West Manheim Township
City Zoning Code
City Zoning Code
PART 7
Standards for Uses
§ 270-80 Applicability.
This Part 7 establishes additional general and specific requirements for certain uses listed in Parts 4 and 5 of this chapter, in addition to nonconformities and other general and supplemental requirements of this chapter and the requirements of each zoning district, and applies throughout the Township unless otherwise specified. If the zoning district regulations are determined to be in conflict with the following general regulations, the most restrictive regulations shall be applied, unless otherwise stated.
A.
For uses allowed within a specific zoning district as "special exception" or "conditional uses," see also the procedures and standards in Parts 11 and 12.
§ 270-81 Water and sewage disposal facilities.
A.
Connection to centralized water and centralized sewage disposal facilities. All principal, nonagricultural and nonforestry uses or developments within the designated growth area (Part 4) shall be served by centralized water and centralized sewer pursuant to Article V of Chapter 235, Subdivision and Land Development.
(1)
Where centralized sewage or centralized water is available, a sewage permit, water service agreement or written authorization from the appropriate authority shall be required prior to the issuance of a zoning permit.
B.
On-lot water and on-lot sewage disposal facilities. For those principal, nonagricultural and nonforestry uses or developments within the designated growth area (Part 4) not meeting the requirements of this section, such uses and developments shall be permitted only by conditional use and in accordance with Part 11 of this chapter, and Article V of Chapter 235, Subdivision and Land Development. The applicant shall submit a feasibility report on sewer and water facilities in accordance with Chapter 235, Subdivision and Land Development.
(1)
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations. A sewage permit or written authorization shall be obtained from the Sewage Enforcement Officer or the PA DEP, as applicable, prior to the issuance of a zoning permit.
(2)
All on-lot water supply shall be in accordance with Chapter 261, Article I, Wells, of the Code of the Township of West Manheim. All required wells shall be sunk and tested prior to subdivision approval or permit authorization. All applicable authorizations for private water supplies shall be obtained from the PA DEP.
§ 270-82 Street frontage and access.
A.
For each proposed new lot, all land development and principal buildings shall be sited on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 235, Subdivision and Land Development, and/or any applicable Township construction and materials specifications.[1] Access to lots containing single-family or two-family dwellings shall be via driveways; access to lots containing other uses shall be via access drives, both of which then have access onto a public or private street meeting Township standards.
B.
If a new nonresidential or multifamily residential principal building is proposed to be constructed or placed on a lot that abuts a private street(s), and the lot does not have access onto a public street, then, as a condition of the permit, the lot owner shall be required to improve the segments of the private street(s) that directly abut the lot. Such improvements shall be in accordance with all requirements of Chapter 235, Subdivision and Land Development, and/or any applicable Township construction and materials specifications.[2]
§ 270-83 Number of principal uses and buildings per lot.
More than one principal use may be erected on a single lot only within the Business Center and/or Commercial/Industrial Zoning Districts, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure, as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan, and provide individually approved methods of sewage disposal.
A.
Uses and buildings in the Business Center and/or Commercial/Industrial Zoning Districts:
(1)
A lot in the Business Center and/or Commercial/Industrial Zoning Districts may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building, except if shared parking as provided in Part 9 is provided. Otherwise, if differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(2)
The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.
B.
Uses and buildings in the Residential and/or Suburban Residential Zoning Districts.
(1)
A lot within the Residential and Suburban Residential Zoning Districts shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(2)
A mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
C.
Uses and buildings in other zoning districts. In all other zoning districts, more than one principal use is permitted only in one building on a single lot.
§ 270-84 Yard, setback and lot regulations.
B.
Triangular lots. All triangular lots shall have a rear yard established by a radial setback from the vertex of the two side yards.
C.
Front-yard exception. Where at least two adjacent buildings (one on each side of the proposed building), on the same side of the street within 100 feet of said property being developed, are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 15 feet from any abutting street right-of-way line.
D.
Projection into required setbacks.
(1)
Carports shall meet the setback requirements for the zoning district in which they are located.
(2)
Uncovered stairways and necessary landings may project into a required setback to a distance of not more than four feet, provided that such stairway and landing shall not extend above the entrance floor of the building, except for a railing, not to exceed three feet in height.
(3)
Uncovered porches or decks may project into a required setback to a distance of not more than four feet.
[Amended 10-2-2014 by Ord. No. 1-2014]
(4)
Cornices, eaves, gutters, bay windows, roof overhangs or chimneys may project into a required setback not more than 24 inches.
(5)
Light fixtures, sidewalks or walkways on grade, open fire escapes, fences and retaining walls, handicapped ramps, flagpoles for official government flags of the United States and its political subdivisions, sidewalks, walkways or ramps when not connected to a building, vegetation, landscaping materials, decorative lawn ornaments, bird feeders, handrails along sidewalks or ramps, bus shelters and telephone booths may project into any required setback.
E.
Through and reverse frontage lots.
(1)
Through lots.
(a)
Where a lot extends through from street to street, and has two frontages on two different streets with the same functional classification, the applicable front yard and front setback regulations shall apply on both street frontages. However, in case of a complete system of through lots that are designed for reversed frontage, the front yard need only be along the minor street of the subdivision or land development.
[Amended 10-2-2014 by Ord. No. 1-2014]
(b)
Residential through lots shall not be permitted.
(2)
Reverse frontage lots. Where a lot extends through from street to street, and has two frontages on two different streets with differing functional classifications, the applicable front yard and front setback regulations along with vehicular access shall be from the street of lower classification.
[Amended 10-2-2014 by Ord. No. 1-2014]
§ 270-85 Height limit exceptions.
A.
The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(1)
Water towers, antennas (other than communication antennas and towers), utility poles, smokestacks, chimneys, agricultural buildings, farm silos, windmills, flagpoles, or other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances; and
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline; and,
B.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.
§ 270-86 Minimum habitable floor space.
§ 270-87 Operations and performance standards.
A.
All uses proposed within West Manheim Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended.
B.
The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
(1)
Noise pollution and vibration: rules and regulations of the Pennsylvania Department of Environmental Protection;
(2)
Air pollution, airborne emissions and odor: rules and regulations of the Pennsylvania Department of Environmental Protection;
(3)
Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended;
(5)
Glare and heat: rules and regulations of the Pennsylvania Department of Environmental Protection; and
§ 270-88 Demolition.
Demolition of any structure must be completed within three months of the issuance of a permit. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. Wood, asphalt, shingles and similar building materials shall not be buried or used as fill at the demolition site, but must be disposed of at an approved solid waste disposal facility certified to dispose of such materials. A structure may be partly demolished if a building remains and the demolition of the part is completed as required in the previous sentence. All evidences of the structure which was demolished must be removed from the exterior surfaces of the remaining building.
§ 270-89 Applicability.
The following regulations for accessory buildings and uses shall supplement the regulations set forth in this chapter in each zoning district and shall apply throughout the Township unless otherwise specified. If the zoning district regulations are determined to be in conflict with the following general regulations, the most restrictive regulations shall be applied, unless otherwise stated.
§ 270-90 Accessory buildings.
Accessory buildings and structures, such as but not limited to detached private garages, barns, storage buildings, garden structures and greenhouses not used for commercial purposes, may be erected in accordance with the following requirements:
A.
Accessory buildings with a floor area not exceeding 250 square feet and 12 feet in height shall not be located less than five feet from the lot line and/or easement. All other accessory buildings shall not be located less than the minimum required building setbacks and/or easements. No accessory building shall be permitted to be placed within a roadway, driveway clear sight triangle, over or on top of a property line, easement or right of way.
[Amended 8-16-2016 by Ord. No. 5-2016]
B.
Nonagricultural and nonforestry accessory building(s) shall not cover more than 10% of the net lot area in the Farming Zoning Districts, except for any farm buildings or accessory buildings used to house livestock, and/or store crops.
[Amended 6-1-2023 by Ord. No. 2-2023]
C.
Accessory building or buildings shall not cover more than 10% of the net lot area in the Residential and Suburban Residential Zoning Districts, except for any farm buildings or accessory buildings used to house livestock and/or crops.
D.
An accessory building shall be no less than 10 feet from the principal building.
E.
Except for farm buildings which shall have no height limit, all other accessory buildings in the Residential, Suburban Residential, and Farming Zoning Districts shall not be higher than 1 1/2 stories or 20 feet, whichever is less. In all other districts, accessory buildings are permitted to be constructed to the maximum height requirements of the principal buildings in the underlying zoning district.
[Amended 6-1-2023 by Ord. No. 2-2023]
§ 270-91 Dish antennas.
Dish antennas shall be a permitted accessory use in any district and shall comply with the following requirements:
A.
All dish antennas shall meet the yard setback and height limitations for the zoning district in which they are located.
B.
The distance of any guy anchorage or similar device shall be at least 10 feet from any property line.
C.
Dish antennas shall be limited to one per lot in the Residential and Suburban Residential Zoning Districts.
D.
The dish antenna shall be maintained in a safe condition.
E.
If determined by the Code Enforcement Officer or his designee, a structural engineering analysis may be required at the request of the Zoning Officer.
F.
A dish antenna shall be five feet from any overhead electrical power line.
G.
No dish antenna shall be permitted within a roadway or driveway clear sight triangle.
§ 270-92 Fences and walls.
Fences or walls may be erected, altered and maintained in accordance with the following requirements:
A.
