord. 1996-1, 1/23/1996, § 1247]
1.
Within any district, public utilities service structures may be permitted
by special exception subject to the following criteria:
A.
If located within a Residential, C-Commercial, FP-Floodplain, or
A-Agricultural District, the applicant must demonstrate that the selected
location is necessary for public service and the use cannot be supplied
if located elsewhere.
B.
If located within a Residential District, all buildings and structures
shall be designed (to the extent possible) to have the exterior appearance
of a residence.
C.
In any Residential District, the outdoor storage of vehicles or equipment,
used in the maintenance of a utility, shall not be permitted; in a
nonresidential district, all outdoor storage parking and/or loading
areas shall be screened from adjoining roads and all properties. In
addition, landscape regulations for the district shall be followed.
D.
There shall be no specific minimum lot size; however, each lot shall
provide front, side, and rear yard setbacks and comply with the maximum
lot coverage requirements and impervious surface bed as prescribed
in the underlying district.
E.
All structures shall be set back a distance at least equal to the
height of the structure, from all adjoining property lines, and height
regulations for the district shall be followed.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical or microwave disturbance, or any other objectionable impact,
nuisance, or safety hazard beyond the subject property.
[Ord. 1996-1, 1/23/1996, § 1248]
1.
Within the A-Agricultural District, riding academies and boarding
stables shall be permitted by special exception subject to the following
provisions:
A.
Shall have a minimum lot size of five acres.
B.
One sign shall be permitted six square feet in area located with
a setback equivalent to the height of the sign.
C.
All animals except while exercising or pasturing shall be confined
in a building erected or maintained for that purpose.
D.
The building required by Subsection 1C hereof, shall not be erected or maintained within 300 feet of any lot line and 75 feet from any public or private road.
E.
All areas used for exercising and pasturing shall be securely fenced.
F.
Satisfactory evidence must be presented to indicate that adequate
storage and disposal of animal waste will be provided in a manner
that will not create a public health hazard or nuisance.
G.
No more than 10 equine are kept with the exception that one additional
equine may be kept for each additional acre of land over five acres.
H.
The building shall not be less than 200 square feet in size for one
equine, with an additional 200 square feet for each added equine.
I.
All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four-foot high fence, which is located at
least 25 feet from all property lines. All enclosure shall be set
back a minimum of 100 feet from any adjacent residence whose owner
is not the owner of this use.
J.
All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties. There shall be one space
for each nonresident employee and one space for every two equines
kept on the property.
[Ord. 1996-1, 1/23/1996, § 1249]
1.
A commercial school is permitted in the C-Commercial District as
a special exception subject to the following criteria:
A.
All height, area, setback and coverage standards within the underlying
district shall apply.
B.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
C.
Passenger "drop-off" and "pick-up" areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
D.
Parking as provided for in Part 15 shall be guaranteed.
E.
The subject property shall have frontage along a major arterial road,
minor arterial road, or a collector road as defined in the Manchester
Township Comprehensive Plan, as amended.
[Ord. 1996-1, 1/23/1996, § 1250]
1.
Shopping centers shall be permitted as special exceptions in the
C-Commercial Zone, subject to the requirements of the zone as herein
modified:
A.
Access must be via an arterial or collector street as designated
in the Township Comprehensive Plan. In addition, a traffic study shall
be prepared in accordance with Township requirements and all appropriate
traffic controls shall be installed.
B.
Screen plantings and bufferyards shall be installed in accordance
with the requirements of this chapter.
C.
All buildings must be set back at least 50 feet from any property
line and 100 feet from a street line.
D.
The development shall be completed as a unified site plan and architectural
and landscape plan and under single ownership or guaranteed unified
management control. A shopping center shall be deemed a subdivision.
E.
All parking shall be off-street.
F.
Sign regulations in Part 14 shall be followed.
G.
Maximum building coverage shall be 30%.
H.
Parking shall be in compliance with all portions of Part 15. No parking
shall be located less than 30 feet from any property line.
I.
Minimum lot size shall be five acres.
J.
No permanent storage of materials, products or goods intended for
sale or inventory shall be permitted outside a building, and no merchandise
shall be displayed or offered for sale beyond the front line of a
building, or the side lines of a building.
K.
Lot coverage of impervious surface shall be no greater than 80%.
[Ord. 1996-1, 1/23/1996, § 1251]
1.
Skeet, rifle or archery ranges shall be permitted as special exceptions
in the A-Agricultural zone subject to the following requirements:
A.
Skeet and rifle ranges shall be directed away from residential areas
and adequate backstopping shall be provided to protect surrounding
areas from stray bullets or arrows.
B.
