Manheim Township City Zoning Code
PART 6
SPECIFIC STANDARDS FOR SPECIAL EXCEPTION AND OTHER SELECTED USES
§ 601 Requirements of Specific Standards.
[Ord. 2002-01, 2/7/2002, § 601]
It is the intent of this Part to provide special controls and regulations for particular uses that may be permitted by right, by special exception, or by conditional use within the various zoning districts established in this chapter. In addition to the general standards for special exceptions as contained in § 504, Subsection 6, where applicable, the following sets forth standards that shall be applied to each individual use. These standards must be satisfied prior to approval of any application for a special exception or conditional use and/or issuance of a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for the selected use specify different standards; in such cases, the specific use standards shall apply.
§ 602 Accessory Apartment.
[Ord. 2002-01, 2/7/2002, § 602]
In the RR and A Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
Only one accessory apartment shall be permitted in a single-family dwelling unit or its accessory structure.
B.
When the accessory apartment increases the total number of bedrooms contributing to the existing septic system to four or more, the Township Sewage Enforcement Officer shall be notified to inspect and approve the septic system for any increase in sewage flows.
C.
Occupants of the accessory apartment shall be related by blood, marriage or adoption to the occupants of the principal dwelling.
D.
Additions to the principal dwelling or its accessory structure for the purpose of creating an accessory apartment shall not increase the square footage of the original structure by more than 25%.
E.
The accessory apartment shall not comprise more than 30% of the dwelling unit's total floor area (after any additions or modifications thereto).
F.
At least one additional off-street parking space shall be provided for the occupants of the accessory apartment.
G.
The appearance of the structure shall remain that of a single-family dwelling.
§ 603 Accessory Farm Dwellings.
[Ord. 2002-01, 2/7/2002, § 603]
In the RR and A Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
No more than one accessory farm dwelling shall be permitted on a farm.
B.
The minimum lot area and building setback requirements of the respective zoning district shall apply to the principal and accessory farm dwellings individually.
C.
The off-street parking requirements of this chapter shall apply to each dwelling.
D.
All water supply and sewage disposal facilities shall be approved by the appropriate agencies prior to the issuance of a building permit for the accessory farm dwelling.
§ 604 Adult-Related Facilities.
[Ord. 2002-01, 2/7/2002, § 604]
Within the GC Zone, adult-related facilities are permitted by special exception, subject to the following criteria:
A.
An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.
B.
No adult-related facility shall be located within 500 feet of any residentially zoned land.
C.
No adult-related facility shall be located within 1,000 feet of any parcel of land that contains any one or more of the following specified land uses:
D.
The distance between any two adult-related facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult-related facilities and any land use specified in Subsection 3C above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult related facility to the closest point on the property line of said land use.
E.
No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
F.
Any building or structure used and occupied as an adult-related facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside of the building or structure.
G.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
H.
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
I.
No adult-related facility may change to another adult-related facility, except upon approval of an additional special exception.
J.
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related facility may be located within one building or shopping center.
§ 605 Agricultural Use Regulations.
[Ord. 2002-01, 2/7/2002, § 605]
1.
Agricultural Nuisance Disclaimer. All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations and are hereby put on official notice that Section 4 of Pennsylvania Act 133 of 1982, the Right to Farm Law, may bar them from obtaining a legal judgment against such normal agricultural operations.
2.
Agricultural activities shall be conducted in a manner compatible with accepted good agricultural practices and applicable local and state regulations.
3.
All grazing areas or pasture areas used for grazing shall be fenced. No new or replacement fence shall be erected within the right-of-way of any street.
4.
No farming operation shall be conducted within five feet of the edge of cartway of any public street.
5.
To the greatest extent possible, all structures shall be placed on soils which have the poorest agricultural land capability classification as defined by the United States Department of Agriculture, and all proposed uses shall be situated in a manner reducing to a minimum the amount of productive agricultural land which is converted to the proposed uses.
6.
Required Conservation Plan. Any agricultural, horticultural, timber harvesting or forestry related uses which involves earthmoving activities shall require the obtainment of an approved conservation plan by the York County Conservation District, pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Department of Environmental Protection. All on-site activities shall then be conducted in compliance with the approved conservation plan.
7.
No slaughter area shall be established closer than 300 feet to any property line.
8.
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner to comply with the Clean Streams Law and the practices prescribed by the DEP Manure Management Manuals.
9.
Ventilation or exhausts for new buildings in which farm animals are kept shall be exhausted away from the closest residences or said commercial buildings.
10.
Vegetation Setback Requirement. No shrub nor tree on any residentially used lot shall be planted within 10 and 15 feet, respectively, of any adjoining farm.
11.
Buffer Planting.
A.
Whenever any of the following uses are created on any property which adjoins any zone where residential or commercial structures exist as permitted uses, a landscaped screen shall be provided along the zone boundary by the owner of the use being created. Said screening shall be designed and located in accordance with the requirements of § 630 of this chapter.
12.
Intensive Agricultural Activity. It is the specific intent of this section to promote and provide for intensive agricultural activities, as defined herein, within those areas of the Agricultural (A) Zone of the Township where intensive agricultural activities can be carried out in a manner that will minimize potential conflicts and impacts with environmentally sensitive areas and existing surrounding land uses.
A.
In addition to the requirements of the Agricultural Zone and the above requirements, the following shall apply to intensive agricultural activities:
(1)
The operator of the intensive agricultural operation shall reside on the lot that the intensive agricultural use is located upon.
(2)
Intensive agricultural activities shall not be located within 1,000 feet of another zone or adjoining residence located within the Agriculture Zone or any other zone.
(3)
A minimum lot size of 25 acres is required for intensive agricultural activities.
(4)
The use or structure shall be so located on the lot as to provide front, side and rear setbacks of at least 500 feet.
(5)
Intensive agricultural uses shall not be located on any natural or man-made slope that exceeds 15%.
(6)
No more than 10% of the lot area shall be covered by any impervious surface related to the intensive agricultural activity. For the purposes of this subsection, impervious surface shall include any building(s) and/or accessory structure(s) constructed or converted for intensive agricultural uses; any portion of any driveway, access drive, street or other form of ingress or egress constructed, improved and/or maintained for intensive agricultural uses.
(7)
The maximum height of buildings used for intensive agricultural use is 35 feet or 2 1/2 stories, excluding appurtenances.
(8)
Commercial composting is prohibited. Any on-site composting shall be conducted and accomplished with materials and by-products that are generated on the property.
(9)
Solid and liquid plant and animal wastes shall be stored, handled and disposed of in a recognized acceptable manner to avoid creating insect or rodent problems, or a public nuisance. No emission of noxious, unpleasant gases shall be permitted in such quantities as to be offensive outside the lot lines of the tract occupied by an intensive agricultural user. For the purposes of this subsection, intensive agricultural uses that are operated in full compliance with the standards produced by the Pennsylvania Department of Agriculture, DEP, Pennsylvania State University College of Agriculture or similar recognized entity shall be in compliance with this requirement.
(10)
Dry lot feeding stations shall be permanently paved in accordance with the recommendations of the York County Conservation District and the USDA Natural Resources Conservation Service.
(11)
A nutrient management plan shall be prepared and submitted to the York County Conservation District for review and approval.
(12)
A conservation plan shall be prepared by the USDA Natural Resources Conservation Service. The plan shall include all tracts involved in the intensive agricultural use, including tracts used for the application of manure and/or the cultivation of crops.
(13)
A landscaping plan shall be prepared for all proposed intensive agricultural uses. The plan shall be prepared in accordance with the applicable requirements of this chapter and the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
(14)
The applicant shall present credible evidence that the proposed intensive agricultural operation will be conducted in accordance with the applicable standards as produced by the Pennsylvania Department of Agriculture, DEP, Pennsylvania State University, College of Agriculture or similar recognized entity.
13.
Timbering harvesting shall be subject to the following:
A.
Timber harvesting 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.
B.
The erosion and sedimentation pollution control plan shall be submitted to the York County Conservation District for its review and approval prior to initiating any earthmoving or timber harvesting activities.
C.
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 earthmoving or timber harvesting activities.
D.
All roads and trails developed as part of a timbering activity shall be dust stabilized when within 100 feet of any lot or street line.
14.
Siting of Single-Family Dwellings and Special Exception Uses in the Agricultural Zone.
A.
All proposed single-family dwellings and special exception uses in the Agricultural Zone shall be located according to the following additional requirements:
(1)
The proposed use must be located:
(a)
On a lot containing a minimum of 75% land in Soil Capability Unit III, IV, V, VI, VII or VIII, as defined by the United States Department of Agriculture and as classified by the Soil Survey of York County, Pennsylvania; or
(b)
On land which cannot feasibly be farmed due to one or more of the following:
B.
The burden of proof concerning a lot's unsuitability of agricultural production shall be upon the applicant.
C.
Where location in accordance with Subsection 14A(1)(a) is not feasible, the Zoning Hearing Board may approve nonfarm special exception uses to be located on lots containing higher quality soils. However, in all cases, such nonfarm uses shall be located on the least agriculturally productive land feasible, so as to minimize interference with agricultural production.
D.
In their review of special exception requests in the Agricultural Zone, the Zoning Hearing Board shall consider the following factors:
(1)
Location of the proposed use in relation to the remainder of the parent tract and to adjacent subdivided lots.
(2)
Location of the proposed use on the least agriculturally productive land feasible, so as to minimize interference with agricultural production.
(3)
Potential of the proposed use interfering with any surrounding parcel's agricultural use.
§ 606 Airport, Helipad/Heliport.
[Ord. 2002-01, 2/7/2002, § 606]
In the A and GC Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
Lot area: 10 acres minimum.
B.
The approach zone to any of the proposed runways or landing strips shall be in accordance with the regulations of applicable federal and/or state agencies.
C.
There shall be no exiting flight obstructions such as towers, chimneys or other tall structures or natural obstructions outside of the airport and located within the proposed approach zones.
D.
Any building, hanger or structure shall be located a sufficient distance away from the landing strip in accordance with the recommendations of applicable federal and/or state agencies.
E.
Building heights in airport approach zones shall be limited to provide a clear glide path from the end of the usable landing strip. The glide path shall be a plane surface laid out in accordance with the operating characteristics of the aircraft for which the airport is designed. The first 500 feet of the glide path shall be wholly within the airport property.
§ 607 Alternative Energy Systems.
[Ord. 2012-1, 10/15/2012[1]]
Accessory alternative energy systems may be permitted as accessory uses and structures customarily incidental to any of the permitted uses, subject to the area and development regulations of the applicable zoning district as well as the provisions below. Principal alternative energy systems may be permitted as principal uses and structures, subject to the area and development regulations of the applicable zoning district as well as the provisions below.
A.
Solar Energy Systems.
(2)
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer specifications shall be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located in order to prevent reflective glare toward any adjacent properties as well as any adjacent street rights-of-way.
(5)
All solar energy systems shall be designed and located in order to prevent any additional heat load upon any adjacent properties as well as any adjacent street rights-of-way.
(6)
All on-site utility and transmission lines for solar energy systems shall be placed underground.
(7)
All solar energy systems shall, to the extent feasible, be sited so that tree removal is not required, or where absolutely required, minimized to the greatest extent possible.
(8)
Roof- and wall-mounted solar energy systems shall be sited in accordance with the following:
(a)
Solar energy systems located on the roof of any structure shall not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure shall not extend vertically above the highest point (peak) of the pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure that is visible from the front yard should be the same slope as, or parallel to, the pitched roof.
(d)
Solar energy systems located on a flat roof shall not extend vertically more than 10 feet above the height of the existing roof. In all zoning districts, such facilities shall be screened by parapets, walls, fences, or other approved means as viewed from the lot line, except for the I-Industrial District.
(e)
All solar energy systems mounted on roofs and walls of any structure shall be subject to the maximum height regulations specified within the applicable zoning district.
(f)
Solar energy systems located on a wall of any structure shall not extend more than two feet into any required side or rear yard setback area.
(9)
Placement of ground-mounted, freestanding solar energy systems shall meet the setback regulations of the underlying zoning district as well as the provisions below:
(a)
On any lot less than 1/2 acre and in residential use, no ground-mounted, freestanding solar energy system shall be permitted.
(b)
For purposes of determining the maximum area of all ground-mounted, freestanding solar energy systems, the maximum area shall be considered the total area of the cumulative solar panels; where two or more panels are grouped together, the total dimensions (length and/or width) of each panel shall be the cumulative dimension of the panels.
