A. 
In addition to the general criteria listed in §§ 220-107C and §§ 220-118B, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases the specific special exception or conditional use standards shall apply.
B. 
For the purposes of this Article IV, any required setbacks imposed upon special exceptions or conditional uses shall be measured from the boundary line of the site for which the special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line.
Within the Residential (R-2, R-3, R-4 and COA) Zones, accessory buildings exceeding 680 square feet in size or 1,000 square feet in size within the R-1 Zone are permitted by special exception, subject to the following criteria:
A. 
The applicant shall explain the reasons why the accessory building must exceed 680 square feet (or 1,000 square feet in the R-1 Zone) in gross floor area. Furthermore, the applicant must describe the intended use of the accessory building, which must be incidental to the principal use of the property but not associated with a home occupation.
B. 
The maximum permitted height for accessory buildings exceeding 680 square feet (or 1,000 square feet in the R-1 Zone) in size shall be 20 feet.
C. 
The applicant shall demonstrate that the lot coverage requirements of the zone in which the accessory building is proposed will not be violated.
D. 
The Zoning Hearing Board may require the erection of a landscape screen on the subject property if it determines that the proposed use would disrupt the character of the neighborhood and/or adjoining properties.
Within the C-1 Zone, adult-related uses are permitted by conditional use, subject to the following criteria:
A. 
An adult-related use shall not be permitted to be located within 1,000 feet of any other adult-related use.
B. 
No adult-related use shall be located within 200 feet of any residentially zoned land.
C. 
No establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park.
(2) 
Camp (for minors' activity).
(3) 
Child-care facility.
(4) 
Church or other similar religious facility.
(5) 
Community center.
(6) 
Museum.
(7) 
Park.
(8) 
Playground.
(9) 
School.
(10) 
Other lands where minors congregate.
D. 
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.
E. 
No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
F. 
Any building or structure used and occupied as an adult-related use shall have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside the building or structure.
G. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
H. 
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 17 years are not permitted to enter therein, and warning all other persons that they may be offended upon entry.
I. 
No adult-related use may change to another adult-related use, except upon approval of an additional conditional use.
J. 
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
K. 
No unlawful sexual activity or conduct shall be permitted.
L. 
No more than one adult-related use may be located within one building or shopping center.
Within the C-1 Zone, amusement arcades are permitted by special exception, subject to the following criteria:
A. 
All activities shall take place within a completely enclosed building.
B. 
The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade.
C. 
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 220-32 of this chapter.
D. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
Within the C-1 Zone, automobile filling stations (including minor incidental repair) are permitted by special exception, subject to the following criteria:
A. 
The subject property shall have a minimum width of 125 feet.
B. 
The subject property shall front on an arterial road as defined in § 220-36 of this chapter.
C. 
The subject property shall be located at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.
D. 
The outdoor storage of motor vehicles (whether capable of movement or not) for more than one week is prohibited.
E. 
All structures (including gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.
F. 
No outdoor storage of automobile parts (new or used) shall be permitted. No discarded automobile parts shall remain on the site for more than one week from when they are removed from the vehicle.
G. 
Access driveways shall be a minimum of 28 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge.
H. 
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties.
I. 
The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with state and federal regulations.
Within the C-1 Zone, automobile reconditioning, service and repair facilities, including but not limited to auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shop, are permitted by special exception, subject to the following criteria:
A. 
All service and/or repair activities shall be conducted within a completely enclosed building.
B. 
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
C. 
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted.
D. 
All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties and roads.
E. 
The storage of unlicensed vehicles is prohibited.
F. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property.
G. 
All vehicles shall be repaired and removed from the premises promptly.
H. 
The demolition or junking of automobiles is prohibited. Demolished vehicles shall be removed from the site within two weeks of arrival.
I. 
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
Within the I Zone, automobile storage compounds are permitted by conditional use, subject to the following:
A. 
Any site used for the storage of more than 100 vehicles shall front solely upon a collector or arterial road, as listed in § 220-36 of this chapter.
B. 
All exterior areas used for the storage of automobiles shall be completely enclosed by a six-foot-high fence and shall be subject to the I Zone's setback, landscaping and screening requirements imposed upon off-street parking lots.
C. 
All areas used for vehicle access or storage shall not be governed by § 220-32 (off-street parking) of this chapter. However, all storage areas shall, at a minimum, include a nonpaved all-weather dust-free surface.
D. 
Vehicles may be stored in a horizontal stacked configuration; however, no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide on-site access drive.
E. 
All lighting shall be designed and constructed so as not to cast glare on adjoining roads and/or properties.
Within the CBD Zone, banks and similar financial institutions with drive-through lanes are permitted by special exception, subject to the following criteria:
A. 
No drive-through lane entrance shall be located within 100 feet of the intersection of any street or alley right-of-way lines.
B. 
All drive-through lanes shall be separated by curb from the parking lot's interior driveways.
C. 
No more than two drive-through lanes shall be permitted.
D. 
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties or the streetscape.
E. 
All drive-through lanes shall be designed and signed to maximize pedestrian safety on and adjacent to the subject property.
Within the COA Zone, barber and beauty salons are permitted by special exception, subject to the following criteria:
A. 
All such uses shall be contained within a detached building.
B. 
No more than two operators may provide service at any given time.
C. 
Two off-street parking spaces shall be provided for each operator. Such parking spaces shall be screened from adjoining roads and properties and shall be located in the rear yard.
Within the R-3, COA and CBD Zones, bed-and-breakfasts, as defined herein, are permitted by right, subject to the following criteria:
A. 
No modifications to the external appearance of the building which would alter its residential character shall be permitted.
B. 
All floors above grade shall have direct means of escape to ground level. Fire escapes, where practicable, shall not be located and affixed to the front walls of the building.
C. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit. Such spaces shall be located in a side or rear yard and shall be screened from adjoining residentially zoned properties and any street(s).
D. 
All parking areas shall be set back a minimum of five feet from all property lines and screened from adjoining residentially zoned properties and any street(s).
E. 
The applicants shall furnish evidence of an approved means of sewage disposal and water supply prior to occupancy.
F. 
Meals shall be offered only to registered tenants and their guests.
G. 
Bed-and-breakfasts shall only be operated during times when the owner occupies the premises.
Within the CBD and COA Zones, boardinghouses are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: 10,000 square feet.
B. 
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
C. 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
D. 
All floors above grade shall have direct means of escape to ground level.
E. 
One off-street parking space shall be provided for each room available for rent in addition to those required for the dwelling unit.
F. 
All parking areas shall be set back a minimum of 15 feet from all property lines, and such parking shall be screened from adjoining residentially zoned properties and any street(s).
G. 
Meals shall be offered only to registered tenants and their guests.
H. 
No signs advertising the use shall be permitted.
I. 
Within the CBD Zone, this use shall be restricted to second and third floors, preserving the first-floor area for permitted business uses.
Within the C-1 Zone, car washes are permitted by special exception, subject to the following criteria:
A. 
Public sewer facilities shall be utilized, and private on-lot recycled water systems are encouraged.
B. 
Each washing bay shall provide a minimum 60 feet long on-site stacking lane between the frontage and the entrance to the wash bay.
C. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.
D. 
The subject property shall front on an arterial or collector road, as identified in § 220-36 of this chapter.
E. 
Waste disposal methods shall be presented and comply with all applicable state and federal requirements.
Within the R-1, R-3 and COA Zones, churches and related uses are permitted by special exception, subject to the following criteria:
A. 
House of worship.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 200 feet.
(3) 
Side setback: 30 feet on each side.
B. 
Church-related residences (rectories and convents).
(1) 
All residential uses shall be accessory and located upon the same lot or directly adjacent to a lot containing a house of worship.
(2) 
All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the underlying zone.
C. 
Church-related educational or day-care facilities.
(1) 
All educational or day-care uses shall be accessory and located upon the same lot as a house of worship.
(2) 
If education or day care is offered below the college level, an outdoor play area shall be provided at a rate of 65 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 be free of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as shade tree(s) or pavilion(s).
(3) 
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(4) 
Passenger drop-off areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(5) 
All educational or day-care uses shall be governed by the location, height and bulk standards imposed upon principal uses within the underlying zone.
(6) 
Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10 and/or one off-street parking space for each three students, grades 10 and above.
(7) 
The applicant shall furnish evidence that all licenses have been obtained.
D. 
Cemeteries.
(1) 
All burial plots or structures shall be located at least 50 feet from any property line or street line.
(2) 
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
(3) 
No burial plots or facilities are permitted in floodplain or flood-fringe areas.
Within the R-1 Zone, commercial day-care facilities are permitted by special exception, subject to the following criteria:
A. 
An outdoor play area shall be provided at a rate of 65 square feet per individual enrolled. 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 properties. Any vegetative materials located within the outdoor play areas shall be free 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).
B. 
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
C. 
Passenger drop-off and pick-up areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
D. 
One off-street parking space shall be provided for each six students enrolled.
E. 
The subject property must front along a collector or arterial road, as identified in § 220-36 of this chapter.
F. 
The proposed use shall obtain all necessary state licenses and permits.
Within the C-1 Zone, commercial recreation facilities are permitted by conditional use, subject to the following criteria:
A. 
If the subject property contains more than two acres, it shall front on an arterial or collector road, as identified in § 220-36 of this chapter.
B. 
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
C. 
Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
D. 
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
E. 
Required parking will be determined based upon the types of activities proposed and the schedule listed in § 220-32S. In addition, Borough Council may require an unimproved grassed overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
F. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle back-ups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle back-ups on adjoining roads. If at any time after the opening of the commercial recreation facility Borough Council determines that traffic back-ups are occurring on adjoining roads, and such back-ups are directly related to the means of access to the subject property, Borough Council may require the applicant to revise means of access to relieve the undue congestion.
G. 
Any outside pedestrian waiting lines shall be provided with a means of shade.
A. 
Conversion apartments, efficiency apartments and accessory dwelling suites shall be permitted by special exception, subject to the following:
(1) 
Conversion and efficiency apartments shall only be permitted within buildings that contained 3,000 or more square feet of habitable floor area on the effective date of this chapter.
