Manchester Township York County
City Zoning Code
City Zoning Code
PART 11
SUPPLEMENTAL REGULATIONS
§ 27-1101 Performance Standards for All Uses.
[Ord. 1996-1, 1/23/1996, § 1100]
1.
All uses shall be subject to and comply with the following regulations, where applicable.
A.
Noise Pollution and Vibration. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
B.
Air Pollution. Airborne Emissions and Odor. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
C.
Water Pollution. The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. 691.1 as amended.
D.
Mine Reclamation and Open Pit Setback. Pennsylvania Act 147, the "Surface Mining Conservation and Reclamation Act" of 1971.
E.
Glare and Heat. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
F.
Outside Industrial Storage. No outside industrial storage including junk yards shall be located on land with a slope in excess of 5% of within 100 feet of a public right-of-way.
G.
No use or operations shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause.
H.
Outdoor Lighting. All outdoor lighting shall be so arranged and shielded so that no unreasonable glare or illumination is cast upon adjoining residential uses in any district or upon any public street.
I.
Subdivision and land developments shall be reviewed in accordance with the requirements of the Subdivision and Land Development Ordinance [Chapter 22].
J.
Act 101, Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L., No. 101 (Act 101), as amended.
K.
Act 537, Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535, No. 537 (as amended).
§ 27-1102 Accessory Structures.
[Ord. 1996-1, 1/23/1996, § 1101; as amended by Ord. 2003-10, 5/13/2003, § 2; by Ord. 2005-12, 12/13/2005, § 1, Parts 16 and 17; and by Ord. 2010-11, 10/12/2010, § 3]
1.
An accessory structure or utility shed shall not be built within any front yard unless authorized as a special exception by the Zoning Hearing Board.
2.
An accessory structure may be built in a side yard or rear yard, provided that such accessory structure shall be located not less than 10 feet from all lot lines in all districts. The setback of an accessory structure may be reduced by special exception granted by the Zoning Hearing Board.
3.
A utility shed is a type of accessory structure that has a maximum floor area of 144 square feet and a maximum height of eight feet. A maximum of one utility shed may have a reduced minimum side or rear setback of three feet from a lot line, other than a street right-of-way. Any other utility shed shall meet the setback requirements of Subsection 2 above.
4.
A maximum of two accessory buildings or utility sheds or combination thereof shall be allowed on a lot on which the principal building is a dwelling. Any additional numbers of accessory buildings shall require special exception approval from the Zoning Hearing Board. See height requirements in § 27-1106, Subsection 2.
5.
No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than three feet in a front yard area and more than six feet in any other yard area unless authorized by special exception. Setback requirements shall not apply to fences so that fences shall be permitted to be constructed up to the property line. All other regulations regarding easements, rights-of-way, height and clear sight triangles shall also apply. A fence may only be placed within a stormwater easement only if special exception approval is granted. To obtain such approval, the applicant shall show that the proposed fence would not adversely affect stormwater flows.
6.
Attached Structures. A permanent-roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
7.
Detached Structures. Any utility shed or accessory structure shall be located at least five feet from the principal structure.
§ 27-1103 Animals and Animal Structure, Noncommercial.
[Ord. 1996-1, 1/23/1996, § 1102; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 18]
1.
The keeping of horses for private use and enjoyment shall be permitted in the A-Agricultural District and RL-Low Density Residential District subject to the following provisions:
A.
That at least five acres be provided for the first horse and an additional two acres for each additional horse on the premises.
B.
That the building housing the horse(s) is not less than 200 feet from any residential structure other than that of the owner of the property.
C.
That no business use of such horse(s) shall be allowed (i.e., riding stable, grooming school, boarding of horses for payment, etc.).
§ 27-1104 Area and Bulk Regulations.
[Ord. 1996-1, 1/23/1996, § 1103]
1.
Notwithstanding the lot area and width requirements contained in this chapter for the districts specified, the following shall apply:
A.