(c)
The total area of ground-mounted, freestanding solar energy systems shall count toward the maximum permitted impervious area of the lot in the applicable zoning district, and such ratio may be increased for any lot in each zoning district by an additional 5% in order to accommodate ground-mounted, freestanding solar energy systems. The building area of the freestanding solar energy systems shall not be counted as impervious area.
(d)
Vegetation beneath a ground-mounted, freestanding solar energy system shall be properly maintained at all times in accordance with the Manheim Township yard maintenance code.
(e)
Stone stormwater infiltration trenches or other stormwater best management practices shall be installed which, in the opinion of the Township Engineer, properly manage stormwater runoff from solar panels over 500 square feet in building area in accordance with the Manheim Township stormwater management regulations.
(10)
Prior to the issuance of a permit for the installation of a principal solar energy system, the applicant shall provide the Zoning Officer with:
(a)
A completed glare study ensuring that reflective glare is not directed towards or upon any adjacent properties or any adjacent street rights-of-way. The glare study shall include:
1)
The angle of the solar collector system panels, arrays, cells, etc., at the location;
2)
A diagram showing the maximum and minimum angles of reflective glare from the solar collector system panels, arrays, cells, etc., at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and
3)
A mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer registered by the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system and applicable requirements of the Manheim Township Building Code;[3] and
(c)
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(11)
The applicant shall maintain the solar energy system in a safe condition and good repair at all times. Whenever a solar energy system becomes structurally unsafe or endangers the safety of the structure or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the solar energy system is located that such solar energy system shall be made safe or removed. The disposal of solar energy systems shall comply with all applicable Township, County, State, and Federal regulations.
B.
Wind Energy Systems.
(2)
The design and installation of all wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electrotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. The manufacturer specifications shall be submitted as part of the application.
(3)
On any lot less than five acres in residential use, no more than one accessory wind turbine tower shall be permitted per lot.
[Amended by Ord. 2013-2, 10/21/2013]
(4)
All on-site utility and transmission lines for wind energy systems shall be placed underground.
(5)
All wind turbines and towers shall have a flat finish and nonobtrusive colors such as white, off-white, or gray as applied by the manufacturer in order to reduce the visual impact. Wind turbine towers may be painted brown up to the height of nearby trees.
(6)
All wind energy systems shall be equipped with manual—electronic or mechanical—and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(7)
Principal wind energy systems shall not be installed in any location where they would interfere with existing fixed broadcast, retransmission, or reception antennas. This includes interference with residential radio, television, or wireless phone, or other personal communication system, reception. No wind energy system shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.
(8)
All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.
(9)
Noise from wind energy systems shall not exceed 55 decibels or 10 decibels above ambient noise in any one hour, whichever is higher. The fifty-five-decibel or ten-decibel level may be exceeded during short-term events such as utility outages and severe wind storms. Noise shall be measured at the property line at ground level. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. The fifty-five-decibel or ten-decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(10)
No part of any wind energy system, including the turbine, shall be erected or located in any required yard setback area.
(11)
Wind turbines which are not roof mounted shall be set back from all lot lines, streets, rights-of-way, and overhead utility lines a distance no less than the total wind turbine height.
(12)
The maximum height of wind turbines shall comply with the following:
(a)
For all roof-mounted wind turbines, the height of the wind turbine shall not exceed the height of the existing building by more than 10 feet.
(b)
For lots less than one acre in area, wind turbines shall be roof mounted, and the maximum rotor diameter for such wind turbines shall be six feet.
(c)
For lots greater than or equal to one acre, wind turbines may be sited on wind turbine towers; the turbine height shall be limited to 120 feet.
(d)
The maximum height of any wind turbine in the General Commerce or Agricultural District, regardless of lot area, shall be 200 feet.
(13)
For all wind energy systems not otherwise mounted on a roof, unauthorized access to the wind turbine and wind turbine tower shall be prevented by design, with a minimum of 15 feet from the ground to the bottom of any ladder. All doors to the wind turbine and tower shall be locked.
(14)
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix type" turbine or a "VAT"), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
(15)
Wind energy systems shall meet all Federal Aviation Administration (FAA) regulations, and no wind energy system may be artificially lighted except when required by the FAA.
(16)
Wind energy systems shall not display advertising, except for reasonable identification of the wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
(17)
Accessory buildings and structures necessary for storage cells and/or related mechanical equipment shall meet the requirements of the underlying zoning district.
(18)
Wind energy systems on lots in nonresidential uses shall provide fencing and landscaping in accordance with the following:
(a)
Except for wind turbines mounted on existing structures, an eight-foot-high fence shall be provided around the wind energy system and any other wind-energy-system-related ground level features (such as a building and appurtenant structures).
(b)
The following landscaping shall be provided to screen as much of the wind energy system as possible, any fence surrounding the wind energy system and any other ground level features (such as a building). The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features, instead of landscaping, if they achieve the same degree of screening as the required landscaping. If a wind turbine is mounted on an existing structure, and its related storage cells and/or related mechanical equipment are housed inside an existing structure, landscaping shall not be required.
1)
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
2)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(19)
The following items shall accompany the permit application for nonaccessory wind energy systems:
(a)
A site plan showing:
1)
Lot lines and physical dimensions of the subject property within two times the total height from the tower location.
2)
Location, dimensions, and types of existing structures on the property.
3)
Location of the proposed wind energy system tower, foundations, guy anchors, and associated equipment.
4)
The right-of-way of any public street abutting the property.
5)
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type—freestanding or guyed.
(c)
Certification from a professional engineer registered by the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of the Manheim Township Building Code.[5] A copy of the foundation analysis shall also be provided.
(20)
Prior to the issuance of a permit for the installation of a wind energy system, the applicant shall provide the Zoning Officer with confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator, and also approval of such connection. Off-grid systems shall be exempt from this requirement.
(21)
The owner of the wind energy system shall be required to dismantle and remove the wind energy system, including all structures, facilities, appurtenances, etc., within six months of the time when the wind energy system is abandoned and no longer maintained. The owner shall be required to provide secure access and prevent general public access to the facility within 60 days of abandonment.
(22)
The applicant shall maintain the wind energy system in a safe condition and good repair at all times. Whenever a wind energy system becomes structurally unsafe or endangers the safety of the structure or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the wind energy system is located that such wind energy system shall be made safe or removed. The disposal of wind energy systems shall comply with all applicable Township, County, State, and Federal regulations.
C.
Geothermal Energy Systems.
(2)
The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations. The manufacturer specifications shall be submitted as part of the application.
(3)
All geothermal energy systems on lots having a net acreage of less than five acres shall be closed-loop type systems (i.e., closed horizontal or closed vertical). Open-loop systems shall only be permitted on lots with a net acreage of five acres or more.
(4)
Geothermal energy systems shall meet the required setback distances to include distances from the geothermal energy systems' above-grade and below-grade equipment to adjacent lot lines, street right-of-way lines, and easements.
D.
Outdoor Wood-Fired Boilers.
(1)
All outdoor wood-fired boilers shall be installed to meet PA DEP Chapter 123.14 requirements related to minimum setbacks and minimum chimney or stack heights.[7] In addition, the following minimum setbacks apply to all newly installed outdoor wood-fired boilers:
(a)
Outdoor wood-fired boilers shall be set back a minimum of 100 feet from the street right-of-way or front property line, and a minimum of 50 feet from side and rear property lines.
[7]
Editor's Note: See 25 Pa. Code § 123.14.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 608 Amusement Arcades.
[Ord. 2002-01, 2/7/2002, § 607]
In the GC Zone and subject to the requirements of that zone as herein modified and provided:
A.
All activities shall take place within a wholly enclosed building.
B.
The applicant must furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the arcade.
C.
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 304 of this chapter.
D.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare, litter.
§ 609 Animal Hospital/Veterinary Clinic.
[Ord. 2002-01, 2/7/2002, § 608]
Within the A, V and GC Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Setbacks. All buildings, dog runs, fenced enclosures and similar structures shall be located at least 100 feet from all property or street lines.
C.
All boarding areas shall be completely within a wholly enclosed building.
D.
All outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure.
E.
The applicant shall furnish credible evidence that any and all other state and/or federal approvals have been obtained or that none are required prior to the application for any permit authorizing the erection or use of any structure or land for a kennel.
F.
The applicant shall furnish credible evidence of an effective and recognized acceptable manner for the disposal of animal waste and carcasses.
G.
The owner/operator shall be responsible to exercise reasonable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
§ 610 Antique Business.
[Ord. 2002-01, 2/7/2002, § 609]
Within the A, RR, V and GC Zones, and subject to the requirements of the zone as herein modified and provided:
§ 611 Apartment in Conjunction with Commercial Establishment.
[Ord. 2002-01, 2/7/2002, § 610]
In the V and GC Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
Off-street parking for the residential dwelling must be provided in addition to the parking required for the commercial use.
B.
Within the General Commerce Zone, no more than one such apartment shall be permitted per lot.
C.
Within the Village Zone, no more than two such apartments shall be permitted per lot.
D.
The applicant shall provide credible evidence that adequate water supply and sewage disposal facilities are provided.
§ 612 Apartment Conversion.
[Ord. 2002-01, 2/7/2002, § 611]
Within the RR and V Zone and subject to the requirements of those zones, except as herein modified and provided:
A.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
B.
The lot on which the existing building to be converted is located shall meet the height, area, setback and coverage requirements of the underlying zone.
C.
There shall be a minimum of 4,000 square feet of lot area per dwelling unit.
§ 613 Bed-and-Breakfast Inn.
[Ord. 2002-01, 2/7/2002, § 612]
In the A, RR and V Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
The maximum guest stays shall be limited to 30 days.
B.
A maximum of eight guest rooms shall be provided.
C.
Meals shall only be served to overnight lodgers.
D.
A minimum of one off-street parking space per guest room shall be provided in addition to the required parking for the dwelling unit.
E.
One sign may be erected on the property. The maximum size shall be four square feet and it may be illuminated only by indirect lighting.
F.
The inn must comply with local regulations regarding all applicable permits, including, but not limited to: fire, health and building codes.
G.
Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
§ 614 Building Material Yard.
[Ord. 2002-01, 2/7/2002, § 613]
1.
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
2.
Lot area: one acre minimum.
3.
Lot width: 150 feet minimum.
4.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan. Traffic routes and exits shall be far enough from houses so that truck noise and vibration will be minimized.
5.
A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage.
6.
The applicant shall provide a detailed description of any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and the specific measures that will be implemented to mitigate or eliminate the impacts. The applicant shall provide credible evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable state and federal laws and regulations.
7.
Chemical or other hazardous materials may only be stored in a manner that will not create a public health hazard or a public nuisance and may only be stored or disposed of according to federal and state regulations.
§ 615 Business Conversion.
[Ord. 2002-01, 2/7/2002, § 614]
The conversion of all or a portion of an existing building for a business use shall be subject to the procedures and requirements specified below:
A.
Permitted Uses. The conversion of an existing residential structure to a nonresidential use or an existing nonresidential use to another nonresidential use shall be for a use permitted within the applicable zone in which the building is located. The conversion can be a total conversion from residential use or a conversion of a portion of the premises, with the retention of one or more dwelling units [as in the case of a first-floor retail or office use with apartment(s) on the second and higher floors].
B.
Use, Area and Bulk Regulations. All use, area and bulk regulations of the prevailing zoning district shall apply.
C.
Parking Requirements. Off-street parking spaces shall be provided on said lot for each distinct use located on it, in accordance with § 304.
D.
If apartment units are proposed, each unit shall be provided with separate and complete kitchen facilities, flush toilet(s) and bathing facilities within the unit.
E.
Fire escapes where required shall be located on the rear and/or the interior side of the building. A sketch of the proposed fire escape location shall be supplied as part of the application for zoning approval.
§ 616 Campground.
[Ord. 2002-01, 2/7/2002, § 615]
In the A and C Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Setbacks. All campsites shall be located at least 50 feet from any property line and 100 feet from any street line.
C.
The proposed campground must comply with the appropriate health, sanitary and safety regulations of Manheim Township and the Commonwealth of Pennsylvania.
D.
Each campsite shall provide a minimum of 1,500 square feet and shall either provide parking space for one automobile, which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common area or lot.
E.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
F.
Consideration shall be given to traffic problems. If the nature of the campground is such that it will generate a high volume of vehicular traffic, the access should be via an major or minor collector street as designated by the Township Comprehensive Plan.
§ 617 Caretaker Dwelling.
[Ord. 2002-01, 2/7/2002, § 616]
Within all zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Off-street parking for the residential dwelling must be provided in addition to the parking required for the commercial or industrial use.
B.
No more than one such dwelling shall be permitted per lot.
C.
The applicant shall provide credible evidence that adequate water supply and sewage disposal facilities are provided.