(2) 
All dwelling units except for an efficiency apartment within the conversion apartment building shall contain at least 700 square feet of habitable floor area.
(3) 
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
(4) 
No modifications to the external appearance of the building that would alter its residential appearance shall be permitted; except that this provision shall not apply to structures in the PC-1 Zone.
(5) 
All floors above grade shall have direct means of escape to ground level.
(6) 
Two off-street parking spaces per unit shall be provided.
(7) 
The applicant shall obtain any required land development approvals.
(8) 
Within the CBD Zone, conversion and efficiency apartments shall be restricted to second and third floors, preserving the first-floor area for permitted business uses.
(9) 
An efficiency apartment shall be part of an existing structure that meets the same criteria as that of a conversion apartment except for the square footage, and shall not be permitted in an accessory structure.
(10) 
Efficiency apartments are limited to one bedroom with a maximum two persons occupancy and shall meet all current zoning and building code regulations. The unit shall be provided with a kitchen sink, a cooking appliance and refrigeration facilities meeting the requirements of the Property Maintenance Code. There shall be suitable counter space to prepare and serve foods in a sanitary manner plus adequate space such as cabinets/shelves for storage. The unit shall provide its own separate bathroom containing a water closet, lavatory and bathtub or shower with a door for privacy; the bedroom shall be partitioned with a permanent wall of at least six feet in height and may or may not have a door.
B. 
An accessory dwelling suite shall be located on the first floor and contain between 450 to 550 square feet.
(1) 
An accessory dwelling suite shall be permitted to be created from a part of an existing single-family owner-occupied dwelling or a new addition.
(2) 
The space shall be designed in such a way that it integrates itself as part of the first floor dwelling unit floor plan with a connecting door as well as its own private entry.
(3) 
This space shall always be secondary to the main use. No separate address may be created, and utilities shall remain as that for a single-family dwelling.
(4) 
An accessory dwelling suite addition shall meet all setbacks and other guidelines as stated in the Borough Zoning Ordinance and the Building Code.
(5) 
A letter from MAWSA shall be provided for approval of water and sewer availability.
(6) 
No accessory dwelling suite may be established in an accessory structure.
(7) 
An accessory dwelling suite shall meet the criteria provided in § 220-58A(10) for efficiency apartments.
(8) 
An accessory dwelling suite shall provide one off-street parking space in addition to the required two of the existing dwelling.
Within the C-1 Zone, drive-through and/or fast-food restaurants are permitted by conditional use, subject to the following criteria:
A. 
The subject property shall front on an arterial or collector road, as identified in § 220-36 of this chapter.
B. 
Exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. All applications shall include a description of a working plan for the clean-up of litter.
C. 
All drive-through window lanes shall have at least sufficient space to stack five vehicles waiting to order and shall be separated from the parking lot's interior driveways by the use of curbs and/or planting islands.
D. 
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
E. 
All exterior seating/play areas shall be completely enclosed by a three-foot-high fence.
F. 
No part of the subject property shall be located within 200 feet of any residentially zoned land.
Within the R-1, R-2, R-3, R-4 and COA Zones, family day-care facilities are permitted by special exception, subject to the following criteria:
A. 
All family day-care facilities shall be conducted within a detached single-family dwelling by a resident of the dwelling.
B. 
A family day-care facility shall offer care and supervision to no more than six minors who are not relatives of the caregiver during any calendar day.
C. 
All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use issued by the Pennsylvania Department of Public Welfare.
D. 
An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. A minimum four-foot fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be free of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade, such as a shade tree(s) or pavilion(s).
E. 
Passenger drop-off and pick-up areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
Within the COA and CBD Zones, funeral homes are permitted by special exception, subject to the following criteria:
A. 
Public sewer and water facilities shall be utilized.
B. 
Sufficient off-street parking shall be provided to prevent traffic back-ups onto adjoining roads.
Within the I Zone, heavy equipment sales, service and/or repair service facilities are permitted by conditional use, subject to the following criteria:
A. 
All service and/or repair activities shall be conducted within a wholly enclosed building.
B. 
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads.
C. 
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted.
D. 
All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather dust-free surface.
E. 
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles on the property is prohibited.
F. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property.
G. 
All vehicles shall be repaired and removed from the premises promptly.
H. 
The applicant shall provide a detailed description of the proposed operation, the materials used, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable laws and ordinances.
Within the I Zone, heavy industrial uses are permitted by conditional use, subject to the following criteria. The applicant shall provide a detailed description of the proposed use in each of the following topics:
A. 
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
B. 
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
C. 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances.
D. 
Traffic study prepared by a professional traffic engineer, as detailed in Section 7.1 of the Manheim Borough Subdivision and Land Development Ordinance.
Within the C-1 Zone, home improvement stores are permitted by special exception, subject to the following criteria:
A. 
All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties.
B. 
If the subject property contains more than one acre, it shall front along an arterial road, as identified in § 220-36 of this chapter.
Within the R-1, R-2, R-3, R-4, COA and CBD Zones, home occupations are permitted by special exception, subject to the following criteria:
A. 
Only single-family detached owner-occupied dwellings may contain one home occupation.
B. 
Only resident employees shall be permitted.
C. 
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
D. 
No off-street parking, besides those required for the residence, shall be permitted.
E. 
Retail sales shall be limited to goods and services that are produced or repaired on the site. No more than 50 square feet of retail display area shall be permitted. No goods shall be visible from the outside of the dwelling.
F. 
The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less. All home occupation activities shall be conducted within the dwelling building.
G. 
No manufacturing, repairing or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.
H. 
No external storage of materials or products shall be permitted. No storage in accessory structures or attached garages shall be permitted.
I. 
The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.
J. 
One non-illuminated sign, not to exceed two square feet in display area, shall be permitted.
Within the C-1 and I Zones, kennels are permitted by special exception, subject to the following criteria:
A. 
No animals shall be boarded outside of a completely enclosed building.
B. 
All external exercise runs or areas shall be located within the rear yard, completely enclosed by a minimum six-foot-high fence, and located no less than 10 feet from all property lines.
C. 
The outdoor running/exercising of animals shall only be permitted if a responsible employee oversees such activities.
D. 
The applicant shall demonstrate a working plan for the regular clean-up and proper disposal of all animal wastes.
E. 
Operation of dog kennels shall comply with the Dog Law, Act of December 7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101 et seq., and all applicable regulations of the Department of Agriculture.
Within the C-1 and PC-1 Zones, mini warehouses are permitted by special exception, subject to the following criteria:
A. 
Off-street parking spaces shall be provided according to the schedule listed in § 220-32S of this chapter.
B. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane.
C. 
Required parking spaces may not be rented as, or used for, vehicular storage. 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 setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.
D. 
All storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
E. 
An on-site manager shall be required to occupy the site during normal working hours and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances.
F. 
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.
G. 
No door openings for any mini warehouse storage unit shall be constructed facing any adjoining residentially zoned property. Additionally, in the PC-1 Zone, no door opening which provides access to a storage facility shall be situated in a manner which faces an adjoining public right-of-way, walkway, bike path or open space/park area.
H. 
Mini warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(1) 
Auctions, commercial wholesale or retail sales, or garage sales.
(2) 
The servicing, reconditioning, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(4) 
The establishment of a transfer and storage business.
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
I. 
The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit these uses.
J. 
In the PC-1 Zone, the development of mini warehouses shall be restricted to the conversion of a building which existed at the time of the creation of the PC-1 Zone.
Within the R-4 Zone, mobile home parks are permitted by conditional use, subject to the following criteria:
A. 
A mobile home park shall contain a minimum of two acres.
B. 
All mobile home parks shall be served by public water and public sanitary sewer facilities.
C. 
Maximum density in a mobile home park shall be 5.8 units per acre.
D. 
All mobile home lots shall contain at least 4,250 square feet.
E. 
Each mobile home lot shall have a minimum front yard of 30 feet, rear yard of 20 feet two side yards of 10 feet each. In no case shall the distance between any two mobile homes be less than 20 feet. (These setbacks shall also apply to mobile home park offices, service, utility or other buildings.)
F. 
All mobile home parks shall be provided with a perimeter landscape buffer strip that is at least 25 feet wide. Such width shall be measured from adjoining property and rights-of-way lines.
G. 
Each mobile home shall be placed on a six inches thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support. Each pad shall include properly designed utility connections. Protective skirting shall be placed around the area between the pad and the floor level of each mobile home so as to prevent that area from forming a harborage for rodents, to allow the creation of a fire hazard, or to expose unsightly conditions.
H. 
Each mobile home shall be provided with a minimum of two paved parking spaces containing at least 180 square feet of bituminous or concrete surface, which shall be located on the mobile home lot. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged and located so that the spaces are within 300 feet walking distance to any unit served. Access to all parking spaces shall be limited to interior roads of the mobile home park; in no case shall access to such parking spaces be provided from adjoining public roads.
I. 
Interior mobile home park roads with no on-street parking shall be paved with an all-weather dust-free surface at least 24 feet wide. An additional width of 10 feet shall be provided for each lane of on-street parking.
J. 
Individual mobile home owners may install accessory or storage sheds, extensions and additions to mobile homes and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side or rear yard and, in every case, shall substantially conform in style, quality and color to the existing mobile homes.
K. 
There shall be a minimum of 25% of the gross acreage of the mobile home park devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or the operator neglect to maintain the designated recreational area as depicted on the plan, the Borough may then maintain said areas and assess the landowner for all costs incurred.
L. 
A visual screen shall be placed along the mobile home park boundaries that adjoin other residentially zoned properties. Such screen may consist of sight-tight fencing, vegetative materials, or earthen berms that are so arranged to effectively block the views from ground level on adjoining properties. Screening shall be provided between ground level and at least a height of six feet. If sight-tight fencing is used, it shall not encompass more than 50% of the total surface area of the required screen.
Within the C-1 Zone, nightclubs are permitted by conditional use, subject to the following criteria:
A. 
No part of the subject property shall be located within 200 feet of any residentially zoned land.
B. 
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
C. 
The applicant shall furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
D. 
A working plan for the clean-up of litter shall be furnished and implemented by the applicant.
Within the COA Zone, office conversions of detached dwellings that existed on the effective date of this chapter are permitted by special exception, subject to the following:
A. 