Lot areas shall be increased to be a size as deemed necessary by reason of poor soil conditions determined by percolation tests, in areas with slopes steeper than 20% grade, or in drainage ways.
B.
The area, width and depth of lots shall provide adequate open space for off-street loading, unloading and/or parking area or yards. In all cases where public sewers are not available, or not in operation, the lot areas shall be of sufficient size to provide open areas, exclusive of parking areas, or other paved areas, for a septic tank and the necessary drain tile of a size and length and in the manner specified by the Township Supervisors or state law.
§ 27-1105 Buffer Yards and Screen Planting.
[Ord. 1996-1, 1/23/1996, § 1104]
1.
Where buffer yards are required by the terms of this chapter, they shall be provided in accordance with the following standards:
A.
In all buffer yards, the exterior 50 feet width shall be planted with grass seed, sod, ground cover or screen planting. Buffer yards shall be maintained and kept free of any debris and rubbish.
B.
An access drive may cross the buffer yard, and the parking of automobiles may be permitted in the portion of the buffer yard exclusive of the exterior 80 feet of the yard by special exception.
C.
When required by the Planning Commission in a buffer yard, a dense screen planting shall be provided. The screen planting shall consist of trees, shrubs and other plant materials arranged in a manner to serve as a barrier to visibility, air borne particle, glare and noise. The screen planting shall be in accordance with the following requirements:
(1)
Plant materials used in the screen planting shall be of such species and size as will produce, within three years, a complete visual screen year round at least eight feet in height.
(2)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that at maturity it will not be closer than five feet from any street or property line.
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(5)
The screen planting may be broken at points of vehicular or pedestrian access and at other points where a barrier is not necessary, provided that:
(a)
No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located to be visible from an adjacent residential zone.
D.
Prior to the issuance of a building permit, complete plans showing the arrangement of all buffer yards and the placement, species and size of all plant materials to be placed in such buffer yards shall be found by the Planning Commission to be in conformance with the terms of this chapter.
E.
The Zoning Hearing Board may educe and/or waive the requirements for a buffer yard upon approval of a variance from the terms of this chapter.
F.
Where required, buffer yards shall be adjacent to any property line(s) followed by the required setback.
§ 27-1106 Building Height Adjustments.
[Ord. 1996-1, 1/23/1996, § 1105]
1.
Height regulations shall not apply to any of the following provided the use is not for human occupancy; and provided that the height of the free standing structure is equal to or less than the structure's setback from the property lines; agricultural buildings, spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos and ornamental or necessary mechanical appurtenances including radio and television antennae.
2.
For all residential uses, accessory structures shall not exceed 18 feet in height.
§ 27-1107 Drainage Regulations.
[Ord. 1996-1, 1/23/1996, § 1106]
1.
Adequate Drainage Required. No principal building may be erected, structurally altered, or relocated on land:
A.
Which is not adequately drained at all times.
B.
Which is subject to periodic flooding.
2.
Building Restricted Adjacent to Drainage Channels and Watercourses. Except for a boathouse, no building may be erected, structurally altered or relocated:
A.
Within 30 feet of the natural or constructed edge of a stream or open drainage way, provided, that the Board may increase this dimension in areas subject to seasonal flooding and a high water table, or where the natural flow of water may damage public or private property adjacent to a stream or drainage way.
B.
In such cases, the lowest floor designed and use for human habitation shall be an adequate height above the drainage channel to afford protection from surface and ground water during periods of seasonal flooding or high water.
3.
Drainage Upon Adjoining Properties; Slopes. In order to protect adjoining property owners and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land may be made which would:
A.
Result in a slope of more than 70% within 20 feet of a property line.
B.
Alter the existing drainage or topography in any way so as to adversely affect adjoining properties. In no case may any slope exceed the normal angle of slippage of the material involved. All slopes must be protected against erosion.
C.
Discharge of roof drains, down spouts and sump pumps shall not occur within five feet of the property line.
4.