§ 618 Cemetery.
[Ord. 2002-01, 2/7/2002, § 617]
In A or RR Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
All burial plots or facilities shall be located in accordance with the applicable setbacks of the district in which they are located.
B.
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
C.
No burial plots or facilities are permitted on floodplain land.
D.
All cemeteries shall be separated from adjoining streets and properties by a substantial fence or hedge which is acceptable to the Township.
§ 619 Place of Worship.
[Ord. 2002-01, 2/7/2002, § 618]
Within all zones and subject to the requirements of the underlying zone, except as herein modified and provided, churches and related uses are subject to the following criteria:
A.
Churches.
(1)
The minimum lot area shall be two acres, and the minimum lot width shall be 200 feet.
(2)
The minimum front, side and rear yards shall be 50 feet.
(3)
(4)
All off-street parking facilities shall be provided in accordance with the provisions of § 304 and shall be at least 25 feet from the street right-of-way line.
B.
Church-Related Residences.
(1)
Residences located on the same parcel as the church shall be subject to the same standards for detached single-family dwellings in the underlying district.
C.
Church-Related Educational or Day-Care Facilities.
(1)
All educational or day-care uses shall be accessory and located upon the same lot as a house of worship.
(2)
If education is offered below the college level, an outdoor play area shall be provided as follows:
(a)
Outdoor play areas shall be provided at a rate of 100 square feet per individual enrolled.
(b)
Off-street parking areas shall not be used as outdoor play areas.
(c)
Outdoor play areas shall not be located within the front setback and shall be set back 25 feet from all property lines.
(d)
Outdoor play areas shall be completely screened from adjoining residentially used or zoned land.
(3)
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(4)
Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(5)
All educational or day-care uses shall be governed by the location, height and bulk standards imposed upon principal uses within the underlying zone.
(6)
Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10 and/or one off-street parking space for each three students, grades 10 and above.
D.
Church-Related Recreation Standards.
(1)
All church-related recreational facilities shall be accessory to, and be located upon, the same parcel as a house of worship.
(2)
Church-related recreational facilities shall be set back 50 feet from all property lines and street rights-of-way.
(3)
Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the church-related recreational facility, one off-street parking space shall be provided for every three estimated users of the facility.
§ 620 Club.
[Ord. 2002-01, 2/7/2002, § 619]
In V or GC Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Access must be via an major or minor collector street as designated by the Township Comprehensive Plan.
B.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare, or litter.
C.
Buffers and screens shall be provided in accordance with this chapter to screen the use form adjoining streets and properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
§ 621 Communications Antenna, Communications Tower.
[Ord. 2002-01, 2/7/2002, § 620]
1.
General Requirements for Co-Location of Facilities.
A.
The applicant for the co-location of facilities shall be required to submit a building permit application for approval.
2.
General Requirements for Communications Antennas and Communications Buildings.
A.
Building-mounted communications antennas shall not be located on any residential structure.
B.
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning districts by no more than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed eight feet in height and two feet in width.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on a building or structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township Engineer.
G.
Any applicant proposing communications antennas to be mounted on a building or structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment can be accomplished.
H.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference with other communications facilities located within Manheim Township.
J.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory building.
K.
The owner and operator of communications antennas shall be licensed by the Communications Commission to operate such antennas and shall provide a copy of such license to the Township.
3.
General Requirements for Communications Towers.
A.
The applicant shall be required to submit to the Township evidence of the need for the communications tower and that all alternatives as presented hereafter have been exhausted prior to application for the use within the Township. Applicants are required to prove need by:
B.
Providing evidence, including coverage diagrams and technical reports, that, in terms of location and construction, there are no existing towers, communications towers, buildings or structures able to provide the platform for the necessary equipment for one or more of the following reasons:
(1)
Planned equipment would exceed the structural capacity of the existing communications towers, buildings or structures, and existing communications towers, buildings or structures, cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost.
(2)
Planned equipment will cause interference with other existing or planned equipment for that communications tower, building or structure and the interference cannot be prevented at a reasonable cost.
(3)
Existing or approved communications towers, buildings or structures do not have the space on which planned equipment can be placed so it can function effectively and at least be in parity with other similar equipment in place or planned.
(4)
Other reasons make it impractical to place the equipment by the applicant on existing and approved communications towers.
C.
The applicant shall present credible evidence regarding the construction methods or other measures used to prevent the structural failure of any structure and the scattering of ice onto adjoining properties and/or roads.
D.
Any communications tower that is of a height that would require attached lighting shall be as required by standards of the Federal Aviation Administration (FAA). Other lighting shall be permitted in accordance with the provisions contained elsewhere in this chapter.
E.
Communications towers may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.
F.
Communications towers shall be no closer than 1,000 feet from another communications tower, such distance being measured as a horizontal distance from tower to tower.
G.
The applicant for a communications tower must execute an agreement with Township, in a recorded instrument legally sufficient to the Township, reviewed by the Solicitor, requiring the removal of the communications tower within one year after the communications tower ceases to function as such. Removal of the communications tower shall include the tower, all appurtenances or component parts thereof, including any associated buildings or structures.
(1)
Responsibility of Owner and Occupant of Premises for Removal. No person, firm or corporation owning or occupying any property within Manheim Township shall permit, leave or cause to be left any communications tower, appurtenances or component part thereof, including any associated buildings or structures on said property on and after the aforesaid one year period. A communications tower, all appurtenances or component part thereof, including any associated buildings or structures, so remaining on the premises after the prescribed removal date shall be deemed in violation of the provisions of this section.
(2)
Notice to Conform. Manheim Township is hereby authorized, and directed to give notice, by personal service or U.S. mail, to the owner or occupant, or both, as the case may be, by certified mail, of the violation of the provisions of this chapter and directing and requiring said owner or occupant to conform with the requirements of this chapter within 30 days after issuance of such notice.
(3)
Violations and Penalties. In case any person, firm or corporation shall neglect, fail or refuse to comply with said notice within the period of time stated therein, Manheim Township may enter the premises and remove the communications tower, all appurtenances or component parts thereof, including any associated buildings or structures. In such event, all costs associated with the removal, together with reasonable attorney's fees and any additional payment authorized by law, may be collected by Manheim Township from such person, firm or corporation in the manner provided by law for collection of municipal claims or by an action of assumpsit.
H.
A security fence and gate, of approved design, of not less than eight feet, including barbed wire at the top, shall completely enclose the communications tower and anchor locations of guy wire (if used). This fencing shall be designed to be compatible with surrounding land uses.
I.
The applicant shall submit a landscaping plan. Landscaping requirements shall be in accordance with the requirements of the governing Subdivision and Land Development Ordinance [Chapter 22].
(1)
Landscaping, consisting of approved evergreen trees, shall be required at the perimeter of the security fencing. Layout and type of trees permitted shall be as set forth in the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
This requirement may be waived by the Township if there is existing acceptable vegetation along the property lines.
J.
A minimum of one parking space shall be required. Spaces shall meet requirements of this chapter. Parking spaces may be surfaced with a durable and dustless gravel surface.
K.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement of 20 feet in width and shall be improved to a width of at least 12 feet.
L.
Internal access to the communications tower shall be paved and maintained in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], shall be a minimum of 12 feet wide, and extend a minimum of 35 feet from the edge of any public street. The length of the driveway beyond this 35 feet shall, at a minimum, be surfaced with a minimum six-inch gravel base.
M.
Communications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.
N.
The communications equipment building shall be identified as an accessory building, and the applicable regulations for the host zoning district shall apply.
O.
Guy wires, if utilized, may not be anchored in any setback area of the host zoning district. Guy wires shall not cross or encroach any overhead telephone or electric power lines.
P.
Tower height shall be measured from the top of the foundation to the top of the tower.
Q.
A security gate shall be required to be installed a minimum of 45 feet from the center line of the public or private roadway.
R.
The applicant shall be required to have control over any land that is within a required setback area of this chapter. This control, submitted in writing, may be either in the form of ownership, lease or recorded easement, as reviewed by the Solicitor.
S.
The applicant shall submit a copy of its current Federal Communications Commission license: the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the amount $1,000,000 per occurrence covering the communications tower and communications antennas.
T.
No communications tower shall be located closer than 500 feet from any residential structure or from any existing structure, playground, ballfield or other area used for active recreation within a municipal park or school.
U.
No more than 10,000 square feet of clear-cutting of wooded areas shall be allowed for the site area of the communications tower.
V.
Setbacks shall be no less than the total tower height from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower to the appropriate line. This setback shall be increased by an additional 150 feet if any residential zone abuts the property in which the communications tower is located.
§ 622 Commercial Greenhouse, Nursery, Greenhouse.
[Ord. 2002-01, 2/7/2002, § 621]
In an A and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
Access must be via an major or minor collector street as designated by the Township Comprehensive Plan.
B.
No sale of general hardware, power tools or motorized equipment is permitted. No outdoor display of tools or equipment is permitted.
C.
Within the A Zone, the display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property.
D.
All outdoor display areas shall be set back at least 50 feet from the street right-of-way line.
E.
All structural improvements (including parking and loading facilities, but not including a freestanding sign) shall be screened from adjoining residentially used or zoned land.
F.
One freestanding or attached sign may be permitted advertising the business. Such sign shall not exceed 32 square feet in size and must be set back at least 10 feet from all street and lot lines.
G.
All greenhouses and nurseries that do not have vehicular access to an major or minor collector road, as identified in the Township Comprehensive Plan, shall be further restricted, as follows:
§ 623 Convenience Store.
[Ord. 2002-01, 2/7/2002, § 622]
In the V and GC Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
§ 624 Day Care Center, Adult, Child or Group.
[Ord. 2002-01, 2/7/2002, § 623]
Within the V or GC Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The use shall meet all requirements for certification by the State of Pennsylvania where required.
B.
Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances.
C.
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
D.
At least one parking space for each person employed plus one space for every two people to be served by the facility shall be provided.
E.
Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site and shall be arranged so that vehicles do not have to back onto streets to exit the site.
§ 625 Drive-In Business.
[Ord. 2002-01, 2/7/2002, § 624]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
§ 626 ECHO Housing.
[Ord. 2002-01, 2/7/2002, § 625]
Within the A Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
The ECHO housing may not exceed 900 square feet of floor area.
B.
The total building coverage for the principal dwelling, any existing accessory structures and the ECHO housing together shall not exceed the maximum limitation of a zone.
C.
The ECHO housing shall be occupied by a maximum of two people which shall be elderly, handicapped or disabled persons related to the occupants of the principal dwelling by blood, marriage or adoption.
D.
The landowner shall enter into an agreement with the Township, which shall be recorded, that sets forth the understandings and limitations of the ECHO housing.
E.
Change in use of the ECHO housing to any use not specifically approved by the Township shall require additional approvals by the Township, including, but not limited to, approval under the Township Subdivision and Land Development Ordinance [Chapter 22].
F.
Utilities.
(1)
For sewage disposal and water supply and all other utilities, the ECHO housing shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards.
(2)
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Zoning Hearing Board showing that the total number of occupants in both the principal dwelling and the ECHO housing will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.
(3)
A minimum of one off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the ECHO housing, in addition to that required for the principal dwelling.
(4)
The ECHO housing shall be installed and located only in the side or rear yard and shall adhere to all side and rear yard setback requirements for principal uses.
(5)
The ECHO housing shall be removed from the property within 12 months after it is no longer occupied by a person who qualifies for the use.
(6)
Upon the proper installation of the ECHO housing, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the ECHO housing is terminated.
§ 627 Essential Services With or Without Location Requirements.
[Ord. 2002-01, 2/7/2002, § 626]
Within all zones and subject to the requirements of those zones, except as herein after provided:
A.
Unless relief is granted through a special exception from the Zoning Hearing Board, front, side and rear setbacks shall be provided in accordance with the regulations of the zone in which the property is located.
B.
The height of building or structure shall not exceed that required by the zone regulations.
C.
Unhoused equipment shall be enclosed with a chain-link fence six feet in height.
D.
Housed Equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required.
E.
Screen Planting in Residential Zones and Adjacent to Residentially Occupied Lots. The required fence for unhoused equipment shall be screened in accordance with the requirements of this chapter and of the Township Subdivision and Land Development Ordinance [Chapter 22].
F.
The external design of the building shall be in conformity with the architectural character of the buildings in the surrounding area.
G.
Storage of Vehicles. In residential districts, essential services facilities shall not include the exterior storage of vehicles or equipment used in the maintenance of any utility.
§ 628 Family Day-Care Homes.
[Ord. 2002-01, 2/7/2002, § 627]
Within all zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
All family day-care homes shall be conducted within a detached single-family dwelling.