No exterior structural modifications to the building (except for fire escapes) shall be permitted.
B. 
The site shall front on and have vehicular access to a collector or arterial road, as listed in § 220-36 of this chapter.
C. 
Off-street parking shall be provided in the rear or side yards and shall be screened from adjoining roads and properties.
D. 
One sign shall be permitted, not exceeding six square feet in total sign area.
E. 
All activities must be conducted within a completed enclosed building.
A. 
Outdoor cafes serving alcohol shall provide evidence confirming compliance with all applicable state laws, including but not limited to those of the Pennsylvania Liquor Control Board.
B. 
Outdoor cafes shall only be permitted by right as accessory uses to a principal restaurant. The hours of operation shall coincide with the hours of operation of the restaurant to which it is an accessory use, but in no case shall the outdoor cafe operate between the hours of 10:00 p.m. and 5:00 a.m.
C. 
Outdoor dining may be located on a sidewalk, provided that there shall be a minimum pathway of at least four feet in width along the sidewalk that is free of obstacles to allow for pedestrian traffic.
D. 
Outdoor cafes located within a side and/or rear yard shall be screened from adjoining properties with fencing or vegetation that provides a complete visual barrier between ground level and six feet in height.
E. 
Outdoor furnishings are limited to tables, chairs, umbrellas and items listed in Subsection H of this section below.
F. 
Outdoor furniture shall be removed from the sidewalk and stored inside the restaurant or in a rear or side yard after operating hours. Outdoor furnishings that consist of all-in-one, combination seating/tables shall not be required to be removed daily.
G. 
Any lighting or music systems serving the outdoor cafe shall be located and designed so as not to constitute a nuisance to adjoining properties.
H. 
Planters, posts with ropes, and other removable enclosures, as well as a reservation podium, are required as a way of defining the area occupied by the outdoor dining on a sidewalk.
I. 
Refuse facilities shall be provided and maintained by the restaurant. All areas within the outdoor cafe, as well as the surrounding area, including but not limited to the sidewalk, shall be kept clear of all refuse and shall be kept clean. Food and drink spills, etc., shall be cleaned immediately.
J. 
Advertising or promotional features shall be limited to umbrellas, menu signs, sandwich board signs and canopies and must be consistent with § 220-35 of this chapter.
Within the COA and CBD Zones, the conversion of buildings that existed on the effective date of this chapter to private clubs shall be permitted by special exception, subject to the following:
A. 
No exterior structural modifications to the building (except for fire escapes) shall be permitted.
B. 
The site shall front on and have vehicular access to a collector or arterial road, as listed in § 220-36 of this chapter.
C. 
Off-street parking shall be provided in the rear or side yards and shall be screened from adjoining roads and properties.
D. 
One sign shall be permitted, not exceeding six square feet in total sign area.
E. 
All activities must be conducted within a completely enclosed building.
Within the R-1, R-3 and COA Zones, public and private schools are permitted by special exception, subject to the following criteria:
A. 
All height, area, setback and coverage standards within the underlying zone shall apply.
B. 
All off-street parking lots shall be screened from adjoining residentially zoned properties.
C. 
If education is offered below the college level, an outdoor play area shall be provided, at a rate of 65 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 10 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 area shall be free 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). Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
D. 
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.
E. 
Within the COA Zone, private schools shall only be conducted within buildings that existed on the effective date of this chapter.
Within the I Zone, recycling of paper, plastic, glass and metal products is permitted by conditional use, subject to the following criteria:
A. 
All operations, including collection, shall be conducted within a completely enclosed building.
B. 
There shall be no outdoor storage of materials processed, used or generated by the operation.
C. 
The applicant shall explain the scope of operation and any measures used to mitigate problems associated with noise, fumes, dust and litter.
D. 
The applicant shall present a working plan to assure the immediate collection of stray debris.
Within the C-1 Zone, shopping centers may be permitted by conditional use, subject to the following:
A. 
The subject property shall front on an arterial road, as identified in § 220-36 of this chapter.
B. 
Design standards.
(1) 
Zone: C-1.
(2) 
Minimum lot area: 43,560 square feet.
(3) 
Minimum lot width: 150 feet.
(4) 
Maximum lot coverage: 70%.
C. 
A minimum of 5 1/2 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area. This parking requirement is also subject to the permitted reduction described in § 220-32Q of this chapter.
D. 
Both public sewer and public water shall be utilized.
E. 
A traffic study shall be submitted by a qualified traffic engineer concerning the adequacy of the existing and/or proposed road systems to accommodate increased traffic from the shopping center development. Such study shall be prepared in accordance with Section 7.1 of the Manheim Borough Subdivision and Land Development Ordinance.
F. 
The shopping center shall be permitted to erect one planned center sign along each of the center's frontages. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the shopping center. In no event shall a planned center sign exceed a maximum size of 64 square feet nor an overall height of 20 feet. In addition, individual uses within the shopping center may have signs; however, such signs shall be flat wall, wall projecting, or roof signs, as defined in § 220-35B of this chapter.
Within the R-1 Zone, village cluster developments shall be permitted by conditional use, subject to the following:
A. 
Purpose.
(1) 
In compliance with § 606 and § 605 of the Act, this zone provides an optional set of design standards that can be applied only to property located within the R-1 Residential Zone. These optional design standards seek to achieve a village-type setting that is characteristic of much of the Borough's built environment and heritage. All of the design standards of this zone are vital if the "village" atmosphere is to be achieved. While many of the following requirements deal with issues that typically transcend zoning jurisdiction, they are provided as design options and are, therefore, considered voluntarily self-imposed by prospective developers but enforceable by the Borough.
(2) 
Some of the specific development objectives of the zone include the design and construction of neighborhoods that:
(a) 
Are distinct in their incorporation of important natural and cultural features.
(b) 
Provide for a diversity of housing types, sizes and costs with particular emphasis on scattered-site affordable housing opportunities.
(c) 
Provide for convenient vehicular access to the neighborhood's edge but increased reliance upon pedestrian movements within its bounds.
(d) 
Integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities.
(e) 
Make efficient use of local infrastructure and services.
(f) 
Reflect the historic and traditional building styles so abundant within the Borough.
(g) 
Reserve and feature civic uses and open spaces as community focal points.
(h) 
Provide safe, efficient and compatible linkages with existing nearby land uses, streets, sidewalks, etc.
(i) 
Invite regular and frequent social interaction among its inhabitants.
(j) 
Blend all of these above-described features in a way that promotes community identification and a "sense of belonging" for the residents.
(3) 
These development objectives will be used as a measure of conformance with any proposed development under this section.
B. 
Relationship to other ordinances and sections of this chapter. The provisions of this § 220-76 create an optional and inseverable set of design standards which may be applied to lands within the R-11 Zone. Such standards may only be applied to property upon approval by Borough Council and written acceptance by the landowner of all requirements of this section and any valid conditions of approval attached by Borough Council. Such standards establish different land use and design requirements from those contained in this and other ordinances of the Borough. To the extent the regulations within this section differ (are more or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Borough shall remain in full force.
C. 
Severability and repealer. Should any part of this § 220-76 be declared invalid by the courts, the entire § 220-76 shall be automatically repealed.
D. 
Review procedures. All proposals shall be governed by the application and review procedures for conditional uses according to § 220-118 of this chapter. The remaining requirements shall be used as the specific criteria for evaluating the approval of any conditional use(s).
E. 
Conditional uses.
(1) 
Public uses and public utilities structures.
(2) 
Public and nonprofit parks and playgrounds.
(3) 
Churches and related uses.
(4) 
Single-family detached dwellings.
(5) 
Duplexes.
(6) 
Townhouses with no more than four units per building.
(7) 
Quadruplexes.
(8) 
Accessory building apartments with no more than one dwelling unit.
(9) 
Home occupations, subject to the criteria listed in § 220-65 of this chapter.
(10) 
Family day-care facilities, subject to the criteria listed in § 220-60 of this chapter.
(11) 
Accessory uses customarily incidental to the above permitted uses.
F. 
Minimum area requirements. All applications shall contain no less than 10 contiguous acres; however, applications that expand previously approved village cluster developments shall have no minimum area requirements.
G. 
Required mixture of uses. All village cluster developments shall provide a mixture of uses that conform with the following ratios of net acreage (excluding streets, alleys and utility rights-of-way):
Use
Required Percentage
Public, civic, open spaces
Minimum 30%
Single-family detached dwellings (including accessory apartments)
Minimum 40%
Other dwellings (duplexes, townhouses, quadruplexes)
10% to 30%
H. 
Maximum coverage. In no case shall more than 55% of a village cluster development site be covered with buildings and/or other impervious surfaces.
I. 
Residential design requirements.
(1) 
Lot design standards. See the following table:
Permitted Dwelling Type
Maximum Permitted Density
(units/net acre)
Minimum Lot Width at Building Line
(feet)
Maximum Lot Coverage
Front Build-to Line1
(feet)
Required Setbacks2
One Side
(feet)
Both Sides
(feet)
Rear
(feet)
Single-family detached
7
50
50%3
10
6
12
20
Duplex
7
40 per unit
70%
10
6 per unit
N/A
20
Townhouse
7
18 per unit
70%
10
10, end units
N/A
20
Quadruplex
7
30 per unit
70%
10
10, end units
N/A
20
NOTES:
1
No less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to-line; except, however, no less than 50% of any townhouse or quadruplex building must be located on the front build-to line. Front build-to lines shall be measured between the edges of the street right-of-way and the closest facade of the building, including porches. No part of any building shall extend closer to a street than the front build-to line.
2
Required setbacks for accessory structures shall be 10 feet from rear lot lines and six feet from side lot lines. No accessory buildings shall be permitted within the front yard.
3
Maximum lot coverage requirements shall not apply to porches located within the front yard.
(2) 
Residential building design standards. All residences shall comply with the following:
(a) 
Building height. All principal residences shall be one, two or three stories in height. Accessory buildings shall be no more than 20 feet high unless an accessory apartment is provided; in such cases, an accessory building can extend up to two stories.