Obstructions. The following shall not be placed, or caused to be placed, in a stream channel or open drainageway; fences except two-wire fences, other structures or other matter which may impede, retard, or change the direction of the flow of water in such stream, or open drainage way, or that will catch or collect debris carried by such water or that is placed where the natural flow of the stream would carry the same downstream to the damage or detriment of either public or private property adjacent to said stream or open drainage way.
5.
Structure Effect. Any structure permitted shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of water.
6.
Structure Anchoring. Any structure permitted shall be firmly anchored to prevent this structure from floating away and thus threaten life or property downstream or to further restrict bridge openings and other restricted sections of the stream or drainage way.
7.
Private Sewage Disposal Systems. Private sewage disposal systems shall not be constructed within a stream or drainage way but shall be constructed in accordance with the procedures and standards established by existing ordinances, laws and regulations.
8.
Municipal Liability. The granting of any permit in any floodway district shall not constitute a representation, guarantee, or warranty of any kind or nature by the Township, or by an official or employee thereof of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.
9.
Installation of Fill Materials. Fill may be placed at and within the outer line of a modified stream or drainage way when approved as a special exception by the Zoning Hearing Board and subject to the following conditions:
A.
Satisfactory evidence shall be submitted to the Board indicating that the cross-sectioned area of the modified stream or drainage way will not be significantly reduced.
B.
Satisfactory evidence shall be submitted to the Board indicating that there will be no adverse flooding conditions created by the proposed fill.
C.
Permission has been obtained for the proposed fill from the appropriate state agency.
10.
State Regulations. All regulations of the Commonwealth of Pennsylvania governing stream encroachments, shall remain in full force and effect. In case of inconsistency with regulations of this chapter, the more restrictive provisions shall govern.
§ 27-1108 Habitable Floor Area.
[Ord. 1996-1, 1/23/1996, § 1107]
The minimum habitable floor area of a dwelling unit or any building or structure hereafter erected or used for living purposes, shall be 700 square feet. In case of apartment houses, conversion apartment, and mobile homes the minimum habitable floor area shall be not less than 400 square feet, except those apartments designed for, and occupied exclusively for, one person which apartment shall contain not less than 300 square feet of habitable floor area.
§ 27-1109 Prohibited Uses.
[Ord. 1996-1, 1/23/1996, § 1108]
1.
The primary living and sleeping quarters of dwelling units shall not be permitted in cellars.
2.
The following uses are prohibited in all districts within Manchester Township:
A.
The incineration (not included individual home incinerators), reduction or storage of garbage, offal, animals, fish or refuse, unless by the authority of or under the supervision of Manchester Township.
B.
Dumps and dumping of any kind, other than a solid waste landfill and composting, unless by the authority of or under the supervision of Manchester Township.
§ 27-1110 Swimming Pools.
[Ord. 1996-1, 1/23/1996, § 1109]
1.
Every outdoor swimming pool must conform to all applicable requirements of state law and shall be subject to the following regulations:
A.
Completely surrounded by a fence or wall of not less than four feet in height, which shall be so constructed as not to have any openings, holes, or gaps larger than two inches for chain link or horizontal slats nor more than four inches for vertical pickets in a picket fence. This requirements shall not apply to above-ground pools having a wall measuring four or more feet plus in height and having a retractable, or removable ladder or hot tubs/spas that are kept covered when not in use.
B.
All gates or doors opening through such enclosure shall be equipped with a self-closing, self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
C.
No swimming pool shall be constructed in the front yard.
D.
Swimming pool set back shall be 10 feet from property line to water surface and five feet from impervious surface to property line.
§ 27-1111 Unenclosed Storage.
[Ord. 1996-1, 1/23/1996, § 1110]
1.
Recreational Vehicles, Trailers and Boats. Recreational vehicles, utility trailers, and boats (including boat trailers) may be parked or stored in any zoning district subject to the following regulations:
A.
Parking or storage is permitted at any time inside an enclosed structure, which structure conforms to the zoning requirements of the particular district.