B.
All family day-care homes with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.
C.
Passenger dropoff and pickup areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site or back onto streets to exit the site.
§ 629 Farm and Construction Sales and Service; Lawn and Garden Sales and Service.
[Ord. 2012-1, 10/15/2012[1]]
Farm and construction sales and service are permitted within the A and GC Zones and subject to the requirements of the underlying zone except as herein modified and provided. Lawn and garden sales and service are permitted within the A, V and GC Zones, subject to the requirements of the underlying zone except as herein modified and provided.
A.
Access must be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
All structural improvements (including parking and loading facilities, but not including a freestanding sign) shall be screened from adjoining residentially used or zoned land.
C.
One freestanding or attached sign may be permitted advertising the business. Such sign shall not exceed 32 square feet in size and must be set back at least 10 feet from all street and lot lines.
D.
Any outdoor display of articles for sale shall be at least 10 feet from any property or street line.
E.
Any outdoor storage of supplies, materials, or products shall be located behind the building in which the farm and construction equipment sales and service are located. Such outdoor storage shall also be screened from adjoining roads and properties.
F.
A planting strip shall be provided in accordance with Part 3 of this Chapter. The planting strip shall have no impervious cover and shall not be used for building, parking, loading, or storage.
G.
Parking shall be provided in accordance with the requirements of this Chapter.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 630 Farm Occupations.
[Ord. 2002-01, 2/7/2002, § 628; as amended by Ord. 2008-01, 10/20/2008]
Within the A, RR and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
For the purposes of this chapter, farm occupations may involve the following uses:
B.
Facilities for the service and repair of farm machinery and equipment and small engines.
C.
Facilities contributing to the agrarian lifestyle characteristic of the residents of Manheim Township. Such facilities include, but are not limited to:
(1)
Arts and crafts manufacturing, with a retail sales display area not to exceed 1,000 square feet.
(2)
Antique shops with a total area not to exceed 1,000 square feet.
(3)
Blacksmith and tool sharpening shops.
(4)
Carriage, buggy, wagon and related appurtenances manufacturing, sales and service.
(5)
Carpenters.
(6)
Woodworking, furniture and cabinet making shops.
(7)
Metalworking shops.
(8)
Country housewares, hardware and dry goods stores with retail display area not exceeding 1,000 square feet.
(9)
Butcher shops.
(10)
Tailor and shoe shops.
(11)
Grain mills.
(12)
Processing of locally produced agricultural products.
(13)
Veterinary offices which primarily treat farm animals; stables; kennels.
(14)
Feed supply, feed and fertilizer distribution.
D.
No more than two acres of land shall be devoted to such use, including areas used for structures, parking, storage, display, setbacks, landscaping, etc. However, any lane serving the farm related business and a home and/or farm contained upon the same lot shall not be included as lot area devoted to the farm related business.
E.
At least one owner of the farm occupation must live on the property on which the farm occupation is conducted. No more than four nonresidents shall be employed by each farm occupation.
F.
All farm occupations shall be conducted upon the same lot as an actively farmed parcel.
G.
Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm occupation is located. Such outdoor storage shall also be screened from adjoining roads and properties.
H.
Any activities that produce noxious dust, odor, light or noise, perceptible at the property line are prohibited.
I.
Where the farm occupation is permitted only by special exception, the Zoning Hearing Board may attach additional conditions upon a farm occupation to preserve the agricultural character of the area, and protect adjoining uses.
J.
Total signage for a farm occupation shall not exceed 32 square feet in area.
K.
No mobile home shall be used for a farm occupation.
L.
Each farm occupation shall occupy no more than 4,000 square feet of gross floor area, unless noted otherwise.
§ 631 Farm Produce Market.
[Ord. 2002-01, 2/7/2002, § 629]
Within the A, C, RR, V and GC Zones and subject to the requirements of those zones, except as hereinafter provided:
A.
Farm produce markets shall be provided for the sale of agricultural products where at least 50% of the products are produced by the market owner/operator on lands under their direct ownership or control.
B.
Any structure constructed to display such goods shall be 600 square feet or less in size, be located at least 50 feet from any side or rear property line and have a maximum height of 20 feet. The maximum area within any existing structure used for the display of such goods shall not exceed 600 square feet in size.
C.
The structure shall be set back at least 20 feet from the street right-of-way and shall not create any obstructions to vision (see § 401).
D.
Off-street parking shall be provided for all employees and customers (see § 304).
E.
One sign with up to two faces shall be permitted. The maximum size of any one face shall not exceed 16 square feet in area. The total area of both sign faces shall not be greater than 32 square feet in area.
§ 632 Financial Institution and Business Services.
[Ord. 2002-01, 2/7/2002, § 630; as amended by Ord. 2012-1, 10/15/2012]
Within the V and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
All height, area, setback and coverage standards within the underlying zone shall apply.
C.
All off-street parking lots shall be set back 25 feet and screened from adjoining street and property lines.
D.
All buildings shall be set back at least 100 feet from adjoining residentially used or zoned land.
§ 633 Funeral Home.
[Ord. 2002-01, 2/7/2002, § 631]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
All height, area, setback and coverage standards within the underlying zone shall apply.
C.
All off-street parking lots shall be set back 25 feet and screened from adjoining street and property lines.
D.
All buildings shall be set back at least 100 feet from adjoining residentially used or zoned land.
§ 634 Golf Course and Golf Driving Range.
[Ord. 2002-01, 2/7/2002, § 632]
Within the A Zone (golf course and/or driving range) and within the GC Zone (driving range only) and subject to the requirements of the underlying zones, except as herein modified and provided, golf courses and/or driving ranges, including accessory uses (e.g., clubhouse, driving range, parking lots, storage sheds, pro shop, snack bar, restaurant, swimming pools, etc.), shall be subject to the following standards:
A.
Minimum lot area: 30 acres.
B.
No golf hole shall be arranged to require a golf ball to be driven across any building, road or parking lot.
C.
Any points where the golf course crosses a road(s) shall be signed warning motorists and pedestrians, and any private golf course road shall contain speed limits.
D.
All accessory uses of the golf course shall be set back at least 100 feet from all lot lines.
F.
All off-street parking requirements for the principal and accessory uses shall be in accordance with § 304 of this chapter.
G.
Golf driving ranges as a standalone use in the A and GC Zones are subject to the following additional requirements:
(1)
Golf driving ranges in the A and GC Zone shall be subject to the regulations pertaining to commercial recreation facilities.
(2)
Minimum lot area: five acres.
(3)
Retail sales of food and golf-related items shall be limited to maximum of 1,000 square feet of publicly used area.
(4)
The limits of the golf driving range shall be set back at least 100 feet from all lot lines and roads.
(5)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, lights and property damage.
§ 635 Hazardous Waste Facility.
[Ord. 2012-1, 10/15/2012[1]]
Within the GC Zone and subject to the requirements of the underlying zone except as herein modified and provided:
A.
Legislative Intent. The Board of Supervisors desires to provide standards for the operation of hazardous waste facility uses within the Township in order to protect the health, safety, and welfare of Township residents, workers at such establishments, and visitors to the Township. Public health and safety shall be maintained through control of noise, vibrations, dust, and particulate emissions, sulfur oxides, smoke, odor, toxic matter, detonable materials, fire hazards, glare, heat, radioactive radiation, liquid or solid wastes, and electromagnetic radiation. The Board of Supervisors also seeks to protect the public health and safety by imposing traffic and access controls to lessen the possibility of vehicular accidents and landscaping and screening requirements to provide a buffer area to the use and to discourage trespassing. The Board of Supervisors also seeks to protect the public through the requirement of a plan of access in the event of emergency conditions to allow police, firefighters, and rescue personnel to gain access to the premises efficiently and safely.
B.
Certification. All applications for a hazardous waste facility must be accompanied by a certification from a professional engineer registered in the Commonwealth of Pennsylvania that the proposed use can meet the performance standards set forth herein. Further, the Zoning Officer may employ consultants to evaluate the environmental effects with respect to performance standards.
C.
Enforcement. The performance standards contained in this section shall be the minimum standards to be met and maintained by all hazardous waste facility uses within the Township.
D.
Building Requirements. With the exception of quarries, and exclusive of the arrival, departure, loading, unloading, parking of permitted vehicles, and outdoor storage as provided herein, all hazardous waste facilities shall be contained within completely enclosed buildings.
E.
Storage. Storage shall be permitted outdoors, but the items stored shall not be visible from a public right-of-way, except visibility created by permitted ingress and egress. Outdoor storage within 100 feet of a residential district boundary or residential use not owned by the operator shall be effectively screened by a solid wall, fence, or planting in accordance with Part 3 of this Chapter.
G.
Dust and Particulates.
(1)
The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues, or other opening or any process, operation, or activity within the boundaries of any lot shall be in accordance with the Pennsylvania Code, Title 25, Environmental Protection.
H.
Sulfur Oxides.
(1)
Emission of oxides of sulfur (as sulfur dioxide) from combustion and other processes shall be in accordance with the Pennsylvania Code, Title 25, Environmental Protection.
I.
Smoke.
(1)
Emission of smoke shall be in accordance with the Pennsylvania Code, Title 25, Environmental Protection.
J.
Odor.
(1)
Odorous material released from any operation shall be in accordance with the Pennsylvania Code, Title 25, Environmental Protection.
K.
Toxic Matter.
(1)
The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines.
L.
Detonable Materials.
(1)
Activities involving the storage, utilization, or manufacture of products which decompose by detonation shall include but not be limited to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as uranium-235 and plutonium-239.
(2)
The storage, utilization, or manufacture of materials or products which decompose by detonation is limited to five pounds. Quantities in excess of five pounds of such materials may be stored or utilized, but not manufactured.
(3)
The storage, utilization, or manufacture of materials or products which decompose by detonation shall be in accordance with the Pennsylvania Code, Title 25, Environmental Protection.
M.
Fire Hazard Solids.
(1)
The storage, utilization, or manufacture of solid materials which are active to intense burning shall be conducted within walls having a fire resistance of no less than two hours or protected by an automatic fire-extinguishing system, or the building wall shall be no less than 75 feet from all lot lines. The outdoor storage of such materials shall not be closer than 100 feet from all lot lines.
N.
Fire Hazard Liquids and Gases.
(1)
The storage, utilization, or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this Section, exclusive of the storage of finished products in original sealed containers (60 gallons or less), which shall be unrestricted.
(2)
The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following Table I:
Table I Storage Capacity of Flammable Liquids and Gases | |||
|---|---|---|---|
Liquids | Gases | ||
Above ground flash point, ° F. | Above ground | ||
Less than 70° | 70° to 200° | ||
7,500 gallons | 30,000 gallons | 225,000 SCF* | |
Below ground flash point, ° F. | Below ground | ||
15,000 gallons | 60,000 gallons | 450,000 SCF* | |
*SCF — Standard Cubic Feet at 60° F. and 29.92 inches Hg. | |||
O.
Glare. All lighting shall be arranged to prevent glare on adjoining properties and streets.
P.
Heat. Heat, for the purpose of this Zoning Ordinance, is the thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10° F., whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property.
Q.
Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line, or which produce emissions injurious to humans, animals, or vegetation, or which are of an intensity which interferes with the use of any other property. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter 1, Part 20 [of the Code of Federal Regulations], Standards for the Protection Against Radiation, as amended, and all applicable regulations of the Commonwealth of Pennsylvania.
R.
Liquid or Solid Wastes.
(1)
No discharge shall be permitted at any point into any sewage disposal system, watercourse or lake, or into the ground, except in accordance with standards approved by the Department of Environmental Protection or other regulating department or agency, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
(2)
Chemical or other hazardous materials may only be stored in a manner that will not create a public health hazard or a public nuisance and may only be stored or disposed of according to the Pennsylvania Code, Title 25, Environmental Protection.
S.
Electromagnetic Radiation. No activities shall be permitted which emit electromagnetic radiation at any point beyond the property line and which produce emissions injurious to humans, animals, or vegetation, or which are of an intensity which interferes with the use of any other property. Any electromagnetic radiation activities shall be in accordance with the Pennsylvania Code, Title 25, Environmental Protection.
T.
It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or for any other use directly or indirectly associated with these purposes which does not comply with the 10 current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation, or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: 1) American Institute of Electrical Engineers, 2) Institute of Radio Engineers, and 3) Electronic Industries Association.
U.
Screening and Buffers.
(1)
Screening shall be provided in accordance with this Chapter to screen the use from adjoining streets and properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
(2)
A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or residentially zoned land. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for building, parking, loading or storage.
V.
Access and Parking Facilities.
