Manheim City Zoning Code

No fence or wall (except livestock, required junkyard or tennis court walls or fences or a retainer 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 and more than six feet in any other yard within the Residential (R-1, R-2, R-3 and R-4), Conversion Office and Apartment (COA) or Central Business District (CBD) Zones. For corner lots, no fence shall be erected to a height of more than six feet in a front yard adjacent to an alley. No fences made in whole or in part of wire with barbs, electrified wire and/or razor wire shall be constructed, erected or maintained within the Residential (R-1, R-2, R-3 and R-4), Conversion Office and Apartment (COA), Central Business District (CBD) Zones or on any property currently used for residential purposes or along any shared property line adjacent to a property which is used for residential purposes.

Within the Highway Commercial (C-1) or Industrial (I) Zones, no fence nor wall shall be erected to a height of more than 10 feet in any yard. Fences within the Highway Commercial (C-1) and Industrial (I) Zones may utilize wires with barbs as a security fence as long as the barbed wire is installed in a horizontal fashion at a height which is no less than eight feet above the highest adjacent grade; the use of razor wire shall be prohibited.

Agricultural properties shall be permitted to use fencing which is made in whole or in part of electrified wire or wire with barbs; provided, however, that no such fence shall be placed along any public right-of-way or adjacent to a residentially zoned property or a property which has a residential use unless the wire fence is set back from the property line and is furthermore protected from the residence by the installation of a second fence designed and installed to keep the public away from the potentially dangerous wire fence.

No fence shall block motorist's view of vehicles entering or exiting the property or any other private or public street, alley or right-of-way.

Swimming pools.

All pools with perimeter walls measuring 24 inches in height or more are required to be enclosed by a four-foot-high fence with a self-latching gate and shall be erected before any pool is filled with water.

All aboveground pools four feet in height with removable stairs, flip-up stairs or lockable gate on the stairs do not require a fence.

All pools with an electric pump shall meet the current building code requirements.

All permanent pools shall be located in the side or rear yard and shall be a minimum of 10 feet from property lines.

All pools regulated by the building code shall require a building permit.

All regulated pools shall require a zoning permit.

All permanent pools shall have an operable filtration system utilizing chlorine, bromine or other antibacterial agent.

These regulations shall not apply to man-made ponds, lakes or other impoundments unless the primary use for their construction is swimming.

Tennis courts. All tennis courts shall include an open-mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.

Portable on-demand storage units.

A portable on-demand storage structure may be utilized as a temporary structure within the Borough when in compliance with the standards of this subsection. Any use of such structure within the Borough not in compliance with this subsection shall be unlawful.

The term "portable on-demand storage structure" (PODS®) shall be defined to be: any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property in a residential zone or approved temporary storage in a commercial zone and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

Before placing a PODS® unit on his/her/its property, a person must submit an application and receive approval from the Borough Zoning Officer. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the PODS®, and a review fee to be established from time to time by Borough resolution must accompany the application. The registration application can be obtained at the Borough office at 15 East High Street, Manheim, or you may call (717) 665-2461, Extension 14, and an application will be mailed to you.

A portable on-demand storage structure may be located as a temporary structure within the Borough for a period not exceeding 10 days in duration from time of delivery to time of removal. Only one PODS® unit may be placed at any residential or commercial property at one time and no more than two times in any thirty-calendar-day period. Each time a unit is placed at a property requires payment of the permit/review fee. In the event of a fire or natural disaster, a review will be conducted and extensions will be considered.

Such temporary structures located on private property, whenever possible, shall not be located in the front yard and/or placed closer than 10 feet to the property line unless placed on an existing impervious driveway.

The placement of PODS® on the public street, sidewalk or other public right-of-way within the Borough limits is prohibited unless, due to the topography or other physical condition of the land, it is impractical to place it on private property. Containers located in public areas must be placed so as to create no traffic hazard from neighboring driveways, alleys and/or streets. Placement on any public property must be approved by Borough Council.

No temporary storage unit shall be used to store solid waste, construction debris, demolition debris, illegal or hazardous material, or goods for a property other than the residential or commercial property where the unit is located.

Such temporary structures may not exceed eight feet six inches in height, eight feet in width or 20 feet in length and be maintained in good condition. The applicant as well as the supplier shall be responsible for ensuring that the unit shall have a presentable appearance and be free from graffiti and unnecessary signage at all times. It shall be the obligation of the owner or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the PODS®.

PODS® shall be prohibited in the flood zone.

Enforcement and penalties.

Failure to obtain permission for placement of such temporary structures shall result in the issuance of an after-the-fact registration fee set at two times the amount of the then current permit/review fee generally associated with the placement of a portable on-demand storage unit.

Any person who shall place a PODS® unit in violation of this subsection shall, upon conviction before a Magisterial District Judge, be sentenced to pay a fine not less than $100 and not more than $1,000 together with the costs of prosecution and, upon default in the payment thereof, be sentenced to undergo imprisonment for a period not exceeding 30 days.

Satellite dish antennas.

In any R-1, R-2, R-3, R-4, COA and CBD Zones, one ground-mounted satellite dish antenna up to three feet in diameter may be permitted by right, subject to the following criteria. The provisions of this section shall not apply to wireless or cellular communications antennas and towers and cellular sites.

All installations must comply with all accessory use, yard, height, bulk and setback requirements specified within the zone.

All installations shall be located (where possible) to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

All installations must include screening treatments located along the antenna's non-reception window axis and low-level ornamental landscape treatments along the reception window axis of the antenna's base. Such treatments shall completely enclose the antenna. Required screening shall consist of evergreen plantings that provide 80% visual blockage of the area between ground level and a height of three feet along the antenna's non-reception window axis. Required low-level ornamental landscaping shall consist of vegetative materials that are planted with sufficient density to form an enclosure with the required screening around the base of the antenna. Ornamental landscaping height will be determined by the installation's required elevation alignments.

The following diagrams present illustrative examples of a required screening and landscaping treatment.

All screening and landscaping requirements can be waived if the satellite dish antenna is at least 100 feet from any property line.

All installations shall be securely anchored to the ground to prevent detachment during foul weather conditions. The applicant shall furnish evidence (statements and/or drawings) indicating the foundation method to be employed.

No transmission of video format data shall be permitted.

The allowance of a satellite dish antenna shall in no way place any liability upon the Borough or its Zoning Hearing Board for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Borough.

In an R-1, R-2, R-3, R-4, COA or CBD Zone, one roof-mounted (to a principal building) satellite dish antenna up to three feet in diameter may be permitted by special exception, subject to the following criteria. The provisions of this section shall not apply to wireless or cellular communications antennas and towers and cellular sites.

Demonstration by the applicant that compliance with the applicable accessory yard, setback and height requirements would cause obstruction of a ground-mounted satellite dish antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control.

All applications must include certification by a Commonwealth registered engineer that the proposed installation complies with the requirements listed in Section 622.0 of the BOCA National Building Code/1990, and any subsequent amendments. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished.

No transmission of video format data shall be permitted.

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines.

Any granting of a special exception for a satellite dish antenna shall in no way place any liability upon the Borough or its Zoning Hearing Board for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Borough.

In any C-1 or I Zone, ground-mounted satellite dish antennas up to 12 feet in diameter may be permitted by right, subject to the following criteria:

All principal use installation shall comply with the area, height, bulk and setback standards imposed upon principal uses.

All accessory use installations shall be located within those yards specified for other accessory uses within the zone and comply with other accessory use requirements.

An installation exceeding three feet in diameter shall be screened from any adjoining residentially zoned land. Such screening can be waived if the antenna is set back a distance at least five times its diameter from the residentially zoned parcel.

Those installations used to transmit video format data shall be completely enclosed by an eight-foot-high fence. Such fence shall include signs warning of dangerous radiation levels, must be screened from adjoining residentially zoned properties, and must be locked at all times. This screening requirement can be waived if the fence is set back a distance at least five times the diameter of the satellite dish antenna from the residentially zoned parcel.

The allowance of a satellite dish antenna(s) shall in no way place any liability upon the Borough for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Borough.

In any C-1 or I Zone, roof-mounted satellite dish antennas may be permitted by right, subject to the following criteria:

Demonstration by the applicant that compliance with the applicable yard, setback and height restrictions would result in the obstruction of the antenna's reception window if it were ground-mounted; furthermore, such obstruction involves factors beyond the applicant's control.

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines.

All applications must include certification by a Commonwealth registered engineer that the proposed installation complies with those standards listed in Section 622.0 of the BOCA National Building Code/1990, and any subsequent amendments. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished.

Those installations used to transmit video format data shall be completely enclosed by an eight-foot-high non-climbable fence. Such fence shall include signs warning of dangerous radiation levels and must be locked when unattended.

The allowance of a satellite dish antenna(s) shall in no way place liability upon the Borough for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Borough.

Alternative energy sources. Except for those contained on farms, wind energy conversion systems (WECS) shall not be permitted in the front yard area of any property. Height regulations do not apply to WECS units, provided the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line. WECS units may be placed on the roof of any structure, provided the perimeter of the unit does not cover 25% or more of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone.

Ornamental ponds and wading pools.

Such structures shall comply with all accessory use setbacks.

No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments" and are subject to the criteria listed in § 220-24H of this chapter.

No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding two feet.

All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

No such pond(s) shall be used for the commercial hatching of fish or other species.

Man-made lakes, dams and impoundments.

All lakes, dams, ponds and impoundments may be permitted in any zone, subject to the following:

All dams, ponds, lakes and impoundments located along and connected to a stream and involve any of the following, shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

The dam, pond or impoundment contains a volume of at least 50 acre-feet.

The dam reaches a height of 15 feet.

The dam, pond or impoundment impounds the water from a watershed of at least 100 acres.

All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Waterways and Stormwater Management.

All dams, ponds and impoundments shall be located at least 75 feet from adjoining lot lines and any subsurface sewage disposal system or well.

All other dams, ponds and impoundments require the submission of a statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood.

Requirements for fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

Maintenance. All ponds shall be regularly maintained, and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to four garage/yard sales per year. No garage or yard sale shall be conducted for a period of longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four square feet sign shall be permitted, advertising the garage/yard sale, located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.

Accessory repair of personal motor vehicles. The Borough understands the need to provide residents with the flexibility to perform routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased by the person performing such services. Each individual performing such work has an obligation to other residents to assure that the work is done in a safe manner and in such a way that it does not become a visual or audible nuisance. Routine maintenance, repair and servicing of personal motor vehicles is permitted, subject to the following:

All vehicles shall be maintained with proper licensure.

All work shall be performed on the vehicle owner's (lessee's) property of residence.

Work shall be limited to minor repairs that, due to their general scope, are reasonably considered to have minimum, if any, impact on neighboring residents. The following activities are not permitted:

The complete repainting of the body.

The application of undercoating.

All by-products or waste fuels, lubricants, chemicals and other products shall be properly disposed of.

All activities provided in § 220-24J(3) shall be conducted during daylight hours or within an enclosed garage so as not to disturb neighboring residents.

Use of compressed-air-driven tools shall be limited so as not to disturb neighboring residents owing to noise.

The practice of jacking up or raising a vehicle off the ground shall be permitted for limited periods, subject to the following:

The area on which the vehicle is located shall be relatively level and shall be somewhat remote to passersby.

The method of raising the vehicle shall be safe and shall provide a structurally stable base which can resist lateral forces.

The vehicle shall not be left unattended for prolonged periods.

The work area shall not be readily accessible to or create an attractive nuisance for children.

Vehicles which are located in an enclosed garage are exempt from the provisions of § 220-24J(7)(a) through (d).

Pet project. The Borough understands the desire by families to educate their children with reference to the raising of animals not typically found within a borough. Furthermore, the Borough realizes that, due to its close proximity to farms, opportunities may present themselves for families to get involved in programs through organizations such as 4-H, FFA and FHA which promote such educational programs. The following criteria shall apply for those instances where a family desires to undertake such a project:

In any R-1, R-2, R-3, R-4 and COA Zone, the establishment of a pet project (designed to provide for the raising of a limited number of a single specific species of animal) shall be permitted as an accessory use to any single-family property.

The applicant's son, daughter or other resident of the premises shall be affiliated with a recognized organization such as the 4-H, FFA or FHA, and the desired pet project shall be one recognized by said organization.

The applicant shall provide a letter, as provided herein, from the Pennsylvania Game Commission or other appropriate state or federal agency for any proposed pet project which is designed to be a wildlife restocking project.

The letter shall state that the proposed project is one which is legal and for which there is a need and purpose.

The letter shall provide copies of any specific criteria which the agency requires the applicant to comply with in the raising and release of the specific animal(s).

Animals which may be associated with the pet project shall be those which are herein defined as being small animals (no more than four adult animals are to be associated with the pet project) and the following specific large farm animals:

One sheep; or

One goat.

The animal(s) associated with a pet project shall be housed in a proper pen, the design for which shall be submitted for review and approval and shall provide as follows:

The structure shall incorporate no less than three walls and a sufficient roof area to provide a weatherproof shelter. Materials used in the construction of the pen shall be those rated for exterior use and exposure, with a sufficient system of anchoring designed to resist local wind loads.

The keeper of such animal(s) shall show that adequate facilities for the feeding and watering of the subject animal(s) will be provided.

The keeper of such animal(s) shall show that adequate provisions are being implemented to collect, store and dispose of the droppings and other litter associated with the keeping of the subject animal(s). The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.

The keeper of such animal(s) shall show that the feed and bedding shall be stored and kept in ratproof, weatherproof and fly-tight containers, and that every such container shall be kept closed.

The applicant shall show that a sufficient fenced-in area will be provided which is conducive to the type of animal(s) to be associated with the pet project, with the restriction that the area shall not exceed 100 square feet, including any pen.

The height of the fencing shall be sufficient to keep the animal(s) within the pen and shall be adequately constructed to prevent the animal(s) from being able to escape from its confines.

The land on which the pen is located shall be graded so that drainage shall not be directed at or onto adjacent properties and so that ponding of stormwater cannot occur in any manner which could create a public nuisance or health hazard.

The pen structure and/or all fencing associated with the pet project shall not be located in any front yard and shall be located not less than 10 feet from all side and rear lot lines, but in no case closer than 15 feet from the public right-of-way of any street or alley.

The owner/applicant shall exercise proper care and control of the animals associated with any approved pet project. Such animals shall not be permitted to run at large upon the property, other than within the confines of the approved and established pen.

Applicants shall receive approval for the establishment of a pet project and shall construct the necessary pen which shall receive Borough approval prior to having the intended animal on the premises.

The pet project shall not be related to the raising of any animal(s) for commercial use or for profit.

In addition to the provisions found herein, the applicant's activities shall be required to be in accordance with any and all state and federal guidelines.

The applicant for a pet project shall provide credible evidence that the subject premises is in compliance with the provisions of household pet with reference to the limit of four adult animals.

Permits for pet projects shall be revoked and the animal(s) shall be removed if the animal or the maintenance of the pen or associated improvements are determined to be a public nuisance, as defined herein. In addition, failure of the applicant to keep the animal(s) within the pen area shall also constitute a public nuisance and may be grounds for revoking the pet project permit and for the removal of the animal(s).

