Manheim Township City Zoning Code
PART 3
GENERAL PROVISIONS
§ 301 Accessory Uses and Buildings.
[Ord. 2002-01, 2/7/2002, § 301; as amended by Ord. 2008-01, 10/20/2008]
1.
Attached Buildings. A permanent roofed accessory structure, attached to the principal building, is considered a part of the principal building for all regulatory purposes.
2.
Nonattached Buildings.
A.
Permanent roofed accessory structures standing apart from the principal building shall be located in accordance with the setbacks of the underlying zone.
B.
A nonattached accessory building (storage shed) not exceeding 200 square feet in floor area and 10 feet in height may be placed within five feet of a side or rear property line. There shall be no exterior storage of any type between the structure and the property line(s).
C.
For all other requirements, except as specified herein, a nonattached structure is considered a part of the principal building.
D.
Portable Storage Units.
(1)
No portable storage unit shall be located within 10 feet of any street right-of-way.
(2)
A portable storage unit shall be no larger than eight feet wide, 16 feet long and eight feet high if located less than 500 feet from a dwelling not owned by the owner of the portable storage unit.
(3)
No portable storage unit shall remain in a residential zoning district in excess of 14 consecutive days, and portable storage units shall not be placed on a lot in a residential zoning district in excess of 30 days in any calendar year.
(4)
No portable storage unit shall remain on a lot in a nonresidential zoning district in excess of 30 consecutive days, and portable storage units shall not be placed on a lot in a nonresidential zoning district in excess of 45 days in any calendar year.
(5)
A portable storage unit shall be permitted during construction, reconstruction, alteration or renovation of the principal building and for an additional period of three days before and after such activity, provided that a construction and/or zoning permit has been issued by the Township. The portable storage unit shall be removed from the lot before the Township Zoning Officer issues a certificate of occupancy and/or use or if the construction activity ceases for a period of more than seven consecutive days.
(6)
A portable storage unit may be located on a lot during an emergency situation as declared by the appropriate federal, state, county, or Township agency. The portable storage unit shall be removed from the lot within seven days after the end of the emergency declaration by the appropriate federal, state, county, or Township agency.
3.
Fences and Walls.
[Amended by Ord. 2010-2, 7/19/2010]
A.
Within a Conservation, Agricultural, Rural Residential or Village Zone, no fence or wall except an agricultural fence, required junkyard, antenna, or tennis court wall or fence, or a retaining wall of a building permitted under the terms of this chapter:
(1)
Shall be erected within five feet of any street line.
(2)
May be erected along established property lines unless a written agreement between affected property owners is provided addressing maintenance of the fence and location of actual property lines. If a written agreement cannot be provided, fences shall be set back from a side or rear property line at least two feet.
(3)
Shall be erected to height of more than four feet in a front yard area.
(4)
May be erected to a maximum height of six feet within a front yard area unless the fence or wall is set back a distance of two additional feet from the street line for each additional one foot or fraction thereof of height above four feet.
(5)
Shall be erected to a height of more than six feet in any other yard area.
B.
Within any General Commerce Zone, no fence or wall shall be erected to a height of more than 10 feet in any yard. No fence shall block a motorist's view of vehicles entering or exiting the property.
§ 302 Outdoor Signs.
[Ord. 2002-01, 2/7/2002, § 302]
1.
Statement of Purpose. The purposes of this section are as follows:
[Amended by Ord. No. 2017-01, 9/18/2017]
A.
To promote adopted comprehensive planning and zoning objectives;
B.
To improve the safety of pedestrians, vehicular traffic and property;
C.
To enhance the aesthetic environment;
D.
To minimize adverse effects of signs on nearby property;
E.
To otherwise promote the public health, safety, morals, and general welfare of the community;
F.
To regulate the use of permanent signs through a sign permitting process and temporary signs through time limitations and placement standards; and
G.
To enable the fair and consistent enforcement of these sign regulations.
2.
Sign Area and Height. The following guidelines shall apply when interpreting area and height regulations in this Part:
A.