B.
Outside parking or storage shall be permitted only side or rear yards, or partially in both, so long as the unit is not located nearer than three feet to any lot line.
C.
A unit may be parked anywhere on the lot during active loading, unloading or servicing of the unit for a period of time not in excess of 36 hours.
D.
No unit shall be parked or stored on any lot unless the same shall be owned or leased by the owner or occupant of such lot, except that a visitor of the owner or occupant of a lot may park or store a unit thereon for a period not exceeding 14 days in any one calendar year.
2.
Residential, O-Office and C-Commercial Districts. In Residential, O-Office and C-Commercial Districts, no outdoor stockpiling of any materials or outdoor storage of trash is permitted in front yards.
3.
I-Industrial District. In I-Industrial Districts, outdoor storage or materials over four feet in height must be set back a minimum of 100 feet from a public right-of-way.
4.
Inoperable and Junked Motor Vehicles.
A.
No inoperable or junked motor vehicle shall be parked, stored, placed, or allowed to remain on any lot within any zoning district for a period of time in excess of 30 days.
B.
Nothing contained in Subsection 4A shall be deemed to prohibit the parking, storage or placement of an inoperable or junked motor vehicle within a completely enclosed building or structure, or within a validly licensed and permitted junkyard.
§ 27-1112 Uses Not Provided for.
[Ord. 1996-1, 1/23/1996, § 1111]
In any district established by this chapter, when a specific use is neither permitted nor denied, the Zoning Hearing Board shall make a determination as to the similarity or compatibility of the use in question to the permitted uses in the district. No permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made.
§ 27-1113 Uses with Nuisance Effect.
[Ord. 1996-1, 1/23/1996, § 1112]
1.
In no case is a use permitted which by reasons of noise, dust, odor, appearance or other objectionable factor creates a nuisance, hazard or other substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property. Every reasonable effort must be made to prevent this effect through:
A.
Control of lighting.
B.
Design and maintenance of structures.
C.
Use of planting screens or attractive fences.
D.
Placement of structures on the site.
E.
Appropriate control of use.
F.
Prompt removal of trash or junk.
G.
Control of hours of operation (7:00 a.m.-9:00 p.m. construction activity only).
§ 27-1114 Waste and Sewage Disposal.
[Ord. 1996-1, 1/23/1996, § 1113]
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the Department of Environmental Protection shall be prerequisite to the issuance of a building permit.
§ 27-1115 Yard Adjustment Regulations.
[Ord. 1996-1, 1/23/1996, § 1114; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 19]
1.
Yards shall be provided in accordance with the provisions of this chapter and shall be planted with grass, seed, sod, ground cover or other vegetative cover excepting in cases where walks, access drives, off-street parking lots, patios and other types of surfaces are permitted by this chapter. All yards shall be maintained and kept free of all debris and rubbish.
A.
Front Yards.
(1)
Adjustments to Setbacks in Front Yards: When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this chapter, the setback in the front yard of such unimproved lot may be the same depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
(2)
Where an unimproved lot adjoins only one improved lot having thereon a principal building, within 25 feet of the common side lot line, which extends into the required front yard of such improved lot and which extension existed at the effective date of this chapter, the setback in the front yard of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such improved lot is located, notwithstanding the yard requirements for such district.
B.
Side Yards. Side yards for corner lots: On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
C.
Interior Yards. Open space between principal buildings of a dwelling group on a lot in single ownership shall be provided as follows:
(1)
When parallel or obliquely aligned, buildings shall have 50 feet between front or rear faces for one story in height, plus five feet for each additional story.
(2)
Between end walls of buildings, a yard space of 25 feet for each one story building plus five feet for each additional story shall be required.
(3)
Between end walls and front or rear faces of buildings 30 feet for one story, plus five feet for each additional story shall be required.
(4)
When two adjacent buildings differ in the number of stories, the spacing shall be not less than 1/2 of the sum of the required distance between two buildings of lower height, plus that between two buildings of the greater height.