Animal(s) which are not specifically listed herein are intended to be excluded and will be handled on a case-by-case basis by the Zoning Hearing Board as a variance.

No portion of these provisions shall be interpreted to replace or modify the provisions of kennels as provided herein.

No portion of these provisions shall be interpreted to replace or modify any of the provisions of Chapter 84, Animals, of the Code of Ordinances, also known as Ordinance No. 524.

No animal shall be kept within the Borough limits other than those defined as a household pet, i.e., domestic animal or fowl as defined in § 220-12, Definitions, or as an approved pet project per § 220-24K.

Dumpster enclosures. In multiple-family dwellings, commercial, industrial and other non-residential developments, garbage storage shall be centralized. All new dumpsters shall comply with the following: Consideration for placement will be based on the service area access in relation to the public right-of-way, building location, closest residential dwelling unit and vehicular and pedestrian circulation routes.

Any dumpster two yards or more shall be located in the rear or side yard. Dumpsters may be placed in the front yard if the front yard is the only access for pick-up and if the front yard borders a street or alley.

Setback from dwellings. Any dumpster two yards or more shall be kept a minimum of 20 feet from the walls of a dwelling unit on an abutting parcel, or a minimum of 10 feet from an adjoining property line, whichever is furthest removed from the adjacent dwelling unit.

Dumpsters shall be enclosed on three sides with an opaque architectural screen, fence or wall that is a minimum of six feet and maximum of eight feet in height.

Dumpster pads shall be at least two feet larger than the dumpster on all sides. Wheel stops or bollards shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent dumpsters from striking the enclosure during collection. The base of the enclosure must be poured concrete and shall extend three feet beyond the front opening of the enclosure as an apron. All concrete must be level with adjacent asphalt.

Dumpsters shall have an attached lid which shall be kept closed when not in immediate use.

The dumpster area shall remain clean and free from trash, litter, bags, boxes, rubbish, garbage, etc.

This section shall not apply to dumpsters that are placed for construction, demolition or any other temporary purpose.

If there are any conflicts with existing dumpster requirements within other Borough ordinances, the most restrictive shall apply.

§ 220-25 Outdoor storage.

Recreational vehicles, boats, campers, trailers, motor homes and trucks. Within any residential zone or upon any property used principally for residential purposes, the storage of recreational vehicles, travel trailers, boats (including trailers), campers, motor homes, fifth-wheels, and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements.

For the purposes of this section, recreational vehicles shall be divided into two separate categories:

Class I vehicles. Those vehicles which are either self-contained (such as motor homes) or which are dependent upon an external connection to a motorized vehicle (such as a boat-and-trailer combination), that possess no more than 200 square feet, as measured to the vehicle's outermost edges (excluding hitching mechanism), nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

Class II vehicles. Those vehicles which are either self-contained (such as motor homes) or which are dependent upon an external connection to a motorized vehicle (such as a boat-and-trailer combination), that possess more than 200 square feet, as measured to the vehicle's outermost edges (excluding hitching mechanism) and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

The temporary parking of one Class I or Class II vehicle for periods not exceeding one week during any thirty-day period is permitted on or adjacent to a paved or gravel driveway in any front yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way and five feet from adjoining property lines, provided that the provisions of § 220-28 shall apply on corner lots.

The storage of Class I or Class II vehicle(s) shall be permitted behind the building setback line, so long as the unit is set back no less than five feet from an adjoining lot line or rear alley right-of-way. All areas used for storage of Class I or Class II vehicles shall be maintained so as to keep vegetation properly trimmed. All vehicles shall display proper licensure and shall be maintained in such a manner as to prevent the leakage of fuels and/or lubricants into the ground.

The storage of Class I or Class II vehicles shall not occur between the street and the front building setback line, except as provided in § 220-25A(2) of this chapter. On vacant lots, the Class I and Class II vehicles must be stored behind the required front setback line, as specified for principal uses.

Vehicles which possess more than 320 square feet, as measured to the vehicle outermost edges, and/or which exceed a height of 13 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console; and shall not be permitted on any residentially zoned property or upon any property used principally for residential purposes.

The storage or parking of any commercial truck upon any residentially zoned lot or lot used principally for residential purposes is prohibited. For purposes of this section, commercial trucks shall include those meeting the definition of a commercial motor vehicle as defined by the Pennsylvania Vehicle Code. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or a lot used principally for residential purposes.

Only one of each permitted recreational vehicle, boat, camper, trailer, motor home, truck, pull-behind trailer or cart, licensed or not, are permitted to be kept or stored on a property unless permitted by the this chapter.

Outdoor stockpiling. In all zones, no outdoor stockpiling of any firewood, lumber or construction materials or outdoor storage of trash is permitted in a front or side yard. In any residential zone, the outdoor stockpiling of materials for more than 90 days is prohibited. Firewood shall be permitted to be kept for up to one year, and shall not be infested or severely deteriorated. Firewood shall be stacked in a neat and orderly manner and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence (on the same property) where firewood can be stacked against the fence as high as the fence. No firewood shall be supported by or leaned against any fence or structure on an adjacent property. The term "fences" does not mean or include hedges and other vegetation for purposes of this section.

Trash, garbage, refuse or junk. The outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited.

Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties.

Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

§ 220-26 Front setbacks and setback modifications.

New developments. The following table shall be utilized:

Street or Extension Thereof	Required Setback as Measured from the Center Line of Existing or Proposed Street
North Main Street	90', except that all buildings located along Main Street between Colebrook Street and Stiegel Street shall be located along a 10' front build-to-line, as measured from the edge of the right-of-way
South Main Street
East High Street	80'
New Charlotte Street (east of Main Street)
North Penn Street	60'
South Penn Street
North Linden Street
South Linden Street
Hamaker Road
West Colebrook Street (west of Main Street)
Adele Avenue (east of North Laurel Street)
All other existing and proposed streets	50' or the width of a proposed right-of-way, whichever is greater

Front setback of buildings on built-up streets. Where a single building lot exists in an area which is predominantly built-up, the front setback shall be determined by computing the average front setback of all primary structures of the same type of use on any property which is within 200 feet of the vacant parcel, to be measured along the extension of the front property line. In all such cases, this established setback line shall be considered the required build-to line, providing that the new structure must be built at this limit or within a maximum limit which shall be established as a parallel line 10 feet to the rear of the established setback line. If there are no primary structures within 200 feet of the vacant parcel, then the setback requirements of § 220-26A apply.

Accessory or appurtenant structures. The setback regulations do not apply to:

Bus shelters, telephone booths and cornices, eaves, chimneys, steps, canopies and similar extensions, but do apply to porches and patios, whether covered or not.

Open fire escapes.

Minor public utility structures, articles of ornamentation or decoration.

Fences, hedges and retaining walls.

§ 220-27 Height limit exceptions.

The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:

Water towers, antennas, steeples, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles or other similar structures.

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans and other mechanical appurtenances.

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.

In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

§ 220-28 Corner lots.

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts.

On corner lots, no such structure or growth shall be permitted within an area which is formed by a triangle where the two legs of the triangle extend 100 feet from the center-line intersection of the two intersecting streets.

§ 220-29 Minimum habitable floor area.

All dwelling units must conform to the minimum habitable floor area following:

Single-family, duplex and townhouse dwelling units: 700 square feet per dwelling unit.

Multifamily dwellings: 700 square feet per dwelling unit.

Conversion apartments: 700 square feet per dwelling unit.

Efficiency apartments: 500 square feet per dwelling unit.

Accessory dwelling suites: between 450 to 550 square feet per dwelling unit.

§ 220-30 Erection of more than one principal use on lot.

More than one principal use may be erected on a single lot, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan and provide individually approved methods of sewage disposal.

§ 220-31 Required vehicular access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street. The erection of buildings without approved access shall not be permitted.

§ 220-32 Off-street parking requirements.

Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use so as to alleviate traffic congestion on streets, except that no off-street parking spaces shall be required for non-residential uses within the CBD, in accordance with § 220-18K(1) of this chapter.

Parking for single-family dwellings, townhouses and duplexes. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling, townhouses and/or duplexes.

Site plan approval.

Each application for a zoning permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.

No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials or another dust-free surface approved by the Borough Council.

Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices which are arranged so that parked cars cannot project into the streets, yards or walkways.

Drainage. Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan to be approved by the Borough.

Parking space sizes. Minimum space required for standard car spaces:

Parallel: 23 feet by eight feet.

Nonparallel: 19 feet by nine feet.

Design standards for handicapped parking spaces. Parking spaces for handicapped persons shall be provided and shall meet all applicable requirements of the latest edition of the Americans with Disabilities Act (ADA).[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Interior drive widths.

Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table:

Angle of Parking	Width of Driveway, One-Way Traffic (feet)	Width of Driveway, Two-Way Traffic (feet)
90°	25	25
60°	20	22
45°	18	22
30°	11	22
Parallel	11	22

Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic.

Marking of parking spaces and interior drives. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. As a minimum, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows and dividers shall be provided and maintained to control parking when necessary to direct vehicular circulation. Parking areas for over 30 vehicles shall be divided by permanent raised curbing that clearly defines parking spaces from designated access lanes.

Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.

All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.

Lighting. Adequate lighting shall be provided in accordance with the Manheim Borough Subdivision and Land Development Ordinance.[2] The lighting shall be arranged so that it is not directed at land used for residential purposes or adjoining lots or streets.

Editor's Note: See Ch. 192, Subdivision and Land Development.

Access drive requirements. Every parking lot shall be connected to a street by means of an access drive. This access drive shall be at least 12 feet wide for each lane, exclusive of curb return and gutters.

Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots:

Landscaped Strip.

When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from the street right-of-way line. The strip may be located within any other landscaped strip required to be located along a street. The following lists required width of landscape strips:

Number of Spaces in Parking Lot, Including Joint Facilities	Landscape Strip Width Measured from Street Right-of-Way Line (feet)
Less than 100	5
100 to 250	15
Over 250	20

Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 10 feet from all property lines. Such setbacks shall be used for landscape strips.

Interior landscaping.

In any parking lot containing 20 or more parking spaces (except a parking garage), 5% of the total area of the lot shall be devoted to interior landscaping. Such interior landscaping may be used, for example, at the end of parking space rows to break up rows of parking spaces at least every 10 parking spaces and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet (or fraction) of required interior landscaping area. These trees shall have a clear trunk at least five feet above finished grade level.

Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang.

If a parking lot of under 20 spaces is built without interior landscaping, and later additional spaces are added so that the total is 20 or more, interior landscaping shall be provided for the entire parking lot.

Screening. When a parking lot is located on property which adjoins land in a residential zone, the parking lot shall be screened from the adjoining residential property.

Speed bumps.

Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes.

The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.

There shall be a warning sign posted at each entrance to a parking area having speed bumps.

In no case shall the overall height (or depth) of speed bumps exceed three inches.

Joint parking lots. In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores.

Prohibited uses of a parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:

The sale, display or storage of automobiles or other merchandise.

Parking/storage of vehicles accessory to the use.

Performing services (including services to vehicles).

Required off-street parking space shall not be used for loading and unloading purposes, except during hours when business operations are suspended.

Schedule of required off-street parking spaces. Except as noted in § 220-18K, the following lists required numbers of off-street parking required spaces by use type. Any use involving a combination of several uses shall provide the total number of off-street parking spaces required for each individual use:

Type of Use	Minimum of One Off-Street Parking Space for Each
Commercial Uses
Automobile repair, filling and washing facilities	400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, and 1 per employee on major shift
Automobile, boat and trailer wales	1,000 square feet of gross indoor and outdoor display areas
Carpeting, drapery, floor covering and wall covering sales	500 square feet of gross floor area
Convenience stores	75 square feet of gross floor area
Drive-through and/or fast food restaurants	2 seats, plus 1 for each 2 employees
Food market and grocery store	150 square feet of gross floor area for public use, and 1 per each employee on 2 largest shifts
Funeral homes	100 square feet of gross floor area, plus 1 per each employee and 1 per each piece of mobile equipment, such as hearses and ambulances
Furniture sales	500 square feet of gross floor area
Hotels, motels, tourist homes	Guest sleeping room, plus 1 per each employee on 2 largest shifts (restaurants and other accessory uses shall add to this requirement)
Mini warehouses	25 units, plus 1 per 250 square feet of office space, plus 2 per any resident manager
Office buildings	300 square feet of gross floor area
Professional offices of veterinarians, physicians, dentists, etc.	4 spaces per each physician or dentists, etc., plus 1 space per each support staff employee
Retail stores or shops (except those listed above)	200 square feet of gross floor area of display area or sales area, plus 1 per each employee on 2 largest shifts
Restaurants	4 seats, plus 1 per each employee on largest shift
Shopping centers or malls	182 square feet of gross leasable floor area
Other commercial buildings	400 square feet of gross floor area
Industrial Uses
Industrial and heavy manufacturing establishments	2 employees on the 2 largest shifts, or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
Warehousing	Employee on the 2 largest shifts
Recreation Uses
Amusement arcades	80 square feet of gross floor area
Athletic fields	4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of parking spaces to serve all users of the site and include a fence delineating such parking area
Bowling alleys, billiard rooms	1 for each 4 lanes/tables, plus 1 per each 2 employees
Campgrounds	Campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf courses	1 for each 8 holes, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf driving ranges	Tee, and 1 per employee
Miniature golf courses	1 for each 2 holes, plus 1 per employee
Riding schools or horse stables	2 stalls, plus 1 per every 4 seats of spectator seating
Picnic areas	Table
Skating rinks	4 persons of legal occupancy
Swimming pools (other than one accessory to a residential development	4 persons of legal occupancy
Tennis or racquetball clubs	1 for every 4 courts, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Residential Uses
Residential dwellings	1 for every 2 dwelling units (i.e., 2 parking spaces per dwelling unit)
Boarding houses, group homes and bed-and-breakfasts	Bedroom
Social and Institutional Uses
Auditorium, banquet, conference and meeting facilities; church, theater and other such places of public assembly	200 square feet, but not less than 1 parking space for each 2 seats
Clubs, lodges and other similar places	200 square feet of gross floor area, plus 1 per each employee on 2 largest shifts
Nursing, rest or retirement homes	3 accommodations (beds), in addition to those needed for doctors and support staff
Hospitals, sanitariums	Spaces shall be provided for visitors at the rate of at least 1 space for each 1 1/2 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel
Museums, art galleries, cultural centers, libraries	400 square feet of gross floor area
Rehabilitation centers (without overnight accommodations	Employee, plus 1 per each 3 people anticipated to be handled through the facility
Schools below grade 10, including commercial day care and kindergarten	6 students enrolled
Schools, 10th grade and above, including colleges	3 students enrolled
Vocational training and adult education facilities	1 1/2 students enrolled

Off-site parking. Of the required off-street parking spaces required by this section, up to 20% of such spaces can be located off the subject property, subject to the following limitations:

The parking lot shall contain no more than 20 total parking spaces.