Area. The area of a sign shall be the area of the smallest rectangle, triangle or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs or other display.
(1)
When the sign is a separate unit, the area shall include any borders, framing, trim, decorative attachments, background, and space between elements; it shall not include any supporting structure, unless that structure is illuminated, is in the form of a symbol, or contains advertising elements.
(2)
When the sign is applied to a wall or otherwise has no definable edges, the area shall include all color, artwork or other means used to differentiate the sign from the surface upon which it is placed.
(3)
When a single sign structure has more than one face with the same message, and no two sign faces are more than three feet apart at any point, the area shall be computed by determining the total area of one sign face.
B.
Height. The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and prior to any earth disturbance at the site. This prior ground level may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person(s) shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.
3.
Location/Projection of Signs.
[Amended by Ord. No. 2017-01, 9/18/2017]
A.
Signs must be located so that they do not interfere with any clear sight triangle as defined by this chapter.
B.
For all uses, any advertising billboard sign and any business sign must be at least 60 feet apart.
C.
No sign other than official government and traffic control signs shall be located within any public right-of-way.
D.
No sign shall project more than 35 feet above the ground.
E.
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.
F.
No sign shall be permitted to be attached to public utility poles, or trees that are in the public right-of-way of any street.
G.
Any temporary sign proposed for suspension or projection above any public right-of-way shall be conditioned upon the sign owner obtaining, and maintaining in force, liability insurance for such sign in such form and in such amount as may reasonably be determined from time to time by the Township. In addition to the above, the suspension or projection of such sign shall be in compliance with all state, including the Pennsylvania Department of Transportation, and local rules and regulations.
4.
Illumination of Signs.
A.
Rotating and intermittent lights are permitted only in the General Commerce District. All such signs must be shielded from neighboring residential uses.
B.
Signs permitted in the Village or General Commerce Zones may be illuminated by direct or indirect lighting. Signs permitted in the Rural Residential Zone may only be illuminated by indirect lighting. All illuminated signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m.
C.
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any adjacent residence or so it does not obstruct the vision of motorists.
5.
Signs Painted on Buildings. Advertising painted upon or displayed upon a building or structure shall be regarded as an advertising sign, and the regulations pertaining thereto shall apply.
6.
Signs Within a Building. Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window and/or door, announcing a sale or similar feature, provided that the latter shall not occupy more than 33 1/3% of the total display window or door area. Such signs shall be permitted in addition to any of the specific sign types designated in the charts to follow. Such signs, if illuminated, are subject to the provisions of Subsection 4 above.
7.
Construction and Maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated:
A.
No sign shall be allowed to be in a state of disrepair so as to have the appearance of complete neglect, which is rotting or falling down, which is illegible or has loose parts separated from original fastenings.
B.
Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five days.
8.
Termination of Enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to such enterprise must be removed.
9.
Advertising Signs. Advertising signs shall be permitted in the V and GC Zones only, subject to the following criteria:
A.
No advertising sign shall exceed an overall size of 64 square feet or exceed 20 feet in height.
B.
No advertising sign shall be located within 300 feet of another advertising sign.
C.
All advertising signs shall be set back a minimum of 35 feet from any street right-of-way line.
D.
All advertising signs shall be set back a minimum of 50 feet from all side and rear property lines.
E.
No advertising sign shall obstruct the vision of motorists or adjoining commercial or industrial uses that depend upon visibility for identification.
10.
Portable signs shall be permitted only in the Village and General Commercial Zones as follows:
[Amended by Ord. No. 2017-01, 9/18/2017]
11.
Nonconforming Signs. Any permanent sign legally existing at the time of the passage of this chapter that does not conform in use, location, height, or size with the regulations of this chapter shall be considered a nonconforming use and may continue in its present location until it is replaced or rebuilt, at which time the sign must be brought into conformity with this chapter.
[Amended by Ord. No. 2017-01, 9/18/2017]
12.