(5)
The minimum distance separating multiple family buildings from nonresidential uses shall be not less than 75 feet between buildings.
D.
Projection in Yards.
(1)
Cornices, eaves, gutters, bay windows or chimneys, may project into the front or rear yard of a lot, not more than 24 inches.
(2)
Any elevated deck or covered porch, whether enclosed or unenclosed, shall be considered part of the principal building and shall not project into any yard, except as follows:
(a)
A deck may extend a maximum of one-half the distance of required rear and side setbacks, provided the portion of the deck that intrudes into the setback meets all of the following standards: 1) it is not covered, 2) it is not enclosed and 3) it does not have any portion that is elevated more than 30 inches above the underlying ground level. The deck may be covered by a retractable awning.
(b)
A covered or uncovered porch may extend a maximum of five feet into a required front setback, provided the porch is not enclosed.
(3)
Patios, driveways, walks, parking areas, stairs and window wells and such other structures customarily incidental to the main building may project into the front, side or rear yards of a lot providing the grade elevation shall be not more than 12 inches above the yard grade.
(4)
Covered and unenclosed stoops may project into the front setback not more than 48 inches (maximum of four-foot by six-foot).
E.
Obstructions to Vision; Sight Distance.
(1)
No walk, fence, sign or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained or permitted which may cause danger to traffic or a street or public road by obscuring the view.
(2)
Proper sight lines must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle with sides as follows:
Street | Clear Sight Triangle Side | |
|---|---|---|
Major and minor arterials | 150 feet | |
Minor Streets (collectors, local) | 75 feet | |
Access drives | 25 feet by street classification |
(3)
No building or construction is permitted in this area except as follows:
(a)
Obstructions or plantings less than three feet in height, above the level of the present roadway.
(b)
If not obstructing the view of traffic, post columns and trees not exceeding one foot in diameter.
§ 27-1116 Composting.
[Ord. 1996-1, 1/23/1996, § 1115]
1.
Composting by residents will be allowed in residential zones provided the following standards are met:
A.
Composting will not be allowed in the front yard.
B.
Composting must be no less than 10 feet from rear/side property lines.
C.
Composting cannot be nuisance to neighbors that causes odors, attracts rodents, etc.
D.
Compost material cannot be produced and sold for commercial purposes.
§ 27-1117 Agriculture and Animal Husbandry.
[Ord. 1996-1, 1/23/1996, § 1116; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 20]
1.
Agriculture and animal husbandry are permitted uses in the A-Agricultural District.
2.
The following restrictions shall apply in the A-Agricultural District unless otherwise stated:
A.
No farm building or any other outbuilding shall be constructed closer than 50 feet to any property line.
B.
All grazing or pasture areas shall be fenced to prevent livestock from roaming.
C.
The construction or operation of a building for the cultivation of mushrooms shall be prohibited within the Residential Districts, C-Commercial District or I-Industrial District.
D.
Any animal slaughter area shall be set back a minimum of 150 feet from any lot line.
E.
All manure management practices and operations shall comply with the guidelines outlined in the Pennsylvania Department of Environmental Protection, Bureau of Water Quality Management Publication No. 43 titled "Manure Management for Environmental Protection," or as amended.
F.
The minimum lot area for animal husbandry shall be five acres, except as follows:
(1)
A minimum lot area of 10 acres shall apply if the use will involve more than two but less than five animal equivalent units.
(2)
A minimum lot area of 25 acres and a minimum lot width of 400 feet shall apply if the use will involve five or more animal equivalent units.
G.
Animal equivalent units shall be determined as defined by State Nutrient Management Regulations, except that only contiguous acreage that is owned or leased by the operator shall be considered for the purposes of this chapter. The animal equivalent units may be based upon the average among contiguous lots that are owned or leased by the operator of the use.
H.