Any fence or wall shall not exceed six feet in height where the principal use of a parcel or parcels is other than commercial or industrial. Where the principal use of a parcel or parcels is commercial or industrial, a fence or wall shall not exceed eight feet in height. Barbed wire may be installed on top of fence or wall enclosing a commercial or industrial use; provided, however, that the barbed wire shall be installed at a height greater than six feet and when installed, the height of both the fence or wall and the barbed wire shall not exceed 10 feet in height. No razor or concertina wire shall be permitted.
[Amended 6-1-2023 by Ord. No. 1-2023]
B.
Fences or walls may be located up to but not on a property line, easement or right-of-way line; provided, however, that no part of the fence or wall shall be permitted to extend over or across the property line, easement or right-of-way line except that a fence may be permitted to cross a utility easement or right-of-way if the property owner secures a letter of approval or agreement from the owner of the utility easement or right-of-way and provides the same to the Township with its application for the fence permit.
[Amended 6-1-2023 by Ord. No. 1-2023]
C.
Fences or walls shall not be located within a clear sight triangle and shall not reduce the sight distance at intersections and driveways.
§ 270-93 Firewood storage.
A.
Stacks of firewood maintained for personal, residential use shall not be stored to a height in excess of six feet.
B.
Stacks of firewood shall be a minimum of six feet from any property line.
C.
Stacks of firewood shall not be stored in the street right-of-way or sight distance triangle of intersections and/or driveways.
§ 270-94 Household or private swimming pools.
A zoning and building permit shall be required for the installation or construction of a private outdoor swimming pool on the same lot as the principal residence subject to the following conditions:
A.
Such pool may be erected in the rear and side yard, but shall not be located in the front yard.
B.
The water edge of such pool shall not be located nearer than 20 feet to the rear lot line and/or easement and 10 feet to any side lot line and/or easement for any pool. The walkway or patio area surrounding the pool shall not be located nearer than five feet to the lot lines and/or easements.
D.
No permanent swimming pool structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent.
G.
No water from a pool shall be discharged directly onto or within 20 feet of any public right-of-way or adjacent property without the owner's consent.
§ 270-95 Accessory repair of personal motor vehicles.
The routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased by the person performing such services when performed outside of a completely enclosed building, is permitted, subject to the following:
A.
All vehicles shall be maintained with proper licensure.
B.
All work shall be performed on the vehicle owner's (lessee's) property of residence.
C.
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.
D.
All such activities shall be conducted during daylight hours and so as not to disturb abutting properties.
E.
All exterior repair, maintenance, and servicing activities shall be completed within 72 hours.
§ 270-96 Unenclosed storage and/or parking.
[Amended 10-2-2014 by Ord. No. 1-2014]
Recreational vehicles, boats, campers and trailers. For residential uses in any zone, recreational vehicles, travel trailers, trucks, boats and trailers are not permitted to be parked on a public street or highway, including those intended for dedication. They are permitted only according to the following requirements:
A.
The storage of one such vehicle shall be permitted. Such vehicle is permitted to be parked in any yard as long as no portion of the vehicle (including tongue) is located within any public right-of way, on or above any public sidewalk or easement, or within a distance of five feet from adjoining property lines.
(1)
The storage of a second recreational vehicle shall be permitted if the gross lot size is equal to or greater than 0.5 acre, as derived from a recorded deed and/or recorded subdivision plan. The secondary vehicle shall be permitted only in the side/rear yard, and no portion of the vehicle (including tongue) shall be located within any public right-of-way, on or above any public sidewalk or easement, or within a distance of five feet from an adjoining property.
B.
All areas used for storage shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. Storage of a recreational vehicle shall not exempt the property owner from any property maintenance requirement of this chapter. All vehicles shall maintain valid registration and inspection, and prevent the leakage of fuels and/or lubricants into the ground; and
C.
In the Residential, Suburban Residential, Business Center, and Farming Zones, commercial vehicles over 14,000 pounds' gross vehicle weight, truck tractors and/or trailers, commercial and/or construction trailers/equipment, including, but not limited to, backhoes, dump trucks over 12,000 pounds' gross vehicle weight, cranes and forklifts, and school buses (excluding vans) shall not be parked or stored on or off a public or private street or highway. The parking of such vehicles off a public or private street or highway shall not apply to lots with a gross lot area of one acre or greater; however, in no case shall such commercial vehicles be parked within 200 feet of any adjoining property. This subsection shall not apply to local deliveries, loading or unloading, or construction equipment used at a construction job site. When loading or unloading, said vehicles shall not be permitted to have their engines, generators or refrigeration units of any sort in operation for a period exceeding a total of 30 minutes in any twenty-four-hour period. Truck tractors and/or trailers used for residential moving purposes shall be permitted to park for a period not to exceed 24 hours. This subsection shall not apply to farm vehicles not normally used as a means of conveyance on a public highway.
[Amended 6-1-2023 by Ord. No. 2-2023]
§ 270-97 Dumpsters.
All permanent trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All trash must be stored within the dumpsters or otherwise must be bundled and stored within the masonry or fenced enclosure. Temporary trash dumpsters shall be permitted for use for a period of 60 days, unless a greater time is granted by the Board of Supervisors. Temporary dumpsters shall not be required to be provided with enclosures as described above.
§ 270-98 Airstrips/helipads.
Airstrips/helipads are permitted as provided in Part 5, subject to the following criteria:
A.
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
B.
The applicant shall furnish evidence of the obtainment of a license from the PennDOT, Bureau of Aviation, prior to the approval of the application.
C.
The approach zone to any of the proposed runways or landing strips shall be in accordance with the regulations of the applicable federal and/or state agencies.
D.
There shall be no existing flight obstructions such as towers, chimneys or other tall structures or natural obstructions outside of the airport and located within the proposed approach zones.
E.
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.
F.
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 final 500 feet of the glide path shall be wholly within the airport property.
§ 270-99 Bed-and-breakfast inns.
Bed-and-breakfast inns are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
For the purposes of this chapter, a "bed-and-breakfast" shall be defined as an owner-occupied, single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding 14 consecutive days.[1]
B.
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
C.
All floors above grade shall have direct means of escape to ground level.
D.
All parking areas shall be set back a minimum of 25 feet from all property lines and shall be provided with buffering, landscaping, screening in accordance with Part 10 of this chapter.
F.
Meals shall be offered only to registered overnight guests, employees of the establishment, and residents of the dwelling.
G.
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.
H.
The applicant shall furnish proof of approval from the Pennsylvania Department of Labor and Industry.
§ 270-100 Family day-care facilities.
Family day-care facilities are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
All family day-care facilities shall be conducted within a single-family detached dwelling.
B.
A family day-care facility shall offer care and supervision to no more than six different nonresident minors during any calendar day.
C.
All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.
D.
An outdoor play area no less than 390 square feet in area shall be provided. Such play area shall not be located within the front yard nor in any vehicle parking lot. Outdoor play areas shall be screened from any abutting existing residential use or residentially zoned properties with Level 1 screening in accordance with § 270-215 of this chapter, but no vegetative materials located within the outdoor play area shall be of a harmful type (plants that are poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade, such as a tree(s) or pavilion(s).
[Amended 10-2-2014 by Ord. No. 1-2014]
E.
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.
§ 270-101 Farm occupations.
Farm occupations are permitted as provided in Part 5 subject to the following criteria:
A.
For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as it remains secondary to and compatible with the active farm use. Retail sales shall only be permitted incident to the production of goods on the site.
B.
Only residents of the farm property shall be employed by the farm occupation, and the owner of the farm occupation must reside on the site.
C.
The use must be conducted within one completely enclosed building. Where practical, the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located no less than 100 feet from any adjoining street right-of-way or property line.
D.
Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued.
E.
The farm occupation shall occupy no more than 4,000 square feet of gross floor area, nor more than one acre of lot area. However, any driveway serving the farm occupation and the farm shall not be calculated as land serving the farm occupation.
F.
No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces.
G.
For purposes of regulation of signs for farm occupations, all signs shall be considered home occupation signs, and meet all applicable provisions of Part 8 of this chapter.
H.
For purposes of this section, any farm occupation which is not a permitted principal use within the zoning district in which the principal agriculture or farm use is occurring shall not be subdivided or separated from the principal agriculture or farm use.
§ 270-102 Home occupations.
[Amended 10-2-2014 by Ord. No. 1-2014]
Home occupations are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
The use shall be clearly incidental to the principal use of the premises as a single-family detached dwelling or single-family semidetached dwelling for living purposes.
B.
No more than two persons, at least one of whom shall be a resident of the dwelling, may be engaged in the home occupation use.
C.
No more than one home occupation may be located in any dwelling or accessory building unit.
D.
The home occupation shall not alter the appearance of the building as a dwelling unit.
E.
No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes.
F.
No retail sales or services, other than goods grown, produced or assembled on the premises, shall be conducted on the premises; however, retail sales of products not produced on the premises are permitted when these sales are only incidental to and part of the primary function of the business.
G.
No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress.
H.
No goods shall be displayed so as to be visible from the exterior of the premises.
I.
Home occupations shall be limited to not more than 400 square feet of the gross floor area of the dwelling unit or accessory building.
§ 270-103 Noncommercial keeping of livestock.
[Amended 10-2-2014 by Ord. No. 1-2014]
A.
An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.
(1)
Group 1: Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 per acre with a maximum number of 50 animals.
(2)
Group 2: Animals whose average adult weight is between 10 pounds and 100 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 animals.
(3)
Group 3: Animals whose average adult weight is greater than 100 pounds shall be permitted at an animal density of one per acre, with a maximum number of five animals.
B.