Prohibited Signs. All signs not expressly permitted under this chapter or exempt from regulation hereunder and as set forth in Sign Charts A and B (Attachment 1) are prohibited in the Township. Such signs shall include, but are not limited to:
[Amended by Ord. No. 2017-01, 9/18/2017]
13.
Individual properties may utilize multiple sign types where each sign conforms with the requirements for that type of sign.
[Added by Ord. No. 2017-01, 9/18/2017]
14.
Message Substitution. Subject to the landowner's consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more-specific provision to the contrary within this section. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This provision applies to all parts within this section except signs located on public property.
[Added by Ord. No. 2017-01, 9/18/2017]
§ 303 Unenclosed Storage.
[Ord. 2002-01, 2/7/2002, § 303]
1.
Trailers and Trucks. In a Rural Residential or Village Zone, recreation vehicles and trailers, trucks over five tons, or any vehicle without current registration or inspection shall not be stored for a period in excess of 30 days in the area between the street line and the line formed by the front wall of the principal building extended the full width of the lot. The storage of any recreation vehicle and trailer, truck over five tons, or any vehicle without current registration or inspection, shall not obscure or block the vision of any motorist entering or exiting any street or driveway nor obstruct any motorist's view of pedestrian traffic.
2.
Outdoor Stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted if it is visible from any adjoining street at any time during the year. In addition, within the Village Zone, or any lot with an area less than two acres, no outdoor stockpiling of any material or outdoor storage of trash is permitted between the street line and the front building line nor within any setback area.
3.
Trash or Junk. Except as provided in other Township ordinances, the accumulation of trash or junk, as defined in this chapter, out-of-doors for a period in excess of 15 days is prohibited in all zones.
A.
Unenclosed storage shall comply with all other provisions of this ordinance including specifically, those related to salvage and junkyards.
§ 304 Parking.
[Ord. 2002-01, 2/7/2002, § 304; as amended by Ord. 2008-01, 10/20/2008]
1.
Size of Parking Space. The parking space must have an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it. Where five or more parking spaces are required, the total parking area including passageways and driveways must average 300 square feet per required parking space.
2.
Spaces Required. Off-street parking spaces must be provided for each building erected or enlarged or for any change of use in accordance with the following schedule. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use.
Type of Use | Minimum of One Parking Space for Each | |
|---|---|---|
Residential Uses | ||
Residential dwelling | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit), plus any additional legal parking spaces required to accommodate all vehicles utilized and/or kept at the property by the property owner and/or occupants. For purposes of this subsection, the term "vehicle" shall not include motorized transportation intended for off-road use, such as all-terrain vehicles, snowmobiles, and motorcycles. | |
Rooming house, group home and bed-and-breakfast | Bedroom | |
Commercial Uses | ||
Automobile repair, gasoline filling and washing facilities | 400 square feet of gross and floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage and 1 per employee on largest shift | |
Automobile, boat and trailer sales | 500 square feet of gross sales floor area | |
Carpeting, drapery, floor-covering and wall covering sales | 500 square feet of gross sales floor area | |
Convenience stores | 75 square feet of gross floor area | |
Food markets and grocery stores | 100 square feet of floor area for public use plus 1 per each employee on 2 largest shifts | |
Funeral homes | 100 square feet of gross floor area, 1 per each employee, and 1 per each piece of mobile equipment such as hearses and ambulances | |
Furniture sales | 500 square feet gross sales floor area | |
Hotel, motel, tourist home | Guest sleeping room and 1 per each employee on 2 largest shifts | |
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 physicians, veterinarians, dentist, etc. | 6 spaces per each doctor | |
Retail store or shop | 200 square feet of gross (except those listed above) floor area of display area or sales area and 1 per each employee on 2 largest shifts | |
Eating establishments | 80 square feet of gross floor area and ground area (excluding parking) devoted to patron use on the property or three seats whichever requirement is greater or | |
Sit-down restaurant | 4 seats plus 1 per each employee on largest shift | |
Drive-through and/or fast-food restaurant with seating | 2 seats and 1 per each 2 employees | |
Drive-through and/or fast-food restaurant without seating | 1/6 window/serving station 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 arcade | 80 square feet of gross floor area | |