(1)
Access must be via a major or minor collector street as designated by the Township Comprehensive Plan. Traffic entrances and exits shall be far enough from residential dwellings so that truck noise and vibration will be minimized.
(2)
All off-street parking lots shall be set back 25 feet and screened from adjoining street and property lines.
W.
Emergency Plan of Access. The applicant shall present notice of review by the emergency services provider of the type and extent of the use proposed. The emergency services provider shall provide the Township and the applicant written comments on their ability to adequately serve the proposed use; to recommend, when applicable, the appropriate location for dry hydrants; and to provide comments on the proposed access for emergency response purposes. The applicant shall address the emergency services provider's comments to the satisfaction of the Township.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 636 Health and Fitness Facility.
[Ord. 2002-01, 2/7/2002, § 633]
Within the V and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided, health and fitness facilities are subject to the following criteria:
A.
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines and 100 feet from any residentially-used or zoned land.
B.
Any accessory eating, or retail use, shall be limited to a maximum of 1,600 square feet and shall not be directly accessible without passing through the main clubhouse building.
C.
All lighting of outdoor recreation areas shall be arranged to prevent glare on adjoining properties and streets.
D.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, lights and property damage.
§ 637 Heavy Industrial Use.
[Ord. 2002-01, 2/7/2002, § 634]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area: three acres minimum.
B.
Lot width: 300 feet minimum.
C.
Setbacks. All buildings must be set back at least 100 feet from a street line.
D.
Access must be via an major or minor collector street as designated by the Township Comprehensive Plan. Traffic entrances and exits shall be far enough from residential dwellings so that truck noise and vibration will be minimized.
E.
The applicant shall provide a detailed description of the proposed use that addresses each of the following:
(1)
The nature of the processing operations, the materials used, the products produced and the generation and methods of disposal of any by-products. The applicant shall provide credible evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2)
The general scale of the operations in terms of its market area, floor space requirements, total number of employees per shift, hours of operation and overall site size.
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and the specific measures that will be implemented to mitigate or eliminate the impacts. The applicant shall provide credible evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable state and federal laws and regulations.
F.
All off-street parking lots shall be set back 25 feet and screened from adjoining street and property lines.
G.
A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or residentially zoned land. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage.
H.
Chemical or other hazardous materials may only be stored in a manner that will not create a public health hazard or a public nuisance and may only be stored or disposed of according to federal and state regulations.
I.
The applicant shall present notice of review by the emergency services provider of the type and extent of use proposed. The emergency services provider shall provide the Township and the applicant written comments on their ability to adequately serve the proposed use; to recommend, when applicable, the appropriate location for dry hydrants; and to provide comments on the proposed access for emergency response purposes. The applicant shall address the emergency services providers' comments to the satisfaction of the Township.
§ 638 Home Occupation and Home Business.
[Ord. 2002-01, 2/7/2002, § 635]
Within all zones and subject to the requirements of that zone, except as herein modified and provided, it is the intent of this section to establish regulations which will permit home occupations and home businesses in a manner which will preserve the peace, quiet, and tranquility of residential neighborhoods and to ensure the compatibility of such uses with other uses permitted within the same zoning district.
A.
All dwellings containing a home occupation or home business shall comply with the following:
(1)
The person primarily responsible for the home occupation or home business shall be a full-time resident of the premises.
(2)
No more than 30% of the gross floor area of the dwelling unit or accessory structure, excluding unimproved attics and unimproved basements of the dwelling, may be used for the practice of a home occupation or home business.
(3)
No displays or change in the building facade, including the dwelling and all accessory buildings, shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling.
(4)
Storage of materials, products, or machinery used for the home occupation or home business shall be wholly enclosed by the dwelling or accessory building, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.
(5)
Deliveries shall not restrict traffic circulation.
(6)
Traffic generated by the home occupation or home business shall not exceed volumes than would normally be expected in a residential neighborhood.
(7)
A home occupation or home business shall not produce noise, obnoxious odors, vibrations, lighting, glare, fumes, electrical interference or smoke detectable to normal sensory perception on any adjacent lots or streets.
(8)
The disposal of all materials, fluids and gases shall be in a manner that complies with all regulations of the Township and all other applicable government codes.
(9)
Home occupations or home businesses utilizing, or proposing to utilize, explosive, highly flammable or hazardous materials shall require proof of fire department notification and compliance with applicable building codes prior to using such materials.
B.
Additional Requirements for Home Occupations. In addition to the provisions of Subsection 1 above, home occupations shall be subject to the following additional restrictive requirements:
(1)
There shall be no more visitations by nonresidents for business purposes than would normally occur for a solely residential dwelling.
(2)
There shall be no retail sales of goods on the premises.
(3)
No signs shall be utilized.
(4)
There shall be no need for additional off-street parking.
(5)
All persons involved in the occupation shall be full-time residents.
(6)
The home occupation shall be conducted entirely within the dwelling.
C.
Additional Requirements for Home Businesses. In addition to the provisions of Subsection 1 above, home businesses shall be subject to the following additional restrictive requirements:
(1)
A home business shall limit any external evidence of an occupation to one nonilluminated sign, not exceeding four square feet in sign area, subject to the sign regulations of Part 3.
(2)
The requirement for additional parking facilities shall be determined by the Zoning Hearing Board.
(3)
Sales of goods on the premises shall be limited to goods made on the premises and/or goods which are incidental to services performed on the premises.
(4)
The Zoning Hearing Board shall approve the permitted hours of operation.
(5)
Home businesses shall be conducted only in single-family detached dwellings and their accessory structures.
(6)
The home business may employ up to two nonresident employees.
§ 639 Hospital.
[Ord. 2002-01, 2/7/2002, § 636]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
All height, area, setback and coverage standards within the underlying zone shall apply.
C.
All off-street parking lots shall be set back 25 feet and screened from adjoining street and property lines.
D.
All buildings shall be set back at least 100 feet from adjoining residentially used or zoned land.
E.
The applicant shall provide credible evidence of an approved means of disposal of all solid, medical and hazardous wastes.
F.
Emergency entrances shall be located on a building wall facing away from adjoining residentially used or zoned land.
G.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
H.
Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized.
I.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
§ 640 Kennel.
[Ord. 2002-01, 2/7/2002, § 637]
Within the A, V and GC Zones and subject to the requirements of the underlying zone in which located, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Setbacks. All buildings, dog runs, fenced enclosures and similar structures shall be located at least 100 feet from all property or street lines.
C.
All boarding areas shall be completely within an enclosed building.
D.
All outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure.
E.
The applicant shall furnish credible evidence that any and all other state and/or federal approvals have been obtained or that none are required prior to the application for any permit authorizing the erection or use of any structure or land for a kennel.
F.
The applicant shall furnish credible evidence of an effective and recognized acceptable manner for the disposal of animal waste and carcasses.
G.
The owner/operator shall be responsible to exercise reasonable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
§ 641 Laundry/Dry Cleaning Establishment and Self Service Laundry.
[Ord. 2002-01, 2/7/2002, § 638]
Within the V and GC Zones and subject to the requirements of those zones, except as herein modified and provided:
A.
Access shall be via an arterial street or collector street as designated by the Township Comprehensive Plan.
B.
Public sewer and public water shall be utilized; however, where public water and sewer facilities are not available, private, on-lot wastewater recycling systems shall be required.
C.
During operation or plant cleanup and maintenance, all windows and doors shall be kept closed.
D.
Any exhaust ventilation equipment shall be directed away from adjoining residentially used or zoned properties.
E.
Self-service laundries shall provide one off-street parking space for each two washing machines; other laundry or dry-cleaning uses shall provide one off-street parking pace for each 400 square feet of gross floor area. Dry-cleaning operations shall provide one loading area in accordance with § 305.
F.
Credible evidence must be presented to show that the operation will be conducted in accordance with all applicable state and/or federal requirements.
§ 642 Light Industrial.
[Ord. 2002-01, 2/7/2002, § 639; as amended by Ord. 2011-2, 9/19/2011]
Within the A and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks. All buildings must be set back at least 100 feet from a street line. Parking areas shall be set back at least 50 feet and screened in accordance with the terms of this chapter from any adjoining residential use.
D.
A landscape strip of at least a fifty-foot width must be located on the site in all situations where the site adjoins a residential use. This yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.
E.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan. Access shall be located at a point that is located the farthest away from any adjoining residential use and provides safe and adequate access as required by this chapter and the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
F.
The applicant shall present notice of review by the emergency services provider of the type and extent of use proposed. The emergency services provider shall provide the Township and the applicant written comments on their ability to adequately serve the proposed use; to recommend, when applicable, the appropriate location for dry hydrants; and to provide comments on the proposed access for emergency response purposes. The applicant shall address the emergency services providers' comments to the satisfaction of the Township.
G.
Credible evidence needs to be submitted by the applicant to demonstrate, to the satisfaction of the Township, that satisfactory provisions have been or will be provided to insure that the use will conform with the applicable state and/or federal regulations concerning noise, odors, fumes, glare, vibration, smoke, vapors and gases, electrical emissions and industrial wastes. Chemical materials shall be stored in a manner that will not create a public health hazard or a public nuisance and shall only be used, stored or disposed of in accordance with federal and state regulations.
§ 643 Medical Clinic.
[Ord. 2002-01, 2/7/2002, § 640]
Within the V and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
D.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
E.
The use shall be operated in accordance with all applicable state and/or federal regulations.
F.
Appearance should be harmonious with adjoining properties. This feature includes, but is not limited to: landscaping, height control, sign control, building coverage and architectural controls.
G.
Parking, buffers and screening shall be provided as required by this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
H.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic may be permitted as part of the clinic subject to the following specific conditions:
(1)
All entrances to parts of the building in which these accessory services are provided shall be from within the building. Direct exterior access to any accessory services by patients from the street is prohibited.
(2)
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(3)
When two or more principal uses occupy the same building on the same lot, all parking, lot area and building area requirements pertaining to each use shall be met in full.
§ 644 Mobile Home Park.
[Ord. 2002-01, 2/7/2002, § 641]
A mobile home park shall be permitted by special exception in the RR Zone, subject to the requirements of that zone, the provisions of Part 7 of the Manheim Township Subdivision and Land Development Ordinance [Chapter 22] and as herein modified and provided:
A.
Lot Size and/or Density.
(1)
A mobile home park shall contain a minimum of five acres.
(2)
Maximum density in a mobile home park served by public water and sewer shall be five units per acre.
(3)
Maximum density in a mobile home park served by on-lot water or sewer shall be two units per acre.
(4)
All mobile home lots or areas shall contain at least 8,000 square feet.
B.
Vehicular Parking Facilities. Off-street parking spaces shall be provided in all mobile home parks in accordance with the following:
(1)
Each mobile home shall be provided with a minimum of two paved parking spaces containing at least 180 square feet each of bituminous or concrete surface, which shall be located on the mobile home lot.
(2)
One additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged and located so that the spaces are within 300 feet walking distance to any unit served.
(3)
Access to all parking spaces shall be limited to interior roads of the mobile home park; in no case shall access to such parking spaces be provided from adjoining public roads.
C.
Landscaping.
(1)
Landscaping shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
All mobile home parks shall be provided with a perimeter landscape buffer strip that is at least 50 feet wide. Such width shall be measured from the adjoining property and rights-of-way lines. The buffer strip shall contain a vegetation screen in accordance with § 509, Subsection 1A, of the Township Subdivision and Land Development Ordinance [Chapter 22].
D.
Building Setbacks and Separations.
(1)
Mobile homes shall conform to the building setback and separation requirements of this chapter and as follows.
(2)
Each mobile home lot shall have a minimum front yard of 30 feet, rear yard of 25 feet and two side yards of 10 feet each. In no case shall the distance between any two mobile homes be less than 25 feet (these setbacks shall also apply to mobile home park office, service, utility or other buildings).
(3)
Individual mobile home owners may install accessory or storage sheds, extensions and additions to mobile homes and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side, or rear setback, and, in every case, shall substantially conform in style, quality and color to the existing mobile homes.
§ 645 Motel/Hotel.
[Ord. 2002-01, 2/7/2002, § 642]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Lot width: 250 feet minimum.
C.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
D.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
E.
The use shall be operated in accordance with all applicable state and/or federal regulations.
F.
Appearance should be harmonious with adjoining properties. This feature includes, but is not limited to: landscaping, height control, sign control, building coverage and architectural controls.
G.
Parking, buffers and screening shall be provided as required by this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
H.
When two or more principal uses occupy the same building on the same lot, all parking, lot area and building area requirements pertaining to each use shall be met in full.