Outdoor shooting hours shall be limited from 8:00 a.m. to one-hour
before sunset.
C.
No hunting shall be permitted on the grounds within specified safety
zones of on-site or off-site buildings and dwellings.
[Ord. 1996-1, 1/23/1996, § 1252; as amended by
Ord. 2010-02, 3/9/2010, §§ 3, 4]
1.
Facilities for the disposal or processing of municipal or residual
solid waste as permitted by Special Exception in a HI-Heavy Industrial
district shall, in addition to all of the requirements of this chapter,
be subject to the following:
A.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Zoning Hearing Board.
B.
The applicant shall present duplicate sets of plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Zoning
Hearing Board. If such special exception is granted, the operator
shall continue to present such documentation to the Township when
it is submitted to the Department of Environmental Protection.
C.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Municipal Waste Planning, Recycling and Waste
Reduction Act or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating waste recycling and recovery and the regulations
of the Department of Environmental Protection implementing such statutes.
D.
Operation of the facility shall at all times comply with all applicable
regulations of the York County Solid Waste Authority or any successor
agency. Any permits or approvals required by such agency shall be
obtained by the applicant and evidence of the grant of such permits
or approvals shall be submitted to the Township.
E.
The minimum lot area shall be 10 acres.
F.
A fence measuring eight feet high shall enclose the facility. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the facility, with plantings at least 36 inches high and placed in a double-staggered row with no more than five feet between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. All screenings, and buffers required by § 27-1105 shall be provided. The use shall be screened completely from normal view.
G.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Zoning Hearing Board a hydrogeologic study performed by a qualified
hydro geologist or other similar professional. Such study shall be
prepared in accordance with the accepted hydrogeological standards
and practices; shall contain the sources of all test data, including
but not limited to wells evaluated as a part of the study; and shall
clearly set for the conclusions and recommendations of the professional.
H.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, gates,
locks or other means to deny access at unauthorized times.
I.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
J.
Sufficiently-long vehicle stacking lanes into the facility shall
be provided so that vehicles waiting to be weighted will not back
upon onto public roads.
K.
All driveways onto the site shall be paved to a cartway width of
35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a one-hundred-foot-long crushed stone section of
access drives shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that maybe attached to a vehicle's
wheels.
L.
The facility shall front upon, and gain access from, a rural major
collector or arterial road as defined in the Township Comprehensive
Plan.
M.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site.
N.
If the traffic study demonstrates that improvements to Township or
state roads shall be required in order to serve the proposed use or
to alleviate the direct impacts of the proposed use upon the traffic
network, the applicant shall make such improvements.
O.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
P.
The operator shall provide the Township with copies of any notices
of violation received from the Department of Environmental Protection
of U.S. Environmental Protection Agency within two weeks from the
date such notice of violation was received by the operator.
Q.
Operating schedule shall be provided by the applicant and subject
to review.
R.
Litter control measures shall be implemented to prevent scattering
of materials and a plan for the clean-up of litter shall be submitted
to the Township.
S.
All municipal waste awaiting recycling or resource recovery shall
be stored within an enclosed area.
T.
Setbacks.
(1)
A seventy-five-foot setback shall be maintained from all property
lines and/or street right of way lines for all structures and activities
related to recycling or resource recovery including, parking areas
for non-passenger vehicles and weigh stations.
(2)
Parking areas for passenger vehicles shall be set back a minimum
of 30 feet from all property lines and/or street right of way lines.
(3)
Access drives shall be set back a minimum of 30 feet from all
side and rear property lines and in addition to any required buffer
area.
U.
Building Height.
(1)
No structure may exceed 75 feet; however any structure or portion
thereof may be permitted to be no more than 200 feet in height provided
that the setback from all property lines for such structure or portion
thereof is increased by one foot for each one foot in height above
the permitted seventy-five-foot limit that the height is exceeded.
V.
Where screening, plantings or fencing have been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
W.
The unloading, transfer and deposition of materials shall be continuously
supervised by a qualified facility operation. Vibrations and emissions
into the air shall not be permitted outside the property. All regulations
relating to the control of noise shall be observed.
[Ord. 1996-1, 1/23/1996, § 1253]
1.
Within the C-Commercial District, taverns may be permitted by special
exception subject to the following criteria:
A.
No part of the subject property shall be located within 500 feet
of any residentially-zoned land, or 150 feet from all other districts
or 200 feet from any dwelling used as a home.
B.
The applicant shall furnish evidence that the proposed use shall
not be detrimental to the use of adjoining properties during hours
of operation, light, and/or litter or other nuisance.
C.
The applicant shall furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
the building.
D.
A daily working plan detailing how the cleanup of litter shall be
undertaken by the applicant shall be provided to the Zoning Hearing
Board.