Athletic field | 4 seats of spectator seating; however, if no spectator seating is provided, the applicant shall demonstrate to the satisfaction of the Township that a sufficient parking area shall be provided on the site to serve all users of the site | |
Bowling alley/billiard room | 1/2 lane or table (i.e., 2 spaces per lane or table) and 1 per each 2 employees | |
Campgrounds | Per campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses | |
Golf course | 1/6 hole, plus 1 per employee, plus 50% of the spaces normally required for accessory uses | |
Golf driving range | 1 per tee and 1 per employee | |
Miniature golf course | 1/2 hole and 1 per employee | |
Riding school or horse stable | 2 rental stalls plus 1 per every 4 seats of spectator seating | |
Picnic area | Per table | |
Skating rink | 4 persons of legal occupancy | |
Swimming pools (other than one accessory to a residential dwelling) | 4 persons of legal occupancy | |
Tennis or racquetball clubs | 1/4 court plus 1 per employee plus 50% of the spaces normally required for accessory uses | |
Social and Institutional Uses | ||
Auditorium, church, theater and other such places of public assembly | 200 square feet but not less than 1 space per each 4 seats | |
Clubs, lodges and other similar places | 2 seats but not less than 100 square feet of gross floor area and 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 | |
Hospital, sanitarium | Spaces shall be provided for visitors, at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel. | |
Museum, art gallery cultural center, library area | 400 square feet of gross floor | |
Rehabilitation centers, (without overnight accommodations) | 1 per each employee and 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, tenth grade and above, including colleges | 3 students enrolled | |
Vocational training and adult education facilities | 1.5 students enrolled |
3.
Location. The parking area must be on the same or nearby premises. If on nearby premises:
A.
The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served:
B.
The parking area must remain under the long-term control of the owner or operator of the use to which the parking area is appurtenant by means of ownership or long term leasehold. If other than fee-simple ownership, the agreement to provide the long term control of the parking area shall be in a form that is acceptable to the Township and provides an alternate parking plan should the parking area under agreement no longer be available.
4.
Layout.
A.
Parking areas must be arranged so there will be no need for motorists to back over any streets or thoroughfares.
B.
Access to the parking area(s) shall be by defined and controlled access drives which shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
C.
Interior drives within any commercial or industrial land development or cluster development shall be designed so as to prevent blockage of vehicles entering or leaving the site.
D.
Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size, and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
E.
Interior drives shall be clearly marked by adequate painting marking, (curbing and signs) so that operations of vehicles intending to patronize such parking areas shall not duly impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.
5.
Parking Area Adjacent to Street. When any existing parking area or other area open to movement of vehicles abuts the right-of-way line of a public street is expanded by more than 10% in area or number of parking spaces, the parking area or other area open to movement of vehicles shall be required to comply with the requirements of Subsection 4 above and § 307, Subsection 4A.
6.
Paving. All access drives, parking areas and driveways shall comply with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] and the following:
A.
All access drives, parking areas and driveways within the V, RR, and GC Zones shall be paved and maintained in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
B.
Access drives, parking areas and driveways within all other zones shall be improved as follows:
(1)
All access drives for nonresidential uses, except agriculture, where the number of average daily vehicles using the access drive or driveway exceeds 15 vehicles per day shall be constructed and maintained with a paved surface of bituminous materials in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
All parking areas for nonresidential uses, except agriculture, for more than 15 vehicles shall be constructed and maintained with a paved surface of bituminous materials in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(3)
An access drive, parking area or driveway for any nonresidential use, except agriculture, that is located within 20 feet of any property line of any residentially used or residentially zoned land shall be constructed and maintained with a paved surface of bituminous materials in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
7.
Handicapped Parking. Handicapped accessible parking shall be provided in accordance with the requirements of the Americans with Disabilities Act, as may be amended from time to time.
A.
Said spaces shall be provided on-site and shall be most accessible and approximate to the building or buildings that the parking spaces shall serve.
B.
Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access.
C.