The keeping of a combination of animal types (Groups 1, 2, and 3) shall require an animal density equal to the ratio of the number of animals, by type. In no case shall a lot contain more than 50 total animals. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.
C.
Structures directly related to and used as part of keeping noncommercial livestock shall not be permitted in the front yard.
D.
The following lists minimum setbacks (from all lot lines) imposed upon the placement of any structure used in the raising or housing of livestock. Should more than one structure be used in the raising or housing of a combination of livestock types, the most-restrictive setback shall apply:
E.
All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals. Such fencing must be set back at least 10 feet from all property lines and/or easements.
F.
All animal wastes shall be properly stored and disposed of in compliance with Pennsylvania's Manure Management Guidelines so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to abutting properties.
H.
J.
Animal density greater than listed is permitted as a conditional use.
K.
A zoning permit shall be required for the noncommercial keeping of livestock. The zoning permit may be revoked for any violation of this section.
§ 270-104 Portable storage units.
A.
No portable storage unit shall be located within 10 feet of any street right-of-way, property line and/or easement. Portable storage units shall not obstruct any street intersection or driveway clear sight triangle.
B.
A portable storage unit shall not exceed a width of eight feet, length of 16 feet, and height of eight feet if located less than 500 feet from a dwelling not owned by the owner/renter of the portable storage unit.
C.
No portable storage unit shall remain on a lot in excess of 60 consecutive days, unless a greater time is granted by the Board of Supervisors. Portable storage units shall not be placed on a lot in excess of 180 days in any calendar year.
D.
A portable storage unit shall be permitted during construction, reconstruction, alteration or renovation of the principal building and for a period of three days before and after such activity, provided a construction and/or zoning permit has been issued by the Township. The portable storage unit shall be removed from the premises before the Township Zoning Officer issues a certificate of occupancy and/or use, or if the construction activity ceases for a period of more than 14 consecutive days.
E.
A portable storage unit may be located on a lot during an emergency situation as declared by the appropriate federal, state, county or Township agency. The portable storage unit shall be removed from the lot within 14 days after the end of the emergency declaration by the appropriate federal, state, county, or Township agency.
§ 270-105 Roadside stand.
Roadside stands are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
Maximum floor area of the structure used as a roadside stand shall not exceed 300 square feet.
B.
There shall not be more than one roadside stand on any one property.
C.
A roadside stand may be located in any yard area, provided that it is at least 10 feet from street rights-of-way, property lines, and easements. Roadside stands shall not obstruct any street intersection or driveway clear sight triangle.
D.
At least 50% of the products sold must be produced on site.
F.
Following the harvesting seasons all structures and signage shall be moved to an area to the side or rear of the principal building and appropriately screened from view.
§ 270-106 Rural occupations.
Rural occupations are permitted as provided in Part 5 subject to the following criteria:
A.
Minimum lot size shall be two acres.
B.
Only one rural occupation may be conducted on the same property as the owner's principal residence, and shall not exceed the area of the principal residence's ground-floor area or 1,000 square feet, whichever is less.
C.
A rural occupation shall only be conducted within one completely enclosed building that satisfies at least one of the following:
(1)
The building will remain the same size and in the same location as it existed on the effective date of this chapter.
(2)
The building is limited to one story in height, or 20 feet, whichever is lesser.
(3)
The building shall comply with the minimum building setbacks of the underlying zoning district.
D.
In no case shall any new rural occupation building be constructed before the owner resides permanently on the subject property. In addition, rural occupations may only be conducted so long as the owner of the business resides on the site.
E.
In no case shall the required maximum lot coverage be exceeded by those impervious surfaces associated with the principal residence, rural occupation and/or other permitted accessory uses and structures.
F.
All off-street parking and loading spaces shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
G.
No outdoor storage or display shall be permitted.
H.
No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per day to and from the site. The applicant shall furnish evidence regarding the expected numbers of vehicles trips associated with the proposed use.
I.
Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street right-of-way that serves the principal residence. No additional roadway connection shall be permitted.
J.
The maximum number of employees that do not reside on the site shall be equal to two full-time positions. For purposes of this section, employees shall be defined as those involved in the on-site conduct of the rural occupation.
K.
Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m.
L.
No manufacturing, mechanical or industrial use shall be permitted which causes any noise, glare, fumes, smoke, dust, vibration, electromagnetic interference, or other hazard that is noticeable at any property line of the rural occupation. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted.
M.
Any area devoted to retail sales display shall be limited to 20% of the overall size of the rural occupation.
N.
The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized, and further that such means is part of the same system in use for the principal residence.
§ 270-107 Alternative energy facilities.
A.
Intent. The alternative energy requirements are designed to recognize the need for conservation of energy and natural resources and to facilitate the utilization of renewable resources. These regulations are designed to allow the installation of renewable energy devices and provide the opportunity for individuals to reduce energy dependence by encouraging the productive use of solar and wind energy components.
B.
Solar, wind and alternative energy standards. The use of solar, wind and alternate energy systems is encouraged within these regulations and permitted within any zoning district. Although the installation of such systems is not mandatory, where they are utilized, the following shall apply:
(1)
Active and passive solar systems, wind energy systems and similar alternate energy systems, including customary energy storage accessories, shall be permitted for the production, collection, movement, distribution or storage of heated water, air or other medium that is intended for conveyance to a principal or accessory use. Systems may include the following, subject to the requirements contained herein:
(a)
Solar panels, with a combined glazing area of 65 square feet or less may be placed in any required yard but shall not be closer than five feet from any property line.
(b)
Solar panels with a combined glazing area in excess of 65 square feet shall be provided in accordance with the following:
[1]
Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district. All solar panel systems may extend 10 feet above the highest point of a roof;
[2]
Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this chapter.
(c)
Solar greenhouses attached to principal structures shall meet all yard requirements for a principal structure in the applicable zoning district. Solar greenhouses attached to accessory structures shall meet all yard requirements specified for accessory structures in this chapter.
(d)
Detached solar greenhouses shall meet all yard requirements specified for accessory structures in this chapter.
(e)
Wind energy conversion systems, provided that:
[1]
The structure shall have a minimum setback from all property lines equal to the height of the longest extension of the rotor.
[2]
Towers may be ground- or roof-mounted and shall be securely fastened as per manufacturer's specifications or a demonstrable equivalent to achieve maximum safety and prevent collapse or fall. Any propeller or turning device that reacts to wind velocity shall have a governor to control the speed of revolutions. Such governor may include a rudder that turns the propeller away from the wind, individually spring-mounted paddles that turn away from the wind, or other suitable manufacturer's device. Towers shall be locked or secured to prevent unauthorized access, and in no case shall a permanently mounted ladder be affixed less than 10 feet from grade level.
C.
Protection and maintenance. The improvements required and permitted within this section shall be protected and maintained to ensure the environmental benefits of nonpolluting, replenishable alternate energy. The following requirements shall apply:
(1)
Protection.
(a)
Where a solar or wind energy system has been installed to serve an existing structure, it shall be the responsibility of the property owner to secure any easement or restrictive covenants necessary to protect the sky space affecting the solar or wind energy system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a building and zoning permit for the solar or wind energy system. Guidelines for establishing sky-space easements are provided in Appendix C.[1]
[1]
Editor's Note: Said Appendix C is on file in the Township offices.
(b)
Maximum height requirements of this chapter shall not apply to roof-mounted solar collector systems.
D.
Plans and permits.
(1)
Plans depicting solar or wind energy installations shall be submitted at the time of application for a building and proposed use permit. Information may be included on the required plot plan specified in this chapter or submitted on a separate plan. In addition to the information required elsewhere within this chapter, plans shall include:
(2)
Building and proposed use permits. A building and proposed use permit shall be required for installation of or expansion or alteration to any of the energy systems described within this section. Applicable procedures of this chapter shall apply during the processing of such permit applications. Where desired, the Zoning Officer may refer plans to any other applicable agencies for review and comment prior to formal action on the permit application.
§ 270-108 General purpose and provisions.
The Township recognizes that service organizations and landowners within the Township may, from time to time, desire to institute a specific use for a brief period of time. The Township recognizes that certain temporary uses, such as an ECHO housing, may provide benefits for the entire Township. Refer to § 270-220B for additional specific requirements and procedures for temporary use permits.
§ 270-109 Requirements and procedures.
A.
ECHO housing. ECHO housing is permitted as provided in Parts 4 and 5, subject to the following criteria:
(1)
The minimum lot area shall be one acre.
(2)
The ECHO housing unit shall meet the minimum required habitable floor area set forth in § 270-86 of this chapter.
(3)
The total lot coverage for the principal dwelling, any existing accessory structures and the ECHO housing unit or apartment addition together shall not exceed the maximum lot coverage requirement for the respective zoning district.
(4)
The ECHO housing unit or apartment addition shall only be occupied by at least one person who is at least 62 years old, or is handicapped or disabled, and is related to the occupants of the principal dwelling by blood, marriage or adoption.
(5)
The ECHO housing unit or apartment addition shall be not occupied by more than two people.
(6)
Utilities. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used; verification of the operation of all existing on-lot sewage disposal facilities shall be obtained from the Township Sewage Enforcement Officer. Additionally, all utilities shall meet the applicable utility company standards.
(7)
A minimum of one all-weather, off-street parking space, with unrestricted ingress and egress to a street right-of-way, shall be provided for the ECHO housing unit or apartment addition, in addition to that required for the principal dwelling.
(8)
The ECHO housing unit or apartment addition shall adhere to setback requirements for principal uses.
(9)
The ECHO housing unit or apartment addition shall be removed from the property or reestablished as a use permitted in the district within 12 months after it is no longer occupied by a person who qualifies for the use.