G.
An asphalted paved parking surface shall be provided.
H.
Lighting outside shall not glare off site.
I.
Public water and public sewer shall be required to serve a tavern.
J.
Providers shall comply by installing an interconnected fire alarm
system, an outward swinging exit door with panic bar and sprinkler
system.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2008-05, 7/8/2008,
§ 5]
1.
Permitted in the I-Industrial and RH-High Density Residential Districts
subject to the requirements of those districts except as herein modified
and provided:
A.
Minimum lot area: two acres.
B.
Minimum lot width: 200 feet.
C.
Maximum building height: 35 feet. Fifty feet in the I-Industrial
District (with no limit to the number of actual stories). Canopies
over drive-through areas shall have a minimum clearance of 16 feet.
D.
Maximum density: 25 residents per acre.
E.
Coverage. No more than 60% of the subject property shall be covered
with buildings, parking and loading areas and/or impervious surfaces.
Building coverage shall not exceed 35% of the total site area.
F.
Landscaping. A maximum of 25% of the lot area shall be landscaped
with trees and shrubbery, excluding the area of dense screen planting.
G.
Required Parking.
(1)
One space per employee and 0.75 spaces per resident.
(2)
Parking aisles shall be at least 24 feet wide.
(3)
At least 20% of required parking spaces shall be designed for
handicapped persons.
(4)
No parking is permitted in the required buffer yards.
(5)
One overhead street lamp per 10 parking spaces shall be provided.
(6)
On-site pick-up points for public transportation shall be required.
The pick-up point spaces shall be in accordance with the requirements
of the public transportation provider.
H.
Public water and sewer are required.
I.
Buffer yards in accordance with this chapter shall be provided.
J.
The facility shall have direct access to an arterial or collector
road as designated in the Township Comprehensive Plan.
K.
All proposed street and access drives should follow the provisions of the street design requirements of the Subdivision and Land Development Ordinance [Chapter 22].
L.
A copy of the current license for the facility, issued by the Commonwealth
of Pennsylvania, shall be kept on file with Manchester Township.
M.
A minimum of 90% of the resident population must be ambulatory.
N.
Those residents that are not ambulatory must be located on the first
floor of the facility.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2010-11, 10/12/2010,
§ 6]
2.
No change in the allowable square footage of any sign shall be permitted
to accommodate a CEVMS.
A.
If a sign existing on the date of enactment of this section is changed
to a CEVMS, the existing size of the sign shall be determined to be
the allowable square footage of the CEVMS.
3.
No flashing, no animation, no scrolling, and no intermittent or full
motion video shall be permitted.
4.
CEVMS shall not approximate any traffic control device.
A.
The only exception shall be in the instance when the sign is used
to alert the public of an emergency.
5.
No CEVMS are permitted to exceed 0.3-foot candles of light above
the level of the surrounding ambient light.
A.
Sensors are required so that as the surrounding light moves to darkness
the intensity of the lighting on the sign is reduced.
7.
8.
Specifically for off-site advertising signs P-10 (billboards):
A.
Must be made available to the municipality or other government for
public service type messages such as amber alerts, evacuation routes,
road closures, etc.
(1)
The owner shall agree to not charge the municipality for any
of these type messages.
B.
Shall not be in eyesight of another CEVMS billboard P-10 face.
[Added by Ord. 2016-04, 11/8/2016]
Community commercial sports facilities shall be permitted as
special exceptions in the High Density Residential (RH) and Office
(O) Zones, subject to the requirements of the zone, except as herein
modified:
A.
Lot Size and Lot Width. The subject property shall have a minimum
lot area of five acres and a minimum lot width of 200 feet.
B.
Public Utilities. The subject property shall be served by public
water and public sewer.
C.
Structures. The subject property may contain more than one principal
structure. This may include a domed structure for indoor fields and
court sports, as well as for ancillary structures to support the principal
domed structure.
D.
Access. The subject property must front on and have access to a collector
or arterial street as defined in the Manchester Township Comprehensive
Plan, as amended.
(1)
A minimum of two access points must be provided and must be
on two separate streets, although at the discretion of the Zoning
Hearing Board more ingress or egress points may be required. One of
these access points may be an emergency access that would not be required
to access a collector or arterial street, but either requiring or
permitting this shall be at the discretion of the Zoning Hearing Board.
(2)
If the emergency access point accesses a street of lesser classification,
the access point shall be secured from general access by a gate or
other means. The permitting of an emergency access shall take into
consideration general traffic flow and the neighborhood through which
an emergency access would operate.
E.