Each space shall be 96 inches wide with a ninety-six-inch-wide access aisle to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto level, paved surface suitable for wheeling and walking.
D.
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
E.
Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.
F.
Parking spaces shall be provided in accordance with the following table:
Total Parking Spaces in Lot | Required Minimum Number of Accessible Spaces | |
|---|---|---|
1 to 25 | 1 | |
26 to 50 | 2 | |
51 to 75 | 3 | |
76 to 100 | 4 | |
101 to 150 | 5 | |
151 to 200 | 6 | |
201 to 300 | 7 | |
301 to 400 | 8 | |
401 to 500 | 9 | |
501 to 1,000 | 2% of total | |
1,001 and over | 20 plus 1 for each 100 over 1,000 |
§ 305 Loading.
[Ord. 2002-01, 2/7/2002, § 305]
1.
Size; Surfacing. The loading space must be not less than 15 feet wide and 65 feet long. It shall be surfaced and maintained with a bituminous material in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
2.
Layout. The loading area must be arranged so that there will be no need for motorists to obstruct or back over any public right-of-way, access drive or any parking spaces and must not be located on any building face oriented towards any street.
3.
Spaces Required. Off-street loading spaces must be provided for each building erected, enlarged, or for any change of use in accordance with the following schedule:
Type of Use | Number of Spaces | Unit of Measurement | |
|---|---|---|---|
Hospital or other institution | None | 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 | None | 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 | None | First 2,000 square feet | |
1.0 | 2,000 to 25,000 square feet | ||
+1.0 | Each additional 40,000 square feet (or fraction) | ||
Multifamily 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 | None | 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 services, per store | None | First 3,000 square feet (except Village Zone) | |
1.0 | First 3,000 square feet within Village Zone | ||
1.0 | 3,000 to 10,000 square feet | ||
2.0 | 10,000 to 40,000 square feet | ||
1.0 | Each additional 100,000 square feet (or fraction) | ||
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet of GLA | 1.0 | 25,000 square feet of GLA up to 100,000 square feet of GLA | |
+1.0 | Each additional 100,000 square feet of GLA | ||
Theater, auditorium, bowling alley or other recreational establishment | None | 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 | None | 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 miniwarehousing) | None | First 1,500 square feet | |
1.0 | 1,500 to 10,000 square feet | ||
+1.0 | Each additional 40,000 square feet (or fraction) |
§ 306 Access Drives and Driveways.
[Ord. 2002-01, 2/7/2002, § 306]
1.
Access Drives. Access drives shall be provided in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] and the following requirements:
A.
Width. The width of all access drives shall be provided in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], but in no case shall the width of any access drive exceed 36 feet at the street line.
B.
Number. The number of access drives intersecting any street shall not exceed two per lot. The Zoning Hearing Board may, by special exception allow for additional access points for unusual circumstances or lots with frontage in excess of 1,000 feet.
C.
Location. Where possible, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required in the case of egress onto the street.
E.
Slope. The slope of all access drives shall not exceed 4% within 75 feet of the intersecting street center line.
2.
Driveways. Driveways serving single-family dwellings shall be provided accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] and the following requirements:
§ 307 Screens and Buffers.
[Ord. 2002-01, 2/7/2002, § 307]
1.
Landscaping.
A.
Any part or portion of a property being developed that is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with an all-season ground cover. It shall be maintained to provide an attractive appearance, and all nonsurviving areas shall be replaced promptly.
B.
Within any district, no less than 5% of any parking area providing more than five off-street spaces shall be landscaped and continually maintained. Planting along the perimeter of the parking area whether for required screening or general beautification will not be considered as part of the 5% parking area landscaping. In complying with the 5% landscaping requirements, the planting strips must be throughout the parking areas as evenly as possible. For each 100 square feet of parking area, there shall be five square feet of landscaped area.
2.
Planting Strip. All commercial, industrial and nonresidential uses shall be separated from all side and rear property lines and all street right-of-way lines by a planting strip. The planting strip may be included in the required yard space and shall be based on the following criteria:
A.