§ 646 Multifamily Dwelling(s), Apartment House and Townhouse (Single-Family Attached) Dwellings.
[Ord. 2002-01, 2/7/2002, § 643; as amended by Ord. 2012-1, 10/15/2012]
Within the RR and V Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
In the case of a multifamily dwelling or group of townhouses where individual dwelling units are located on a single lot and share with other units a common yard area (e.g., garden apartments, rental townhouses), the following requirements shall apply:
(1)
Side Setback. Minimum side setbacks of 20 feet each shall be provided.
(2)
The maximum density for lots served by public water and public sewer shall be eight dwelling units per acre of lot area.
(3)
The maximum density for lots served by on-lot water and sewage facilities shall be four dwelling units per acre of lot area.
(4)
On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
(5)
Distance Between Buildings. Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.
(6)
All parking areas shall be located at least 10 feet from any property line or street line.
(7)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
In the case of a townhouse (single-family attached dwelling) development where individual dwelling units are located on separate lots, the following requirements shall apply:
(1)
Lot Area. Each lot shall have a minimum area of 2,000 square feet.
(2)
Lot Width. Each lot shall have a minimum width of 20 feet.
(3)
There shall not be more than six dwelling units in any one row.
(4)
Dwelling units at the end of a row shall have a minimum side setback of 20 feet.
(5)
The maximum density for lots served by public water and public sewer shall be eight dwelling units per acre of lot area.
(6)
The maximum density for lots served by on-lot water and sewage facilities shall be four dwelling units per acre of lot area.
(a)
On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
§ 647 Nightclub.
[Ord. 2012-1, 10/15/2012[1]]
Within the GC Zone and subject to the requirements of the underlying zone except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by the Township Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
C.
Credible evidence must be presented to show that the operation will be conducted in accordance with all applicable State and/or Federal requirements.
D.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare or litter.
E.
Buffers and screens shall be provided in accordance with this Chapter to screen the use from adjoining streets and properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
F.
The noise level at any property line shall not exceed the ambient noise level.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 648 Nursing, Rest or Retirement Community.
[Ord. 2002-01, 2/7/2002, § 644]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
The proposed facility may be comprised of any or all of the following uses:
(1)
Independent dwelling units: single-family detached dwellings and single-family attached dwellings (provided that no more than six single-family dwelling units are attached in a linear row). Each dwelling unit shall contain complete kitchen, toilet and bathing facilities, and shall have at least one outside window.
(2)
Congregate housing units: multifamily dwellings in which each group of units is associated with one or more common areas designed for the exclusive benefit of the group. Each unit shall contain at a minimum a private or semiprivate bedroom and a private complete bathroom. Each unit shall contain at least one outside window. Each unit shall provide space and facilities for cooking and related kitchen activities, dining, bathing and toilet functions. Common areas may also be provided for recreation, relaxation, clothes washing and similar activities.
(3)
Assisted living facilities: premises, or a portion thereof, in which food, shelter, and licensed personal assistance or supervision are provided for residents requiring supervision and assistance in such matters as dressing, bathing, diet or medication prescribed for self-administration but not requiring hospitalization or skilled nursing care. Facilities shall include a living/sleeping area and a private powder room although a shared bath will be permitted.
(4)
Skilled care facilities: premises or a portion thereof used to house and care for persons requiring continuous intermediate or skilled nursing care.
(5)
Offices incidental to administration, management and health care; activity areas, craft, woodworking and hobby shops, recreation facilities, gift shops, personal services facilities, dining facilities, health care facilities, maintenance facilities, bank, library, snack bar, village store, pharmacy, chapel and similar uses designed to be exclusively for the use of residents and their guests as well as any other buildings or uses incidental to the main or principal uses.
B.
The proposed use shall primarily serve the needs of retirement age persons. At least one resident of each household shall be at least 50 years old or possess some handicap that can be treated within a setting like the retirement community.
C.
The proposed use shall achieve a balanced residential/medical campus that cannot be achieved through the use of conventional zoning techniques.
D.
Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers.
E.
Commercial, medical and recreational uses shall be grouped together and located near the populations being served.
F.
The minimum land area devoted to the campus shall be two contiguous acres and the applicant shall furnish evidence of an approved means of sewage disposal and water supply.
G.
The site shall front on and have direct access onto a collector or arterial road as identified in § 315.
H.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
I.
All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially-zoned land, 50 feet from all lot lines of the subject property and 50 feet from all on-site residences.
J.
The maximum overall density for lots served by public water and public sewer shall be 10 dwelling units per acre of lot area.
K.
The maximum overall density for lots served by on-lot water and sewage facilities shall be six dwelling units per acre of lot area.
(1)
On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
L.
All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property, 20 feet from any public or private street right-of-way or parking lot, and a distance equal to their height from any other on-site residence.
(1)
The maximum permitted height is 60 feet, provided that an additional two feet of required building setback shall be provided for each foot of building height exceeding 35 feet.
(2)
No more than 35% of the subject property shall be covered with structures, buildings, parking and loading areas and/or other impervious surfaces.
(3)
Each off-street parking lot shall provide at least 20% of the total parking spaces as those designed for the physically handicapped. Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.
(4)
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
§ 649 Outdoor Sales.
[Ord. 2002-01, 2/7/2002, § 645]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
A screen/buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or residentially zoned property. The screen/buffer yard shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22] and shall not be used for any building, display, marking, loading or storage.
C.
All lighting shall be in accordance with the requirements of the Township Subdivision and Land Development and Stormwater Ordinance [Chapter 22].
D.
Outdoor sales areas shall not be used for any type of service, repair, or any type of maintenance.
E.
No displays are permitted within 10 feet from the right-of-way or any power line. Displays shall not be located as to impede the clear sight triangle or cause a vision obstruction.
§ 650 Park.
[Ord. 2002-01, 2/7/2002, § 646; as amended by Ord. 2005-01, 8/4/2005, § V]
Within all zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
The applicant shall present a detailed written narrative of the proposed use in sufficient detail to allow the Zoning Hearing Board to properly evaluate the proposed use. The Zoning Hearing Board shall have the right to request additional information, studies, etc., as deemed necessary by and at the sole discretion of the Zoning Hearing Board, to evaluate the impact and determine the appropriateness of the proposed use considering the guidelines below.
B.
Consideration shall be given to traffic problems. If the nature of the park or recreation area is such that it may generate a high volume of vehicular traffic, as determined by the Zoning Hearing Board, the Zoning Hearing Board may require access to be via an major or minor collector street as designated by the Township Comprehensive Plan.
C.
The applicant shall furnish credible evidence that the proposed use will not be detrimental to the use of adjoining properties due to noise-generating activities.
D.
Parking, screening and setbacks shall be provided in accordance with this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
E.
The Zoning Hearing Board shall decide the appropriateness of the design of parking, lighting and similar features of the proposed use to minimize adverse impacts on adjacent properties.
§ 651 Parking Lot/Parking Garage.
[Ord. 2012-1, 10/15/2012[1]]
Within the GC Zone and subject to the requirements of the underlying zone except as herein modified and provided:
A.
The subject tract shall front on and gain access from either a major or minor collector road as identified in the Comprehensive Plan.
B.
The applicant shall demonstrate that access to and the design of the parking facilities shall not create vehicle backups onto existing abutting streets.
C.
Off-street parking areas and access drives shall be provided in accordance with Part 3 of this Chapter.
D.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare or litter.
E.
The maximum impervious lot coverage shall be no greater than 70%.
F.
The minimum landscaped area shall be no less than 30%.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 652 Personal Services.
[Ord. 2002-01, 2/7/2002, § 647]
Within the V and GC Zones and subject to the requirements of the underlying zone, except as hereinafter provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
The applicant shall present a detailed written narrative of the proposed use in sufficient detail to allow the Zoning Hearing Board to properly evaluate the proposed use. The Zoning Hearing Board shall have the right to request additional information, studies, etc., as deemed necessary by and at the sole discretion of the Board, to evaluate the impact and determine the appropriateness of the proposed use considering the guidelines below:
D.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
E.
The applicant shall demonstrate that access to and from the sight and the design of the parking facilities shall not cause vehicles to backup onto abutting streets or obstruct internal access drives.
F.
The maximum building coverage shall not exceed 15%, and the maximum impervious coverage shall not exceed 20%.
G.
Within the V Zone, off-street parking shall not be permitted within any front yard or within any side or rear setback areas.
H.
The use shall be operated in accordance with all applicable state and/or federal regulations.
§ 653 Business Office Building.
[Ord. 2002-01, 2/7/2002, § 648]
Within the V and GC Zones and subject to the requirements of the underlying zones, except as herein after provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
Parking, screening, lighting and setbacks shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
C.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
§ 654 Public Building/Municipal Uses.
[Ord. 2002-01, 2/7/2002, § 649]
Within all zones and subject to the requirements of the zone in which located, except as herein modified and provided.
A.
The applicant shall present a detailed written narrative of the proposed use in sufficient detail to allow the Zoning Hearing Board to properly evaluate the proposed use. The Zoning Hearing Board shall have the right to request additional information, studies, etc., as deemed necessary by and at the sole discretion of the Board, to evaluate the impact and determine the appropriateness of the proposed use with the guidelines below:
B.
Consideration shall be given to traffic problems. If the nature of the public building/municipal use is such that it may generate a high volume of vehicular traffic, as determined by the Zoning Hearing Board, the Zoning Hearing Board may require access to be via an major or minor collector street as designated by the Township Comprehensive Plan.
C.
Setbacks. All buildings and related facilities shall be set back at least 50 feet from any property line and 75 feet from a street line.
D.
Parking, screening and lighting shall be provided in accordance with the requirements this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
E.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
§ 655 Quarry.
[Ord. 2012-1, 10/15/2012[1]]
Within the A Zone and subject to the requirements of the underlying zone except as herein modified and provided:
A.
General. Quarry operations:
(1)
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.
(3)
May not adversely affect the local, efficient and economical extensions of public services, facilities and utilities throughout the Township.
(4)
May not create any significant damage to the health, safety, or welfare of the Township and its residents and property owners.
(5)
May not result in the land area subject to quarrying being placed in a condition that will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.
(6)
Must demonstrate compliance with all applicable State regulations at all times.
B.
Certification. All applications for a quarry must be accompanied by a certification from a professional engineer registered in the Commonwealth of Pennsylvania that the proposed use can meet the requirements set forth herein. Further, the Zoning Officer may employ consultants to evaluate the environmental effects with respect to performance standards.
C.
Site Plan Requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan, on a scale of not less than one inch equals 200 feet, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
(1)
The boundaries of the proposed land affected, together with the drainage area above and below the area.
(2)
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.
(3)
The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants.
(4)
The purpose for which each building is used.
(5)
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
D.
Minimum Lot Area. The minimum lot area will be 50 acres.
E.
Screening and Buffering. A fence measuring at least eight feet in height must enclose the area of actual quarrying. All fencing shall be provided with buffering, landscaping and screening in accordance with Part 3 of this Chapter.
F.
Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from abutting and/or adjacent uses:
Quarry-Related Feature | Existing Resi- dential Use (feet) | Existing Nonresi- dential Building (feet) | Residentially Zoned District (feet) | Adjoining Road (feet) | Public/ Nonprofit Park (feet) | Cemetery or Stream Bank (feet) | Abutting Property (feet) |
|---|---|---|---|---|---|---|---|
Stock piles or spoil piles | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.) | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Quarry pit | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
Other operational equipment, structures and/or improvements | 300 | 300 | 500 | 100 | 300 | 100 |
G.
Access. Vehicular access must be via a major or minor collector street as designated by the Township Comprehensive Plan. Traffic entrances and exits shall be far enough from residential dwellings so that truck noise and vibration will be minimized.
(2)
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
(3)
Access drives shall intersect public streets at 90°. Said angle shall be measured from the center line of the street to the center line of the access drive.
I.
Reclamation. The applicant shall demonstrate compliance with Title 25, Chapter 77, Noncoal Mining, of the Pennsylvania Code. The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days whenever a change in the reclamation plan is proposed to the PA DEP.
J.
Operations and Progress Report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:
(1)
The name or number of the operation.
(2)
The location of the operation with reference to the nearest public road.
(3)
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.
(4)
The name and address of the landowner or his duly authorized representative.
(5)
An annual report of the type and quantity of mineral produced.
(6)
The current status of the reclamation work performed in pursuance of the approved reclamation plan.
(7)
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed.
(8)
Verification that the proposed use continues to comply with all applicable State regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 656 Recreation Facilities.
[Ord. 2002-01, 2/7/2002, § 650]
1.
General. All recreation facilities are subject to the following criteria:
A.