For manure storage facilities that are required to meet setbacks under the State Nutrient Management Regulations, the setbacks in such regulations shall apply. For manure storage facilities that are not required to meet setbacks by such state regulations, then manure storage facilities shall not be located within the following areas:
(1)
Within 100 feet of a perennial stream, river, spring, lake, pond or reservoir.
(2)
Within 100 feet of a private water well or open sinkhole.
(3)
Within 100 feet of an active public drinking well or an active intake for a public water supply.
(4)
Within 200 feet of a property-line.
(5)
A "manure storage facility" shall be defined as a structure or facility, or portion thereof, utilized to contain manure. This includes, but is not limited to: liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under a building, permanent stacking and composting facilities, and manure treatment facilities.
I.
Any building used for the housing of livestock or poultry as part of an animal husbandry use shall be located the following minimum distances from the following features, whichever is most restrictive:
(1)
Two hundred feet from any dwelling that existed prior to the adoption of this chapter that is on another lot.
(2)
Two hundred feet from any lot within a residential district, except this distance shall be increased to 400 for a livestock or poultry use that will involve an average of more than five animal equivalent units per acre.
(3)
Fifty feet from all other exterior lot lines.
(4)
As a special exception use, the Zoning bearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative or where the owner of the adjacent lot agrees in writing to waive their right and the right of their successors to the larger setback.
J.
For an animal husbandry use, solid and liquid wastes will be disposed of in a manner that mitigates unnecessary insect, odor and rodent nuisances. A written odor control plan shall be submitted and shall be complied with if approved.
K.
Any area or structure used for mushroom culture shall be set back a minimum of 400 feet from any residential district and 300 feet from any other lot line.
3.
Animal husbandry is prohibited in residential districts.
4.
Assistance animals (sometimes referred to as "emotional support animals," as defined and clarified in the Federal Housing Act[1]) that are duly certified and registered with Manchester Township shall be permitted within the residential districts or for any property used for residential purposes.
[Added by Ord. No. 2020-04, 4/14/2020]
[1]
Editor's Note: See 12 U.S.C. § 1701 et seq.
§ 27-1118 Pets and Exotic Wildlife.
[Ord. 1996-1, 1/23/1996, § 1117; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 21]
1.
The keeping of exotic wildlife in the Township shall be permitted only in the A-Agricultural District. The following restrictions shall apply unless otherwise noted:
A.
All exotic wildlife shall be properly caged or restricted to prevent harm to residents of the Township.
B.
Anyone in possession of exotic wildlife must possess an "Exotic Wildlife Possession Permit" issued by the Pennsylvania Game Commission under the guidelines of § 296 of the Game and Wildlife Code, 34 Pa.C.S.A. § 2963.
C.
No manure shall be stored within 50 feet of any property line.
D.
All manure management practices and operations shall comply with the guidelines outlined in the Pennsylvania Department of Environmental Protection, Bureau of Water Quality Management, Publication No. 43, Manure Management for Environmental Protection, or as amended.
2.
The keeping of exotic wildlife is prohibited in any of the Township's residential districts.
3.
A maximum combined total of eight dogs and cats shall be permitted to be kept by all residents in each dwelling unit. Such limit shall only apply to dogs and cats over six months in age. See provisions for horses in § 27-1101.
4.
No livestock and no swine shall be kept on a lot of less than 10 acres in a residential district. See § 27-1103 for provisions regarding horses.
5.
Assistance animals (sometimes referred to as "emotional support animals," as defined and clarified in the Federal Housing Act[1]) that are duly certified and registered with Manchester Township shall be permitted within the residential districts or for any property used for residential purposes.
[Added by Ord. No. 2020-04, 4/14/2020]
[1]
Editor's Note: See 12 U.S.C. § 1701 et seq.
§ 27-1119 Group Homes.
[Ord. 1996-1, 1/23/1996, § 1118]
1.
A group home meeting the requirements of the definition in § 27-105 shall be subject to the following additional regulations:
A.
Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.
B.