The planting strip shall be 10 feet wide, measured from the property line or street right-of-way line.
B.
Said planting strip shall be planted in grass, shrubbery, trees, or other plant material, but in no case shall these areas be paved or covered by an impervious surface.
C.
Said planting strip shall only be broken by approved entrances or exits.
D.
Accessory buildings or structures not exceeding 200 square feet in floor area may be permitted within a planting strip, provided that they conform to the specific district requirements of this chapter.
E.
Exceptions. Except as may be required by the Board of Supervisors (or the Zoning Hearing Board in the case of a special exception) on a case-by-case basis:
(1)
No planting strip is required along a rear property line when the rear property line abuts a public alley.
(2)
No planting strip is required along a street right-of-way if the building or buildings is permitted (under the applicable zoning district regulations) to be constructed immediately behind the sidewalk.
3.
Screening.
A.
Screening requirements shall be applicable under the following circumstances:
(1)
Where a proposed commercial, industrial or institutional use abuts an existing residential use or residential district.
(2)
Where any proposed multifamily residential use abuts an existing single-family detached, single-family semidetached, two-family detached or two-family semidetached dwelling not located on the same lot or in the same residential development.
(3)
Any other instances where screening is required by this chapter or by the Township.
B.
This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen within a strip of land with a minimum width of 20 feet. The high level screen shall consist of trees planted with specimens no younger than three years in age and planted at intervals of not more than 10 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier. All plants which have been dead for six months shall be replaced.
C.
Outdoor Activities and Equipment Screening. All outdoor industrial use operations, mechanical equipment and other function accessories of each building, such as elevator, penthouses, ventilation pipes, and ducts, water-pressure tanks, heating, air-conditioning and power supply units should have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
D.
Exceptions. Except as may be required by the Township (or the Zoning Hearing Board in the case of a special exception) on a case-by-case basis, no screening along a rear property line is required when the rear property line abuts a public alley.
4.
Off-Street Parking Areas. Except as modified elsewhere in this chapter, the following shall apply to the landscaping and screening of off-street parking areas:
A.
Screening along Right-of-Way. All parking lots with more than 10 spaces shall be screened from any street right-of-way by a landscape screen to be installed within a ten-foot-wide planting strip measured from the right-of-way.
B.
Screening from Adjoining Residential Uses. Wherever a parking area of over 10 initial or cumulative spaces abuts or is within 10 feet of the side or rear lot line of a lot in residential use or any residential district, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge, approved by the Planning Commission.
C.
Screening from Residential Uses Located Across Street. Whenever a parking area of over 10 initial or cumulative spaces is located across the street from other land in any residential district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Commission, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress.
D.
Parking Lot Interior Landscaping. A minimum of 5% of any parking lot facility over 2,000 square feet in gross area (measured from the outside edge of paving to outside edge of paving) or 30 spaces, either initially or cumulatively, shall be devoted to internal landscaping. For the purposes of this section, internal landscaping shall not include perimeter planting and screening areas or planting areas located along buildings. At least one shade tree shall be provided for each 300 square feet (or fraction thereof) of required internal landscaping area. These trees shall have a minimum caliper of two inches and a minimum clear trunk of at least six feet above finished grade.
E.
No more than 14 parking spaces shall be placed in a continuous row without an intervening planting island of at least 10 feet in width and the length of the parking stall.
F.
For any land use where the total number of parking spaces exceeds 100 stalls, the parking area shall be divided by continuous islands perpendicular to the spaces every 130 feet (130 feet assumes four rows of parking at 20 feet in length and two aisles at 25 feet in width). These divider islands shall be a minimum of 10 feet wide.
G.
In order for the Zoning Officer to determine compliance with the requirements of this section, a plan shall be submitted showing the proposed design of the landscape screen and/or interior landscaping. Said plan shall include a plant schedule and sufficient information as required for the installation of the landscaping. The plan shall be sealed by a landscape architect licensed to practice in the Commonwealth of Pennsylvania.
5.
Service, Loading and Trash Disposal Areas.