(10)
Upon the proper installation of the ECHO housing unit or apartment addition, the Zoning Officer shall issue a temporary use and occupancy permit. The applicant shall apply for a temporary use and occupancy permit (renewal) annually from the date the original permit(s) was/were issued.[1]
[1]
Editor’s Note: Former Subsection B, Garage/yard sales, which immediately followed this subsection, was repealed 8-16-2018 by Ord. No. 5-2016.
§ 270-110 Temporary sales.
[Added 10-2-2014 by Ord. No. 1-2014]
A.
Temporary retail sales shall be permitted only in the Commercial/Industrial and Business Center Zones.
B.
Only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted.
C.
Temporary retail sales shall be permitted for a number of instances not to exceed four separate events per year per property. Each instance of a temporary retail sale shall not exceed 15 consecutive days.
D.
Sales location, including any merchandise presented for sale, shall not be placed in any street right-of-way nor closer than five feet to any lot line.
E.
Sales location, including any merchandise presented for sale, shall not be placed in any clear sight triangle and shall not block vehicular or pedestrian traffic.
F.
Sufficient off-street parking must be provided in order to minimize congestion on adjoining roads.
G.
A plan shall be submitted showing location of use on site.
H.
Signs displayed in association with a temporary retail sale shall conform to all applicable sign requirements of this chapter. Two signs may be displayed in association with a temporary retail sale, provided that they have a total combined size of 12 square feet or less. Any signs associated with a temporary retail sale shall only be displayed during the instances of sale operation.
I.
No exterior public address or lighting systems shall be used which produce impacts beyond the subject property.
J.
A zoning permit shall be required.
§ 270-111 Standards for uses.
A.
In addition to the general provisions for uses within a particular zoning district established in Parts 4 and 5, and the additional general provisions for uses established in the previous articles of Part 7 and elsewhere in this chapter, Article XVII, Specific Use Standards, sets forth the specific standards that shall be applied to each use identified herein. These specific use standards must be satisfied prior to approval of any application for a certificate of use and occupancy permit, special exception and/or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.
§ 270-112 Adult-related uses.
Adult-related uses are permitted as provided in Part 4, subject to the following criteria:
A.
Any adult-related uses shall not be permitted to be located within 500 feet of any other adult-related use.
B.
No parcel provided for adult-related uses shall abut any land within the Residential and Suburban Residential Zoning Districts or any existing residential use.
C.
No parcel provided for adult-related uses shall abut any parcel of land which contains any one or more of the following specified land uses:
D.
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment.
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 establishment 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 pictorially 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 use may change to another adult-related use, except upon approval of an additional conditional use.
J.
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related use may be located within one building or shopping center.
§ 270-113 Agribusiness.
Agribusiness uses are permitted as provided in Part 5, subject to the following criteria:
A.
The development of new agribusiness operations, or the expansion of existing agribusiness operations, shall be subject to the following conditions:
(1)
Minimum lot area shall be 10 acres. Where a lot is comprised of more than one tract, the owner of such tracts shall combine them under a single deed, which will preclude individual tracts being placed in separate ownership without processing a subdivision plan. The deed shall be recorded in the York County Register and Recorder's office, and a copy of such deed shall be included in the application.
(2)
The following setbacks are required:
(a)
For new agribusiness operations, the structure housing the agribusiness operation shall be located no closer than 100 feet to any property line. For expansions of existing agribusiness operations, any additional lot coverage shall not be located on the property in such a manner that would increase the degree of nonconformity of the existing operation, if such nonconformity exists, with the setback requirements established by this section.
(b)
New agribusiness operations or expansions of existing agribusiness operations receiving manure from a CAO directly or indirectly through a broker or other person shall not mechanically land apply manure within 100 feet of a stream, lake, or pond, unless a vegetated buffer no less than 35 feet in width and meeting standards established by the NRCS is used to prevent manure runoff into the water body.
(3)
Maximum lot coverage shall be 10%.
(4)
Maximum permitted height shall be 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.
(5)
For new agribusiness operations, or expansions of existing agribusiness operations, which require a nutrient management plan in accordance with the Pennsylvania Nutrient Management and Odor Management Act,[1] the applicant shall demonstrate that such plan has been prepared and submitted to the York County Conservation District for review prior to the formal review and any subsequent action by the Township. Further, the applicant shall demonstrate that such plan has been approved by the York County Conservation District prior to the issuance of the zoning permit in accordance with Part 11 of this chapter.[2]
(7)
The applicant shall demonstrate satisfactorily that the methods of disposing of dead animals are in strict compliance with applicable standards established by the PA DEP. Unless being composted, dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.
§ 270-114 Agriculture.
Agriculture uses, except for agribusiness uses are permitted as provided in Parts 4 and 5, subject to the following criteria:
A.
Minimum lot area shall be 10 acres.
B.
Minimum setback requirements:
(1)
Front setback shall be 40 feet.
(2)
Side setback shall be 30 feet.
(3)
Rear setback shall be 40 feet.
(4)
Special setback requirements. Except as provided for in the following subsection, no new slaughter area, area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock, or any building housing commercial livestock, shall be permitted within 150 feet of any property line within the Residential and Suburban Residential Zoning Districts or existing residential use.
(5)
These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six feet from any adjoining street right-of-way lines.
C.
Maximum permitted height for structures shall be 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.
D.
Maximum lot coverage shall be 10%.
E.
All lanes exclusively serving agriculture uses shall be exempt from driveway and access drive requirements.
F.
Permitted accessory uses include, but are not limited to the following:
(3)
Manure storage facilities, subject to the following regulations:
(a)
All manure storage facilities shall be designed in compliance with the most recent provisions of the PA DEP and York County Conservation District;
(b)
All waste storage facilities' designs shall be reviewed by the York County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility; and
(c)
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation requires the applicant to contact the York County Conservation District to determine if the subsequent changes require review and approval.
(4)
Areas designed for outdoor storage of pallets, machinery, or other materials shall be provided with buffering and Level 1 screening in accordance with Part 10 of this chapter.
(5)
Other farm occupations as provided for in this chapter.
(6)
One single-family detached dwelling.
§ 270-115 Airports/heliports. [1]
Airports/heliports are permitted as provided in Parts 4 and 5, subject to the following criteria:
A.
Minimum lot area shall be 10 acres.
B.
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
C.
The applicant shall furnish evidence of the obtainment of a license from the PennDOT Bureau of Aviation prior to the approval of the application.
D.
The approach zone to any of the proposed runways or landing strips shall be in accordance with the regulations of the applicable federal and/or state agencies.
E.
There shall be no existing flight obstructions such as towers, chimneys or other tall structures or natural obstructions outside of the airport and located within the proposed approach zones.
F.
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.
G.
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 final 500 feet of the glide path shall be wholly within the airport property.
§ 270-116 Animal hospitals.
Animal hospitals are permitted as provided in Parts 4 and 5, subject to the following criteria:
A.
Minimum lot area. Unless animal are kept inside at all times, each site shall contain at least two acres; otherwise, the minimum lot area requirement of the applicable zoning district shall apply.
B.
All structures where animals are kept shall be soundproofed in a manner to prevent sound and odor from traveling outside, such as solid-core doors, sound-absorbent ceilings and forced-air ventilation.
C.
All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard, shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter, and shall be a minimum of 100 feet from all property lines.
D.
All outdoor pasture areas shall be enclosed to prevent the escape of animals; all such enclosures shall be set back a minimum of 10 feet from all property lines.
E.
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal that shall be implemented.
§ 270-117 Automobile or gasoline service stations.
Automobile or gasoline service stations are permitted as provided in Part 4, subject to the following criteria:
A.
The subject property shall have a minimum lot width of 125 feet.
B.
The subject facility shall be set back at least 100 feet from the closest point on the exterior lot line of any lot containing a school, place of worship, day-care facility, playground, library, hospital or nursing, rest or retirement home.
C.
No more than three vehicles may be stored per service bay, and the storage area for such vehicles shall be provided with buffering, landscaping, screening in accordance with Part 10 of this chapter, and shall be a minimum of 50 feet from all property lines. No vehicle shall be stored upon the site for more than one month.
D.
All structures (including gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line. The base of all canopies shall conform to this setback.
E.
No outdoor storage of auto parts shall be permitted.
F.
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and shall be oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing, adjacent residential use.
G.
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
§ 270-118 Automobile, heavy equipment and similar motor vehicle repair/service.
Automobile, heavy equipment, and similar motor vehicle repair/service facilities involving the reconditioning, service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shop are permitted as provided in Part 4, subject to the following criteria:
A.
All service and/or repair activities shall be conducted within a completely enclosed building.
B.
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
C.
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded, as part of the service or repair operation shall be permitted.
D.
The storage of unlicensed vehicles is prohibited.
E.
Any ventilation equipment outlets associated with the service/repair work area(s) shall be oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing and abutting residential use.
F.
All vehicles shall be repaired and removed from the premises promptly.
G.
The demolition or junking of automobiles is prohibited. Demolished vehicles or parts thereof shall be removed from the site within two weeks of arrival.
H.
No vehicle shall be stored upon the site for more than three months.
§ 270-119 Automobile washing (car washes).
Automobile washing facilities (car washes) are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized, and grey water recycling is required. Adequate provision for the collection and disposal of greases shall be demonstrated.
B.
For automatic, self-service, and full-service car washes, each washing bay shall provide a one-hundred-foot-long on-site stacking lane that precedes the washing process.
C.