Adequate area does not exist on the subject property to provide the number of parking spaces needed for the use and that such lack of area is not due to new building or use expansion.

The parking lot shall be visually screened from adjoining residentially zoned properties. Such screening can consist of a wooden sight-tight fence, earthen berm, vegetative materials, or any combination of these.

The location and configuration of driveways or access points shall not endanger pedestrians nor create traffic hazards.

Light, if necessary, shall be arranged so as to not cast glare on adjoining residentially zoned properties.

§ 220-33 Off-street loading facilities.

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A new use is established.

The use of a property or building is changed, thereby requiring more loading space.

An existing use is enlarged, thereby requiring an increase in loading space.

Site plan approval.

Each application for a zoning permit (or use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below.

No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.

Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential zone. Where possible, off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential zone.

Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters.

Separation from streets, sidewalks and parking lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.

Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives.

Required off-street loading facilities' sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):

Facility	Length (feet)	Width (feet)	Height (if Covered or Obstructed) (feet)
Industrial, wholesale and storage uses	63	12	15
All other uses	33	12	14

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected or cause glare off the site.

Landscaping and screening requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape strip. All off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public streets.

Schedule of off-street loading spaces required.

Type of Use	Number of Spaces	Per Gross Floor Area or Dwelling Unit
Hospital or other institution	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Hotel, motel and similar lodging facilities	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Industry or manufacturing	0	First 2,000 square feet
	1.0	2,000 to 25,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)
Multi-family dwelling	None	Less than 100 dwelling units
	1.0	100 to 300 dwelling units
	+1.0	Each additional 200 dwelling units (or fraction)
Office building, including banks facilities	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Retail sales and services, per store, restaurants	0	First 2,000 square feet
	1.0	2,000 to 10,000 square feet
	2.0	10,000 to 40,000 square feet
	+2.0	Each additional 100,000 square feet (or fraction)
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet	1.0	25,000 square feet up to 100,000 square feet (or fraction)
	+1.0	Each additional 100,000 square feet (or fraction)
Theater, auditorium, bowling alley or other recreational establishment	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor	0	First 3,000 square feet
	1.0	3,000 to 5,000 square feet
	+1.0	Each additional 10,000 square feet (or fraction)
Wholesale or warehousing (except mini-warehousing)	0	First 1,500 square feet
	1.0	1,500 to 10,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)

§ 220-34 Screening and landscaping requirements.

Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover approved by Borough Council (e.g., grass, ivy, vetch, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all non-surviving plants shall be replaced promptly.

Landscaping requirements.

Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture or other approved materials. Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.

For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. For every 300 square feet of interior landscaping required (parking lots), one shade tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.

Screening. The following materials may be used: evergreens (trees, hedges or shrubs), walls, fences, earth berms or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass or sheet metal. Screening shall be arranged so as to block the ground-level views between grade and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation.

Screen plantings required as a buffer planting between residential and commercial/industrial uses shall have a minimum depth of 10 feet. The depth shall be established by use of a staggered row of plantings. Where evergreens are utilized, the design and placement shall be such that each plant has adequate growth area without commingling into adjacent plants. No plant shall be placed closer than five feet to any property line.

At least 50% of the screen planting specimens shall be evergreens, distributed evenly along the length of the screen barrier.

Screen planting may incorporate earthen berms not exceeding 30 inches in height.

Selection of plant materials.

Trees and shrubs shall be typical of their species and variety; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained.

Native plant materials shall be utilized as much as is practicable.

§ 220-35 Outdoor signs.

Purposes. The purposes of these sign regulations are to regulate the nature and use of signage in order to maintain and enhance the traditional aesthetic environment of the Borough; to promote pedestrian and traffic safety; to minimize the adverse effects of signage on nearby properties; and to enable the fair and consistent enforcement of these sign regulations.

Definitions. As used in this section, the following terms shall have the meanings indicated:

SIGN

Any device or medium used for the purpose of naming, identifying, illustrating or displaying information to the general public, which is affixed to, painted upon or incorporated into a structure or building, or is freestanding upon a lot, which directs attention to an object, product, place, name, activity, facility, service, event, attraction, person, institution, organization or business, and which is visible from the public right-of-way, or from public property, or is located within a building and is obviously intended to be seen and understood from the public right-of-way. Customary displays of merchandise or other objects, either behind store windows or outdoors, are not signs. Specific sign types are defined as follows:

ABANDONED SIGNA sign that no longer identifies or advertises a location, current product or current activity conducted on the premises on which the sign is located.

ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or to create a visual effect or scene.

BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or official flags of any institution or business shall not be considered banners.

BEACONAny light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

BUILDING MARKERAny sign indicating the name of a building and data and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.

BUSINESS IDENTIFICATION SIGNA sign which contains elements which identify the official name of a business and which may contain the minimal references necessary to products or services which help to clarify the type of business being conducted on the premises.

CANOPY SIGNAny sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outside service area. A marquee is not a canopy.

CHANGEABLE COPY SIGNA sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign, including either a manual changeable copy sign, or an electronic message center sign.

COMMERCIAL MESSAGEAny sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMMERCIAL TENANTA tenant of commercial property owned by a landlord; the primary or only use is commercial, business or industrial oriented.

DIRECTIONAL SIGNAny sign that is designed and erected for the sole purpose of providing direction and/or orientation for pedestrian or vehicle traffic (i.e., location of parking, rest rooms, building entrances, etc).

ELECTRONIC MESSAGE CENTER SIGNA sign type characterized by internally illuminated, changeable copy that includes electronically changing alphanumeric text typically used for time and temperature displays, advertising the prices of retail products, and the like.

FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. (See Appendix.[1])

(16)

GROUND SIGNA freestanding sign, other than a pole sign, in which the entire bottom is in contact with the ground.

(17)

INFORMATIONAL SIGNAGEWindow signs of a permanent or temporary nature which display information about business activities on the premises, such as business hours, products or brands carried, services available, credit cards accepted and commercial and professional affiliations.

(18)

LUMINOUS SIGNAny sign which contains a light shining from any source within the body of the sign.

(19)

MANUAL CHANGEABLE COPY SIGNA sign in which the copy or symbols are changed manually through placement of characters of symbols on a sign face.

(20)

MARQUEE SIGNAny sign attached to, in any manner, or made part of a marquee.

(21)

NONCONFORMING SIGNAny sign which does not conform to the requirements of this section.

(22)

PENNANTAny lightweight plastic, fabric, or other material with or without a message, typically existing in series, designed to move in the wind, and suspended from a rope, wire, or string.

(23)

POLE SIGNA sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

(24)

PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to, or painted on, parked vehicles visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of a business.

(25)

PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. (See Appendix.[2])

(26)

PROMOTIONAL SIGNAGEWindow signs of a temporary nature which advertise sales events, product or service promotions, or new product or service introductions related to the business being conducted on the premises.

(27)

REAL ESTATE SIGNA sign relating to the property on which it is located offering such property for sale, lease or rent, including open house signs.

(28)

RESIDENTIAL SIGNAny sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this section.

(29)

ROOF SIGNAny sign erected and constructed wholly on and over the roof of building supported by the roof structure, and extending vertically above the highest portion of the roof. (See Appendix.[3])

(30)

ROOF SIGN, INTEGRALAny sign erected or constructed as an integral or essentially integral part of a normal roof structure or design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

(31)

SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(32)

SYMBOL SIGNAn image, icon or character used instead of a word to identify the provided service or use of the occupied space.

(33)

TEMPORARY SIGNAny sign that is not permanently mounted on or affixed to the ground, a building or display window.

(34)

WALL SIGNAny sign attached parallel to, but within 12 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. (See Appendix.[4])

(35)

WINDOW SIGNAny sign, pictures, symbol, or combination thereof that is placed inside a window, upon a window pane, and where visible from a window exterior to communicate information about an activity, business, commodity, event, sale, or service.

Editor's Note: Said Appendix is on file at the Borough.

Editor's Note: Said Appendix is on file at the Borough.

[3]

Editor's Note: Said Appendix is on file at the Borough.

[4]

Editor's Note: Said Appendix is on file at the Borough.

Applicability, effect.

Signs may be erected, placed, established, created, refaced, altered or maintained only in conformance with the standards, procedures, exemptions and other requirements of this subsection and any and all other ordinances and regulations relating to signs. Zoning permits shall be required for the erection, placement, establishment, creation or alteration of all signs, unless otherwise indicated in this subsection.

The effect of this subsection, as more specifically set forth herein, is as follows:

To establish a permit system to allow a variety of types of signs in nonresidential districts, and a limited variety of signs in all other districts, subject to the standards and the permit procedures of this subsection;

To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this subsection, but without a requirement for permits;

To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

To prohibit all signs not expressly permitted by this subsection; and

To provide for enforcement of the provisions of this subsection.

Computations. The following regulations shall control the computation of sign area and sign height:

Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, triangle, rectangle or circle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting bracing, or decorative fence or wall when such fence or wall otherwise meets regulations of this section and is clearly incidental to the display itself.

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces.

Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sight.

Design, construction, and maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:

All signs shall comply with applicable provisions of any building and electrical codes as adopted by the Borough.

Except for banners, flags, temporary signs and window signs conforming in all respects with the requirements of this subsection, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

All signs shall be maintained in good structural condition, in no state of disrepair and securely attached to bracket, pole, wall, etc. as intended. Existing signs may be removed for maintenance, repainting and resurfacing as long and the location and size remain the same. A permit application shall be submitted for review, however, the fee will be waived if all conditions are met.

Signs allowable in all districts. Signs listed in this subsection are allowed in all zoning districts as defined by this section and shall not require permits and shall not be included in any calculations of total square footage limitations. However, such signs shall conform with all other applicable regulations of this subsection.

Name and address of resident. Name and address of resident, but not to include any commercial advertising, of not more than two square feet in sign area.

No trespassing signs. No trespassing signs or other such signs regulating the use of a property, such as "No Hunting" and "No Fishing," of not more than two square feet in sign area in residential districts, and five square feet in all nonresidential districts, shall be located no closer than 50 feet apart.

Signs regulating on-premises traffic and parking or other functional subjects. Signs regulating on-premise vehicular and pedestrian traffic and parking (Examples: "In-Out," "Enter-Exit," "One Way," "Do Not Enter," "Handicapped Entrance," "Deliveries in Rear") of not more than two square feet in residential districts and five square feet in nonresidential districts. No such signs shall bear any commercial advertising.

Signs erected by a governmental body. Signs erected by a governmental body or under the direction of such a body and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, and signs identifying public schools and playgrounds.

Memorial signs or tablets. Memorial signs or tablets and signs denoting the date of erection of buildings.

Garage/yard sales and open house signs. All such signs shall be limited to a maximum size of five square feet in area and shall be removed within 24 hours after the event or activity advertised thereby has occurred. One such sign shall be permitted on each premises' frontage (maximum of two of where the event or activity is to take place. In addition, two directional freestanding signs shall be permitted at two separate intersections leading to the garage/yard sale or open house. Permission from the property owner is required and it is the responsibility of the sign owner to gain that approval. Any such sign shall not be erected more than five days prior to such event and activity. At no time shall any sign block the sidewalk public right of way or vehicle sight distance.

Temporary contractor, artisans, landscapers and similar services signs. One temporary sign per premises not to exceed the area permitted by real estate signs in the zone where the work is being performed — larger signs may be required by government agencies. Sign must be located on-site where the work is being done; signs shall be removed within seven days of completing the work.

Temporary signs announcing special events of charitable or public service groups. Such signs may only be permitted in preapproved public areas, provided that authorization and scheduling is obtained from the Borough Zoning Official. The limitations on the size and number of signs shall be developed by policy of the Borough related to pre-designated areas where the sign(s) may be placed.

Temporary booster club signs. A maximum size sign of 18 inches by 24 inches may be placed no sooner than three days to a specific event and removed within 24 hours after the event. They may not be placed within 25 feet of an intersection or on any official traffic sign. Signs may only be taped or tied to trees or poles in a wrap-around fashion with permission from the property owner. All signs shall be legible and easy to read.

Symbol sign. A sign representing the business use shall be permitted with no lettering, markings or other information provided. The maximum size shall be four square feet and shall comply with other regulations for the zone it is located in. One symbol sign is permitted in front of the named business frontage.

Sandwich board sign. One temporary sandwich board sign is permitted in front of the named business frontage. The sign shall be put out from when the business opens and removed when the business closes. It shall be placed in such a way that shall not block sight distance or block the public sidewalk right-of-way. Maximum size shall be two feet wide by three feet in height. Multiple commercial tenants within one building shall be allowed one temporary sandwich board sign per commercial tenant. Frontage shall be a minimum of 15 linear feet per sign.

Signs prohibited in all zoning districts. The following signs shall not be permitted, erected or maintained in any zoning district, notwithstanding anything else to the contrary contained in this subsection or elsewhere:

Animated signs and signs which incorporate in any manner any flashing or moving illumination or with illumination which varies in intensity or which varies in color, and signs which have any visible moving part, visible revolving parts, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical pulsations or by action of normal wind currents. Clocks, hanging signs or symbols which move with air currents, time and temperature signs and barber poles are exempted, provided they otherwise comply with all other provisions of this part.

Light sources which cast light on signs unless shielded by opaque material so that bulbs are not visible from off the property on which the signs are located.

Any sign or sign structure which constitutes a hazard to public safety or health.

Signs which by reason of size, location, content, coloring, or manner or intensity of illumination, distract or obstruct the vision of drivers, either when leaving a roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device or public streets and roads.

Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required building exit.

Signs which make use of the words such as "Stop," "Look," "One-Way," "Danger," "Yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.

Any sign which advertises a defunct business or product no longer sold.

Signs on public property or public rights-of-way, unless erected by a governmental body, required to be so located by order of a governmental body or in compliance with Subsection F(8).

Signs painted on or inappropriately attached to, or supported by a street sign or street light or any natural object unless specifically permitted within this section.

Searchlights, pennants, spinners, banners and streamers, inflatable balloons and similar devices, except for temporary occasions not to exceed 15 days' duration, such as grand openings, and then only with special prior permission of the Zoning Officer, who shall grant such permission only when the request is demonstrated to be harmonious with the proposed location.

Manual changeable copy signs not permanently affixed to the ground or business structure, including those on wheels or in moveable frames. Manual changeable copy signs shall be reviewed through the special exception process.

Electric message signs whether illuminated or not. Electric message signs shall be reviewed through the special exception process.

Limit on height of signs. No sign or any part thereof (including braces, supports or lights) shall exceed a height of 20 feet if erected at the right-of-way line of the street, road or highway adjoining the premises on which the sign is located, plus one foot additional height for each three lineal feet that said sign is located from such street, road or highway as measured on a perpendicular line from such right-of-way line to the nearest part of the sign; provided however, that no sign shall exceed 35 feet in height regardless of its distance from the right-of-way line. No freestanding sign shall exceed 15 feet in height.

Signs in the public right-of-way. No sign shall be allowed in the public right-of-way, except for the following:

Permanent signs. Permanent signs, including:

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic;

Bus stop signs erected by a public transit company;

Identification signs of a public utility regarding its poles, lines, pipes or facilities.