A.
All service, delivery, loading and outdoor storage and trash disposal areas shall be screened from all adjoining residential uses and residential districts, public streets, parking lots and pedestrian walkways.
B.
These areas shall be totally screened from the above-listed places by the use of fences, walls, berms, evergreen plant material, or a combination of these, not less than six feet in height.
6.
All mechanical equipment not enclosed in a structure shall be fully and completely screened in a manner compatible with the architectural and landscaping style of the remainder of the lot.
§ 308 Glare.
[Ord. 2002-01, 2/7/2002, § 308]
Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in a residential district.
A.
Direct Glare. Direct glare is defined for the purpose of this chapter as illumination beyond the property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting, or from such high-temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted, with the exceptions that parking areas and walkways may be illuminated by the standards set forth in the Manheim Township Subdivision Land Development Ordinance [Chapter 22].
B.
Indirect Glare. Indirect glare is defined for the purpose of the chapter as illumination beyond the property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed a maximum of 0.3 footcandle and an average of 0.1 footcandle. Deliberately induced sky-reflected glare, such as casting a beam upward for advertising purposes, is prohibited.
§ 309 Demolition.
[Ord. 2002-01, 2/7/2002, § 309]
Demolition of any structure must be completed within one year of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is complete as aforesaid. All evidences of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
§ 310 Drainage.
[Ord. 2002-01, 2/7/2002, § 310]
Stormwater management and drainage facilities shall conform to the requirements of the Manheim Township Subdivision Land Development and Storm Water Management Ordinance [Chapter 22].
§ 311 Minimum Habitable Floor Area.
[Ord. 2002-01, 2/7/2002, § 311]
All dwelling units must conform to the minimum habitable floor as follows:
§ 312 Outdoor Swimming Pools, Spas and Whirlpools - In-Ground and Aboveground.
[Ord. 2002-01, 2/7/2002, § 312]
1.
Every outdoor swimming pool, spa or whirlpool must conform to all applicable requirements of state law and, in addition, must be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. This requirement shall not apply to spas and whirlpools having a manufacturer supplied cover that is in place when the unit is not in use. Farm ponds also shall be excluded from the requirements of this section.
2.
Pools and decking/structures shall comply with underlying zone setback requirements.
§ 313 Noncommercial Keeping of Animals.
[Ord. 2002-01, 2/7/2002, § 313]
1.
Animals and Animal Shelters. The following standards shall apply within all zones for the keeping of animals on parcels of land containing less than five acres under a single deed. These standards shall not be interpreted as applying to animal hospitals, veterinary clinics, kennels, riding stables, any other commercial animal operations or normal farming operations.
A.
The landowner and the occupant of the lot on which animals are maintained, regardless of the number or type of animals maintained (as authorized by Subsection 1B, C and D below), shall comply with all of the following:
(1)
The area within which the animals are maintained (whether in a shelter and/or exercise pen and/or pasture) shall be kept in a grass cover and shall not degrade to a bare earth and/or erodible condition.
(2)
Any drainage field or absorption area for an individual or community sewage system, including a tested replacement location, shall be fenced so that animals do not have access to such area. It is the intention of this subsection to ensure that the maintenance of animals will not degrade an initial or replacement sewage disposal location.
B.
It is permitted to maintain up to three each of dogs and cats per acre of area dedicated solely to the keeping and maintenance of said animal(s) and no other use, and litters of puppies or kittens up to six months in age, as domestic animals, provided the following conditions are met:
(1)
All such dogs and cats shall be maintained on a noncommercial basis.
(2)
The area within which a shelter and/or exercise pen is maintained shall be located in the rear yard, at least 10 feet from all lot lines, and at least 50 feet from the nearest dwelling not located on the same lot as the lot upon which the animals are maintained.
(3)
The owner of the animal shall exercise control over the animals and shall not allow a nuisance condition to be created in terms of noise, dirt and odor.
C.