For full-service car washes, a post-washing drying area shall be provided for no less than five vehicles per washing bay.
§ 270-120 Billboards.
Billboards are permitted as provided in Part 4 subject to the following criteria:
A.
No billboard shall be located within 1,000 feet of another billboard.
B.
All billboards shall be a minimum of 50 feet from all side and rear property lines.
C.
All billboards shall be set back at least 25 feet from any street right-of-way lines.
D.
All billboards shall be set back at least 300 feet from any land within the Residential and Suburban Residential Zoning Districts or any existing residential use.
E.
No billboard shall obstruct the view of motorists on adjoining roads, or the view of abutting commercial or industrial uses, which depend upon visibility for identification.
F.
No billboard shall exceed an overall size of 300 square feet nor exceed 25 feet in height.
G.
All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vector habitation.
§ 270-121 Business and/or industry park.
Business and/or industry parks are permitted as provided in Part 4, subject to the following criteria:
A.
The business and/or industry park shall contain nonmotorized transportation facilities, including but not limited to sidewalks, walking paths, greenway linkages that shall be an integral part of the business and/or industry park. The nonmotorized transportation facilities shall connect all proposed lots and building sites within the business and/or industry park and provide linkages to abutting lots and future and existing development. The application shall identity the function or functions of each nonmotorized pathway or greenway and shall design such pathway or greenway to adequately perform such function or functions.
B.
Permitted uses. The business and/or industry park shall be permitted to have a mix of those listed as light industrial uses in § 270-37E of this chapter and accessory commercial uses limited to the following:
(1)
Banks and financial institutions.
(2)
Restaurants (excluding drive-through facilities).
(3)
Commercial day care.
(4)
School, commercial.
(5)
Emergency services.
(6)
Hotels, motels.
(7)
Health and fitness clubs.
(8)
Convenience stores.
(9)
Medical and dental clinics.
(10)
Emergency services.
(11)
Essential services.
(12)
Municipal uses.
(13)
Public uses.
(14)
Retail sales, no one building to exceed 3,500 square feet in building size.
(15)
Retail services, no one building to exceed 3,500 square feet in building size.
(16)
Wholesale warehousing facilities which do not exceed 20,000 square feet in building size and where clientele are specific users located elsewhere in the business park and retail sales are not conducted.
(17)
Repair of business and office equipment.
C.
A maximum of 20% of the gross floor area of the buildings within the business and/or industry park shall be permitted to be developed with such accessory commercial uses. If the development of the business and/or industry park is proposed in phases, at no time during the development shall the portion of the floor area dedicated toward the accessory commercial uses exceed 20% of the total building floor area within the developed phases of the business park.
D.
The areas of the business and/or industry park set aside for the accessory commercial use shall be identified on the plans and shall be so designed to be internal to the business and/or industry park and to be accessory and in support of the overall industrial uses within the business and/or industry park. The commercial uses shall be located within the business and/or industry park to best facilitate motorized and nonmotorized access.
E.
The subject property shall front on a collector or arterial road, and all access drives shall be set back at least 200 feet from the intersection of any street rights-of-way. All internal access drives providing access to parcels within the park shall remain private.
F.
Both public sewer and public water utilities shall be utilized.
G.
All uses within the business and/or industry park must comply with all applicable federal, state and local regulations.
§ 270-122 Campgrounds.
Campgrounds are permitted as provided in Part 5 subject to the following criteria:
A.
Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street right-of-way line.
B.
Each campground shall contain at least five acres. Each campsite shall be at least 1,500 square feet in size and shall either provide parking space for one automobile that will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.
D.
All outdoor play areas shall be set back 50 feet from any property line and provided with buffering, landscaping and screening in accordance with Part 10 of this chapter. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
E.
All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leakproof and verminproof and that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from abutting residentially zoned properties.
F.
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
G.
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street.
H.
If the site is in the Farming Zoning District, the applicant shall demonstrate that the proposed location is located on the least productive soils (Classes IV to VIII).
I.
A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any property in the Residential and Suburban Residential Zoning Districts or existing residential use, and, at least 25 feet from abutting lot lines.
J.
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
K.
During operation, every campground shall have an office in which shall be located the person responsible for operation of the campground.
L.
All water utilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP.
M.
No permanent structures shall be permitted on any campsite other than fireplaces.
N.
No recreational vehicles may be parked within a campground for more than 180 consecutive days.
O.
No persons shall be permitted to permanently reside on any campsite.
§ 270-123 Cemeteries.
Cemeteries are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
For cemeteries exceeding two acres in size. If the site is in the Farming Zoning District, the applicant shall demonstrate that the proposed location is located on the least productive soils (Classes IV to VIII).
B.
All burial plots or structures shall be located at least 50 feet from any property or street right-of-way line and/or easement.
C.
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
D.
No burial plots or facilities shall be permitted in the Floodplain Protection Overlay.
E.
Any escrow account provided for by state or federal law shall be established in favor of the Township.
§ 270-124 Club room, club grounds and meeting hall.
Club room, club grounds and meeting hall are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
All properties containing a club room, club ground and/or meeting hall shall front and have access to a public road.
B.
All off-street parking shall be provided in accordance with Part 9 of this chapter which will also be set back 30 feet from any abutting residential lot lines.
C.
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line and right-of-way line.
D.
The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering.
E.
The applicant shall furnish evidence that approved systems for sewage disposal and water supply will be utilized.
§ 270-125 Wireless communications facilities.
[Amended 11-19-2019 by Ord. No. 3-2019]
A.
General and specific requirements for non-tower wireless communications facilities.
(1)
The following regulations shall apply to all non-tower WCF that do not meet the definition of a small WCF:
(a)
Permitted in all zones subject to regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.
(b)
Nonconforming wireless support structures. Non-tower WCF shall be permitted upon nonconforming tower-based WCF and other nonconforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d)
Wind and ice. All non-tower WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(e)
Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(f)
Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g)
Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(h)
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(i)
Timing of approval. The Township shall act on an application for a non-tower WCF within 60 days of receiving a completed application. The Township shall notify the WCF applicant in writing of its decision.
(j)
Insurance. Each person that owns or operates a non-tower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
(k)
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(l)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(2)
In addition to the requirements in § 270-125A(1) above, the following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:[1]
(a)
Permitted use. Non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the WBCA shall be a permitted use in all zoning districts.
(b)
Building permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(3)
In addition to the requirements in § 270-125A(1) above, the following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 270-125A.
(b)
Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.
(c)
Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF that substantially changes the dimensions of the underlying wireless support structure, or the modification of an existing non-tower WCF if said modification is a substantial change, shall first obtain a conditional use authorization from the Township. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the West Manheim Township Zoning Ordinance.
(d)
Historic buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the national or Pennsylvania registers of historic places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
(e)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Township Fee Schedule.
(f)
Development regulations. Non-tower WCF shall be located or collocated on existing structures, such as existing buildings or tower-based WCF, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
[2]
In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF.
[3]
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[4]
A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Such fence shall comply with the requirements of Chapter 105, Construction and Materials Specifications. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[5]
Any separate communications equipment building shall also be surrounded by a screen of evergreen trees, each at least four feet in height, located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.
(g)
Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.
(h)
Removal, replacement and modification.
[1]
The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted by right, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.
[2]
Any modification that substantially changes a WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization as determined by the Zoning Officer.
(i)
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(4)
Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in § 270-125A(1) the following regulations shall apply to non-tower WCF located in the public rights-of-way:
(a)
Location. Non-tower WCF in the ROW shall be collocated on existing tower-based WCF. If collocation is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or other structures that do not already act as wireless support structures with the Township's approval.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[2]
Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(d)
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot.
[2]
To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the satisfaction of the Township.
[3]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any accessory equipment shall be removed within 30 days upon notification by the Township at the sole expense of the owner.
[5]
Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township.
[6]
Accessory equipment attached to the wireless support structure shall have a minimum of 12 feet of vertical clearance above finished grade.
(e)
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any WCF when the Township, consistent with its police powers and any applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to permit fees as described in this section, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.
B.
General and specific requirements for tower-based wireless communications facilities.
(1)
The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a small WCF.
(a)
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(b)
Conditional use authorization required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system subject to the requirements of this § 270-125B.
[1]
Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.
[2]
Prior to the Board's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
[3]
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[4]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
[5]
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
[6]
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.
(c)
Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
(d)
Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted a specific color as appropriate; however, each case should be evaluated individually. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(e)
Collocation and siting. An application for a new tower-based WCF shall demonstrate that the proposed antenna(s) cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the Township. The Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[1]
The proposed antenna and accessory equipment would exceed the structural capacity of the existing building or structure, and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building or structure and the interference cannot be prevented at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with the owner of such building or structure.
(f)
Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Township. To the extent permissible under law, non-routine modifications shall be prohibited without a permit.
(g)
Additional antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(h)
Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(i)
Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum height of any tower-based WCF shall be 150 feet.
(j)
Accessory equipment. One single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be located on the site for each unrelated company sharing space on the tower-based WCF.
(k)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(l)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents.
(m)
Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(n)
Historic buildings. No tower-based WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the national or Pennsylvania registers of historic places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
(o)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(p)
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
(q)
Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(r)
Timing of approval.
[1]
Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
[2]
If the proposed tower-based WCF meets the definition of a small wireless communications facility, the application shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such small wireless communications facility and the Township shall advise the WCF applicant in writing of its decision.
(s)
Nonconforming uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The collocation of antennas is permitted on nonconforming structures.
(t)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(u)
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule.
(v)
FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(w)
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.
(x)
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(y)
Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(z)
Development regulations.