Temporary signs. Temporary signs, including:

Public signs erected by or on behalf of a governmental body to post legal notices, convey public information and direct or regulate pedestrian or vehicular traffic;

Signs announcing special events of charitable or public service groups, provided such signs shall be approved by the Borough and the Commonwealth, if applicable, and shall:

Be limited to a maximum size of 32 square feet in area; and

Be removed as soon as the event or activity thereby has occurred and shall not be permitted to exist more than 30 days prior to such event or activity.

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

Other signs forfeited. Any sign installed or placed on public property except in conformance with the requirements of this subsection, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Borough shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

Signs allowable by permit in zoning areas and districts. Signs are allowable by permit in the Borough as follows:

Historical Overlay Zone. Signs are subject to the applicable district regulations. In addition, with the exception of informational and promotional signage, the Historic Commission shall review and make a recommendation for new signs being proposed to be erected, altered or modified to any permanent sign in this area. The Commission may recommend the size and type of sign so as to protect the appearance and character of the historical area in which it is located. Proposed signs that do not meet the specific criteria of the zone in which the sign is to be located shall require a special exception approval from the Zoning Hearing Board.

Residential R-1, Residential R-2, Residential R-3, and Residential R-4 Districts.

Certain signs allowed in all zones.

Residential signs. One identification sign per dwelling unit and one sign indicating the private nature of a driveway or premises. If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare. Luminous signs are prohibited.

Signs for uses allowed by special exception and signs for nonconforming uses. Signs for the identification of those uses allowed by special exception by the Zoning Hearing Board and for the identification of nonconforming uses shall be approved, as a special exception, by the Zoning Hearing Board. The Board shall approve the size and type of sign so as to protect the appearance and character of the district in which it will be located.

Real estate signs shall not exceed 12 square feet six square feet if single-sided) and shall be removed within one week after settlement on the sale or lease of the property. Such signs shall be limited to one per street frontage, a maximum of two.

All signs are also subject to all other applicable regulations of this subsection.

Central Business District (CBD) and Conversion Office and Apartment (COA) Zones.

Certain signs allowed in all zones.

Business identification signs, informational signage and promotional signage.

The total area of all signs and signage shall not exceed 32 square feet for premises of up to 15 lineal feet of public street frontage. An additional four square feet of signage area is permitted for every additional five lineal feet or fraction thereof of frontage. No single sign shall exceed 64 square feet in area.

Within the total permitted area of signage for any premise, a maximum of 5% of the first floor window area or five square feet, whichever is greater, shall be permitted for informational signage, and a maximum of 15% of the first floor window area or 15 square feet, whichever is greater, shall be permitted for promotional signage.

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare. Luminous signs are prohibited.

Real estate signs shall not exceed 12 square feet and shall be removed within one week after settlement on the sale of the property. Such signs are limited to one per street frontage, a maximum of two.

All signs are also subject to all other applicable regulations of this subsection.

Commercial - Highway Commercial Zone (C1).

Certain signs allowed in all zones.

Business identification signs, informational signage and promotional signage.

The total area of all signs and signage shall not exceed 100 square feet for the first 100 linear feet, or fraction thereof, of public street frontage. An additional 50 square feet of sign area is permitted for each additional 100 linear feet of frontage, or fraction thereof, not to exceed 300 square feet for the entire property (including doors and windows). Under no circumstances shall the size of any one sign exceed 64 square feet; however, the total surface area of any freestanding sign shall not exceed 32 square feet.

Projecting signs shall be no higher than the eave line of the building, and subject to size as stated in Subsection M(1).

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

Luminous signs shall be reviewed through the special exception process.

Real estate signs shall not exceed 24 square feet and shall be removed within one week after settlement on the sale or lease of the property. Such signs are limited to one per street frontage.

All signs are also subject to all other applicable regulations of this subsection.

Industrial (C-1) and Planned Industrial/Corporate Center Zones.

Certain signs permitted in all zones.

Business identification signs, informational signage and promotional signage.

The total area of all signs and signage shall not exceed 100 square feet for the first 100 linear feet, or fraction thereof, of public street frontage. An additional 50 square feet of sign area is permitted for each additional 100 linear feet of frontage, or fraction thereof, not to exceed three 300 square feet for the entire property (including doors and windows). Under no circumstances shall the size of any one sign exceed 64 square feet, however, the total surface area of any freestanding sign shall not exceed 48 square feet.

Projecting signs shall be no higher than the eave line of the building, and subject to size as stated in Subsection M(1).

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

Luminous signs shall be reviewed through the special exception process.

Real estate signs shall not exceed 40 square feet and shall be removed within one week after settlement on the sale or lease of the property. Such signs are limited to one per street frontage.

All signs are also subject to all other applicable regulations of this subsection.

Non-permanent signs. Temporary, non-permanent signs are allowed without permit, provided that such signs shall not be displayed in excess of one month. Any sign displayed for longer than one month shall be considered as permanent and will be subject to all applicable provisions of this subsection.

Murals. An artistic depiction of a time, theme or event that is directly related to the history of the Borough of Manheim. The contents may include graphic displays and/or copy in addition to the pictorial offering. For the purposes of this subsection, a mural designed and permitted in accordance with the provisions of § 220-42 herein shall not be considered to be a sign and shall therefore be exempt from the regulations provided herein.

Additional criteria for certain sign types and uses.

Projection signs in addition to the other applicable provisions of this subsection, the following regulations shall apply to all projecting signs:

No projecting sign shall project more than five feet beyond the building line in the direction of the street, nor shall any portion of any projecting sign be closer than five feet to the face of the street curb or curb line, or the edge of an alley.

No portion of any projecting sign shall be less than eight feet above normal grade as defined in Subsection D(3).

No single face of a projecting sign shall exceed 15 square feet in sign area. No projecting sign shall have a vertical dimension greater than six feet.

There shall be no more than one projecting sign for any commercial tenant unless the building is located on a corner lot or has public entrances on two or more public ways, in which case one projecting sign maybe erected for and toward each public way.

Wall signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all wall signs:

No wall sign shall extend above the top of the wall upon which it is placed.

No wall sign, or any part thereof, shall project more than 12 inches from the wall upon which it is mounted. If external lighting is used, reflectors must be at least 10 feet above the surface of the ground level, equipped with wire mesh guards, and no part of the lighting device may project more than two feet from the wall of the building.

No wall sign shall extend beyond the left and right extremities of the wall to which it is attached.

There shall be no more than one wall sign per commercial tenant per building facade, with a maximum of two signs per commercial tenant per building facade, and the aggregate wall sign area shall have a total area of not more than 25% of the wall area.

Freestanding signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all freestanding signs.

Every freestanding sign and all parts, braces and supports thereof shall be located entirely within the property lines of the premises and shall not project over public rights-of-way or other adjoining lands. Freestanding signs may be permitted between the property line and the building setback lines, except where otherwise prohibited by this section. The base of the sign shall be located behind the street right-of-way. The sign shall be no less than three feet and not more than 15 feet above the curbline, and shall not project closer than seven feet from the curbline or two feet from the right-of-way, whichever is more restrictive of the two.

A freestanding sign shall have no more than two faces or advertising sides.

No freestanding sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of 10 lineal feet.

All freestanding signs hereafter erected shall be centrally located within a planted green area at least equal to the allowable area of a single face or advertising side for the subject sign, which area shall also include ornamental evergreen shrubbery to minimize the visibility of poles, supports and braces of such sign.

Not more than one pole sign may be erected or maintained on a single premises.

Pole signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all pole signs.

Pole signs shall be no less than eight feet and not more than 15 feet above the curbline.

A pole sign shall have no more than two faces or advertising sides, opposite of one another.

No pole sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of nine lineal feet.

Pole signs may be used as way finding signs or signs of the Commonwealth or Borough.

Not more than one pole sign may be erected or maintained on a single premises.

Roof signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all roof signs:

The highest point of a roof sign shall not exceed the building height limitation as provided in this section as applicable to the pertinent zoning district.

Not more than one roof sign may be erected or maintained on a single premises.

Luminous signs. In zoning districts where permitted, luminous signs must be approved by the Zoning Hearing Board, as a special exception, to determine that the location, design, type and color of such sign will not be detrimental to the character of the district. Only one sign per premises is permitted and shall not be lit unless the business is open.

Nonconforming signs. Any sign that was legally existing as of the effective date of this chapter that does not comply with the provisions listed in this chapter shall be considered a nonconforming sign. All nonconforming signs may continue in their present number, size and location until removed and replaced with a current conforming sign meeting the current provisions. Current nonconforming signs may be replaced in-kind, painted, restored, modified, or repaired as long as the location and size remain the same. A permit application shall be submitted for review, however the fee will be waived if all conditions are met. Any modification to the existing nonconforming size, number or location of a sign will automatically require a fee and all current regulations shall be met.

Applications and permits.

Applications for permits to erect, alter or modify permanent signs shall be made to the Zoning Officer. With the exception of signs listed in Subsection F; permits shall be required for all permanent signs. Certain signs may also require the submission of an application and an approval of a building permit.

It shall be unlawful to commence the erection of any permanent sign or to commence the moving or alteration of any permanent sign until the Zoning Officer has issued a sign permit for such work.

In applying to the Zoning Officer for a sign permit, the applicant shall submit a dimensional sketch or scale plan indicating the shape, size, height and location of all signs to be erected, altered or moved and supply such other information as may be required by the Zoning Officer for determining whether the provisions of this subsection are being observed. If the proposed sign as set forth in the application is in conformity with the provisions of this subsection and other ordinances of the Borough then in force, the Zoning Officer shall issue a sign permit for such sign. If the sign permit is refused, the Zoning Officer shall state such refusal in writing with the cause and shall immediately thereupon mail notice of such refusal to the applicant at the address indicated in the application. The Zoning Officer shall grant or deny the permit within 15 days from the date the application is submitted. The issuance of a permit shall in no case be construed as waiving any provisions of this subsection.

Removal of certain signs. After 90 days, any sign which advertises a business or service no longer in existence on the premises shall be considered to be abandoned. Signs that are abandoned shall be removed by the property owner(s) or the person(s) responsible for the erection and/or maintenance thereof within 30 days after notice of the abandonment to such person(s) by the Zoning Officer. If such person(s) fails or refuses to remove such abandoned signs after the notice aforesaid, the Zoning Officer may remove the signs at the expense of the property owner or the person(s) responsible for the erection and/or maintenance thereof.

Violations. Any of the following shall be a violation of this section and shall be subject to the enforcement remedies and penalties provided by this section and by state law:

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the premises on which the sign is located;

To install, create, erect or maintain any sign requiring a permit without such a permit;

To fail to remove any sign that is installed, created, erected or maintained in violation of this section; or

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this section.

§ 220-36 Roadway classifications.

For the purposes of this chapter, the Borough's roads shall be classified in the following categories:

Arterial roads:

North Main Street and South Main Street.

East High Street and West High Street.

New Charlotte Street (east of South Main Street).

Collector roads:

Colebrook Street.

Local roads: All roads not listed as arterial roads or collector roads.

§ 220-37 Permanent/temporary occupancy requirements.

No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper or motor home. However, temporary occupancy of a tent, travel trailer, camper or motor home shall be permitted within an approved campground or for periods of up to seven days in any calendar year on the property of a friend or relative.

§ 220-38 Operations and performance standards.

All uses proposed within the Borough shall operate in compliance with applicable federal, state and county regulations, as they are periodically adopted, amended and repealed. The following lists known government regulations associated with various land use impacts. This list in no way excludes or limits federal, state or county jurisdiction over uses within the Borough but is merely provided for information to applicants and landowners of the type of regulations which may be in effect.

Noise pollution and vibration. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Air pollution, airborne emissions and odor. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Water pollution. The Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1 et seq., as amended.

Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219, the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3301 et seq.

Glare and heat. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Handicap access. The latest version of the Pennsylvania Universal Accessibility Standards.

Floodplain protection. The Manheim Borough Floodplain Ordinance (Chapter 124).

§ 220-39 Common open space requirements.

In those instances where open space is required elsewhere in this chapter, or when an applicant proposes the use of open space, such open space shall comply with the following:

Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives.

Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

Protection of important historical and/or archaeological sites.

Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Borough.

Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features.

An essential element of the provision of open space is a written description regarding its ownership and/or disposition. Such ownership and/or disposition shall be accomplished through one of the following:

An offer of dedication to the Borough. The Borough shall not be obligated to accept dedication of the common open space.

With permission of the Borough, and with appropriate deed restrictions in favor of the Borough and 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.

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:

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.

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.

Editor's Note: See 53 P.S. 10701 et seq.

The Borough may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.

§ 220-40 Agricultural, horticultural and/or forestry-related uses.

As permitted in Article II, agricultural, horticultural and/or forestry-related uses are subject to the following.

Minimum lot area requirements: 10 acres.

Minimum lot width: 250 feet.

Minimum setback requirements.

Front setback: 50 feet.

Side setback: 50 feet on each side (100 feet total).

Rear setback: 50 feet.

Special setback requirements.

Except as provided for in the following subsection, no new slaughter area, area for the storage or processing of manure, garbage or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock or any building housing commercial livestock shall be permitted within 300 feet of any property line within any residential zone.

The Zoning Hearing Board may, as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six feet from any adjoining street right-of-way lines.

Maximum permitted height: 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.

Maximum lot coverage: 10%.

All lanes exclusively serving agricultural, horticultural and/or forestry-related uses shall be exempt from driveway and access drive requirements.

Permitted accessory uses include, but are not limited to, the following:

Roadside stands for the sale of agricultural products, subject to the following:

Any structure used to display such goods and related parking shall be no more than 2,000 square feet in size and shall be located at least 25 feet from any property line.

At least 1/2 of the products displayed for sale must have been produced on the premises.

Off-street parking shall be provided for all employees and customers.

Any signs used shall be attached to the roadside stand structure and shall not exceed 10 square feet in total area nor exceed a maximum height of 15 feet.

Family day-care facilities, as defined herein.

Manure storage facilities, subject to the following regulations:

All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication "Manure Management for Environmental Protection," Bureau of Water Quality Management Publication No. 43, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection, copies of which are available from the Office of Water Quality Management in the Department of Environmental Protection Regional Office located at One Ararat Boulevard, Harrisburg, Pennsylvania 17110, telephone (717) 657-4585.

All waste storage facilities' design shall be reviewed by the Lancaster County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.

Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Lancaster County Conservation District.

Beekeeping, subject to the following:

It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.

Colonies shall be maintained in movable frame hives.

Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.

In no case shall hives be located within 25 feet of any property line.

All hives shall have access to an on-site water supply. Unless a natural water supply exists on the subject property, the applicant shall furnish a water-filled tank with a board or crushed rock for the bees to land on.

Hives shall not be oriented to children's play areas or neighboring properties.

Adequate techniques in handling bees, such as re-queening, and adequate hive space shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.

One single-family detached dwelling.

§ 220-41 Drive-through requirements.

Except as required elsewhere within this chapter, all uses involving the use of drive-through lanes shall comply with the following:

Each drive-through lane shall have sufficient length between the street and the service window/teller/bay to accommodate at least five vehicles.