It is permitted to maintain up to 12 small domestic animals per acre of area dedicated solely to the keeping and maintenance of said animal(s) and no other use, provided the following conditions are met. For the purposes of this subsection, small domestic animals shall include animals such as rabbits, guinea pigs, chinchilla and fowl such as chickens, turkeys, geese, ducks, quail, grouse and pigeons.
(1)
Small domestic animals shall be within only a side or rear yard area, outside of the required side and rear yard setback.
(2)
Small domestic animals shall be maintained on a noncommercial basis and be clearly secondary and incidental to the principal use.
(3)
The area around which small domestic animals are kept shall be enclosed by a fence designed for containment.
(4)
Any fence enclosing, or any structure housing, small domestic animals shall be located in accordance with the requirements of the underlying zone and at least 15 feet from any lot line and at least 100 feet from the nearest dwelling not located on the same lot as the lot upon which the animals are maintained.
(5)
The owner of the small domestic animals shall exercise control over the animals and shall not allow a nuisance condition to be created in terms of noise, dirt and odor.
D.
It is permitted to maintain large domestic animals up to one animal unit per acre of area dedicated solely to the stabling/grazing/pasturing of said animal(s) and no other use, provided the following conditions are met. For the purposes of the subsection, large domestic animals shall include animals of the bovine, equine, swine and ovine families.
(1)
Large domestic animals shall be maintained within the side or rear yard area, outside of the required rear and side yard setback.
(2)
Large domestic animals shall be maintained on a noncommercial basis and be clearly secondary and incidental to the principal use.
(3)
The area in which large domestic animals are maintained shall be kept in a healthy grass cover of at least two acres.
(4)
The area within which large domestic animals are kept shall be enclosed by a fence designed for containment.
(5)
All fences shall be located a minimum of 25 feet from the center line of any street or road. Fences within side or rear yards shall be located in accordance with the setbacks of the underlying zone.
(6)
Within the Agriculture, Conservation and Rural Residential Zones, all buildings, corrals or stables shall be at least 50 feet from any lot line and at least 100 feet from the nearest dwelling not located on the same lot as the lot upon which the animals are maintained. Within the Village and General Commerce Zones, all buildings, corrals or stables shall be at least 100 feet from any lot line and at least 300 feet from the nearest dwelling not located on the same lot as the lot upon which the animals are maintained.
(7)
The owner of the large domestic animals shall prepare and implement a written manure management plan meeting the requirements of the DEP and the York County Conservation District. Said plan shall include the type of manure storage facility proposed and the method and location of disposal.
(8)
The owner of the large domestic animals shall exercise control over the animals and shall not allow a nuisance condition to be created in terms of noise, dirt and odor.
§ 314 Forestry.
[Ord. 2002-01, 2/7/2002, § 314]
1.
Forestry shall be permitted by right within any zoning district herein, subject to the requirements of the underlying zone, any other applicable sections of this chapter and as follows:
2.
Forestry activities on any lot of record, with or without improvements, and with an area in excess of one acre shall require a permit that shall be obtained from the Zoning Officer.
3.
Forestry activities shall be conducted in accordance with an erosion and sedimentation pollution control plan that is consistent with current acceptable practices to control runoff, erosion, stream siltation and soil stabilization.
4.
The erosion and sedimentation pollution control plan shall be submitted to the York County Conservation District for their review and approval prior to initiating any earth moving or timber harvesting activities.
5.
The erosion and sedimentation pollution control plan, along with evidence of the review and approval of same by the York County Conservation District, shall be submitted to the Township prior to initiating any earth moving or timber harvesting activities.
6.
All roads and trails developed as part of any forestry activity shall be mud and dust stabilized when within 100 feet of any lot or street line.
7.
Clear-cutting. No clear-cutting shall be done within 50 feet of a wetland or stream or watercourse.
§ 315 Natural and Historic Features.
[Ord. 2002-01, 2/7/2002, § 315]
Any application for a land development, zoning permit, or any other approval under the terms of this chapter shall, wherever practicable, include provisions for the preservation and protection of natural and historic features and resources, as identified by the Manheim Township Comprehensive Plan.