[2]
If located in the Farming District, the WCF applicant shall demonstrate that the proposed tower-based WCF is located on the least productive soils.
[3]
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 150% of the proposed WCF structure's height, unless the applicant shows to the satisfaction of the Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
[4]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
[b]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.
[c]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 150% of the proposed height of the tower-based WCF, unless the applicant shows to the satisfaction of the Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
(aa)
Design regulations.
[1]
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.
[2]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[3]
Any tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.
(bb)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(cc)
Fence/screen. All tower-based WCF shall be screened in compliance with the Level 2 screening requirements established by § 270-215B of the Township Code.
(dd)
Accessory equipment.
[1]
Ground-mounted accessory equipment associated or connected with a tower-based WCF greater than three cubic feet shall not be located within 50 feet of a lot in residential use.
[2]
Ground-mounted accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using Stealth Technologies, as described above.
[3]
All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(ee)
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(ff)
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security in amount sufficient to cover the installation, construction, and maintenance of the tower-based WCF during the projected lifetime thereof. The amount required shall be determined at the sole discretion of the Township based upon the unique characteristics of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
C.
Small wireless communications facilities.
(1)
Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:
(a)
Location and development standards.
[1]
Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 270-125C and generally applicable permitting as required by the Township Code.
[2]
Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures pursuant to the requirements of 47 C.F.R. § 1.40001.
[3]
Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
[4]
All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.
(b)
Nonconforming wireless support structures. Small WCF shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(c)
Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d)
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the national or Pennsylvania registers of historic places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
(e)
Wind and ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(f)
Aviation safety. Small WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(g)
Public safety communications. Small WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(h)
Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(i)
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(j)
Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
(k)
Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.
(l)
Design standards. All small WCF in the Township shall comply with the following design standards:
[1]
Utility poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner.
[2]
All small WCF shall be designed and constructed in an effort to minimize aesthetic impact to the extent technically feasible.
[3]
No small WCF shall extend beyond the boundaries of the rights-of-way unless approved on a case-by-case basis by the appropriate Township official.
[4]
Antenna standards.
[a]
Any antenna associated with a small WCF shall not exceed three cubic feet in volume.
[b]
All pole-top antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible.
[c]
All antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached.
[d]
Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments.
[e]
Any antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances.
[f]
If mounted on an existing structure, no antenna shall impair the function of said structure.
[g]
Antenna placement shall not impair light, air, or views from adjacent windows.
[5]
Accessory equipment standards.
[a]
Accessory equipment shall not exceed 28 cubic feet in volume. Stealth technology shall not be included in the accessory equipment volume calculation.
[b]
Accessory equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible.
[c]
Accessory equipment shall be mounted so as to provide a minimum of eight feet vertical clearance from ground level.
[d]
Accessory equipment shall be of a color that reasonably matches the utility pole upon which such accessory equipment is mounted.
[e]
All accessory equipment shall be contained within a single equipment shroud or cabinet.
[f]
All small WCF shall post a sign in a readily visible location identifying the owner's permit number and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency.
[g]
Accessory equipment placement shall not impair light, air, or views from adjacent windows.
[h]
No accessory equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.
[6]
Wiring standards.
[a]
Exposed wiring is prohibited.
[b]
Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole.
[c]
All wiring shall be installed without excessive slack or extra cable storage on the utility pole.
[d]
Any conduit or U-guard shall be of a color that reasonably matches the utility pole to which the small WCF is attached.
[e]
Loops of extra wiring shall not be attached to any utility pole.
[7]
Replacement poles.
[a]
The maximum height of any proposed replacement utility pole shall be: 1) no more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed small WCF; or 2) 50 feet above ground level, whichever is greater.
[b]
Any replacement utility pole shall be of comparable materials and design to the existing utility pole.
[c]
Any replacement utility pole shall be placed within five feet of the existing utility pole being replaced.
[d]
Any replacement utility pole shall be designed to accommodate all uses that exited on the existing utility pole prior to replacement. As part of an application for a small WCF, the applicant shall provide documentation from a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the replacement utility pole, small WCF, and prior existing uses shall be structurally sound.
[e]
Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures.
[8]
New poles.
[a]
The maximum height of any new utility pole shall be: 1) no more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed small WCF; or 2) 50 feet above ground level, whichever is greater.
[b]
Any new utility pole shall be installed in accordance with the predominant pattern of existing adjacent structures.
[c]
To the extent technically feasible, no new utility pole shall be installed:
(m)
Timing of approval.
[1]
Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[2]
Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[3]
Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.
(n)
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the Township.
(o)
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
§ 270-126 Convenience store.
Convenience stores are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
The subject property shall have a minimum lot width of 125 feet.
C.
The subject facility shall be set back at least 100 feet from the closest point on the exterior lot line of any lot containing a school, place of worship, day-care facility, playground, library, hospital or nursing, rest or retirement home.
D.
All structures shall be set back at least 30 feet from any street right-of-way line.
E.
No outdoor stockpiling of trash is permitted. An area enclosed by a wall, fence with a self-latching door or gate and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
F.
At least 20% of the lot on which the facility is situated must be devoted to natural landscaping.
§ 270-127 Commercial day-care facilities.
Commercial day-care facilities are permitted as provided in Part 4 subject to the following criteria:
A.
An outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and screening and buffering shall be in compliance with Part 10 of this chapter, but vegetative materials located within the outdoor play areas shall be of a nonharmful type (vegetative materials that are not poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
B.
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
C.
Passenger "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.
D.
All commercial day-care facilities shall obtain and maintain the proper licensure from the commonwealth.
§ 270-128 Multifamily dwelling.
Multifamily dwellings are permitted as provided in Part 4 subject to the following criteria:
A.
Minimum lot area shall be one acre.
B.
Maximum density shall be 12 dwelling units per acre.
C.
All dwelling units must be connected to centralized sewer and centralized water systems.
D.
Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter. Interior building setbacks shall be as follows:
(1)
A minimum yard space of 40 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
(2)
A minimum yard space of 40 feet is required between end walls and front or rear faces of buildings.
E.
A minimum of 30% of the total tract area shall be designated and maintained as common open space. Responsibility for maintenance of the open space area shall be with the landowner. The open space shall provide access to all yards.
F.
Provisions for the future maintenance of all common areas, including but not limited to parking and recreation, shall be explicitly provided with the proposed project. The provisions and any agreements, such as bylaws for a property owners' association, shall be subject to the approval of the Board of Supervisors.
§ 270-129 Single-family attached dwelling.
[Amended 4-20-2010 by Ord. No. 2-2010]
Single-family attached dwellings are permitted as provided in Part 4 and/or Part 6, Article XII, subject to the following criteria:
A.
Maximum density shall be 12 dwelling units per acre in the Suburban Residential (SR) District.
C.
There shall be no more than six dwelling units (all classifications) in any one row.
D.
All dwelling units must be connected to centralized sewer and centralized water systems.
E.
Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter. Interior building setbacks shall be as follows:
(1)
A minimum yard space of 40 feet is required between end walls and front or rear faces of buildings.
F.
A minimum of 30% of the total tract area shall be designated and maintained as common open space. Responsibility for maintenance of the open space area shall be with the landowner. The required open space shall provide access for all units to the yard space provided for each unit.
G.
Provisions for the future maintenance of all common areas including but not limited to parking and recreation shall be explicitly provided with the proposed project. The provisions and any agreements, such as bylaws for a property owners' association, shall be subject to the approval of the Board of Supervisors.
§ 270-130 Single-family semidetached dwelling.
[Added 4-20-2010 by Ord. No. 2-2010]
Single-family semidetached dwellings are permitted as provided in Part 4 and/or Part 6, Article XII, subject to the following criteria:
A.
The allowable density in the Residential (R) District shall be determined in accordance with § 270-71.
B.
Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping, and screening in accordance with Part 10 of this chapter. Interior building setbacks shall be as follows:
(1)
A minimum yard space of 40 feet is required; between end walls and front or rear faces of buildings.
C.
For all tracts of land upon which new residential subdivisions, or portions thereof, that contain this dwelling unit type, that are created after the effective date of this chapter shall have a minimum of 30% of the total tract area designated and maintained as common open space. Responsibility for maintenance of the open space area shall be with the landowner. The required open space shall provide access for all units to the yard space provided for each unit.
D.
Provisions for the future maintenance of all common areas including but not limited to parking and recreation shall be explicitly provided with the proposed project. The provisions and any agreements, such as bylaws for a property owners' association, shall be subject to the approval of the Board of Supervisors.
§ 270-131 Two-family dwelling.
[Added 4-20-2010 by Ord. No. 2-2010]
Two-family dwellings are permitted as provided in Part 4 and/or Part 6, Article XII, subject to the following criteria:
A.
The allowable density in the Residential (R) District shall be determined in accordance with § 270-71.
B.
Minimum required setbacks. Off-street parking and loading (excluding driveways) shall be set back at least 25 feet from every adjoining property line and shall be provided with buffering, landscaping, and screening in accordance with Part 10 of this chapter.
C.
All tracts of land upon which new residential subdivisions, or portions thereof, that contain this dwelling unit type, that are created after the effective date of this chapter, shall have a minimum of 30% of the total tract area designated and maintained as common open space. Responsibility for maintenance of the open space area shall be with the landowner. The required open space shall provide access for all units to the yard space provided for each unit.
D.
Provisions for the future maintenance of all common areas, including but not limited to parking and recreation, shall be explicitly provided with the proposed project. The provisions and any agreements, such as bylaws for a property owners' association, shall be subject to the approval of the Board of Supervisors.