All drive-through lanes shall be separated from the parking lot's interior driveways by the use of curbs and/or planting islands.

Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

§ 220-42 Murals.

Purpose. It is recognized that in certain cases property owners may desire to create a mural on a particular structure facade. It is further recognized that certain murals may in fact prove to be beneficial in making statements relative to the history of the Borough of Manheim. However, to simply permit murals to be created without any type of guidelines or control would be in direct conflict with the general purpose of zoning and the specific language within the sign provisions wherein billboards and similar signage are prohibited. It is therefore the purpose of this section of this chapter to establish procedures and guidelines under which murals may be permitted and even encouraged within the landscape and streetscape areas along public thoroughfares. The following provisions have been created to provide design, preparation, painting, maintenance, eligibility and permitting standards and guidelines to assist property owners in their efforts.

Design guidelines. The following guidelines are to be utilized by the design professional and the property owner in the creation of an acceptable mural design.

The mural shall provide a representation of a historic theme or event that is indicative of the Borough. Such theme or event could represent a historic event, business or era.

Use of lettering should be an incidental feature and not the prime message of the mural; otherwise the mural would be treated as a sign. Lettering shall be done in such a way that a patina, shading or other aging treatment is utilized to downplay the physical message.

The mural shall be designed around existing architectural features; removal or covering of window trim or other architectural features shall be avoided at all cost and may only be approved with support from the Historic Commission.

Services of a professional artist shall be obtained for the purpose of creating the design for the intended mural. Applicants and/or their artist are encouraged to be as creative and artistic as possible in the preparation of the mural design.

The artist will be required to submit a portfolio of his/her/their work and shall provide current references for all of the work contained within the portfolio. Letters of reference are acceptable, provided that addresses and phone numbers of the individual or agency that contracted the work shown within the portfolio are also provided.

A written text describing the matter depicted by the mural shall also be submitted. One of the goals of the mural program shall be to provide for the creation of a brochure, a walking tour outline and map that would be made available to the public, describing each of the murals that exist within the Borough.

Painting regulations. The following regulations shall serve as the minimum acceptable standards for the actual creation of the mural.

The mural may be painted either directly on the building's surface or on super-flex material and then stretched over a space on the building.

Painting directly on the building shall incorporate, but not be limited to, the following steps:

Power washing and/or an appropriate chemical cleaning of the wall area and all affected surfaces;

Use of an acrylic latex primer, allowing an appropriate drying time in accordance with manufacturers' recommendations;

Use of oil-based paint; and

Application of a clear acrylic latex sealer (after an appropriate curing time).

Eligibility standards.

Standards need to be provided, listing structures and themes that may prove to be appropriate in the creation of murals within the Borough. The Historic Commission and the Planning Commission shall jointly develop a listing of potential building facades that could be considered for the placement of a mural. In addition, they shall jointly develop a listing of historic themes that could be utilized by property owners for the creation of a mural.

A structures and theme listing shall be adopted either as part of these regulations or by resolution adopted by Borough Council. In addition, the listing may be added to or otherwise modified from time to time based upon recommendations of the Historic Commission and the Planning Commission through the resolution process.

Publication of the eligibility standards does not infer that the property owner(s) have agreed to have his/her/its/their building embellished in this manner, nor does the listing of themes indicate that a specific design has been developed for use in the creation of such a mural on any of the listed structures. These listings are to be provided as a guide and do not cover all of the buildings or themes that may be able to gain approval; property owners may choose to present a specific theme to the Historic Commission and the Planning Commission that he/she/it/they would like to utilize on a building facade in the creation of a mural.

Maintenance standards.

These standards are provided to assure that the property owner is aware of his/her/its/their obligation that the mural will be properly and fully maintained well into the future.

The property owner and the Borough shall enter into and record an agreement wherein the property owner will provide for the maintenance of the mural. The agreement shall provide the Borough with certain rights to assure that the mural is properly maintained. In addition, failure by the property owner to maintain a mural shall result in certain defined action by the Borough Zoning Officer, including but not limited to providing for legal notice to the property owner of his/her/its/their requirement to take certain specific action to maintain and/or repair the mural as well as providing the right for the Borough to take such action and seek reimbursement from the property owner for such work. In addition, the agreement shall address the owner's right to remove or otherwise cover or restore the affected facade.

Permitting. The permit application shall contain the following:

Name, address and phone number of the applicant.

Relationship of the applicant to the project (property owner, artist, etc.).

Address of the property, including a description of the wall that will be affected.

General description of the mural.

A rendering of the proposed mural.

Name, address and phone number of the artist, including the required portfolio and references.

Anticipated project cost.

Outline of painting process.

Projected start and finish dates.

Approval. Applications for the approval of a mural will be handled in one of four ways: approved (as submitted); conditional approval (approved with additional requirements); rejected (returned to the applicant for additional information); or denied. The process will require a three-step review and approval process beginning with the Historic Commission.

The Historic Commission and the Planning Commission will review the mural design(s) based on the following criteria:

Historic accuracy or depiction of an approved theme.

Appropriate usage and selection of color.

Appropriate use of lettering and overall aesthetics.

Recognition/approval of the artist.

Recommendations from the Historic Commission will be forwarded to the Planning Commission for its review. (The Zoning Officer or the Historic Commission shall reject applications that are deemed to be incomplete. Applications that move past the Historic Commission review will be considered complete.)

The Planning Commission shall add any comments and/or recommendations to the application packet, and the matter shall be forwarded to Borough Council for its consideration.

Upon receipt of the written Historic Commission and the Planning Commission recommendations, Borough Council shall arrange for the applicant to make a presentation at a public meeting, following which Borough Council shall take action to approve, conditionally approve, or deny the application. (Conditional approval may require the applicant to submit a revised application, description, drawing or other design modifications prior to permitting the applicant to move forward with the project.) Any denial shall state the basis for the denial.

Manheim City Zoning Code

ARTICLE III

General Provisions

§ 220-23 Applicability.

The regulations contained within this Article III shall apply to all uses within the Borough.

§ 220-24 Accessory uses and structures.

Fences and walls.

No fence shall block motorist's view of vehicles entering or exiting the property or any other private or public street, alley or right-of-way.

Swimming pools.

All aboveground pools four feet in height with removable stairs, flip-up stairs or lockable gate on the stairs do not require a fence.

All pools with an electric pump shall meet the current building code requirements.

All permanent pools shall be located in the side or rear yard and shall be a minimum of 10 feet from property lines.

All pools regulated by the building code shall require a building permit.

All regulated pools shall require a zoning permit.

All permanent pools shall have an operable filtration system utilizing chlorine, bromine or other antibacterial agent.

These regulations shall not apply to man-made ponds, lakes or other impoundments unless the primary use for their construction is swimming.

Portable on-demand storage units.

PODS® shall be prohibited in the flood zone.

Enforcement and penalties.

Satellite dish antennas.

All installations must comply with all accessory use, yard, height, bulk and setback requirements specified within the zone.

All installations shall be located (where possible) to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

The following diagrams present illustrative examples of a required screening and landscaping treatment.

All screening and landscaping requirements can be waived if the satellite dish antenna is at least 100 feet from any property line.

No transmission of video format data shall be permitted.

No transmission of video format data shall be permitted.

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines.

In any C-1 or I Zone, ground-mounted satellite dish antennas up to 12 feet in diameter may be permitted by right, subject to the following criteria:

All principal use installation shall comply with the area, height, bulk and setback standards imposed upon principal uses.

All accessory use installations shall be located within those yards specified for other accessory uses within the zone and comply with other accessory use requirements.

In any C-1 or I Zone, roof-mounted satellite dish antennas may be permitted by right, subject to the following criteria:

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines.

Ornamental ponds and wading pools.

Such structures shall comply with all accessory use setbacks.

No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding two feet.

All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

No such pond(s) shall be used for the commercial hatching of fish or other species.

Man-made lakes, dams and impoundments.

All lakes, dams, ponds and impoundments may be permitted in any zone, subject to the following:

The dam, pond or impoundment contains a volume of at least 50 acre-feet.

The dam reaches a height of 15 feet.

The dam, pond or impoundment impounds the water from a watershed of at least 100 acres.

All dams, ponds and impoundments shall be located at least 75 feet from adjoining lot lines and any subsurface sewage disposal system or well.

Requirements for fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

All vehicles shall be maintained with proper licensure.

All work shall be performed on the vehicle owner's (lessee's) property of residence.

The complete repainting of the body.

The application of undercoating.

All by-products or waste fuels, lubricants, chemicals and other products shall be properly disposed of.

All activities provided in § 220-24J(3) shall be conducted during daylight hours or within an enclosed garage so as not to disturb neighboring residents.

Use of compressed-air-driven tools shall be limited so as not to disturb neighboring residents owing to noise.

The practice of jacking up or raising a vehicle off the ground shall be permitted for limited periods, subject to the following:

The area on which the vehicle is located shall be relatively level and shall be somewhat remote to passersby.

The method of raising the vehicle shall be safe and shall provide a structurally stable base which can resist lateral forces.

The vehicle shall not be left unattended for prolonged periods.

The work area shall not be readily accessible to or create an attractive nuisance for children.

Vehicles which are located in an enclosed garage are exempt from the provisions of § 220-24J(7)(a) through (d).

The letter shall state that the proposed project is one which is legal and for which there is a need and purpose.

The letter shall provide copies of any specific criteria which the agency requires the applicant to comply with in the raising and release of the specific animal(s).

One sheep; or

One goat.

The animal(s) associated with a pet project shall be housed in a proper pen, the design for which shall be submitted for review and approval and shall provide as follows:

The keeper of such animal(s) shall show that adequate facilities for the feeding and watering of the subject animal(s) will be provided.

The keeper of such animal(s) shall show that the feed and bedding shall be stored and kept in ratproof, weatherproof and fly-tight containers, and that every such container shall be kept closed.

The height of the fencing shall be sufficient to keep the animal(s) within the pen and shall be adequately constructed to prevent the animal(s) from being able to escape from its confines.

The pet project shall not be related to the raising of any animal(s) for commercial use or for profit.

In addition to the provisions found herein, the applicant's activities shall be required to be in accordance with any and all state and federal guidelines.

The applicant for a pet project shall provide credible evidence that the subject premises is in compliance with the provisions of household pet with reference to the limit of four adult animals.

Animal(s) which are not specifically listed herein are intended to be excluded and will be handled on a case-by-case basis by the Zoning Hearing Board as a variance.

No portion of these provisions shall be interpreted to replace or modify the provisions of kennels as provided herein.

No portion of these provisions shall be interpreted to replace or modify any of the provisions of Chapter 84, Animals, of the Code of Ordinances, also known as Ordinance No. 524.

Dumpsters shall be enclosed on three sides with an opaque architectural screen, fence or wall that is a minimum of six feet and maximum of eight feet in height.

Dumpsters shall have an attached lid which shall be kept closed when not in immediate use.

The dumpster area shall remain clean and free from trash, litter, bags, boxes, rubbish, garbage, etc.

This section shall not apply to dumpsters that are placed for construction, demolition or any other temporary purpose.

If there are any conflicts with existing dumpster requirements within other Borough ordinances, the most restrictive shall apply.

§ 220-25 Outdoor storage.

For the purposes of this section, recreational vehicles shall be divided into two separate categories:

Trash, garbage, refuse or junk. The outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited.

Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties.

§ 220-26 Front setbacks and setback modifications.

New developments. The following table shall be utilized:

Street or Extension Thereof	Required Setback as Measured from the Center Line of Existing or Proposed Street
North Main Street	90', except that all buildings located along Main Street between Colebrook Street and Stiegel Street shall be located along a 10' front build-to-line, as measured from the edge of the right-of-way
South Main Street
East High Street	80'
New Charlotte Street (east of Main Street)
North Penn Street	60'
South Penn Street
North Linden Street
South Linden Street
Hamaker Road
West Colebrook Street (west of Main Street)
Adele Avenue (east of North Laurel Street)
All other existing and proposed streets	50' or the width of a proposed right-of-way, whichever is greater

Accessory or appurtenant structures. The setback regulations do not apply to:

Bus shelters, telephone booths and cornices, eaves, chimneys, steps, canopies and similar extensions, but do apply to porches and patios, whether covered or not.

Open fire escapes.

Minor public utility structures, articles of ornamentation or decoration.

Fences, hedges and retaining walls.

§ 220-27 Height limit exceptions.

Water towers, antennas, steeples, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles or other similar structures.

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans and other mechanical appurtenances.

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.

§ 220-28 Corner lots.

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts.

§ 220-29 Minimum habitable floor area.

All dwelling units must conform to the minimum habitable floor area following:

Single-family, duplex and townhouse dwelling units: 700 square feet per dwelling unit.

Multifamily dwellings: 700 square feet per dwelling unit.

Conversion apartments: 700 square feet per dwelling unit.

Efficiency apartments: 500 square feet per dwelling unit.

Accessory dwelling suites: between 450 to 550 square feet per dwelling unit.

§ 220-30 Erection of more than one principal use on lot.

§ 220-31 Required vehicular access.

§ 220-32 Off-street parking requirements.

Site plan approval.

No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials or another dust-free surface approved by the Borough Council.

Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices which are arranged so that parked cars cannot project into the streets, yards or walkways.

Parking space sizes. Minimum space required for standard car spaces:

Parallel: 23 feet by eight feet.

Nonparallel: 19 feet by nine feet.

Editor's Note: See 42 U.S.C. § 12101 et seq.

Interior drive widths.

Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table:

Angle of Parking	Width of Driveway, One-Way Traffic (feet)	Width of Driveway, Two-Way Traffic (feet)
90°	25	25
60°	20	22
45°	18	22
30°	11	22
Parallel	11	22

Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic.

Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.

All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.

Editor's Note: See Ch. 192, Subdivision and Land Development.

Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots:

Landscaped Strip.

Number of Spaces in Parking Lot, Including Joint Facilities	Landscape Strip Width Measured from Street Right-of-Way Line (feet)
Less than 100	5
100 to 250	15
Over 250	20

Interior landscaping.

Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang.

Screening. When a parking lot is located on property which adjoins land in a residential zone, the parking lot shall be screened from the adjoining residential property.

Speed bumps.

Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes.

The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.

There shall be a warning sign posted at each entrance to a parking area having speed bumps.

In no case shall the overall height (or depth) of speed bumps exceed three inches.

The sale, display or storage of automobiles or other merchandise.

Parking/storage of vehicles accessory to the use.

Performing services (including services to vehicles).

Required off-street parking space shall not be used for loading and unloading purposes, except during hours when business operations are suspended.