Certification. Any group home involving five or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under an applicable state, county or federal program shall be certified or licensed, as applicable, as a condition of Township approval. A copy of any such license or certification shall be filed with the Township and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the Township in writing within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.
C.
Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Township. Such information shall be available for public review upon request.
D.
Counseling. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of three nonresidents per day.
E.
Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single family dwellings by a planting screen.
F.
The use shall not meet the definition in Part 1 of a "group quarters." A group home shall not house persons who can reasonably be considered to be a physical threat to others.
G.
Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall identify the type of use.
H.
The maximum number of persons who may reside in a group home shall not restrict or include bona fide employees who are needed in the group home to supervise and care for residents. A group home shall not be regulated by the maximum number of unrelated persons permitted to live in a dwelling unit under the definition of "family." The number of unrelated persons may be licensed to the following total number for a group home serving physically handicapped persons or developmentally disabled/retarded persons:
(1)
Single family detached dwelling with minimum lot area of 30,000 square feet and minimum building setbacks from all lot lines of 25 feet and provided that approved central sewage service is provided. Eight unrelated persons.
(2)
Any other lawful dwelling unit. Five unrelated persons.
I.
Septic. If a group home will use an on-lot septic system and will involve six or more persons routinely on the premises at any one time, the septic system shall be required to be reviewed by the Township Sewage Enforcement Officer to determine if it is adequate.
J.
The Zoning Hearing Board shall have authority to modify these provisions if necessary to comply with federal and/or state laws.
§ 27-1120 No-Impact Home-Based Business.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2003-10, 5/13/2003, § 3]
1.
No-impact home-based business shall be permitted in any structure in any zoning district whose only other use is a residential dwelling unit.
2.
The business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display of sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use.
G.
The business activity shall be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 27-1121 Setback from Creeks.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2005-12, 12/13/2005, § 1, Part 22]
1.
No new principal building and no new or expanded off-street parking area or commercial or industrial storage area shall be located within:
A.
One hundred feet from the average water level of the Codorus Creek.
B.
Seventy-five feet from the center line of the Little Conewago Creek.
§ 27-1122 Number of Principal Uses and Principal Buildings per Lot.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2005-12, 12/13/2005, § 1, Part 23]
1.
A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
A.
For example, if use one requires a one acre lot area and use two on the same lot requires a 2-acre lot area, then the lot shall have a minimum lot area of two acres.
B.
The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter including, but not limited to, parking requirements.
C.
The lot shall remain in single ownership. However, a condominium form of ownership of individual buildings, with a legally binding property-owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.
2.
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building except as follows:
A.
A mobile home park, rental townhouse development, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
§ 27-1123 Historic Buildings.
[Ord. 1996-1, 1/23/1996; as added by Ord. 2005-12, 12/13/2005, § 1, Part 24]
1.
Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:
A.
Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources.
B.
Establish a clear process to review and approve demolition of designated historic buildings.
C.
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings.
D.
Implement §§ 603(b), 603(g), 604(1) and 605(2) of the Pennsylvania Municipalities Planning Code which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value.
E.
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.
F.
Utilize the Traditional Neighborhood Development provisions of the Pennsylvania Municipalities Planning Code.
G.
Carry out recommendations of the Comprehensive Plan, including recommendations to preserve historic buildings and community character.
2.
Applicability.
A.
This section shall apply to any principal building included on the Township's official Appendix B, "List of Historic Buildings." This section shall not apply to a building or building addition that the Zoning Officer knows was built after 1940. The applicant may provide evidence to the Zoning Officer that a building was built after 1940.
B.
For a building regulated by this section, all of the provisions of the applicable underlying zoning district shall also continue to apply, in addition to the provisions of this section. In the event there is a direct conflict between the provisions of section and the underlying zoning district, the provision that is most restrictive upon development, demolition and uses shall apply.
3.
General Provisions.
A.
Any partial or complete demolition of a building regulated by this section that is visible from a public street shall only occur in compliance with this section.
B.