(b) 
Building orientation and porches. All residential buildings' main entrances shall face the lot's front yard. At least 50% of all detached dwellings located along a public street within the same block shall include porches within the front yard. When a dwelling with a porch is located on a corner lot, the porch shall extend parallel along both front lot lines.
(c) 
Residential building width. No residential building shall be greater than 80 feet wide as measured parallel or approximately parallel with any street line.
(d) 
Architectural considerations. All proposals must incorporate architectural treatments and styles that complement the Borough's historic resources. All applications shall include the preparation of textual and (typical) graphic descriptions by a Commonwealth-registered architect of proposed architectural features and styles. Such descriptions shall be analyzed with the following criteria:
[1] 
Proportion of building's front facades. The relationship between the width of the front of the building and the height of the front of the building.
[2] 
Proportion of openings within the building. The relationship of width to height of windows and doors.
[3] 
Rhythms of solids to voids in the front facade. Since rhythm is a repeated and recurrent alteration of strong and weak architectural elements, a rhythm of masses to openings in a building shall be maintained.
[4] 
Rhythm of spacing of buildings on streets. In moving past a series of buildings, a rhythm of recurrent or repeated building masses to spaces between them should be experienced.
[5] 
Rhythm of entrance and/or porch projections. Moving past a series of structures, one experiences a rhythm of entrances or projections at an intimate scale.
[6] 
Relationship of materials. Within an area, the predominant materials may be brick, stone, stucco, wood siding or other material.
[7] 
Relationship of textures. The predominant textures of an area may be smooth, such as stucco, or rough, such as brick with tooled joints, or horizontal wood siding, or other textures.
[8] 
Walls of continuity. Physical ingredients, such as brick walls, wrought iron fences, evergreen landscape masses, building facades or combinations of these, form continuous, cohesive walls of enclosures along the street.
[9] 
Relationship of landscaping. There may be a predominance of a quality and quantity of landscaping, although emphasis herein shall be with the amounts and continuity of landscaping.
[10] 
Paving materials. There may be a predominance in the use of brick pavers, cobblestones, granite blocks or others.
[11] 
Directional expression of front elevation. Structural shape, planning of openings and architectural detail may provide a predominantly vertical, horizontal or nondirectional character to the building's facade.
[12] 
Scale. Scale is created by the size of units of construction and architectural detail that relate to the size of man. It can also be determined by building mass and how it relates to open space. The major elements of scale may be brick or stone units, window or door openings, porches and balconies, etc.
[13] 
Relationship of color. Insofar as the mass and detail, such as trim, are concerned, a predominant color that may be of a natural material or a patina colored by time. Blending colors of trim is also a factor.
[14] 
Relationship of architectural details. Architectural details and their relationship to the structure in question and adjacent ones, including but not limited to cornices, lintels, arches, quoins, balustrades and ironwork, chimneys, etc.
[15] 
Relationship of roof shapes. Buildings should have compatible roof shapes, such as gable, mansard, hip, flat, gambrel and/or other kinds of roof shapes.
[16] 
A description of any nonstructural site improvements (buffering, landscaping and screening) that will be used to protect the integrity of the historic resources.
(3) 
Vehicular access and parking requirements for residences.
(a) 
All driveways and off-street parking shall be provided within the rear yard. However, one joint-use driveway shall be permitted to extend into the front yard to connect with the public street along a common lot line serving at least three adjoining residences. Driveway widths shall range between 10 feet and 12 feet. In no case shall any joint-use driveway serve more than four dwelling units.
(b) 
For purposes of this zone, § 220-31 of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots must front along a commonly held pedestrian path and have direct access to a public alley or a joint-use driveway. In such cases, the lot's front yard shall be that which is along the common pedestrian path. Furthermore, the lot's front build-to line shall be measured from the edge of the common pedestrian path.
(4) 
All mail and newspaper boxes shall be attached to the building's front facade.
(5) 
No residential swimming pools, except portable kiddie pools, shall be permitted.
J. 
Open space design requirements. As specified in § 220-76G, no less than 30% of the total development site's net acreage shall be devoted to public, civic and open space uses. The following standards shall also be applied to these areas:
(1) 
Of the total 30% required, no less than 2/3 shall be used for commonly held public open spaces. The remaining 1/3 shall be reserved for developed public and civic uses, such as playgrounds, picnic pavilions, neighborhood parks, public schools, churches, meeting halls, swimming pools, libraries, museums and other similar uses.
(2) 
The location and design of required public open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site.
(a) 
Qualified experts must identify and plot each of the following found on the proposed site:
[1] 
100-year floodplains.
[2] 
Steep slopes (greater than 15%).
[3] 
Wetlands, streams, ponds or other water bodies.
[4] 
Sinkholes, caves, vistas or other significant geologic features.
[5] 
Threatened or endangered species habitats.
[6] 
Archaeologic resources.
[7] 
Historic resources.
[8] 
Significant stands of mature trees.
(b) 
From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the village cluster development minimizes disturbance of but integrates these features to provide a safe and attractive network of common pedestrian paths that link areas within the proposed development and connect with nearby uses of the Borough. All common pedestrian paths shall consist of an all-weather durable surface that is at least six feet wide.
(3) 
For applications involving 30 or more acres, community-oriented recreation facilities shall be required. Such community recreation facilities shall include uses that serve the entire Borough, rather than just the residents of the proposed development. Examples of such uses could include, but not be limited to, multiple athletic fields, band shells, community centers, skating rinks, community gardens, swimming pools, etc.
(4) 
An essential element of the village cluster development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in a manner to ensure its preservation. This shall be accomplished through one of the following:
(a) 
An offer of dedication to the Borough. The Borough shall not be obligated to accept dedication of the common open space.
(b) 
With permission of the Borough, and with appropriate deed restrictions in favor of the Borough in language acceptable to the Borough Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence; the conveyance must contain appropriate provisions for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Borough.
(c) 
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Borough Solicitor:
[1] 
Such organization shall not dispose of the common open space by sale or otherwise except to the Borough, unless the Borough has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.
[2] 
The organization and all lot owners shall enter into a maintenance agreement with the Borough and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code[1] relating to the maintenance of deteriorating common open space by municipalities.
[1]
Editor's Note: See 53 P.S. 10701 et seq.
[3] 
The Borough may require the establishment of a reserve fund to provide for maintenance of, or capital improvements to, the common open space.
K. 
Streets, sidewalks and alleys. Within the village cluster development, the following design standards shall be applied to streets, sidewalks and alleys:
(1) 
The following table lists required street, sidewalk, and alley widths:
Number of Travel Lanes
Number of Parallel Parking Lanes
Required Cartway Width
(feet)
Required Sidewalk Width1
(feet)
Required Right-of-Way Width
(feet)
2
2
28
20
48
2
1
22
20
42
1
2
26
20
46
1
1
18
20
18
2-way alleys
02
14
0
14
1-way alleys
02
11
0
11
NOTES:
1
Sidewalks shall be provided along both sides of any public street. Such sidewalks shall be five feet wide and separated from the edge of the cartways by vertical curbs. [See § 220-76K(4).]
2
No parking shall be permitted within alleys.
(2) 
Where practicable, the design of streets, alleys and sidewalks shall provide for through traffic and pedestrian movements and shall interconnect with existing nearby streets, alleys and sidewalks. The use of cul-de-sac streets and alleys is forbidden, unless accompanied by plans of future adjacent street connections.
(3) 
All public streets that connect with existing arterial or collector roads (as listed in § 220-36 of this chapter) and/or act as collector roads within the proposed development shall be designed with a minimum center-line turning radius of 150 feet. All other roads shall be designed with a minimum center-line turning radius of 80 feet.
(4) 
Both sides of all public streets shall be lined with five-foot-wide sidewalks, and five-foot-wide sidewalk planting strips. Sidewalks and sidewalk planting strips shall weave beside, and in and out of, one another. At driveway, access drive, and street intersections, all sidewalks shall include aprons for access by handicapped persons according to standards contained within the latest version of the Pennsylvania Universal Accessibility Standards. Sidewalk planting strips shall stop no less than 20 feet from the curbline of an intersecting street; in these areas ten-foot-wide sidewalks shall be provided. In addition, sidewalk planting strips can be replaced with ten-foot-wide sidewalks at locations of passive pedestrian nodes (e.g., benches, fountains, public transit stops, and access points of public uses and parks). One shade tree shall be provided every 50 feet or fraction thereof of linear sidewalk planting strip.
L. 
Public utility and service requirements. All proposals must comply with the following:
(1) 
Both public sewer and public water shall be used throughout the development.
(2) 
Where practicable, the retention and regenerative percolation of stormwater runoff shall be located within common passive open spaces.
(3) 
All utility lines shall be located underground and within public streets, alleys or other public rights-of-way. Any required utility structures, buildings, pump stations, transformers or other similar devices shall be screened from adjoining properties and roads.
(4) 
All public streets shall be provided on one, or both, side(s) with streetlights. Such streetlights shall be placed every 100 lineal feet and shall be of such design and light intensity to complement the Borough's historic character.
(5) 
Bus stops shall be placed at appropriate location(s) along major roads serving the proposed development. Their distribution shall be such that no residence within the development shall be situated more than 1,000 feet from its bus stop. Furthermore, the selection of bus stops shall be logically connected with any existing bus routes. Bus stops shall consist of a minimum pedestrian node consisting of one ten-foot-by-twenty-foot sidewalk section, one permanently anchored park bench and a shade tree. Such bus stops shall be provided even if existing bus routes do not currently serve the area.
(6) 
Applicants must develop and map a plan for the removal of snow from public streets, sidewalks, common pedestrian paths and courtyards and alleys. Such plan must identify snowplow drop locations and where vehicles will be stored during snow emergency periods.
(7) 
Applicants are required to obtain a letter from the Fire Chief of the company that would provide first-call service to the proposed development. Such letter shall describe any foreseeable problems regarding fire protection for the proposed development. Particular attention should focus upon the location of fire hydrants and street turning radii.
M. 
Subsequent revisions within the village cluster development.
(1) 
Except as provided in Subsection M(2) and M(3), any change proposed within a previously approved village cluster development will require the obtainment of a conditional use approval according to the procedures and standards listed in § 220-118 of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of this § 220-76 and other applicable provisions of this chapter, as well as any conditions of approval attached to the original approval.