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
B.
Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
C.
The applicant shall furnish credible evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
D.
Required parking will be determined based upon the types of activities proposed and the schedule listed in § 304. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
E.
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means of access to correct the traffic situation.
2.
Outdoor Recreational Facility. Within the A, C, V and GC Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Setbacks. The area to be used for recreational purposes must be set back at least 50 feet from any property or street line.
B.
Where an outdoor recreational use adjoins a residential use, trees or shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and adjoining residential properties.
C.
Required parking shall be based upon the requirements of § 304 of this chapter. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 304 of this chapter. When deemed necessary, the Zoning Hearing Board may require an unimproved grassed overflow parking area for peak period use, located and designed in a manner which prohibits vehicles from crossing adjoining properties and directly accessing adjoining roads.
D.
All entrances to the commercial recreation facility shall be designed so that vehicle backup on abutting roads does not occur.
E.
The applicant must furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.
F.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare, or litter.
3.
Indoor Recreation Facilities. Within the V and GC Zones and subject to the requirements of the zone in which located, except as herein modified and provided:
A.
Setbacks. The area to be used for recreational purposes must be set back at least 50 feet from any property or street line.
B.
All activities shall take place within a wholly enclosed building.
C.
Required parking shall be based upon the requirements of § 304 of this chapter. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 304 of this chapter. When deemed necessary, the Zoning Hearing Board may require an unimproved grassed overflow parking area for peak period use, located and designed in a manner which prohibits vehicles from crossing adjoining properties and directly accessing adjoining roads.
D.
All entrances to the commercial recreation facility shall be designed so that vehicle backup on abutting roads does not occur.
E.
The applicant must furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.
F.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare, or litter.
§ 657 Repair Services.
[Ord. 2012-1, 10-15-2012[1]]
Within the V and GC Zones and subject to the requirements of the underlying zone except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
The subject tract shall front on and gain access from either a major or minor collector street as identified in the Comprehensive Plan.
D.
The applicant shall demonstrate that access to and from the site and the design of the parking facilities shall not cause vehicles to back up onto abutting streets or obstruct internal access drives.
E.
Within the V Zone, off-street parking shall not be permitted within any front yard or within any side or rear setback areas.
F.
Outdoor storage shall not be permitted.
G.
All service and/or repair activities shall be conducted within a totally enclosed building.
H.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare or litter.
I.
Buffers and screens shall be provided in accordance with this Chapter to screen the use from adjoining streets and properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
J.
The noise level at any property line shall not exceed the ambient noise level.
[1]
Editor's Note: This ordinance added new §§ 607, 629, 635, 647, 651, 655, and 657 and renumbered former §§ 607 through 627 as §§ 608 through 628; former §§ 628 through 632 as §§ 630 through 634; former §§ 633 through 643 as §§ 636 through 646; former §§ 644 through 646 as §§ 648 through 650; former §§ 647 through 649 as §§ 652 through 654; former § 650 as § 656; and former §§ 651 through 671 as §§ 658 through 678, respectively.
§ 658 Research Laboratory.
[Ord. 2002-01, 2/7/2002, § 651]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
Setbacks. All buildings must be set back at least 100 feet from a street line. Parking areas shall be set back at least 50 feet and screened in accordance with the terms of this chapter from any adjoining residential use.
D.
The applicant shall present a detailed written narrative of the proposed use in sufficient detail to allow the Zoning Hearing Board to properly evaluate the proposed use. The Zoning Hearing Board shall have the right to request additional information, studies, etc., as deemed necessary by and at the sole discretion of the Board, to evaluate the impact and determine the appropriateness of the proposed use considering the guidelines below:
E.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
F.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
G.
The external design of the building shall be in conformity with the architectural character of the buildings in the surrounding area.
H.
Lighting shall be provided in accordance with the requirements this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
I.
Credible evidence must be presented to show that the operation will be conducted in accordance with all applicable state and/or federal requirements.
J.
Credible evidence shall be provided by the applicant to demonstrate that adequate provisions shall be made to minimize harmful or unpleasant effects (noise, odors, fumes, glare, vibration, smoke).
§ 659 Restaurant.
[Ord. 2002-01, 2/7/2002, § 652]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
Where available, public sewer and public water facilities shall be utilized. On-lot sewage disposal facilities shall be inspected by a registered Sewage Enforcement Officer, who shall certify that the system meets current DEP on-lot sewage disposal permitting requirements.
C.
Credible evidence must be presented to show that the operation will be conducted in accordance with all applicable state and/or federal requirements.
§ 660 Retail Store/Sales.
[Ord. 2002-01, 2/7/2002, § 653]
Within the V and GC Zones and subject to the requirements of those zones, except as herein after provided:
A.
Lot area: one acre minimum.
B.
Lot width: 150 feet minimum.
C.
The applicant shall demonstrate that access to and from the site and the design of the parking facilities shall not cause vehicles to backup onto abutting streets or obstruct internal access drives.
D.
Within the V Zone, off-street parking shall not be permitted within any front yard or within any side or rear setback areas.
E.
Outdoor storage shall not be permitted within any front yard or parking area, except for the incidental display of seasonal merchandise directly within six feet of the front of the building. Within the V Zone, outdoor storage shall not be permitted within any side or rear setback area.
§ 661 Boarding Farm, Riding School/Club/Stable.
[Ord. 2002-01, 2/7/2002, § 654]
Within the A Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Except as herein after provided, for lots less than 10 acres, a minimum of one acre of area dedicated solely to the keeping and maintenance of said animal(s), and no other use per one animal unit shall be provided. For the purposes of this section, the area dedicated solely to the keeping and maintenance of said animal(s) shall not include any portion of any building, drive, any initial or replacement septic absorption area, or any portion of the property used for any other use.
B.
For lots greater than 10 acres, a maximum of two animal units per acre of area dedicated solely to the keeping and maintenance of said animal(s), and no other use shall be provided. For the purposes of this section, the area dedicated solely to the keeping and maintenance of said animal(s) shall not include any portion of any building, drive, any initial or replacement septic absorption area, or any portion of the property used for any other use.
C.
No stable shall be located less than 50 feet from any lot line nor closer than 100 feet from the nearest existing dwelling, other than that of the owner.
D.
The area in which animals are kept shall be maintained in a healthy grass cover of at least two acres.
E.
All fences shall be a minimum of 25 feet from the center line of any street or a minimum of 8 1/2 feet from the street right-of-way line, whichever is greater.
F.
All stables shall be maintained so to minimize odors perceptible at the property line. All animal wastes shall be properly stored and disposed of in accordance with a written nutrient management plan meeting the requirements of the DEP and the York County Conservation District.
G.
All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot-high fence which is located at least five feet from all property lines.
H.
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a barricade delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties, and preventing direct access to public roads.
I.
No manure storage facility or area shall be established closer than 100 feet to any property line.
J.
One sign with up to two faces shall be permitted. The maximum size of any one face shall not exceed 16 square feet in area. The total area of both sign faces shall not be greater than 32 square feet in area.
K.
Adequate off-street parking shall be provided in accordance with requirements of § 304.
L.
Retail sales of food and horse-related items shall be limited to maximum of 1,000 square feet of publicly used area.
§ 662 Rooming House.
[Ord. 2002-01, 2/7/2002, § 655]
Within the RR and V Zones and subject to the requirements of those zones, except as herein after provided:
A.
No facilities for cooking shall be provided in individual rooms or suites.
B.
If an existing dwelling is to be utilized for a rooming house, the owner shall provide proof that the existing water and sewage disposal systems are adequate for the proposed number of occupants; or new systems of adequate capacity shall be provided. The proposed method of sewage disposal must be in compliance with all State regulations and must be approved by the Township Sewage Enforcement Officer.
C.
A rooming house shall be owner-occupied and shall be an accessory use to a single-family dwelling.
D.
A maximum of eight rooms shall be provided.
E.
Any dwelling proposed for use as a rooming house shall have a floor area, in addition to the floor area required for the principal dwelling, of 300 square feet for each roomer.
F.
Any rooming house shall comply with all applicable federal, state and local laws and regulations, including, but not limited to, fire, health, safety and building codes.
§ 663 Salvage Yard.
[Ord. 2002-01, 2/7/2002, § 656]
Within the A and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
Lot area: five acres minimum.
B.
Lot width: 300 feet minimum.
C.
Setbacks. Any area used for this purpose must be at least 25 feet from any property line and 50 feet from any street line.
D.
The area to be used must be completely enclosed with a six-foot high fence so constructed as not to have openings greater than six inches in any direction.
E.
The use shall be screened from all roads and adjoining properties in accordance with the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
F.
The use shall be operated in accordance with all applicable state and/or federal regulations.
G.
Provide plan for removal, storage and disposal of petroleum products and other hazardous materials such as batteries, etc. and evidence of compliance with all applicable state and/or federal regulations.
§ 664 Solid Waste Disposal and Processing Facilities.
[Ord. 2002-01, 2/7/2002, § 657]
Within the A and GC Zones and subject to the requirements of those zones, except as herein modified and provided:
A.
Any processing of solid waste (including, but not limited to, incineration, composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
B.
No refuse shall be deposited or stored, and no building or structure shall be located within 500 feet of any property line and 1,000 feet of any adjoining residence or land within a residential zone.
C.
Any area used for the unloading, transfer, storage, processing, incineration or deposition of refuse must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight foot-high fence, with no openings greater than two inches in any direction.
D.
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
E.
The use shall be screened from all roads and adjoining properties in accordance with the Manheim Township Subdivision and Land Development Ordinance [Chapter 22].
F.
All uses shall provide sufficiently long stacking lanes into the facility, so those vehicles waiting to enter will not backup onto public roads.
G.
All driveways onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, a two-hundred-foot-long gravel section of driveway should be placed and maintained just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
H.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
I.
The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare, or litter.
J.
The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.
K.
Any waste that cannot be used in any disposal process/or material that is to be recycled shall be stored in leak and vector proof containers. Such containers shall be designed to prevent their contents from being carried by wind or water. These containers shall be stored within a completely enclosed building.
L.
All storage of solid waste shall be indoors in a manner that is leak and vector proof. During normal operation, no more solid waste shall be stored on the property then is needed to keep the facility in constant operation; but in no event for more than 72 hours.
M.
A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.
N.
Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.
O.
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
P.
In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed use on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer.
Q.
A water system that does not provide an adequate supply of water for the proposed use, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed use shall not be approved by the Township.
R.
A water feasibility study shall include the following information:
(1)
Calculations of the projected water needs.
(2)
A geologic map of the area with a radius of at least one mile from the site.
(3)
The location of all existing and proposed wells within 3,000 feet of the perimeter of the site, with a notation of the capacity and source there of for all wells.
(4)
The location of all existing on-lot sewage disposal systems within 3,000 feet of the site.
(5)
The location of all streams within 1,000 feet of the site and all known point sources of pollution.
(6)
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.
(7)
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.
(8)
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
S.
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure the structural stability of the system, safe turning movements to and from the site, and safe through movements on the existing roads.
T.
A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.
§ 665 Sawmill, Accessory.
[Ord. 2002-01, 2/7/2002, § 658]
Within the A, C, RR and GC Zones and subject to the requirements of those zones, except as herein modified and provided:
A.
Accessory sawmills shall only be conducted as an accessory use to an actively farmed parcel and shall occupy no more than one acre.
B.
The operation shall be limited to custom sawing or to the sawing of materials grown on the property. For the purposes of this section, custom sawing shall be defined as providing incidental sawmilling services as an accessory use for adjoining or local individual landowners. This section shall not be used to circumvent the intent of the commercial sawmill requirements.
§ 666 Sawmill, Commercial.
[Ord. 2002-01, 2/7/2002, § 659; as amended by Ord. 2005-01, 8/4/2005, § IV]
Within the A and GC Zones and subject to the requirements of those zones, except as herein modified and provided:
A.
The minimum lot area shall be five acres.
B.
The minimum lot width shall be 250 feet.
C.
Within the GC Zone, all aspects of the operation, including parking and any type of storage, shall be set back a minimum of 25 feet from all property and street lines.
D.
Within the A Zone, all aspects of the operation, including parking and any type of storage, shall be set back a minimum of 100 feet from all property and street lines.
E.
The use shall be located 500 feet from any adjoining residence.
F.
The applicant shall present a detailed written narrative of the proposed use in sufficient detail to allow the Zoning Hearing Board to properly evaluate the proposed use. The Zoning Hearing Board shall have the right to request additional information, studies, etc., as deemed necessary by, and at the sole discretion of the Zoning Hearing Board, to evaluate the impact and determine the appropriateness of the proposed use considering the guidelines below:
(1)
Consideration shall be given to traffic problems. If the nature of the commercial sawmill is such that it may generate a high volume of vehicular traffic, as determined by the Zoning Hearing Board, the Zoning Hearing Board may require access to be via major or minor collector street as designated by the Township Comprehensive Plan.