The list of historic buildings may be adopted and revised by the Board of Supervisors as a zoning ordinance amendment.
C.
Definitions. In addition to the definitions provided in § 27-105, the following terms shall have the following meanings for the purposes of this section:
DEMOLITION
The dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building.
DEMOLITION BY NEGLECT
The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to a point that causes a need for major repair or may cause a need for demolition.
MAINTENANCE AND REPAIR
Work that does not alter the appearance or harm the stability of exterior features of a building.
STREETSCAPE
The overall appearance of a block along a public street, including yards visible from a public street, the relationship of building setbacks, the consistency of architectural styles or features, the spacing and shapes of windows and doors and rooflines and similar features that give the block its distinctive visual character.
4.
Approval of Demolition of Building Regulated by this Section.
A.
A building regulated by this section shall not be demolished, in whole or in part, unless the applicant proves by credible evidence to the satisfaction of the Zoning Hearing Board as a special exception use that one or more of the following conditions exists:
(1)
The existing building cannot feasibly and reasonably be reused, and that such situation is not the result of intentional neglect or demolition by neglect by the owner.
(2)
The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created.
(3)
The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by section, and the project needs to occur at this location. For example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard.
(4)
The existing building has no historical or architectural significance and the demolition will not adversely impact a surrounding historic village. To meet this condition, the applicant may present information concerning the proposed design of any replacement building or use to show that the proposed building or use will result in a net improvement to the streetscape.
B.
For approval of a demolition, the standards of this section shall apply in place of the special exception use standards of Part 12. In reviewing the application, the Zoning Hearing Board shall consider the following:
(1)
The effect of the demolition on the historical significance, streetscape and architectural integrity of neighboring historic buildings and on the historic character of the surrounding neighborhood.
(2)
The feasibility of other alternatives to demolition.
C.
An application for partial or complete demolition of a building regulated by this section shall not be approved unless all of the requirements of this section have been met. A partial demolition shall include, but not be limited to: removal of an attached porch roof, removal of porch columns and removal of architectural features. See definition of "demolition" above.
D.
A complete application for the demolition shall be submitted by the applicant in writing. This application shall include the following:
(1)
The name, address and daytime telephone number of the owner of record and the applicant for the demolition.
(2)
Recent exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans shall be provided as needed to support the applicant's claim.
(3)
A site plan drawn to scale showing existing buildings and the proposed demolition.
(4)
A written statement of the reasons for the demolition.
(5)
The proposed use of the site, and a proposed timeline for development of that proposed use.
E.
Procedures. The demolition application shall be submitted to the Zoning Hearing Board for consideration as a special exception use. The applicant shall be informed of meeting dates where the application is intended to be discussed and encouraged to be present to discuss the proposed demolition.
F.
Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused. The following types of expert testimony and documentation are encouraged to be provided: a property appraisal, income and expense statements for the property, a written estimate of the costs of rehabilitation by a qualified contractor, a written report from a professional engineer regarding the structural soundness of the building, testimony concerning efforts to market the property over time, information regarding the applicant's purchase price of the building, and similar relevant in formation.
G.
Self-Created Conditions. The conditions that justify the proposed demolition of a building regulated by this section shall not have been self-created by the applicant. These conditions include, but are not limited to:
(1)
Lack of proper maintenance of the building including, but not limited to, structural elements, the roof windows or architectural elements.
(2)
Leaving parts of a building open to the elements or accessible to vandalism.
H.
The Zoning Officer may require any unoccupied building shall be properly sealed and secured to prevent decay from the elements and vandalism.
I.
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with this section if the Building Inspector certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
J.
Exceptions. Special exception use approval shall not be needed for the following:
(1)
Demolition of accessory buildings or structures.
(2)
Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the building and that are not visible from a public street (not including an alley).
(3)
Removal of features that were added after 1940, such as a modern porch or aluminum siding or carport.
(4)
Relocation of a building within the Township, provided that the relocation does not result in a partial or complete demolition that is regulated by this section.