(2) 
Minor revisions of existing uses which were previously approved as part of a village cluster development are permitted by right, if they:
(a) 
Do not violate any design standards specifically imposed upon the proposed use and its site.
(b) 
Do not change any principal use.
(c) 
Do not violate any of the standards imposed upon the entire development.
(d) 
Do not violate any conditions attached to the original approval of the village cluster development.
(3) 
The following accessory uses may be established by special exception, subsequent to approval of a village cluster development, subject to their respective specific criteria and the rules and procedures of § 220-107C of this chapter:
(a) 
Home occupations. (See § 220-65 of this chapter.)
(b) 
Family day-care facilities. (See § 220-60 of this chapter.)
Within the I Zone, warehousing and wholesale trade establishments are permitted by conditional use, subject to the following criteria. The applicant shall provide a detailed description of the proposed use in each of the following topics:
A. 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
B. 
The general scale of the operation in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.
C. 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
D. 
A traffic study prepared by a professional traffic engineer shall be provided in accordance with Section 7.1 of the Manheim Borough Subdivision and Land Development Ordinance.
Within the R-1, R-2, R-3 and COA Zones the establishment of transitional cottages, as accessory uses to either an existing church or public use, shall be permitted through the conditional use process, subject to the following criteria:
A. 
The transitional cottage shall be sponsored, monitored and under the direct supervision of a recognized nonprofit housing organization such as a church or a community or public housing group.
B. 
The applicants shall provide credible evidence that the cottage(s) will be targeted to benefit residents of the Borough and the immediate adjacent area.
C. 
The applicants shall provide a written operational plan which shall provide credible evidence as to the intended occupancy, services and benefits which the cottage(s) will provide to the individuals/families being assisted.
D. 
The applicants shall provide a copy of the qualifications and restrictions which may apply to those individuals who may become occupants of the transitional cottage.
E. 
The design standards (minimum setbacks, maximum lot coverage criteria, etc.) of the base zoning district shall be strictly adhered to.
F. 
The dwelling unit shall be constructed and placed in conformity with all currently applicable residential construction/building codes, or it shall be designed, constructed and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 or other currently applicable manufactured housing code.
G. 
The transitional cottage shall be placed on a properly designed foundation, to be certified by an engineer registered in the Commonwealth of Pennsylvania.
H. 
The applicants shall provide credible evidence that the transitional cottage will be properly connected to all public utilities (i.e., water, sewer, electric, etc.), on-lot wells and septic systems wells and septic systems will not be permitted.
I. 
The maximum area of lot coverage, bases on the footprint of the building, shall not exceed 500 square feet per cottage.
J. 
The maximum height of the dwelling shall not exceed 20 feet, including any sleeping/storage loft and elevated foundation area.
K. 
The improvements associated with the transitional cottage(s) shall provide a minimum separation of 20 feet between the sides of adjacent cottages. However, the rear walls of cottages may be placed directly adjacent to each other as long as each wall, roof and floor assembly has been constructed of materials which would provide a minimum one-hour fire-resistive rating.
L. 
The plans shall show adequate off-street parking and driveway access for no less than two vehicles per cottage, in addition to the requirements for the principal use.
M. 
The applicants, due to the size of the cottages, shall make adequate provisions for the exterior storage and ultimate disposal of trash and rubbish in covered leakproof containers.
N. 
The applicants shall provide credible evidence in reference to the maintenance of the cottages and shall further provide an operating plan to reference the replacement, renovation or removal of deteriorated or vacant cottage(s).
O. 
Borough Council shall have the right to place conditions upon the applicants as are deemed necessary, such as, but not limited to, landscaping and/or screening.
P. 
The applicant shall comply with the provisions of § 220-118, Conditional uses, of this chapter.
The purpose of these regulations is to balance the rights of wireless communications providers to locate reasonable and safe facilities in the Borough for the purpose of providing a secondary level of convenience to their customers while respecting the Borough's duty to protect the general health, safety and welfare.
A. 
Within the Residential (R-1), Industrial (I) and Planned Industrial/Corporate Center (PC-1) Zones, wireless and cellular communications antennas and antenna support structures/towers and cellular sites shall be permitted as conditional uses, subject to the following criteria:
(1) 
The applicant shall be required to demonstrate, using technological evidence, that the location of the antenna will adequately satisfy its function within the applicant's design grid system.
(2) 
The applicant must demonstrate that the proposed height of the antenna support structure and antenna are set at the minimum height required to provide a satisfactory level of service.
(3) 
The height of the antenna support structure and/or the wireless or cellular communications antenna, whichever is highest, shall be equal to or less than the horizontal distance between the structures and any adjacent property line which either serves as the limit of a public right-of-way (i.e., street, alley, railroad, etc.) or which provides a common line between the subject property and an adjoining residentially zoned property.
(4) 
If the applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure) as part of the development of a wireless or cellular communications antenna and cellular site, it shall demonstrate the lack of availability of any existing structures which would be able to handle the load-bearing requirements necessary to support the proposed telecommunications equipment within its target circle or within a one-fourth-mile radius of the proposed site (which are properly zoned) on which the wireless or cellular communications antenna could be located.
(5) 
The applicant shall provide evidence that any and all required guy wire anchors will be no less than 40 feet from any property line associated with any proposed antenna support structure.
(6) 
Any proposed antenna support structure shall be required to accommodate a minimum of two and a maximum of three other users, including but not limited to other wireless and cellular communications companies, local police, fire, ambulance or other emergency service providers. For that purpose, the antenna support structure shall be permitted to exceed the minimum design height justified by the applicant by a distance of 10 feet, and the applicant shall be permitted to occupy the highest probable elevation. (Applicants for occupancy of the reserved space shall submit documentation to the Zoning Officer showing that their wireless or cellular communications antennas and associated equipment comply with the provisions of this section. The Zoning Officer may grant approval as a permitted use review for the additional service provider(s) on applications involving the antenna support structures which were approved via the conditional use process if the application shows compliance with the provisions of this Article IV and conditions included in the formal zoning decision. The Zoning Officer shall also have the right to require that these supplemental applications are reviewed under the conditional use procedures should he/she determine that the application and supplemental information does not clearly meet the provisions of all ordinances or the conditions contained in the formal conditional use decision.)
(7) 
The applicant shall demonstrate that the proposed antenna support structure is safe and that the surrounding area will not be negatively impacted by structural failure of either the support structure or the brackets by which equipment is mounted to the support structure. To this end, the setback distance shall be proven to be large enough to accommodate such failure(s) on the applicant's property. Credible testimony shall be provided in the form of an analysis submitted by the applicant's engineer. Consideration shall also be given in the analysis to other potential hazards, such as ice falling from the structure, and the effects local wind design factors may have on falling objects.
(8) 
The applicant shall show credible evidence that the wireless or cellular communications company involved in the proposal is licensed by all federal and Commonwealth agencies having jurisdiction, including but not limited to the Federal Communications Commission and its successors.
(9) 
No antenna support structure may be artificially lighted, except as may be required by the Federal Aviation Administration, and then only in accordance with plans submitted, reviewed and acted upon by the Planning Commission, the Historic Commission and Borough Council.
(10) 
All accessory or associated equipment related to the wireless or cellular communications antenna and towers and cellular site shall be contained in a completely enclosed building and/or shall be otherwise adequately screened (by use of vegetative screenings or solid fencing) from all adjoining residentially zoned properties or any property that supports Class I or Class II historic resources, in which event the applicant shall show that his/her/its/their enclosure/screening proposal has been reviewed and acted upon by the Historic Commission.
(11) 
No equipment shall be permitted to generate noise, vibration, smoke, odor or hazardous emissions or effects which may be detected at any perimeter property line or public right-of-way.
(12) 
Accessory uses associated with the cellular site, such as business office, parking areas, driveways, etc., shall be established in compliance with the general provisions of the zoning district in which the use is proposed to be located and shall be shown on the site plan at the time of the conditional use review.
(13) 
The antenna support structure shall be required to include anti-climbing devices approved by the manufacturer and acceptable to the Borough.
(14) 
A fence shall be established around the perimeter of any cellular site which contains an antenna support structure. The fence shall be constructed of acceptable materials and to a height which is in compliance with the general provisions of this chapter.
(15) 
The applicant shall agree to file annual status reports with the Zoning Officer to advise the Borough of the current status of the wireless or cellular communications antenna, its support structure and all related equipment. The report shall include a listing of any equipment updates and/or facility modifications which occurred since the previous report period and projections for continued use of the facilities. Each annual report shall include all pertinent information such as the name, address and emergency telephone number for the operator, owner and other associated party(s), as well as a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wireless and cellular communications antenna, the antenna support structure/tower, the cellular equipment and the site.
(16) 
The applicant shall provide a draft written agreement, which shall establish a clear line of responsibility for the erection and maintenance of the wireless or cellular antennas, support structures and all related equipment. The agreement shall acknowledge responsibility for removal of wireless or cellular communications antennas, antenna support structures and related accessory equipment which cease to be used for their intended purpose(s) for a period of 90 days. The agreement shall be signed by all appropriate parties and shall further acknowledge the Borough's right to pursue any necessary action to have such equipment and facilities removed in accordance with the provisions of Subsection C herein.
(17) 
Within the R-1 Zone, only properties which are in public ownership and currently support public uses, as defined herein, shall be permitted to be further developed for support of wireless or cellular communications antennas and towers and cellular sites, provided they are developed in accordance with the previous criteria.
B. 
Within the Highway Commercial (C-1) Zone, wireless and cellular communications antennas and cellular sites shall be permitted as special exception uses, subject to the following criteria:
(1) 
A wireless cellular communications antenna shall be permitted to be attached to an existing smokestack, church steeple, water tower, farm silo or other similar structure which existed within the C-1 Zone on the date of the adoption of this section, provided that:
(a) 
The property in question supports a commercial principal use which has been found to be in general conformity with applicable provisions of this chapter.
(b) 
The height of the antenna shall not exceed the height of the existing structure to which it will be secured by more than 10 feet.