Type of Use	Minimum of One Off-Street Parking Space for Each
Commercial Uses
Automobile repair, filling and washing facilities	400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, and 1 per employee on major shift
Automobile, boat and trailer wales	1,000 square feet of gross indoor and outdoor display areas
Carpeting, drapery, floor covering and wall covering sales	500 square feet of gross floor area
Convenience stores	75 square feet of gross floor area
Drive-through and/or fast food restaurants	2 seats, plus 1 for each 2 employees
Food market and grocery store	150 square feet of gross floor area for public use, and 1 per each employee on 2 largest shifts
Funeral homes	100 square feet of gross floor area, plus 1 per each employee and 1 per each piece of mobile equipment, such as hearses and ambulances
Furniture sales	500 square feet of gross floor area
Hotels, motels, tourist homes	Guest sleeping room, plus 1 per each employee on 2 largest shifts (restaurants and other accessory uses shall add to this requirement)
Mini warehouses	25 units, plus 1 per 250 square feet of office space, plus 2 per any resident manager
Office buildings	300 square feet of gross floor area
Professional offices of veterinarians, physicians, dentists, etc.	4 spaces per each physician or dentists, etc., plus 1 space per each support staff employee
Retail stores or shops (except those listed above)	200 square feet of gross floor area of display area or sales area, plus 1 per each employee on 2 largest shifts
Restaurants	4 seats, plus 1 per each employee on largest shift
Shopping centers or malls	182 square feet of gross leasable floor area
Other commercial buildings	400 square feet of gross floor area
Industrial Uses
Industrial and heavy manufacturing establishments	2 employees on the 2 largest shifts, or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
Warehousing	Employee on the 2 largest shifts
Recreation Uses
Amusement arcades	80 square feet of gross floor area
Athletic fields	4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of parking spaces to serve all users of the site and include a fence delineating such parking area
Bowling alleys, billiard rooms	1 for each 4 lanes/tables, plus 1 per each 2 employees
Campgrounds	Campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf courses	1 for each 8 holes, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf driving ranges	Tee, and 1 per employee
Miniature golf courses	1 for each 2 holes, plus 1 per employee
Riding schools or horse stables	2 stalls, plus 1 per every 4 seats of spectator seating
Picnic areas	Table
Skating rinks	4 persons of legal occupancy
Swimming pools (other than one accessory to a residential development	4 persons of legal occupancy
Tennis or racquetball clubs	1 for every 4 courts, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Residential Uses
Residential dwellings	1 for every 2 dwelling units (i.e., 2 parking spaces per dwelling unit)
Boarding houses, group homes and bed-and-breakfasts	Bedroom
Social and Institutional Uses
Auditorium, banquet, conference and meeting facilities; church, theater and other such places of public assembly	200 square feet, but not less than 1 parking space for each 2 seats
Clubs, lodges and other similar places	200 square feet of gross floor area, plus 1 per each employee on 2 largest shifts
Nursing, rest or retirement homes	3 accommodations (beds), in addition to those needed for doctors and support staff
Hospitals, sanitariums	Spaces shall be provided for visitors at the rate of at least 1 space for each 1 1/2 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel
Museums, art galleries, cultural centers, libraries	400 square feet of gross floor area
Rehabilitation centers (without overnight accommodations	Employee, plus 1 per each 3 people anticipated to be handled through the facility
Schools below grade 10, including commercial day care and kindergarten	6 students enrolled
Schools, 10th grade and above, including colleges	3 students enrolled
Vocational training and adult education facilities	1 1/2 students enrolled

Off-site parking. Of the required off-street parking spaces required by this section, up to 20% of such spaces can be located off the subject property, subject to the following limitations:

The parking lot shall contain no more than 20 total parking spaces.

Adequate area does not exist on the subject property to provide the number of parking spaces needed for the use and that such lack of area is not due to new building or use expansion.

The location and configuration of driveways or access points shall not endanger pedestrians nor create traffic hazards.

Light, if necessary, shall be arranged so as to not cast glare on adjoining residentially zoned properties.

§ 220-33 Off-street loading facilities.

A new use is established.

The use of a property or building is changed, thereby requiring more loading space.

An existing use is enlarged, thereby requiring an increase in loading space.

Site plan approval.

No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.

Required off-street loading facilities' sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):

Facility	Length (feet)	Width (feet)	Height (if Covered or Obstructed) (feet)
Industrial, wholesale and storage uses	63	12	15
All other uses	33	12	14

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected or cause glare off the site.

Schedule of off-street loading spaces required.

Type of Use	Number of Spaces	Per Gross Floor Area or Dwelling Unit
Hospital or other institution	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Hotel, motel and similar lodging facilities	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Industry or manufacturing	0	First 2,000 square feet
	1.0	2,000 to 25,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)
Multi-family dwelling	None	Less than 100 dwelling units
	1.0	100 to 300 dwelling units
	+1.0	Each additional 200 dwelling units (or fraction)
Office building, including banks facilities	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Retail sales and services, per store, restaurants	0	First 2,000 square feet
	1.0	2,000 to 10,000 square feet
	2.0	10,000 to 40,000 square feet
	+2.0	Each additional 100,000 square feet (or fraction)
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet	1.0	25,000 square feet up to 100,000 square feet (or fraction)
	+1.0	Each additional 100,000 square feet (or fraction)
Theater, auditorium, bowling alley or other recreational establishment	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor	0	First 3,000 square feet
	1.0	3,000 to 5,000 square feet
	+1.0	Each additional 10,000 square feet (or fraction)
Wholesale or warehousing (except mini-warehousing)	0	First 1,500 square feet
	1.0	1,500 to 10,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)

§ 220-34 Screening and landscaping requirements.

Landscaping requirements.

At least 50% of the screen planting specimens shall be evergreens, distributed evenly along the length of the screen barrier.

Screen planting may incorporate earthen berms not exceeding 30 inches in height.

Selection of plant materials.

Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained.

Native plant materials shall be utilized as much as is practicable.

§ 220-35 Outdoor signs.

Definitions. As used in this section, the following terms shall have the meanings indicated:

SIGN

ABANDONED SIGNA sign that no longer identifies or advertises a location, current product or current activity conducted on the premises on which the sign is located.

ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or to create a visual effect or scene.

BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.

COMMERCIAL MESSAGEAny sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMMERCIAL TENANTA tenant of commercial property owned by a landlord; the primary or only use is commercial, business or industrial oriented.

FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. (See Appendix.[1])

(16)

GROUND SIGNA freestanding sign, other than a pole sign, in which the entire bottom is in contact with the ground.

(17)

(18)

LUMINOUS SIGNAny sign which contains a light shining from any source within the body of the sign.

(19)

MANUAL CHANGEABLE COPY SIGNA sign in which the copy or symbols are changed manually through placement of characters of symbols on a sign face.

(20)

MARQUEE SIGNAny sign attached to, in any manner, or made part of a marquee.

(21)

NONCONFORMING SIGNAny sign which does not conform to the requirements of this section.

(22)

PENNANTAny lightweight plastic, fabric, or other material with or without a message, typically existing in series, designed to move in the wind, and suspended from a rope, wire, or string.

(23)

POLE SIGNA sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

(24)

(25)

PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. (See Appendix.[2])

(26)

(27)

REAL ESTATE SIGNA sign relating to the property on which it is located offering such property for sale, lease or rent, including open house signs.

(28)

(29)

ROOF SIGNAny sign erected and constructed wholly on and over the roof of building supported by the roof structure, and extending vertically above the highest portion of the roof. (See Appendix.[3])

(30)

(31)

SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(32)

SYMBOL SIGNAn image, icon or character used instead of a word to identify the provided service or use of the occupied space.

(33)

TEMPORARY SIGNAny sign that is not permanently mounted on or affixed to the ground, a building or display window.

(34)

(35)

Editor's Note: Said Appendix is on file at the Borough.

Editor's Note: Said Appendix is on file at the Borough.

[3]

Editor's Note: Said Appendix is on file at the Borough.

[4]

Editor's Note: Said Appendix is on file at the Borough.

Applicability, effect.

The effect of this subsection, as more specifically set forth herein, is as follows:

To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

To prohibit all signs not expressly permitted by this subsection; and

To provide for enforcement of the provisions of this subsection.

Computations. The following regulations shall control the computation of sign area and sign height:

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces.

Design, construction, and maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:

All signs shall comply with applicable provisions of any building and electrical codes as adopted by the Borough.

Name and address of resident. Name and address of resident, but not to include any commercial advertising, of not more than two square feet in sign area.

Memorial signs or tablets. Memorial signs or tablets and signs denoting the date of erection of buildings.

Light sources which cast light on signs unless shielded by opaque material so that bulbs are not visible from off the property on which the signs are located.

Any sign or sign structure which constitutes a hazard to public safety or health.

Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required building exit.

Any sign which advertises a defunct business or product no longer sold.

Signs on public property or public rights-of-way, unless erected by a governmental body, required to be so located by order of a governmental body or in compliance with Subsection F(8).

Signs painted on or inappropriately attached to, or supported by a street sign or street light or any natural object unless specifically permitted within this section.

Electric message signs whether illuminated or not. Electric message signs shall be reviewed through the special exception process.

Signs in the public right-of-way. No sign shall be allowed in the public right-of-way, except for the following:

Permanent signs. Permanent signs, including:

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic;

Bus stop signs erected by a public transit company;

Identification signs of a public utility regarding its poles, lines, pipes or facilities.

Temporary signs. Temporary signs, including:

Public signs erected by or on behalf of a governmental body to post legal notices, convey public information and direct or regulate pedestrian or vehicular traffic;

Signs announcing special events of charitable or public service groups, provided such signs shall be approved by the Borough and the Commonwealth, if applicable, and shall:

Be limited to a maximum size of 32 square feet in area; and

Be removed as soon as the event or activity thereby has occurred and shall not be permitted to exist more than 30 days prior to such event or activity.

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

Signs allowable by permit in zoning areas and districts. Signs are allowable by permit in the Borough as follows:

Residential R-1, Residential R-2, Residential R-3, and Residential R-4 Districts.

Certain signs allowed in all zones.

All signs are also subject to all other applicable regulations of this subsection.

Central Business District (CBD) and Conversion Office and Apartment (COA) Zones.

Certain signs allowed in all zones.

Business identification signs, informational signage and promotional signage.

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare. Luminous signs are prohibited.

All signs are also subject to all other applicable regulations of this subsection.

Commercial - Highway Commercial Zone (C1).

Certain signs allowed in all zones.

Business identification signs, informational signage and promotional signage.

Projecting signs shall be no higher than the eave line of the building, and subject to size as stated in Subsection M(1).

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

Luminous signs shall be reviewed through the special exception process.

Real estate signs shall not exceed 24 square feet and shall be removed within one week after settlement on the sale or lease of the property. Such signs are limited to one per street frontage.

All signs are also subject to all other applicable regulations of this subsection.

Industrial (C-1) and Planned Industrial/Corporate Center Zones.

Certain signs permitted in all zones.

Business identification signs, informational signage and promotional signage.

The total area of all signs and signage shall not exceed 100 square feet for the first 100 linear feet, or fraction thereof, of public street frontage. An additional 50 square feet of sign area is permitted for each additional 100 linear feet of frontage, or fraction thereof, not to exceed three 300 square feet for the entire property (including doors and windows). Under no circumstances shall the size of any one sign exceed 64 square feet, however, the total surface area of any freestanding sign shall not exceed 48 square feet.

Projecting signs shall be no higher than the eave line of the building, and subject to size as stated in Subsection M(1).

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

Luminous signs shall be reviewed through the special exception process.

Real estate signs shall not exceed 40 square feet and shall be removed within one week after settlement on the sale or lease of the property. Such signs are limited to one per street frontage.

All signs are also subject to all other applicable regulations of this subsection.

Additional criteria for certain sign types and uses.

Projection signs in addition to the other applicable provisions of this subsection, the following regulations shall apply to all projecting signs:

No portion of any projecting sign shall be less than eight feet above normal grade as defined in Subsection D(3).

No single face of a projecting sign shall exceed 15 square feet in sign area. No projecting sign shall have a vertical dimension greater than six feet.

Wall signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all wall signs:

No wall sign shall extend above the top of the wall upon which it is placed.

No wall sign shall extend beyond the left and right extremities of the wall to which it is attached.

Freestanding signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all freestanding signs.

A freestanding sign shall have no more than two faces or advertising sides.

No freestanding sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of 10 lineal feet.

Not more than one pole sign may be erected or maintained on a single premises.

Pole signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all pole signs.

Pole signs shall be no less than eight feet and not more than 15 feet above the curbline.

A pole sign shall have no more than two faces or advertising sides, opposite of one another.

No pole sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of nine lineal feet.

Pole signs may be used as way finding signs or signs of the Commonwealth or Borough.

Not more than one pole sign may be erected or maintained on a single premises.

Roof signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all roof signs:

The highest point of a roof sign shall not exceed the building height limitation as provided in this section as applicable to the pertinent zoning district.

Not more than one roof sign may be erected or maintained on a single premises.

Applications and permits.

It shall be unlawful to commence the erection of any permanent sign or to commence the moving or alteration of any permanent sign until the Zoning Officer has issued a sign permit for such work.

Violations. Any of the following shall be a violation of this section and shall be subject to the enforcement remedies and penalties provided by this section and by state law:

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the premises on which the sign is located;

To install, create, erect or maintain any sign requiring a permit without such a permit;

To fail to remove any sign that is installed, created, erected or maintained in violation of this section; or

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this section.

§ 220-36 Roadway classifications.

For the purposes of this chapter, the Borough's roads shall be classified in the following categories:

Arterial roads:

North Main Street and South Main Street.

East High Street and West High Street.

New Charlotte Street (east of South Main Street).

Collector roads:

Colebrook Street.

Local roads: All roads not listed as arterial roads or collector roads.

§ 220-37 Permanent/temporary occupancy requirements.

§ 220-38 Operations and performance standards.

Noise pollution and vibration. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Air pollution, airborne emissions and odor. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Water pollution. The Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1 et seq., as amended.

Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219, the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3301 et seq.

Glare and heat. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Handicap access. The latest version of the Pennsylvania Universal Accessibility Standards.

Floodplain protection. The Manheim Borough Floodplain Ordinance (Chapter 124).

§ 220-39 Common open space requirements.

In those instances where open space is required elsewhere in this chapter, or when an applicant proposes the use of open space, such open space shall comply with the following:

Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

Protection of important historical and/or archaeological sites.

Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Borough.

Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features.

An offer of dedication to the Borough. The Borough shall not be obligated to accept dedication of the common open space.

Editor's Note: See 53 P.S. 10701 et seq.

The Borough may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.

§ 220-40 Agricultural, horticultural and/or forestry-related uses.

As permitted in Article II, agricultural, horticultural and/or forestry-related uses are subject to the following.

Minimum lot area requirements: 10 acres.

Minimum lot width: 250 feet.

Minimum setback requirements.

Front setback: 50 feet.

Side setback: 50 feet on each side (100 feet total).

Rear setback: 50 feet.

Special setback requirements.

Maximum permitted height: 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.

Maximum lot coverage: 10%.

All lanes exclusively serving agricultural, horticultural and/or forestry-related uses shall be exempt from driveway and access drive requirements.

Permitted accessory uses include, but are not limited to, the following:

Roadside stands for the sale of agricultural products, subject to the following:

Any structure used to display such goods and related parking shall be no more than 2,000 square feet in size and shall be located at least 25 feet from any property line.

At least 1/2 of the products displayed for sale must have been produced on the premises.