(2)
The applicant shall furnish credible evidence that the proposed use will not be detrimental to the use of adjoining properties due to noise generating activities.
(3)
Any noise-generating activities.
G.
The operation shall be limited to sawmill services or to sawmilling related services.
H.
Vehicular access shall be provided in accordance with the requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
I.
The retail sale of by-products, such as sawdust or bark mulch, produced on the property shall be permitted.
§ 667 School.
[Ord. 2002-01, 2/7/2002, § 660; as amended by Ord. 2008-01, 10/20/2008]
In the RR, V and GC Zones and subject to the requirements of the zone in which the property is located, except as herein modified and provided:
A.
All height, area, setback and coverage standards within the underlying zone shall apply.
B.
All off-street parking lots shall be set back 25 feet and screened from adjoining street and property lines.
C.
All buildings shall be set back at least 50 feet from adjoining residentially used or zoned land.
D.
If education is offered below the college level, an outdoor play area shall be provided as follows:
(1)
Outdoor play areas shall be provided at a rate of 100 square feet per individual enrolled.
(2)
Off-street parking areas shall not be used as outdoor play areas.
(3)
Outdoor play areas shall not be located within the front setback and shall be set back 25 feet from all property lines.
(4)
Outdoor play areas shall be completely screened from adjoining residentially used or zoned land.
E.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
F.
Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site and shall be arranged so that vehicles do not have to back onto streets to exit the site.
§ 668 Self-Service Storage Facilities.
[Ord. 2002-01, 2/7/2002, § 661]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Off-street parking spaces shall be provided according to the schedule listed in § 304 of this chapter.
B.
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.
C.
Required parking spaces may not be rented as, or used for, vehicular storage or the storage of partially dismantled, wrecked or inoperable vehicles. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially occupied or residentially zoned land and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.
D.
All storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
E.
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.
F.
No door openings for any self-storage unit shall be constructed facing any residentially occupied or residentially zoned property.
G.
Self-service storage facilities shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(1)
Auctions, commercial wholesale or retail sales or garage sales.
(2)
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
(3)
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(4)
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
H.
The applicant shall adequately demonstrate that all self-service storage facilities rental and/or use contracts shall specifically prohibit these uses.
§ 669 Shopping Center (Strip Shopping Center, Shopping Mall).
[Ord. 2002-01, 2/7/2002, § 662]
Within the V and GC Zones (strip shopping center) and the GC Zone (shopping mall) and subject to the requirements of the underlying zones, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major or minor collector road as identified in the Comprehensive Plan.
B.
The following types of commercial and commercial-related establishments include, but are not limited to:
(1)
Grocery store.
(2)
Banks and similar financial institutions.
(3)
Drugstore.
(4)
Retail sale of goods, provided the total floor area is less than 100,000 square feet.
(5)
Retail services, including barber/beauty salons, music, dance, art or photographic studios, repair of small appliances, and laundromat and dry-cleaning collection stations.
(6)
Professional offices.
(7)
Restaurants and taverns.
(8)
Any other establishment that in the opinion of the Board of Supervisors is of the same general character as any of the above-identified uses.
C.
The minimum lot area shall be two acres.
D.
The minimum lot width shall be 200 feet.
E.
The applicant shall demonstrate that access to and the design of the parking facilities shall not create vehicle backups onto existing abutting streets.
F.
The maximum building coverage shall be no greater than 25%.
G.
The maximum impervious lot coverage shall be no greater than 70%.
H.
The minimum landscaped area shall be no less than 30%.
I.
No building shall be placed closer than 50 feet to any property line. Where there exists a more stringent requirement, such requirement shall apply. Off-street parking shall not be permitted within side and rear yard setback areas.
§ 670 Shooting Range (Trap, Skeet, Rifle or Archery).
[Ord. 2002-01, 2/7/2002, § 663]
Within the A and C Zones and subject to the requirements of those zones, except as herein modified and provided:
A.
The minimum lot area shall be 25 acres.
B.
Shooting range operations:
(1)
Shall not substantially injure or detract from lawful existing or permitted uses of neighboring properties.
(2)
May not substantially damage the health, safety or welfare of the Township or its residents or property owners.
(3)
Must comply with all applicable federal, state and local laws, rules and regulations regarding the discharge of a firearm.
(4)
Shall limit the storage of ammunition to only that utilized on the property within 24 hours and then only within an approved safe.
(5)
Shall limit the number of shooters to the number of firing points or stations identified on the development plan.
(6)
Shall require all shooters to satisfactorily complete an orientation safety program given in accordance with the National Rifle Association, or show a valid hunting or gun permit, before being allowed to discharge any type of firearm.
(7)
Shall limit the consumption of alcoholic beverages to days when no shooting activities are permitted or when shooting activities are completed for the day. Alcoholic beverages shall only be consumed in designated areas at least 500 feet from any firing point or station.
(8)
Shall limit firing to the hours between 10:00 a.m. and two hours preceding official sunset. No shooting shall be permitted before or after official hunting times as provided by the Pennsylvania Game Commission.
C.
A development plan shall be prepared by a registered professional in accordance with the National Rifle Association's Range Source Book. The development plan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The development plan configuration shall be based upon the design effectiveness of berms, overhead baffles or other safety barriers to contain projectiles within the range.
D.
The entire firing range including any required safety areas, shall be completely enclosed with a minimum six-foot-high chain-link fence that will prevent unauthorized access into the area. Caution signs shall be affixed to the inside of the fence with eight-inch-tall red letters on white background stating "CAUTION — SHOOTING RANGE AREA KEEP OUT." Signs shall be posted at a maximum of fifty-foot intervals along the entire fenced area.
E.
All surfaces within any required safety areas of the shooting range, including the backstop, overhead baffles, berms and range flooring, shall be free from all hard surfaces such as rocks or other material that could produce a ricochet.
F.
All shooting range facilities, including buildings, parking, firing range and safety fan, shall be set back a minimum of 100 feet from all property lines and street lines.
G.
The applicant shall present credible evidence that the sounds of shooting, as measured at the nearest residentially used or zoned property do not exceed the ambient noise level.
H.
Off-street parking shall be provided a rate of 1 1/2 spaces per firing station, but not less than one space per four seats if off-range seating is provided.
I.
No part of any property of any shooting range shall be located within 1/4 mile of any land zoned residential.
§ 671 Take-Out and/or Fast-Food Restaurant.
[Ord. 2002-01, 2/7/2002, § 664]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Covered exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. The applicant shall provide credible evidence as to how the use will be controlled so as not to constitute a nuisance due to noise, light, glare, or litter.
B.
All drive-through window lanes shall be separated from the parking lot's interior driveways by landscaped islands or concrete curbing.
C.
Access drives, interior drives, parking areas and pedestrian areas shall be designed and arranged to provide for the safe and uninterrupted movement of vehicles and pedestrians using the site and to prevent the blockage of vehicles entering or leaving the site.
D.
All lighting facilities shall be designed in accordance with Township Subdivision and Land Development Ordinance [Chapter 22] and located so as to not produce a glare or direct illumination onto abutting properties.
E.
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
F.
All exterior play areas shall be completely enclosed by a minimum three-foot-high fence.
G.
No part of the subject building shall be located within 200 feet of any residentially used or zoned land.
H.
Credible evidence must be presented to show that the operation will be conducted in accordance with all applicable state and/or federal requirements.
§ 672 Truck Terminal.
[Ord. 2002-01, 2/7/2002, § 666]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
The applicant shall submit credible evidence of the provisions to be made to minimize harmful or unpleasant effects (noise, odors, fumes, glare, vibration and smoke).
C.
A minimum lot area of five acres shall be provided.
D.
All buildings and parking facilities shall be located a minimum of 100 feet from any residentially used or zoned property.
E.
No exterior storage shall be permitted.
F.
Any and all service work shall be performed within a completely enclosed building.
§ 673 Two-Family Dwelling (Semidetached, Detached).
[Ord. 2002-01, 2/7/2002, § 667]
Within the RR and V Zones and subject to the requirements of those zones, except as herein modified and provided:
A.
Lot area and width shall be as required by the underlying zoning district.
B.
Driveways shall be located a minimum of five feet from all property lines. The area between the driveways shall be maintained in a pervious landscaped cover.
C.
The units shall comply with all other requirements of the underlying zone.
§ 674 Transportation (Passenger) Terminal.
[Ord. 2002-01, 2/7/2002, § 668]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
Access shall be via a major or minor collector street as designated by the Township Comprehensive Plan.
B.
A buffer yard at least 25 feet wide must be provided on the site in all instances where the site adjoins residentially used or zoned property. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.
§ 675 Vehicle Sales, Vehicle Body Shop, Vehicle Repair Garage.
[Ord. 2002-01, 2/7/2002, § 669]
Within the GC Zone and subject to the requirements of that zone, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major or minor collector street as identified in the Comprehensive Plan.
B.
All service and/or repair activities shall be conducted within a totally enclosed building.
C.
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
D.
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment.
E.
All exterior vehicle storage areas shall be screened from adjoining residential and residentially zoned property.
F.
The storage of unlicensed vehicles on the property is prohibited.
G.
All ventilation equipment associated with fuel storage tanks shall be at least 300 feet and oriented away from any adjoining residential property or residentially-zoned property.
H.
All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding seven days shall be removed.
I.
The demolition or storage of junked vehicles is prohibited.
J.
All lights shall be directed toward the business and downward on the lot.
§ 676 Vehicle Service Station.
[Ord. 2002-01, 2/7/2002, § 670]
Within the V and GC Zones and subject to the requirements of the underlying zone, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major or minor collector street as identified in the Comprehensive Plan.
B.
The subject property shall have a minimum lot width of 125 feet.
C.
The subject property shall be at least 300 feet from the property line of any parcel containing a school, day-care facility, playground, library or nursing, rest or retirement home.
D.
Any vehicle not receiving repair work within the preceding seven days shall be removed.
E.
Gasoline pump islands shall be at least 30 feet from the street right-of-way line.
F.
Entrances and exits shall be a minimum of 40 feet in width.
G.
All ventilation equipment associated with fuel storage tanks shall be at least 300 feet from any adjoining residential property or residentially zoned property.
H.
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
§ 677 Vehicle Wash.
[Ord. 2002-01, 2/7/2002, § 671]
Within the V and GC Zones and subject to the requirements of the underlying zone, except as hereinafter provided:
A.
The subject tract shall front on and gain access from either an major or minor collector street as identified in the Comprehensive Plan.
B.
Public sewer and public water shall be utilized; however, where public water and sewer facilities are not available, private, on-lot wastewater recycling systems shall be required.
C.
The application shall include a water feasibility study, prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] which provides for an adequate supply without any adverse impact on any adjoining existing or potential future uses.
D.
Access drives, interior drives, parking areas and pedestrian areas shall be designed and arranged to provide for the safe and uninterrupted movement of vehicles and pedestrians using the site and to prevent the blockage of vehicles entering or leaving the site.
E.
Each vehicle wash bay in an automatic/conveyorized facility shall provide a stacking lane for 10 vehicles. Each car wash bay in a self-serve facility shall provide a stacking lane for three vehicles.
F.
All structures shall have a minimum setback of 100 feet from any street right-of-way line, 50 feet from any rear property line and 25 feet from any side lot line.
G.
The site shall be kept debris and trash free with the owner or manager of the car wash responsible for daily site maintenance.
H.
All entrances to the vehicle wash facility shall be designed so that vehicle backup on abutting roads does not occur.
§ 678 Warehouse and Wholesale Business.
[Ord. 2002-01, 2/7/2002, § 672]
Within the GC Zone with subject to the requirements of that zone, except as herein modified and provided:
A.
The subject tract shall front on and gain access from either an major or minor collector street as identified in the Comprehensive Plan.
B.
The applicant for a warehousing or wholesale trade establishment shall provide a detailed written description of the proposed use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials.
(2)
The general scale of the operation in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts.
(4)
Expected traffic impacts (number of total vehicle trips per day, peak hour trips, breakdown of trips by vehicle size, trip distribution, effects on existing volumes of nearby corridors and intersections serving traffic generated by the proposed use) and any measures or improvements that will be used to assure an acceptable level of service.
C.
All buildings shall be set back a minimum of 100 feet from any adjoining residence or residentially zoned properties.
D.
Screening shall be provided in accordance with this chapter.