§ 270-132 Essential services.
Essential service buildings and/or structures are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
Unhoused equipment shall be enclosed with a fence six feet in height and shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
B.
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the zoning district in which the facility is located.
C.
Within the Farming, Residential and Suburban Residential Zoning Districts, the permitted public facilities shall not include the unhoused storage of vehicles or equipment used in the maintenance of any utility and no equipment causing noise, vibration, smoke, odor, or hazardous effect shall be installed.
[Amended 6-1-2023 by Ord. No. 2-2023]
§ 270-133 Farm-related business.
Farm-related businesses are permitted as provided in Part 5 subject to the following criteria: If the site is in the Farming Zoning District, the applicant shall demonstrate that the proposed location is located on the least productive soils (Classes IV to VIII).
§ 270-134 Financial institution.
Financial institutions are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.
C.
Access shall be via an arterial or collector street as defined in the West Manheim Township Comprehensive Plan.
D.
All drive-through window lanes shall be separated from the parking lot's interior driveway.
E.
All automated teller machines shall be located or contain convenient parking spaces so that the on-site movement of vehicles will not be impaired by those cars belonging to persons using an automated teller machine.
F.
Sufficient stacking lanes shall be provided associated with drive-through windows to prevent vehicle backups on adjoining roads.
§ 270-135 Forestry.
Forestry is permitted as provided in Parts 4 and 5 subject to the following criteria where the value of the trees, logs or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
A.
Notification of commencement or completion. For all timber harvesting operations that are expected to exceed two acres, the landowner shall notify the Township Zoning Officer at least 30 business days before the operation commences and within 15 days before the operation is completed. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation and logging plan. This written notification shall also specify any public and/or private roads affected, dates of effect, plans to restore any damages to public and/or private roads and contact information for the logging operations submitted to owners abutting the private road used to access the logging site.
B.
Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified in this section. No timber harvesting shall occur until the plan has been prepared and proper notification of commencement is provided to the Township. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.
C.
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
D.
Contents of the logging plan.
(1)
As a minimum, the logging plan shall include the following:
(a)
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(b)
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
(c)
Design, construction and maintenance of stream and wetland crossings.
(d)
The general location of the proposed operation in relation to Township and state highways, including any accesses to the highways.
(2)
Each logging plan shall include a site map containing the following information:
(a)
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental problems.
(c)
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
(d)
Location of all crossing of waters of the commonwealth.
(e)
The general location of the proposed operation to Township and state highways, including any accesses to those highways.
E.
Compliance with applicable regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations and Township ordinances, including, but not, limited to, the following:
F.
Relationship of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. A soil erosion and sedimentation control plan that satisfies the requirements of 25 Pa. Code Chapter 102 shall also satisfy the minimum requirements for the logging plan and associated map specified previously, provided that all information required by these subsections is included or attached.
G.
Responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvest operation pursuant to the provisions of 67 Pa. Code Chapter 189, Hauling in Excess of Posted Weight Limit. The Township may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.
§ 270-136 Funeral homes.
Funeral homes are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical, and hazardous wastes.
C.
Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads.
D.
No vehicular access to the site shall be from an arterial road.
E.
All funeral homes must provide a minimum one-hundred-foot off-street stacking area for the formation of a funeral procession on the site.
§ 270-137 Golf courses.
Golf courses are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street right-of-way, access drive, or driveway.
B.
Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.
(1)
The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform to the following:
(a)
Each crossing shall be perpendicular to the traffic movements.
(b)
Only one street access drive or driveway may be crossed at each location.
(c)
No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street access drive or driveway intersection.
(f)
The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.
(g)
Golf path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes.
(h)
Golf path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.
C.
All golf course buildings shall be set back 75 feet from any abutting roads and 100 feet from adjoining existing residential properties;
D.
Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Restaurant (excluding drive-in), snack bar, lounge and banquet facilities.
(b)
Locker and restrooms.
(c)
Pro shop.
(d)
Administrative offices.
(e)
Golf cart and maintenance equipment storage and service facilities.
(g)
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms.
(h)
Game rooms, including card tables, billiards, ping-pong, and other similar table games.
(i)
Babysitting rooms and connected fence-enclosed play lots.
(2)
Accessory recreation amenities located outside of a building, including:
(a)
Driving range, provided the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties.
(b)
Practice putting greens.
(c)
Swimming pools.
(d)
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.
(e)
Boccie ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses.
(f)
Picnic pavilions, picnic tables, park benches, and barbecue pits.
(g)
Hiking, biking, horseback riding, and cross-country ski trails.
(h)
Playground equipment and play-lot games, including four square, dodgeball, tetherball, and hopscotch.
(3)
Freestanding maintenance equipment, supply buildings and storage yards.
§ 270-138 Greenhouses and nurseries.
Greenhouses and nurseries are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
The display and sale of items not grown on the premises shall be incidental to the greenhouse/nursery operation. The display and sales area for those items shall be limited to not more than 25% of the total gross display and sales area on the property.
B.
The display, sale and/or repair of power tools or motorized nursery, lawn or garden equipment shall not be permitted.
§ 270-139 Group homes.
Group homes are permitted as provided in Parts 4 and 5, subject to the following criteria:
A.
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be used.
B.
No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
C.
All floors above grade shall have direct means of escape to ground level.
D.
The applicant shall obtain any required land development approvals.
E.
All parking areas shall be set back a minimum of 25 feet from all property lines and shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
F.
The applicant shall furnish all license and approvals from the applicable state and/or federal government agencies.
§ 270-140 Health and fitness clubs.
Health and fitness clubs are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
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.
C.
Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.
§ 270-141 Heavy industrial uses.
Heavy industrial uses are permitted as provided in Part 4 subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(1)
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2)
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
(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 specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of § 270-87 of this chapter.
B.
All industrial uses shall be set back 150 feet from any property in the Residential and Suburban Residential Zoning Districts or any existing residential use.
§ 270-142 Hospitals.
Hospitals are permitted as provided in Part 4 subject to the following criteria:
A.
Minimum lot area shall be two acres.
B.
Centralized sewer and centralized water utilities shall be utilized.
C.
The subject property shall have frontage along an arterial, collector road or access drive.
D.
Maximum permitted height shall be 60 feet provided that each building and/or structure shall be set back a horizontal distance from each property line at least equal to its height. For buildings exceeding 35 feet, the applicant shall be required to submit expert evidence that sufficient safeguards regarding fire protection and rescue are in place.
E.
Emergency entrances shall be located on a building wall oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing, abutting residential use.
F.
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical, and hazardous wastes.
H.
A minimum of 40% of the total tract area shall be designated and maintained as common open space.
§ 270-143 Hotel.
Hotels are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
All hotels shall be set back 50 feet from any property line in the Residential and Suburban Residential Zoning Districts or any existing residential use.
C.
Access shall be via an arterial or collector street as defined in the West Manheim Township Comprehensive Plan.
§ 270-144 Indoor commercial recreation.
Indoor commercial recreation facilities are permitted as provided in Part 4 subject to the following criteria:
A.
All activities shall take place in a completely enclosed building.
B.
The applicant shall present qualified expert testimony to establish that sufficient soundproofing shall be provided to render sounds associated with the normal operations of the indoor commercial recreation facility, including music, inaudible when outside the building in which the indoor commercial recreation facility is located.
C.
All outdoor storage of maintenance equipment shall be set back at least 50 feet and shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
D.
Centralized sewer and centralized water utilities shall be utilized.
§ 270-145 Indoor shooting range.
Indoor shooting ranges are permitted as provided in Part 4 subject to the following criteria:
A.
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
B.
The applicant shall present qualified expert testimony to establish that sufficient soundproofing shall be provided to render the sound of discharge of any firearm inaudible when outside the building in which the indoor shooting range is located.
C.
All operations shall be conducted in accordance with National Rifle Association guidelines.
§ 270-146 Junkyards.
Junkyards are permitted as provided in Part 4 subject to the following criteria:
A.
Minimum lot area shall be two acres.
B.
Any area used for this purpose shall be at least 75 feet from any property line and 100 feet from any street right-of-way line.
C.
The outdoor area devoted to the storage of junk shall be enclosed with a fence eight feet in height and shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
D.
All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.
E.
No material may be stored or stacked so that it is visible from abutting properties or adjoining street rights-of-way.
F.
All additional federal and state laws shall be satisfied.
G.
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
H.
No material shall be burned at any time.
I.
Junkyards shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.
J.
No junkyard shall be located on land with a slope in excess of 5%.
K.
All junkyards shall comply with any applicable West Manheim Township Junkyard Ordinance.
L.
All vehicles within the junkyard shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning fluids.
§ 270-147 Kennels.
Kennels are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
Minimum lot area shall be two acres.
B.
Any structure used for the boarding of horses and/or dogs shall be set back at least 100 feet from any property line.
C.
All structures where animals are kept shall be soundproofed in a manner to prevent sound and odor from traveling outside, such as solid-core doors, sound-absorbent ceilings and forced-air ventilation.
D.
Animal pens and/or fencing for the containment of animals shall be set back at least 25 feet from any property line and street right-of-way.
E.
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from any abutting property lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.
F.
The applicant shall furnish evidence of an effective means of animal waste disposal that shall be implemented.
G.
All kennels shall be in accordance with the Pennsylvania Code and all other applicable regulations. For kennels housing dogs, specific reference is made to 7 Pa. Code Chapter 21, or latest revision, in regards to adequate sizing of the facilities.