Off-street parking shall be provided for all employees and customers.

Any signs used shall be attached to the roadside stand structure and shall not exceed 10 square feet in total area nor exceed a maximum height of 15 feet.

Family day-care facilities, as defined herein.

Manure storage facilities, subject to the following regulations:

Beekeeping, subject to the following:

It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.

Colonies shall be maintained in movable frame hives.

Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.

In no case shall hives be located within 25 feet of any property line.

Hives shall not be oriented to children's play areas or neighboring properties.

Adequate techniques in handling bees, such as re-queening, and adequate hive space shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.

One single-family detached dwelling.

§ 220-41 Drive-through requirements.

Except as required elsewhere within this chapter, all uses involving the use of drive-through lanes shall comply with the following:

Each drive-through lane shall have sufficient length between the street and the service window/teller/bay to accommodate at least five vehicles.

All drive-through lanes shall be separated from the parking lot's interior driveways by the use of curbs and/or planting islands.

Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

§ 220-42 Murals.

Design guidelines. The following guidelines are to be utilized by the design professional and the property owner in the creation of an acceptable mural design.

The mural shall provide a representation of a historic theme or event that is indicative of the Borough. Such theme or event could represent a historic event, business or era.

Painting regulations. The following regulations shall serve as the minimum acceptable standards for the actual creation of the mural.

The mural may be painted either directly on the building's surface or on super-flex material and then stretched over a space on the building.

Painting directly on the building shall incorporate, but not be limited to, the following steps:

Power washing and/or an appropriate chemical cleaning of the wall area and all affected surfaces;

Use of an acrylic latex primer, allowing an appropriate drying time in accordance with manufacturers' recommendations;

Use of oil-based paint; and

Application of a clear acrylic latex sealer (after an appropriate curing time).

Eligibility standards.

Maintenance standards.

These standards are provided to assure that the property owner is aware of his/her/its/their obligation that the mural will be properly and fully maintained well into the future.

Permitting. The permit application shall contain the following:

Name, address and phone number of the applicant.

Relationship of the applicant to the project (property owner, artist, etc.).

Address of the property, including a description of the wall that will be affected.

General description of the mural.

A rendering of the proposed mural.

Name, address and phone number of the artist, including the required portfolio and references.

Anticipated project cost.

Outline of painting process.

Projected start and finish dates.

The Historic Commission and the Planning Commission will review the mural design(s) based on the following criteria:

Historic accuracy or depiction of an approved theme.

Appropriate usage and selection of color.

Appropriate use of lettering and overall aesthetics.

Recognition/approval of the artist.

The Planning Commission shall add any comments and/or recommendations to the application packet, and the matter shall be forwarded to Borough Council for its consideration.

Manheim City Zoning Code

ARTICLE III

General Provisions

§ 220-23 Applicability.

The regulations contained within this Article III shall apply to all uses within the Borough.

§ 220-24 Accessory uses and structures.

Fences and walls.

No fence shall block motorist's view of vehicles entering or exiting the property or any other private or public street, alley or right-of-way.

Swimming pools.

All aboveground pools four feet in height with removable stairs, flip-up stairs or lockable gate on the stairs do not require a fence.

All pools with an electric pump shall meet the current building code requirements.

All permanent pools shall be located in the side or rear yard and shall be a minimum of 10 feet from property lines.

All pools regulated by the building code shall require a building permit.

All regulated pools shall require a zoning permit.

All permanent pools shall have an operable filtration system utilizing chlorine, bromine or other antibacterial agent.

These regulations shall not apply to man-made ponds, lakes or other impoundments unless the primary use for their construction is swimming.

Portable on-demand storage units.

PODS® shall be prohibited in the flood zone.

Enforcement and penalties.

Satellite dish antennas.

All installations must comply with all accessory use, yard, height, bulk and setback requirements specified within the zone.

All installations shall be located (where possible) to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

The following diagrams present illustrative examples of a required screening and landscaping treatment.

All screening and landscaping requirements can be waived if the satellite dish antenna is at least 100 feet from any property line.

No transmission of video format data shall be permitted.

No transmission of video format data shall be permitted.

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines.

In any C-1 or I Zone, ground-mounted satellite dish antennas up to 12 feet in diameter may be permitted by right, subject to the following criteria:

All principal use installation shall comply with the area, height, bulk and setback standards imposed upon principal uses.

All accessory use installations shall be located within those yards specified for other accessory uses within the zone and comply with other accessory use requirements.

In any C-1 or I Zone, roof-mounted satellite dish antennas may be permitted by right, subject to the following criteria:

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines.

Ornamental ponds and wading pools.

Such structures shall comply with all accessory use setbacks.

No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding two feet.

All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.

No such pond(s) shall be used for the commercial hatching of fish or other species.

Man-made lakes, dams and impoundments.

All lakes, dams, ponds and impoundments may be permitted in any zone, subject to the following:

The dam, pond or impoundment contains a volume of at least 50 acre-feet.

The dam reaches a height of 15 feet.

The dam, pond or impoundment impounds the water from a watershed of at least 100 acres.

All dams, ponds and impoundments shall be located at least 75 feet from adjoining lot lines and any subsurface sewage disposal system or well.

Requirements for fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

All vehicles shall be maintained with proper licensure.

All work shall be performed on the vehicle owner's (lessee's) property of residence.

The complete repainting of the body.

The application of undercoating.

All by-products or waste fuels, lubricants, chemicals and other products shall be properly disposed of.

All activities provided in § 220-24J(3) shall be conducted during daylight hours or within an enclosed garage so as not to disturb neighboring residents.

Use of compressed-air-driven tools shall be limited so as not to disturb neighboring residents owing to noise.

The practice of jacking up or raising a vehicle off the ground shall be permitted for limited periods, subject to the following:

The area on which the vehicle is located shall be relatively level and shall be somewhat remote to passersby.

The method of raising the vehicle shall be safe and shall provide a structurally stable base which can resist lateral forces.

The vehicle shall not be left unattended for prolonged periods.

The work area shall not be readily accessible to or create an attractive nuisance for children.

Vehicles which are located in an enclosed garage are exempt from the provisions of § 220-24J(7)(a) through (d).

The letter shall state that the proposed project is one which is legal and for which there is a need and purpose.

The letter shall provide copies of any specific criteria which the agency requires the applicant to comply with in the raising and release of the specific animal(s).

One sheep; or

One goat.

The animal(s) associated with a pet project shall be housed in a proper pen, the design for which shall be submitted for review and approval and shall provide as follows:

The keeper of such animal(s) shall show that adequate facilities for the feeding and watering of the subject animal(s) will be provided.

The keeper of such animal(s) shall show that the feed and bedding shall be stored and kept in ratproof, weatherproof and fly-tight containers, and that every such container shall be kept closed.

The height of the fencing shall be sufficient to keep the animal(s) within the pen and shall be adequately constructed to prevent the animal(s) from being able to escape from its confines.

The pet project shall not be related to the raising of any animal(s) for commercial use or for profit.

In addition to the provisions found herein, the applicant's activities shall be required to be in accordance with any and all state and federal guidelines.

The applicant for a pet project shall provide credible evidence that the subject premises is in compliance with the provisions of household pet with reference to the limit of four adult animals.

Animal(s) which are not specifically listed herein are intended to be excluded and will be handled on a case-by-case basis by the Zoning Hearing Board as a variance.

No portion of these provisions shall be interpreted to replace or modify the provisions of kennels as provided herein.

No portion of these provisions shall be interpreted to replace or modify any of the provisions of Chapter 84, Animals, of the Code of Ordinances, also known as Ordinance No. 524.

Dumpsters shall be enclosed on three sides with an opaque architectural screen, fence or wall that is a minimum of six feet and maximum of eight feet in height.

Dumpsters shall have an attached lid which shall be kept closed when not in immediate use.

The dumpster area shall remain clean and free from trash, litter, bags, boxes, rubbish, garbage, etc.

This section shall not apply to dumpsters that are placed for construction, demolition or any other temporary purpose.

If there are any conflicts with existing dumpster requirements within other Borough ordinances, the most restrictive shall apply.

§ 220-25 Outdoor storage.

For the purposes of this section, recreational vehicles shall be divided into two separate categories:

Trash, garbage, refuse or junk. The outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited.

Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties.

§ 220-26 Front setbacks and setback modifications.

New developments. The following table shall be utilized:

Street or Extension Thereof	Required Setback as Measured from the Center Line of Existing or Proposed Street
North Main Street	90', except that all buildings located along Main Street between Colebrook Street and Stiegel Street shall be located along a 10' front build-to-line, as measured from the edge of the right-of-way
South Main Street
East High Street	80'
New Charlotte Street (east of Main Street)
North Penn Street	60'
South Penn Street
North Linden Street
South Linden Street
Hamaker Road
West Colebrook Street (west of Main Street)
Adele Avenue (east of North Laurel Street)
All other existing and proposed streets	50' or the width of a proposed right-of-way, whichever is greater

Accessory or appurtenant structures. The setback regulations do not apply to:

Bus shelters, telephone booths and cornices, eaves, chimneys, steps, canopies and similar extensions, but do apply to porches and patios, whether covered or not.

Open fire escapes.

Minor public utility structures, articles of ornamentation or decoration.

Fences, hedges and retaining walls.

§ 220-27 Height limit exceptions.

Water towers, antennas, steeples, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles or other similar structures.

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans and other mechanical appurtenances.

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.

§ 220-28 Corner lots.

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts.

§ 220-29 Minimum habitable floor area.

All dwelling units must conform to the minimum habitable floor area following:

Single-family, duplex and townhouse dwelling units: 700 square feet per dwelling unit.

Multifamily dwellings: 700 square feet per dwelling unit.

Conversion apartments: 700 square feet per dwelling unit.

Efficiency apartments: 500 square feet per dwelling unit.

Accessory dwelling suites: between 450 to 550 square feet per dwelling unit.

§ 220-30 Erection of more than one principal use on lot.

§ 220-31 Required vehicular access.

§ 220-32 Off-street parking requirements.

Site plan approval.

No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

Surfacing. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials or another dust-free surface approved by the Borough Council.

Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices which are arranged so that parked cars cannot project into the streets, yards or walkways.

Parking space sizes. Minimum space required for standard car spaces:

Parallel: 23 feet by eight feet.

Nonparallel: 19 feet by nine feet.

Editor's Note: See 42 U.S.C. § 12101 et seq.

Interior drive widths.

Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table:

Angle of Parking	Width of Driveway, One-Way Traffic (feet)	Width of Driveway, Two-Way Traffic (feet)
90°	25	25
60°	20	22
45°	18	22
30°	11	22
Parallel	11	22

Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic.

Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.

All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.

Editor's Note: See Ch. 192, Subdivision and Land Development.

Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots:

Landscaped Strip.

Number of Spaces in Parking Lot, Including Joint Facilities	Landscape Strip Width Measured from Street Right-of-Way Line (feet)
Less than 100	5
100 to 250	15
Over 250	20

Interior landscaping.

Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang.

Screening. When a parking lot is located on property which adjoins land in a residential zone, the parking lot shall be screened from the adjoining residential property.

Speed bumps.

Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes.

The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.

There shall be a warning sign posted at each entrance to a parking area having speed bumps.

In no case shall the overall height (or depth) of speed bumps exceed three inches.

The sale, display or storage of automobiles or other merchandise.

Parking/storage of vehicles accessory to the use.

Performing services (including services to vehicles).

Required off-street parking space shall not be used for loading and unloading purposes, except during hours when business operations are suspended.

Type of Use	Minimum of One Off-Street Parking Space for Each
Commercial Uses
Automobile repair, filling and washing facilities	400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, and 1 per employee on major shift
Automobile, boat and trailer wales	1,000 square feet of gross indoor and outdoor display areas
Carpeting, drapery, floor covering and wall covering sales	500 square feet of gross floor area
Convenience stores	75 square feet of gross floor area
Drive-through and/or fast food restaurants	2 seats, plus 1 for each 2 employees
Food market and grocery store	150 square feet of gross floor area for public use, and 1 per each employee on 2 largest shifts
Funeral homes	100 square feet of gross floor area, plus 1 per each employee and 1 per each piece of mobile equipment, such as hearses and ambulances
Furniture sales	500 square feet of gross floor area
Hotels, motels, tourist homes	Guest sleeping room, plus 1 per each employee on 2 largest shifts (restaurants and other accessory uses shall add to this requirement)
Mini warehouses	25 units, plus 1 per 250 square feet of office space, plus 2 per any resident manager
Office buildings	300 square feet of gross floor area
Professional offices of veterinarians, physicians, dentists, etc.	4 spaces per each physician or dentists, etc., plus 1 space per each support staff employee
Retail stores or shops (except those listed above)	200 square feet of gross floor area of display area or sales area, plus 1 per each employee on 2 largest shifts
Restaurants	4 seats, plus 1 per each employee on largest shift
Shopping centers or malls	182 square feet of gross leasable floor area
Other commercial buildings	400 square feet of gross floor area
Industrial Uses
Industrial and heavy manufacturing establishments	2 employees on the 2 largest shifts, or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number
Warehousing	Employee on the 2 largest shifts
Recreation Uses
Amusement arcades	80 square feet of gross floor area
Athletic fields	4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site. Such area must provide sufficient numbers of parking spaces to serve all users of the site and include a fence delineating such parking area
Bowling alleys, billiard rooms	1 for each 4 lanes/tables, plus 1 per each 2 employees
Campgrounds	Campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf courses	1 for each 8 holes, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Golf driving ranges	Tee, and 1 per employee
Miniature golf courses	1 for each 2 holes, plus 1 per employee
Riding schools or horse stables	2 stalls, plus 1 per every 4 seats of spectator seating
Picnic areas	Table
Skating rinks	4 persons of legal occupancy
Swimming pools (other than one accessory to a residential development	4 persons of legal occupancy
Tennis or racquetball clubs	1 for every 4 courts, plus 1 per employee, plus 50% of the spaces normally required for accessory uses
Residential Uses
Residential dwellings	1 for every 2 dwelling units (i.e., 2 parking spaces per dwelling unit)
Boarding houses, group homes and bed-and-breakfasts	Bedroom
Social and Institutional Uses
Auditorium, banquet, conference and meeting facilities; church, theater and other such places of public assembly	200 square feet, but not less than 1 parking space for each 2 seats
Clubs, lodges and other similar places	200 square feet of gross floor area, plus 1 per each employee on 2 largest shifts
Nursing, rest or retirement homes	3 accommodations (beds), in addition to those needed for doctors and support staff
Hospitals, sanitariums	Spaces shall be provided for visitors at the rate of at least 1 space for each 1 1/2 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel
Museums, art galleries, cultural centers, libraries	400 square feet of gross floor area
Rehabilitation centers (without overnight accommodations	Employee, plus 1 per each 3 people anticipated to be handled through the facility
Schools below grade 10, including commercial day care and kindergarten	6 students enrolled
Schools, 10th grade and above, including colleges	3 students enrolled
Vocational training and adult education facilities	1 1/2 students enrolled

Off-site parking. Of the required off-street parking spaces required by this section, up to 20% of such spaces can be located off the subject property, subject to the following limitations:

The parking lot shall contain no more than 20 total parking spaces.