(2) 
All accessory or associated equipment related to the cellular site shall be contained in a completely enclosed building and/or shall be adequately screened (by use of vegetative screening or solid fencing) from all adjoining residentially zoned properties (for the purpose of this criteria, established single-family dwellings on properties zoned COA or CBD shall be deemed to be residentially zoned properties) or any property that supports Class I or Class II historic resources, in which event the applicant shall show that his/her/its/their enclosure/screening proposal has been reviewed and acted upon by the Historic Commission.
(3) 
No equipment shall be permitted to generate noise, vibration, smoke, odor or hazardous emissions or effects which may be detected at any perimeter property line or public right-of-way.
(4) 
Accessory uses associated with the cellular site, such as business office, parking areas, driveways, etc., shall be established in compliance with the general provisions of the zoning district in which the use is proposed to be located and shall be shown on the site plan at the time of the special exception review.
(5) 
Any applicant proposing to attach a wireless or cellular antenna to a Class I or Class II historic resource shall be required to show that its proposal has been reviewed and acted upon by the Historic Commission.
(6) 
The height of the structure and/or the height of the antenna, whichever is higher, shall not be more than 25% greater than the maximum height limitation of the underlying zoning district, unless the applicant has satisfactorily provided proof of the following:
(a) 
The applicant shall be required to demonstrate, using technological evidence, that the height of the antenna is required in order to address a function in the applicant's grid system which is directly related to providing service to residents within the Borough or that the use is one that will provide direct benefit for police, ambulance, fire or other emergency personnel, which cannot otherwise be gained, thus providing for the public health, safety and general welfare of a larger group of citizens.
(b) 
It shall be demonstrated that the antenna is located at the minimum height required to function satisfactorily.
(c) 
The structure to which the antenna is to be secured shall be set back from the property line(s) a minimum distance demonstrated to be sufficient to protect other property(s) (including but not limited to public rights-of-way) from the potential impact related to structural failure of either the support structure or the brackets by which equipment is mounted to the support structure. This setback distance shall be large enough to accommodate such failure(s) on the applicant's property. The distance shall be determined by the Board's acceptance of credible testimony, which shall be provided in the form of an analysis submitted by the applicant's engineer. Consideration shall also be given in the analysis to other potential hazards, such as ice falling from the structure, and the effect local wind design factors may have on falling objects.
(7) 
The applicant shall show that the bracket system has been adequately designed to withstand a constant wind factor of 90 miles per hour.
(8) 
The applicant shall also show that attachment of the antenna and bracket system will not adversely affect the structure to which it is secured. Sealed engineering drawings and documentation shall be required.
(9) 
The antenna shall not be artificially illuminated. Lighting of the antenna which occurs due to the manner that the support structure (flagpole, steeple, etc.) has been illuminated will not be ruled to violate this provision.
(10) 
The applicant shall show credible evidence that the wireless or cellular communications company involved in the proposal is licensed by all federal and Commonwealth agencies having jurisdiction, including but not limited to the Federal Communications Commission and its successors.
(11) 
The applicant shall agree to file annual status reports with the Zoning Officer to advise the Borough of the current status of the wireless or cellular communications antenna, brackets and all related equipment. Each report shall include a listing of any equipment updates and/or facility modifications which occurred since the previous report period and projections for continued use of the facilities. Each annual report shall include all pertinent information, such as the name, address and emergency telephone number for the operator, owner and other associated party(s), as well as a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence, covering the wireless and cellular communications antenna, the antenna support structure/tower, the cellular equipment and the site.
(12) 
The applicant shall provide a draft written agreement, which shall establish a clear line of responsibility for the erection and maintenance of the wireless or cellular antennas, brackets and all related equipment. The agreement shall acknowledge responsibility for the removal of wireless or cellular communications antennas, brackets and related accessory equipment which cease to be used for their intended purpose(s) for a period of 90 days. The agreement shall be signed by all appropriate parties and shall further acknowledge the Borough's right to pursue any necessary action to have equipment and facilities removed in accordance with the provisions of Subsection C herein.
(13) 
Where appropriate or deemed necessary by the Board, the structure shall be equipped with anti-climbing devices.
C. 
Obsolete wireless or cellular antennas, support structures, brackets and related accessory equipment and/or facilities shall be removed in accordance with the provisions agreed upon during the special exception or conditional use hearing, as provided by Subsections A(16) and B(12), except that antenna support structures which are occupied by multiple users and shared equipment and/or accessory facilities shall be permitted to remain. If the responsible party fails to take action to remove the antenna(s), their support facilities, brackets, accessory equipment, etc., the Zoning Officer shall provide written notification to the property owner or other responsible party that the antenna, support structures, brackets and related materials shall be removed within 30 days of receipt of such notice. If such person fails or refuses to remove such antenna, support structure, brackets and/or facilities in accordance with the provisions of such notice, the Zoning Officer may have the antenna, support structure, brackets and related facilities removed at the expense of the property owner and/or the person(s) responsible for the erection and/or maintenance of the antenna, support structure, brackets and related equipment and facilities, in accordance with the provisions of the original agreement, or if there is no agreement, to the extent that the Zoning Officer must undertake any legal action to remove said wireless or cellular antenna, support structure, bracket, accessory equipment, facilities, etc.; the cost of such legal action, including but not limited to reasonable attorneys' fees incurred by the Borough, shall be paid by the property owner and/or the party responsible for the erection and/or maintenance of the antenna, support structure, brackets and accessory equipment.
D. 
Other regulations or provisions governing cellular antennas, support structures and cellular sites. In addition to the regulations within this section, applicants shall be required to show that its proposal is in compliance with all other Borough ordinances, regulations and codes, including but not limited to those found in § 220-22, Historic Preservation Overlay Zone, of this chapter and Ordinance No. 486, the Manheim Borough Floodplain Ordinance (Chapter 124, as amended from time to time).
Within the PC-1 Zone, the establishment of a catering operation shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The caterer or catering operation shall consist of the preparation and delivery of prepared meals and/or food products from the site of preparation to an off-premises client/consumer.
B. 
The use shall not be one that shall have any on-site dining or banquet facility for consumption of the food prepared.
C. 
The catering operation shall be required to show that delivery, food storage, refrigeration, preparation, cooking, packaging, waste handling, recycling and delivery operations have been designed to meet all regulatory requirements.
D. 
The caterer or catering operation shall provide proof that all required permits and licenses have been obtained and shall further be required to display current licenses at all times.
E. 
The applicant, building or property owner shall show credible evidence that the catering operation will not be adversely impacted by development of any residual building area that will not be occupied by the catering use.
F. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
Within the PC-1 Zone, the establishment of a computer training facility shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
Establishment of computer training facilities shall be permitted, provided the applicant can show that there is adequate parking area to support the anticipated class sizes at a rate of one space per student.
B. 
If the use involves classes back to back, then the parking requirements shall be increased to 75% of the total attendance of the two largest consecutive classes.
C. 
The applicant, building or property owner shall show credible evidence that the operation will not be adversely impacted by development of any residual building area that will not be occupied by the use.
D. 
The applicant shall show that all precautions have been taken to floodproof the facility. Special attention shall be directed to electric services.
Within the PC-1 Zone, the establishment of a medical or dental clinic shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The clinic shall provide office space for a minimum of three professionals as well as appropriate support staff (i.e., nurses, clerks, receptionists, etc.).
B. 
Off-street parking shall be provided in accordance with the general provisions of § 220-32 of this chapter.
C. 
The applicant, building or property owner shall show credible evidence that the operation will not be adversely impacted by development of any residual building area that will not be occupied by the use.
D. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
E. 
The applicant shall provide credible evidence that all hazardous materials related to the clinic are properly and safely stored and handled.
Within the PC-1 Zone, the establishment of a microbrewery shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The applicant shall present a complete narrative describing the proposed facility and all related ancillary uses which it intends to establish on site.
B. 
The applicant's business plan shall address receiving and handling of materials as well as pick-up and distribution plans.
C. 
The microbrewery shall be limited to an annual rate of output not to exceed 4,000 barrels per year. (This limit shall include multiple brews to the point where the total combined production does not exceed 4,000 barrels; for example, five different brews at an annual production rate of 800 barrels equals 4,000 barrels.)
D. 
The applicant shall provide credible evidence that the use will be established in accordance with local, county, state and federal regulations which govern microbreweries, including but not limited to the Pennsylvania Liquor Control Board and the Federal Bureau of Alcohol, Tobacco and Firearms.
E. 
If the applicant's proposal includes historic preservation efforts in relation to restoration of a complete structure that is or could be registered as a Class I or Class II historic resource, additional ancillary uses may be permitted, including the following: retail sales of brewery products and supplies; sale of tourism-related items; and sampling of products in accordance with local, county, state and federal regulations.
F. 
The applicant, building or property owner shall show credible evidence that the operation will not be adversely impacted by development of any residual building area that will not be occupied by the use.
G. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
H. 
The application shall not include the creation of a tavern, restaurant, nightclub or any similar use.
Within the PC-1 Zone, the establishment of a parking garage shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The intention of this provision is to permit the first floor or ground level of existing structures to be converted into parking facilities to support other permitted uses which may be developed on either portions of the ground level or on higher floors. The goal is to design the parking facility so that it would occupy areas which are flood-prone while providing additional opportunity to reuse other portions of the existing structure(s).
B. 
The applicant shall show that the building in question is structurally capable of supporting all anticipated design loads while at the same time resisting currents associated with floodwaters, based on the floodplain report and design criteria.
C. 
The applicant shall provide credible evidence that the other uses proposed to be supported by the parking garage are sufficiently protected from hazards which may be related to the establishment of the parking garage (i.e., carbon monoxide, etc.).
D. 
The applicant shall be permitted a maximum 10% reduction to the required off-street parking requirements of § 220-32 of this chapter for implementing a plan to develop the ground floor of an existing structure in this manner.
Within the PC-1 Zone, the establishment of schools as listed herein shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone. For the general guidelines, the criteria provided in § 220-73 of this Article IV shall prevail. However, since it is the objective to provide for re-use of existing industrial structures, certain modifications to those provisions are necessary. It shall, therefore, be understood that where there is a difference or where the language of § 220-73 disagrees with the following, the following criteria shall prevail:
A. 