Accessory Uses. Uses accessory to the field or court sports provided
for may include, but are not necessarily limited to the following
listed uses. All such uses must be accessory to and subordinate to
the principal use as a community commercial sports facility and must
be contained within the principal building(s) for the community commercial
sports facility except where noted below. The total floor area for
all such accessory uses shall not exceed, in aggregate, 25% of the
total building floor area. If multiple principal buildings are located
on the subject property, then the total floor area for accessory uses
within each individual building shall not exceed, in aggregate, 25%
of each building's total floor area:
(1)
Retail sales of goods.
(2)
Restaurants, including fast food (excluding drive-through service).
(3)
Day-care services.
(4)
Food and beverage concessions (may include outdoor, temporary
concession facilities).
(5)
Medical and dental offices and clinics.
(6)
Conference and meeting spaces.
(7)
Arcades.
F.
Lighting. When outdoor lighting of fields is provided, a lighting
plan prepared by a qualified professional licensed in the Commonwealth
of Pennsylvania shall be provided and approved by the Township. All
outdoor lighting shall be arranged to restrict glare on adjacent residential
lots and/or upon any public street. All outdoor lighting for sports
activities must be turned off by 9:00 p.m. on Sunday through Thursday,
and by 10:00 p.m. on Friday and Saturday.
(1)
Any Monday holidays shall have the same times as a Sunday.
(2)
No outdoor lighting may be turned on before 8:00 a.m.
(3)
The time for lighting does not include outdoor security lighting,
which may be kept on at hours later than those hours for the lighting
of fields.
(4)
Any increase in these hours may be permitted by the Zoning Hearing
Board if the applicant can demonstrate to the satisfaction of the
Zoning Hearing Board that the impact on neighboring properties will
be negligible due to the distance from residential properties, the
installation of substantial screening, or other physical properties
which may cause the Zoning Hearing Board to, in its discretion, extend
the hours in question.
(5)
Under no circumstance shall the use of outdoor lighting of athletic
fields be permitted beyond 11:00 p.m.
G.
Outdoor Public Address System. There shall be no outdoor public address
system permitted.
H.
Outdoor Scoreboards. An outdoor scoreboard may be installed adjacent
to any outdoor playing field.
I.
Setbacks. All buildings must be set back at least 50 feet from any
property and/or street line. All outdoor recreation and sports facility
areas must be set back at least 20 feet from any property line and
100 feet from any street line. An outdoor recreation and sports facility
area is defined as the normal playing field plus a ten-foot-wide perimeter.
J.
Height. Structures for a community commercial sports facility may
exceed the maximum permitted building height within the zoning district
so long as they are set back from all lot lines at least the horizontal
distance equal to their height, provided that the maximum height of
the structure shall not exceed 85 feet. Furthermore, the portion of
the structure exceeding 45 feet shall not be used for habitable occupancy.
K.
Loading Spaces. The facility shall have a minimum of one loading
space for deliveries and equipment. All loading spaces shall be clearly
marked and shown on a site plan. The Township shall review and approve
the loading space design so as to alleviate any safety concerns, roadway
conflicts, sizing for vehicles unloading, and traffic congestion anticipated
on any existing and/or proposed street.
L.
Parking. Required parking will be based on the following schedule:
(1)
The facility shall have a minimum of one parking space for each
200 square feet of gross building floor area.
(2)
The facility shall also provide a minimum of 100 automobile
parking spaces for each outdoor multiuse field.
(3)
There shall be provisions for bus parking in addition to the
required automobile parking in Subsection L(1) and (2) above.
(4)
A minimum of one space shall be reserved for emergency vehicles
in addition to the required automobile parking in Subsection L(1)
and (2) above.
(5)
Additional parking for peak use periods may be provided in a
grassed overflow parking area utilizing stabilization products. Such
overflow parking areas shall be accessible only from the interior
driveways of the permanent parking lot.
M.
Buffers. A buffer yard of 20 feet wide shall be provided when the
subject property is adjacent to residentially used and/or residentially
zoned properties. The buffer yard shall be comprised of screen plantings,
privacy fencing or a combination of both. The buffer yard shall be
50% opaque to a height of six feet above ground level at the time
of facility occupancy and 100% opaque to a height of six feet above
ground level within three years of the facility occupancy. This buffer
yard may overlap and be a part of a required yard area.
N.
Signage. The facility may have a maximum of one thirty-two-square-foot
freestanding business sign per street frontage with nonemergency vehicular
access. The facility may also have a maximum of one thirty-two-square-foot
attached business sign per street frontage with nonemergency vehicular
access. Individual accessory uses within the principal building(s)
may have a maximum of one twenty-square-foot attached business sign.
The facility shall comply with all other Township sign regulations
except as herein modified.