Adequate area does not exist on the subject property to provide the number of parking spaces needed for the use and that such lack of area is not due to new building or use expansion.

The location and configuration of driveways or access points shall not endanger pedestrians nor create traffic hazards.

Light, if necessary, shall be arranged so as to not cast glare on adjoining residentially zoned properties.

§ 220-33 Off-street loading facilities.

A new use is established.

The use of a property or building is changed, thereby requiring more loading space.

An existing use is enlarged, thereby requiring an increase in loading space.

Site plan approval.

No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.

Required off-street loading facilities' sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):

Facility	Length (feet)	Width (feet)	Height (if Covered or Obstructed) (feet)
Industrial, wholesale and storage uses	63	12	15
All other uses	33	12	14

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected or cause glare off the site.

Schedule of off-street loading spaces required.

Type of Use	Number of Spaces	Per Gross Floor Area or Dwelling Unit
Hospital or other institution	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Hotel, motel and similar lodging facilities	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Industry or manufacturing	0	First 2,000 square feet
	1.0	2,000 to 25,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)
Multi-family dwelling	None	Less than 100 dwelling units
	1.0	100 to 300 dwelling units
	+1.0	Each additional 200 dwelling units (or fraction)
Office building, including banks facilities	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Retail sales and services, per store, restaurants	0	First 2,000 square feet
	1.0	2,000 to 10,000 square feet
	2.0	10,000 to 40,000 square feet
	+2.0	Each additional 100,000 square feet (or fraction)
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet	1.0	25,000 square feet up to 100,000 square feet (or fraction)
	+1.0	Each additional 100,000 square feet (or fraction)
Theater, auditorium, bowling alley or other recreational establishment	0	First 10,000 square feet
	1.0	10,000 to 100,000 square feet
	+1.0	Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor	0	First 3,000 square feet
	1.0	3,000 to 5,000 square feet
	+1.0	Each additional 10,000 square feet (or fraction)
Wholesale or warehousing (except mini-warehousing)	0	First 1,500 square feet
	1.0	1,500 to 10,000 square feet
	+1.0	Each additional 40,000 square feet (or fraction)

§ 220-34 Screening and landscaping requirements.

Landscaping requirements.

At least 50% of the screen planting specimens shall be evergreens, distributed evenly along the length of the screen barrier.

Screen planting may incorporate earthen berms not exceeding 30 inches in height.

Selection of plant materials.

Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained.

Native plant materials shall be utilized as much as is practicable.

§ 220-35 Outdoor signs.

Definitions. As used in this section, the following terms shall have the meanings indicated:

SIGN

ABANDONED SIGNA sign that no longer identifies or advertises a location, current product or current activity conducted on the premises on which the sign is located.

ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or to create a visual effect or scene.

BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.

COMMERCIAL MESSAGEAny sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMMERCIAL TENANTA tenant of commercial property owned by a landlord; the primary or only use is commercial, business or industrial oriented.

FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. (See Appendix.[1])

(16)

GROUND SIGNA freestanding sign, other than a pole sign, in which the entire bottom is in contact with the ground.

(17)

(18)

LUMINOUS SIGNAny sign which contains a light shining from any source within the body of the sign.

(19)

MANUAL CHANGEABLE COPY SIGNA sign in which the copy or symbols are changed manually through placement of characters of symbols on a sign face.

(20)

MARQUEE SIGNAny sign attached to, in any manner, or made part of a marquee.

(21)

NONCONFORMING SIGNAny sign which does not conform to the requirements of this section.

(22)

PENNANTAny lightweight plastic, fabric, or other material with or without a message, typically existing in series, designed to move in the wind, and suspended from a rope, wire, or string.

(23)

POLE SIGNA sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

(24)

(25)

PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. (See Appendix.[2])

(26)

(27)

REAL ESTATE SIGNA sign relating to the property on which it is located offering such property for sale, lease or rent, including open house signs.

(28)

(29)

ROOF SIGNAny sign erected and constructed wholly on and over the roof of building supported by the roof structure, and extending vertically above the highest portion of the roof. (See Appendix.[3])

(30)

(31)

SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(32)

SYMBOL SIGNAn image, icon or character used instead of a word to identify the provided service or use of the occupied space.

(33)

TEMPORARY SIGNAny sign that is not permanently mounted on or affixed to the ground, a building or display window.

(34)

(35)

Editor's Note: Said Appendix is on file at the Borough.

Editor's Note: Said Appendix is on file at the Borough.

[3]

Editor's Note: Said Appendix is on file at the Borough.

[4]

Editor's Note: Said Appendix is on file at the Borough.

Applicability, effect.

The effect of this subsection, as more specifically set forth herein, is as follows:

To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

To prohibit all signs not expressly permitted by this subsection; and

To provide for enforcement of the provisions of this subsection.

Computations. The following regulations shall control the computation of sign area and sign height:

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces.

Design, construction, and maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:

All signs shall comply with applicable provisions of any building and electrical codes as adopted by the Borough.

Name and address of resident. Name and address of resident, but not to include any commercial advertising, of not more than two square feet in sign area.

Memorial signs or tablets. Memorial signs or tablets and signs denoting the date of erection of buildings.

Light sources which cast light on signs unless shielded by opaque material so that bulbs are not visible from off the property on which the signs are located.

Any sign or sign structure which constitutes a hazard to public safety or health.

Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required building exit.

Any sign which advertises a defunct business or product no longer sold.

Signs on public property or public rights-of-way, unless erected by a governmental body, required to be so located by order of a governmental body or in compliance with Subsection F(8).

Signs painted on or inappropriately attached to, or supported by a street sign or street light or any natural object unless specifically permitted within this section.

Electric message signs whether illuminated or not. Electric message signs shall be reviewed through the special exception process.

Signs in the public right-of-way. No sign shall be allowed in the public right-of-way, except for the following:

Permanent signs. Permanent signs, including:

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic;

Bus stop signs erected by a public transit company;

Identification signs of a public utility regarding its poles, lines, pipes or facilities.

Temporary signs. Temporary signs, including:

Public signs erected by or on behalf of a governmental body to post legal notices, convey public information and direct or regulate pedestrian or vehicular traffic;

Signs announcing special events of charitable or public service groups, provided such signs shall be approved by the Borough and the Commonwealth, if applicable, and shall:

Be limited to a maximum size of 32 square feet in area; and

Be removed as soon as the event or activity thereby has occurred and shall not be permitted to exist more than 30 days prior to such event or activity.

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

Signs allowable by permit in zoning areas and districts. Signs are allowable by permit in the Borough as follows:

Residential R-1, Residential R-2, Residential R-3, and Residential R-4 Districts.

Certain signs allowed in all zones.

All signs are also subject to all other applicable regulations of this subsection.

Central Business District (CBD) and Conversion Office and Apartment (COA) Zones.

Certain signs allowed in all zones.

Business identification signs, informational signage and promotional signage.

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare. Luminous signs are prohibited.

All signs are also subject to all other applicable regulations of this subsection.

Commercial - Highway Commercial Zone (C1).

Certain signs allowed in all zones.

Business identification signs, informational signage and promotional signage.

Projecting signs shall be no higher than the eave line of the building, and subject to size as stated in Subsection M(1).

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

Luminous signs shall be reviewed through the special exception process.

Real estate signs shall not exceed 24 square feet and shall be removed within one week after settlement on the sale or lease of the property. Such signs are limited to one per street frontage.

All signs are also subject to all other applicable regulations of this subsection.

Industrial (C-1) and Planned Industrial/Corporate Center Zones.

Certain signs permitted in all zones.

Business identification signs, informational signage and promotional signage.

The total area of all signs and signage shall not exceed 100 square feet for the first 100 linear feet, or fraction thereof, of public street frontage. An additional 50 square feet of sign area is permitted for each additional 100 linear feet of frontage, or fraction thereof, not to exceed three 300 square feet for the entire property (including doors and windows). Under no circumstances shall the size of any one sign exceed 64 square feet, however, the total surface area of any freestanding sign shall not exceed 48 square feet.

Projecting signs shall be no higher than the eave line of the building, and subject to size as stated in Subsection M(1).

If lighted, signs shall be illuminated by incident rays adequately shielded to avoid glare.

Luminous signs shall be reviewed through the special exception process.

Real estate signs shall not exceed 40 square feet and shall be removed within one week after settlement on the sale or lease of the property. Such signs are limited to one per street frontage.

All signs are also subject to all other applicable regulations of this subsection.

Additional criteria for certain sign types and uses.

Projection signs in addition to the other applicable provisions of this subsection, the following regulations shall apply to all projecting signs:

No portion of any projecting sign shall be less than eight feet above normal grade as defined in Subsection D(3).

No single face of a projecting sign shall exceed 15 square feet in sign area. No projecting sign shall have a vertical dimension greater than six feet.

Wall signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all wall signs:

No wall sign shall extend above the top of the wall upon which it is placed.

No wall sign shall extend beyond the left and right extremities of the wall to which it is attached.

Freestanding signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all freestanding signs.

A freestanding sign shall have no more than two faces or advertising sides.

No freestanding sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of 10 lineal feet.

Not more than one pole sign may be erected or maintained on a single premises.

Pole signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all pole signs.

Pole signs shall be no less than eight feet and not more than 15 feet above the curbline.

A pole sign shall have no more than two faces or advertising sides, opposite of one another.

No pole sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of nine lineal feet.

Pole signs may be used as way finding signs or signs of the Commonwealth or Borough.

Not more than one pole sign may be erected or maintained on a single premises.

Roof signs. In addition to the other applicable provisions of this subsection, the following regulations shall apply to all roof signs:

The highest point of a roof sign shall not exceed the building height limitation as provided in this section as applicable to the pertinent zoning district.

Not more than one roof sign may be erected or maintained on a single premises.

Applications and permits.

It shall be unlawful to commence the erection of any permanent sign or to commence the moving or alteration of any permanent sign until the Zoning Officer has issued a sign permit for such work.

Violations. Any of the following shall be a violation of this section and shall be subject to the enforcement remedies and penalties provided by this section and by state law:

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the premises on which the sign is located;

To install, create, erect or maintain any sign requiring a permit without such a permit;

To fail to remove any sign that is installed, created, erected or maintained in violation of this section; or

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this section.

§ 220-36 Roadway classifications.

For the purposes of this chapter, the Borough's roads shall be classified in the following categories:

Arterial roads:

North Main Street and South Main Street.

East High Street and West High Street.

New Charlotte Street (east of South Main Street).

Collector roads:

Colebrook Street.

Local roads: All roads not listed as arterial roads or collector roads.

§ 220-37 Permanent/temporary occupancy requirements.

§ 220-38 Operations and performance standards.

Noise pollution and vibration. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Air pollution, airborne emissions and odor. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Water pollution. The Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1 et seq., as amended.

Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219, the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S. § 3301 et seq.

Glare and heat. Rules and Regulations of the Pennsylvania Department of Environmental Protection.

Handicap access. The latest version of the Pennsylvania Universal Accessibility Standards.

Floodplain protection. The Manheim Borough Floodplain Ordinance (Chapter 124).

§ 220-39 Common open space requirements.

In those instances where open space is required elsewhere in this chapter, or when an applicant proposes the use of open space, such open space shall comply with the following:

Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

Protection of important historical and/or archaeological sites.

Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Borough.

Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features.

An offer of dedication to the Borough. The Borough shall not be obligated to accept dedication of the common open space.

Editor's Note: See 53 P.S. 10701 et seq.

The Borough may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.

§ 220-40 Agricultural, horticultural and/or forestry-related uses.

As permitted in Article II, agricultural, horticultural and/or forestry-related uses are subject to the following.

Minimum lot area requirements: 10 acres.

Minimum lot width: 250 feet.

Minimum setback requirements.

Front setback: 50 feet.

Side setback: 50 feet on each side (100 feet total).

Rear setback: 50 feet.

Special setback requirements.

Maximum permitted height: 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.

Maximum lot coverage: 10%.

All lanes exclusively serving agricultural, horticultural and/or forestry-related uses shall be exempt from driveway and access drive requirements.

Permitted accessory uses include, but are not limited to, the following:

Roadside stands for the sale of agricultural products, subject to the following:

Any structure used to display such goods and related parking shall be no more than 2,000 square feet in size and shall be located at least 25 feet from any property line.

At least 1/2 of the products displayed for sale must have been produced on the premises.

Off-street parking shall be provided for all employees and customers.

Any signs used shall be attached to the roadside stand structure and shall not exceed 10 square feet in total area nor exceed a maximum height of 15 feet.

Family day-care facilities, as defined herein.

Manure storage facilities, subject to the following regulations:

Beekeeping, subject to the following:

It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.

Colonies shall be maintained in movable frame hives.

Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.

In no case shall hives be located within 25 feet of any property line.

Hives shall not be oriented to children's play areas or neighboring properties.

Adequate techniques in handling bees, such as re-queening, and adequate hive space shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.

One single-family detached dwelling.

§ 220-41 Drive-through requirements.

Except as required elsewhere within this chapter, all uses involving the use of drive-through lanes shall comply with the following:

Each drive-through lane shall have sufficient length between the street and the service window/teller/bay to accommodate at least five vehicles.

All drive-through lanes shall be separated from the parking lot's interior driveways by the use of curbs and/or planting islands.

Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

§ 220-42 Murals.

Design guidelines. The following guidelines are to be utilized by the design professional and the property owner in the creation of an acceptable mural design.

The mural shall provide a representation of a historic theme or event that is indicative of the Borough. Such theme or event could represent a historic event, business or era.

Painting regulations. The following regulations shall serve as the minimum acceptable standards for the actual creation of the mural.

The mural may be painted either directly on the building's surface or on super-flex material and then stretched over a space on the building.

Painting directly on the building shall incorporate, but not be limited to, the following steps:

Power washing and/or an appropriate chemical cleaning of the wall area and all affected surfaces;

Use of an acrylic latex primer, allowing an appropriate drying time in accordance with manufacturers' recommendations;

Use of oil-based paint; and

Application of a clear acrylic latex sealer (after an appropriate curing time).

Eligibility standards.

Maintenance standards.

These standards are provided to assure that the property owner is aware of his/her/its/their obligation that the mural will be properly and fully maintained well into the future.

Permitting. The permit application shall contain the following:

Name, address and phone number of the applicant.

Relationship of the applicant to the project (property owner, artist, etc.).

Address of the property, including a description of the wall that will be affected.

General description of the mural.

A rendering of the proposed mural.

Name, address and phone number of the artist, including the required portfolio and references.

Anticipated project cost.

Outline of painting process.

Projected start and finish dates.

The Historic Commission and the Planning Commission will review the mural design(s) based on the following criteria:

Historic accuracy or depiction of an approved theme.

Appropriate usage and selection of color.

Appropriate use of lettering and overall aesthetics.

Recognition/approval of the artist.

The Planning Commission shall add any comments and/or recommendations to the application packet, and the matter shall be forwarded to Borough Council for its consideration.