The height, area, setback and coverage criteria referred to by § 220-73A shall only apply where feasible, since it is not the intent to force demolition and reconstruction of the existing structures. That being said, the applicant shall show that adequate open space area is either in existence on the premises or within 1,000 feet of the structure(s) to be used.
B. 
§ 220-73C requires the creation of a six-foot-high fence around outdoor play areas. It is the intent that open space associated with the PC-1 Zone shall be open space. Therefore, fencing shall be avoided except where it is necessary to provide for the public safety and welfare of those utilizing and accessing the premises.
C. 
The applicant shall show credible evidence that the use is being proposed in strict conformity with all local, county, state and federal guidelines and that the structure to be occupied has been certified as safe for the proposed type of occupancy.
D. 
The applicant, building or property owner shall show credible evidence that the operation will not be adversely impacted by development of any residual building area that will not be occupied by the use.
E. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
Certain uses would be advantageous to the creation of a walking, biking or ecology trail in the area adjacent to the existing vacant industrial structures. A short list of these uses would include but not be limited to bike rental or repair shop, bike lockers, public restrooms and/or locker rooms, snack/ice cream shop, newsstand, etc. Within the PC-1 Zone, the establishment of trail support facilities shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The facility shall be one that can show a direct relationship and benefit to the community goal of establishing walking, biking and/or ecology/environmental trails along the Chickies Creek watershed.
B. 
The applicant shall present a complete narrative describing the proposed facility and all related ancillary uses which it intends to establish on site or within a particular structure.
C. 
The narrative/business plan shall indicate intended hours of operation, which shall coincide with the hours during which a trail would logically be used. For that purpose, weekend hours will be desired in addition to weekday.
D. 
The applicant, building or property owner shall show credible evidence that the operation will not be adversely impacted by development of any residual building area that will not be occupied by the use.
E. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
Within the PC-1 Zone, the establishment of a veterinary office or animal hospital shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The facility shall be permitted to treat the following on premises: household pets, domestic animals, domestic fowl, small animals, wild animals, wild fowl or game birds as defined by this chapter.
B. 
The facility shall not be permitted to treat the following on premises: farm animals or large animals, as defined, or any other animal, fowl or exotic pet or zoo animal not specifically addressed by this chapter under one of the previously noted definitions.
C. 
The applicant shall submit a narrative/business plan that shall describe the facility as well as the services which it intends to provide.
D. 
The applicant's business plan shall address disposal of animal wastes as well as a method for the disposal of all other waste materials.
E. 
Off-street parking shall be provided in accordance with the general provisions of § 220-32 of this chapter.
F. 
The applicant shall show credible evidence that the operation will not create an adverse impact on other uses within the same building or which will affect the use of other adjacent buildings (i.e., noise, odor, etc.).
G. 
The applicant, building or property owners shall show credible evidence that the operation will not be adversely impacted by development of any residential building area that will not be occupied by the use.
H. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
I. 
The applicant shall provide credible evidence that all hazardous materials related to the treatment of animals are properly and safely stored and handled.
J. 
Housing of animals being treated may be permitted, provided that the accommodations are totally within the structure or within a walled courtyard area. Such courtyard area shall be constructed so that animals cannot be viewed from the outside.
K. 
In addition to services generally associated with a veterinary's office or animal hospital, the use may include educational programs and classes related to animals (i.e., pet selection seminars, obedience classes, pet fitness, grooming, etc.).
Within the PC-1 Zone, the establishment of a warehouse facility shall be permitted by special exception, within a structure which existed at the time of the creation of the PC-1 Zone, subject to the following criteria:
A. 
The applicant shall provide credible evidence, including a site plan and other exhibits and testimony, which shall show that loading/unloading standards provided within § 220-33 of this chapter have been met.
B. 
The applicant shall provide a listing of materials that are intended to be stored within the structure.
C. 
The storage of hazardous materials shall only be approved in compliance with regulations promulgated by local, county, state and/or federal laws, including but not limited to the BOCA Fire Prevention Code/1996 (see Chapter 100), Right-to-Know, OSHA, etc.
D. 
The applicant, building or property owner shall show credible evidence that the operation will not be adversely impacted by development of any residual building area that will not be occupied by the use.
E. 
The applicant shall show that all precautions have been taken to floodproof or elevate the proposed use, based on floodplain criteria.
F. 
The applicant shall show credible evidence that the operation will not create an adverse impact on other uses within the same building or which will affect the use of other adjacent buildings (i.e., noise, odor, dust, smoke, fire, glare, etc.).
Certain agribusinesses may be appropriate within the PC-1 Zone, provided the use is properly designed and established. In general, the uses approved shall be those that would create a minimum disturbance or effect on a residential community (i.e., uses which do not create noise, odor, dust, smoke, fire, glare, etc.) and which would best share infrastructure with tractor-trailers, cars, bicycles and pedestrians. The following agribusinesses shall be permitted by conditional use, subject to the following criteria:
A. 
Facilities for the repair and servicing of agricultural equipment and vehicles, including the direct sale of parts and supplies as an ancillary use.
(1) 
The applicant shall submit a narrative/business plan which shall address all aspects of the proposed use, including but not limited to business hours, services to be provided, type of equipment and vehicles to be serviced and site design information which shall clearly show off-street parking, driveways and locations of garage doors, etc.
(2) 
All repairs and service operations shall take place in a completely enclosed building.
(3) 
There shall be no prolonged exterior storage of any equipment and/or vehicles which are waiting for repairs or service. In addition, such storage shall only be permitted on a portion of the premises which has been screened in accordance with provisions of § 220-21K.
(4) 
Off-street parking shall be provided in accordance with the general provisions of § 220-32 of this chapter.
(5) 
The business plan shall address methods for disposal of all materials and products which may be associated with the use (i.e., removed parts, tires, used liquids, oils, transmission fluids, etc.).
(6) 
The applicant shall show credible evidence that the use is being proposed in strict conformity with all local, county, state and federal guidelines.
B. 
Facilities for the repair and servicing of carriages, buggies and other horse-drawn rigs, including blacksmith, farrier and harness shops.
(1) 
The applicant shall submit a narrative/business plan which shall address all aspects of the proposed use, including but not limited to business hours, services to be provided, and site design information which shall clearly show off-street parking, driveways and locations of garage doors, etc.
(2) 
All repairs and service operations shall take place in a completely enclosed building.
(3) 
There shall be no prolonged exterior storage of any carriages or buggies which are waiting for repairs or service. In addition, such storage shall only be permitted on a portion of the premises which has been screened in accordance with the provisions of § 220-21K.
(4) 
Off-street parking shall be provided in accordance with the general provisions of § 220-32 of this chapter. In addition, the applicant's site plan shall provide a clear indication of areas which will be accessible for horses and horse-drawn carriages. Such facilities shall include hitching posts and other necessary facilities.
(5) 
The business plan shall address methods for disposal of all materials and products which may be associated with the use (i.e., removed parts, tires, wheels, used fluids, manure, etc.).
(6) 
The applicant shall show credible evidence that the use is being proposed in strict conformity with all local, county, state and federal guidelines.
C. 
Processing and canning operations dealing with locally grown crops.
(1) 
The applicant shall submit a narrative/business plan which shall address all aspects of the proposed use, including but not limited to business hours, type of products to be processed or canned, crops associated with the processing or canning operation and truck receiving and shipping/distribution trip counts.
(2) 
The applicant's business plan shall be accompanied by a site plan which shall clearly show off-street parking, driveways, loading/unloading areas, waste and recycling facilities, and all other improvements, as well as all open space/landscape areas.
(3) 
Off-street parking shall be provided in accordance with the general provisions of § 220-32 of this chapter.
(4) 
The business plan shall address methods for disposal of all materials and products which may be associated with the use.
(5) 
The applicant shall show credible evidence that the use is being proposed in strict conformity with all local, county, state and federal guidelines.
D. 
Grain mills dealing with processing of local crops for the manufacturing of flour, feed and products.
(1) 
The applicant shall submit a narrative/business plan which shall address all aspects of the proposed use, including but not limited to business hours, type of products to be manufactured, crops associated with the processing or milling operation, and truck receiving and shipping/distribution trip counts.
(2) 
The applicant's business plan shall be accompanied by a site plan which shall clearly show off-street parking, driveways, loading/unloading areas, waste and recycling facilities, and all other improvements, as well as all open space/landscape areas.
(3) 
Off-street parking shall be provided in accordance with the general provisions of § 220-32 of this chapter.
(4) 
The business plan shall address methods for disposal of all materials and products which may be associated with the use.
(5) 
The applicant shall show credible evidence that the use is being proposed in strict conformity with all local, county, state and federal guidelines.
(6) 
The applicant shall submit detailed elevations showing the anticipated height of any and all conveyance systems, chutes and catwalks. The maximum height of these structures shall not be higher than 15 feet above the structure(s) to which they are attached.
Within the Planned Industrial/Corporate Center (PC-1) Zone, the establishment of a community rehabilitation facility or group care and treatment center shall be permitted by conditional use, subject to the following criteria:
A. 
The maximum number of clients to be served at the facility shall be 10.
B. 
The applicant shall provide a detailed description of the proposed use, including but not limited to number of clients to be served at the facility, the nature of clients to be served, the type of treatment and care to be provided, hours of operation, number of employees and residents, licensing requirements, proposed plan of operation, security measures and supervision for the safety of residents and the community.
C. 
The applicant shall provide evidence that the facility is sponsored and operated by an agency or entity that is licensed, registered or certified by an applicable county, state or federal agency and that the facility is licensed and/or approved by an applicable county, state or federal agency and, if applicable, the agency or entity holds a valid contract with such applicable county, state or federal agency.
D. 
The facility shall have twenty-four-hour on-site supervision by professionals trained to supervise the types of clients to be served by the facility.
E. 
All structures shall be located at least 600 feet from the property line of any property containing a residence, school, day-care facility, camp, church, community center, playing fields, playground, library or hospital or other community rehabilitation facility or group care and treatment center, as applicable.
F. 
The applicant shall show credible evidence that the use being proposed is in strict conformity with all local, county, state and federal guidelines and regulations.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BEDROOM
A private room or space designed to be used for sleeping purposes with two means of egress, one of which must be a window meeting the minimum standards for emergency egress per the current building code. The room must include a closet. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal use such as a living room, den, sitting room, family room or similar space is not to be considered a bedroom. No bedroom shall contain appliances such a coffee maker, microwave, refrigerator, hot plate or similar cooking aid.
DISRUPTIVE CONDUCT
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
DWELLING UNIT
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
GUEST
A visitor to the limited lodging rental unit, but not constituting an occupant.
LIMITED LODGING DWELLING UNIT
A dwelling unit where the space is available for rent year-round, and where the provision of lodging to any particular occupant is limited to a stay of less than 15 consecutive days.
LIMITED LODGING RENTAL OCCUPANCY PERMIT
A document issued by the Zoning Officer to the owner of a limited lodging rental unit pursuant to this section.
LIMITED LODGING RENTAL UNIT
A limited lodging dwelling unit or a limited lodging rooming unit.
LIMITED LODGING ROOMING UNIT
A rooming unit where the space is available for rent year-round, and where the provision of lodging to any particular occupant is limited to a stay of less than 15 consecutive days.
LIMITED LODGING STAY
Less than 15 days of continued occupancy by occupants in a limited lodging rental unit.
MANAGER
A person retained by an owner to be responsible for one or more limited lodging rental units within the Borough.
OCCUPANT
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
OWNER
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
PREMISES
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
RESIDENTIAL RENTAL UNIT
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
ROOMING UNIT
As defined in Chapter 166, Rental Property, in the Code of Ordinances.
B. 
Permit required.
(1) 
No owner of any property in the Borough shall operate a limited lodging rental unit in the Borough without first obtaining a limited lodging occupancy permit from the Borough. Operation of any type of limited lodging rental unit without a permit is a violation of this section. A cease and desist order will become effective immediately.
(2) 
A limited lodging rental occupancy permit shall only be issued to the owner of the limited lodging rental unit property. Occupants of a residential rental unit are not permitted to sublet a rooming unit or a dwelling unit as a limited lodging rental unit.
(3) 
The current annual permit or a copy of the current permit shall be posted on-site.
(4) 
A separate limited lodging rental occupancy permit is required for each dwelling unit and shall be renewed and issued annually on a calendar year basis.
(5) 
A limited lodging rental occupancy permit is effective for a period of one annual term, or until any of the conditions of the limited lodging rental unit which are governed by this chapter are changed, whichever shall occur first.
(6) 
Permits are not transferable. If ownership of the limited lodging rental unit changes, the new owner(s) must complete a new permit application form before renting out any part of the dwelling unit and have an inspection conducted by the Codes Official. The fee, which shall be established by Borough Council by resolution from time to time, for permitting and inspection shall be submitted with the application.
C. 
Permit application requirements. Limited lodging rental unit applications shall be provided by the Borough. Applications shall contain all of the following information. Failure to provide such information shall be a violation of this section and a cease and desist order shall be issued and applications shall be returned until all required information is provided.
(1) 
The name, address, email and twenty-four-hour telephone number of the property owner.
(2) 
The name, address, email and twenty-four-hour telephone number of the manager if different from the owner. The manager shall have written authorization to accept service, and a copy of that agreement shall be provided with the application.
(3) 
Written approval from the Manheim Area Water and Sewer Authority that confirms notification and compliance with any related water and sewer regulated requirements.
(4) 
Attached copies of the Lancaster County hotel room excise tax certificate and current Pennsylvania sales and use tax permit.
(5) 
Signatures of the owner and manager.
(6) 
A trespass waiver signed by the owner allowing access to the property for the enforcement officer for the purpose of inspection to verify compliance with this chapter.
(7) 
Copy of the current recorded deed for the property establishing ownership.
(8) 
Copy of property/liability insurance for the property in the minimum amount of $1,000,000.
D. 
Standards and guidelines.
(1) 
Limited lodging rental units shall be permitted in any single-family attached or detached dwelling located in all zoning districts within the Borough where residential uses are permitted, and within the CBD Zone.
(2) 
Limited lodging rental units are not permitted in any accessory structure or as part of a multi-family apartment building, except within the CBD Zone.
(3) 
Limited lodging rental units shall be inspected annually and shall include the entire property and premises. Inspections will be based upon the International Property Maintenance Code, any related state, federal or local codes and/or ordinances.
(4) 
A manager must reside or have an office within 15 miles of the property and be able to act as the legal agent for the owner. The Borough must be notified in writing within 14 days if there is a change in the identity of the manager.
(5) 
The owner or manager shall respond to the Zoning Officer, emergency personnel, or police communication within one hour after being notified of the existence of a violation of this chapter, emergency or any disturbance requiring immediate remedy or abatement. If the manager is not the owner, he/she shall immediately advise the owner of any notification of a violation and may be held liable for failure to do so in a timely manner.
(6) 
In limited lodging rooming units, the dwelling unit shall remain as a household living unit with housekeeping facilities in common but not to allow for occupancy by more than three persons (including the owner and occupants) who are unrelated by blood, marriage, adoption or foster-child status.
(7) 
No meals may be provided or served on-site by the owner to the occupants as a service or included as part of the lodging agreement. Occupants, depending upon their agreement, may have use of the kitchen and appliances during their limited lodging stay.
(8) 
Limited lodging rooming unit owners shall prove residency if requested to do so by the Zoning Officer. Failure to do so will result in a revocation of the issued permit and all current and/or future occupancy shall cease and desist.
(9) 
Occupancy limitations shall be posted and is based on the size of bedroom and living room size(s) per the International Property Maintenance Code ("IPMC") and determined by the Zoning Officer at the time of the initial inspection. An inspection of the entire property shall be conducted prior to the issuance of the initial and annual limited lodging rental occupancy permit. A bedroom shall contain a minimum of 70 square feet of habitable floor area for one person; for each additional person(s) permitted to stay in the room an additional 50 square feet of habitable floor area shall be added. For example, if the bedroom is 100 square feet; only one occupant is permitted. A 160-square-foot bedroom is limited to a two-person occupancy. Living rooms must be a minimum of 120 square feet.
(10) 
A limited lodging rooming unit must be accessory and secondary to the use of a dwelling unit for residential household living purposes. Adequate space based on the IPMC shall be available for both the occupants and owner.
(11) 
A limited lodging rooming unit shall not have any outside appearance indicating a change of use from the surrounding residential uses; no sign or private entrance shall be provided for the sole use of the occupants.
(12) 
No new additions or related area improvements shall be implemented to any dwelling to accommodate an increased occupancy to an existing limited lodging rooming unit property.
(13) 
Overnight occupancy or hookup of recreational vehicles, campers, trailers and tents placed on the premises or on public property where a limited lodging rental unit is located is prohibited. Outdoor sleeping of occupants or guests of the limited lodging rental unit is prohibited.
(14) 
The limited lodging rental unit shall not adversely affect the residential character of the neighborhood. Occupants may not generate noise, vibration, glare, odors or other effects that unreasonably interfere with any person's enjoyment of his/her residences. Occupants may not engage in, nor tolerate, nor permit any other person, including but not limited to each guest on the premises and within his/her limited lodging rental unit with his/her consent, to cause damage to the limited lodging rental unit or engage in disruptive conduct, or other violation of this section, any code, any Borough ordinance, or any applicable federal, state and/or local law or regulation. With the issuance of three written police warnings and/or reports within a year, a cease and desist order shall be issued by the Zoning Officer to the owner or manager of the limited lodging dwelling unit and the limited lodging rental occupancy permit shall be revoked for 365 days from the date of the last written police warning or report.
(15) 
All owners shall be responsible for compliance with the requirements of Chapter 184, Solid Waste, of the Code of Ordinances.
(16) 
All occupants shall be responsible for compliance with the requirements of Chapter 145, Noise, of the Code of Ordinances.
(17) 
A list of legibly written house rules, relevant contact information, including the property owner and/or manager and all local emergency numbers, shall be posted in all limited lodging rental units at a clearly visible location.
(18) 
Parking.
(a) 
No parking of vehicles is permitted in any grass/lawn areas by the owner, occupants or guests.
(b) 
A maximum of one vehicle shall transport occupants to a limited lodging rooming unit property. A minimum of one improved (macadam/paver/concrete) off-street parking space must be provided in addition to the zoning requirements of two off-street spaces per dwelling unit. All newly created off-street space(s) shall meet current zoning regulations, stormwater management provisions and lot coverage. Approval shall be granted by the Zoning Officer through the zoning permit process prior to implementing a limited lodging rental unit.
(c) 
A maximum of two vehicles shall transport occupants to a limited lodging dwelling unit property. A minimum of two improved (macadam/pavers/concrete) off-street parking spaces must be provided for each limited lodging dwelling unit. All newly created off-street spaces shall meet current zoning regulations, stormwater management provisions and lot coverage. Approval shall be granted by the Zoning Officer through the zoning permit process prior to implementing a limited lodging rental unit.
(d) 
Any limited lodging rental unit contract or advertisement must specify that there is a motor vehicle limit of one for limited lodging rooming units and two for limited lodging dwelling units, and a maximum number of permitted occupants.
(19) 
A limited lodging rental unit may only be rented to a person at least 21 years of age.
(20) 
Limited lodging rental unit owners shall keep a record of occupant names, addresses, phone numbers and dates of occupancy on a monthly basis. This information shall be made available upon request to the Codes Official or any police officer.
(21) 
A limited lodging stay may be extended past 15 days at the discretion of Borough staff.
Within the CBD Zone, the installation of a landscape feature within the front yard shall be permitted by special exception, subject to the following criteria:
A. 
Any promotional or business identification signage on the feature will be included in the allowable sign size for the property.
B. 
A zoning permit application shall be submitted along with a sketch/plot plan of the property, including dimensions of and the location of the feature setback to property lines and right-of-way.
C. 
No feature shall block any sidewalk right-of-way and must allow for a thirty-six-inch clear path of egress.
D. 
No feature shall block any entrance/exit to any building.
E. 
A document shall be provided by the property owner that releases the Borough from any liability related to the proposed feature.
F. 
No feature shall exhibit material of a vulgar, pornographic or offensive nature, or negatively impact the public health, safety and welfare.