[Added 4-20-2010 by Ord. No. 2-2010]
§ 270-148 Life-care communities.
Life-care communities are permitted as provided in Part 4 subject to the following criteria:
A.
The life-care community and accessory facilities shall be designed and used to serve its residents and their guests only.
B.
The life-care community shall be planned, developed, and operated according to a unified plan under the direction of a single owner or agent for the owner.
C.
The maximum gross density within a life-care community shall not exceed five dwelling units per acre. For the purposes of this section, four beds for patient, resident and/or staff-person use provided within a medical facility within the life-care community shall be deemed the equivalent of one dwelling unit.
D.
The life-care community may provide individual dwelling units in any combination of single-family, two-family or multifamily dwellings and shall include a community center in which an auditorium, activity rooms, craft rooms, library, lounges, or similar recreational facilities for members of the life-care community shall be included. Additional facilities provided as part of the life-care community may include:
(1)
Dining facilities.
(2)
Medical facilities, including treatment, nursing and convalescent facilities.
(3)
Office and retail service facilities designed and adequate to serve only the members of the life-care community, including but not necessarily limited to medical or dental clinic, pharmacy, retail uses such as a gift shop, coffee shop, bank, and/or personal services such as a barber- or beauty shop.
E.
A minimum of 30% of the total tract area shall be designated and maintained as common open space.
F.
There shall be a minimum setback of 50 feet from all tract boundaries in which no structures shall be located.
G.
Centralized sewer and centralized water utilities shall be utilized.
§ 270-149 Medical or dental clinic.
Medical or dental clinics are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized water and centralized sewer shall be used.
B.
Any 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 facility, 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 and shall not be directly accessible without passing through the building.
(2)
The hours during which these services are provided shall be the same as those during the regular operation of the principal medical or dental clinic.
§ 270-150 Methadone treatment facility.
Methadone treatment facilities are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized water and centralized sewer shall be used.
B.
Notwithstanding any other provision of law to the contrary and except as provided in Subsection B(1), a methadone treatment facility shall not be established or operated within 500 feet of a principal structure used for an existing school, public playground, public park, residential housing area, child-care facility, church (place of worship), meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(1)
The provisions of this section shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of a principal structure used for an existing school, public playground, public park, residential housing area, child-care facility, church (place of worship), meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
C.
Notwithstanding Subsection B, a methadone treatment facility may be established and operated closer than 500 feet to a principal structure used for an existing school, public playground, public park, residential housing area, child-care facility, place of worship, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the Zoning Hearing Board for the municipality in which the proposed methadone treatment facility is to be located votes in favor of the issuance of an occupancy permit or certificate. Prior to the Zoning Hearing Board voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church (place of worship), meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.
D.
This section shall not apply to a methadone treatment facility that is licensed by the Pennsylvania State Department of Health prior to May 15, 1999.
§ 270-151 Mineral extraction or recovery operations.
Mineral extraction or recovery operations are permitted as provided in Part 5 subject to the following criteria:
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.
Site plan requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2,400 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.
C.
Minimum lot area. The minimum lot area will be 10 acres.
D.
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, screening in accordance with Part 10 of this chapter.
E.
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 Residential Use (feet) | Existing Non-residential Building (feet) | Residentially Zoned District (feet) | Adjoining Road (feet) | Public/ Nonprofit Park (feet) | Cemetery or Stream Bank (feet) | Abutting Property (feet) |
|---|---|---|---|---|---|---|---|
Stockpiles 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 |
F.
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to adjacent or abutting properties.
(2)
All access drives serving the site shall have a paved minimum thirty-two-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)
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
H.
Reclamation. The applicant shall demonstrate compliance with Section 7(c) of Pennsylvania Act No. 1984-219, as may be amended.[1] 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.
[1]
Editor's Note: See 52 P.S. § 3307(c).
I.
Operation 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, stockpile, 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 has 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.
§ 270-152 Mini storage/self-storage facilities.
Mini storage/self-storage facilities are permitted as provided in Part 4 subject to the following criteria:
A.
Parking shall be provided by parking/driving aisles adjacent to the buildings. These aisles 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.
B.
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area shall be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter, and is located behind the required minimum front setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
C.
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.
D.
An on-site manager shall be required to be on the site on a full-time basis 40 hours/week and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. Any dwelling for a resident manager shall comply with all of those requirements listed for dwellings within the Suburban Residential Zoning Districts, and shall be entitled to all residential accessory uses provided in this chapter.
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.
Door openings for any mini storage/self-storage unit shall be constructed and oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing, abutting residential use.
G.
Prohibited uses.
(1)
Mini storage/self-storage facilities shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(a)
Auctions, commercial wholesale or retail sales, or garage sales.
(b)
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
(c)
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
(d)
The establishment of a transfer and storage business.
(e)
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all mini storage/self-storage rental and/or use contracts shall specifically prohibit these uses.
§ 270-153 Mobile home parks.
Mobile home parks are permitted as provided in Part 4 subject to the following criteria:
A.
All mobile home parks shall be served by centralized water and centralized sewer utilities.
B.
Maximum density in a mobile home park shall be five units per acre.
C.
All mobile home lots or areas shall contain at least 5,000 square feet.
D.
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. (These setbacks shall also apply to the mobile home park office, service, utility, or other buildings.)
F.
Each mobile home shall be provided with a minimum of two paved parking spaces containing at least 360 square feet of bituminous or concrete surface, which shall be located on the mobile home lot. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served. Access to all parking spaces shall be limited to interior roads of the mobile home park; in no case shall access to such parking spaces be provided from adjoining public roads.
H.
Individual mobile homeowners may install accessory or storage sheds, extensions and additions to mobile homes, and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side, or rear yard, and, in every case, shall substantially conform in style, quality, and color to the existing mobile homes.
I.
There shall be a minimum of 25% of the gross acreage of the mobile home park devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or the operator neglect to maintain the designated recreational areas, as depicted on the plan, the Township may then maintain said areas and assess the landowner for any costs incurred.
§ 270-154 Motel.
Motels are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
All motels shall be set back 50 feet from any property line in the Residential and Suburban Residential Zoning Districts or any existing residential use.
C.
Access shall be provided via an arterial or collector street as defined in the West Manheim Township Comprehensive Plan.
§ 270-155 Nightclubs and taverns.
Night clubs and taverns are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized water and centralized sewer shall be used.
B.
No part of the subject property shall be located within 300 feet of any existing principal structure within the Residential and Suburban Residential Zoning Districts or existing residential use.
C.
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of abutting properties due to hours of operation.
D.
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
E.
The applicant shall present qualified expert testimony to establish that sufficient soundproofing shall be provided to render sounds associated with the normal operations of the nightclub and/or tavern, including music, inaudible when outside the building in which the nightclub and/or tavern is located.
§ 270-156 Nursing, rest or retirement homes.
§ 270-157 Office.
Offices are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
At least 10% of the lot on which the facility is situated must be devoted to natural landscaping.
C.
Access shall be restricted as follows:
(1)
Entrance onto an arterial road shall be 100 feet from any intersecting right-of-way line.
(2)
Entrance onto collector and minor roads shall be 75 feet from any intersecting right-of-way line.
(3)
Multiple driveways accessing an arterial road shall have a minimum center-line separation of 100 feet.
(4)
Multiple driveways accessing a collector or minor road shall have a minimum center-line separation of 75 feet.
D.
Business activity shall not be conducted outside a building.
E.
Loading facilities shall not be permitted in the area between the building setback line and street right-of-way.
F.
Operations shall not be permitted which constitute a danger or nuisance to the community.
§ 270-158 Outdoor commercial recreation facilities.
Outdoor commercial recreation facilities are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
A buffer yard of 50 feet shall be provided between the facility and the street right-of-way line. Level 2 screening shall be provided in accordance with Article XXV, Screening, of this chapter.
B.
A buffer yard of 50 feet shall be provided between the facility and any abutting residential uses or zoning districts. Level 3 screening shall be provided in accordance with Article XXV, Screening, of this chapter.
C.
The site and/or individual tracks shall be fenced to prevent unauthorized entrance and accidental exit of vehicles.
D.
The facility shall be operated only between the hours of 8:00 a.m. and 11:00 p.m.
§ 270-159 Outdoor shooting ranges.
Outdoor shooting ranges are permitted as provided in Part 5 subject to the following criteria:
A.
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
B.
The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall, red letters on a white background shall be posted at maximum fifty-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA, KEEP OUT!"
C.
The firing range shall also be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
D.
All surfaces located within the safety fan, including the backstop, overhead baffles, berms and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
E.
The applicant shall present credible evidence that the sound of shooting to the nearest property containing an existing residential use does not exceed the ambient noise level.
F.
The range boundaries must be set back at least 500 feet from any property line or street right-of-way line, and also located at least 1,000 yards from any land within the Residential and Suburban Residential Zoning Districts. The range boundaries shall be determined as a one-hundred-fifty-yard radius from each of the stands.
G.
The facility shall be operated only between the hours of 9:00 a.m. and 6:00 p.m.
H.
All operations shall be conducted in accordance with National Rifle Association guidelines.
§ 270-160 Personal service business.
Personal service businesses are permitted as provided in Part 4 subject to the following criteria:
§ 270-161 Places of worship.
Places of worship are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
All places of worship with sanctuary seating capacity of 250 or more persons shall front and have access to an arterial or collector road.
B.
Minimum required side setbacks shall be 40 feet on both sides.
C.
Place-of-worship-related residences:
(1)
Residential uses accessory to, and located upon, the same lot or abutting the lot containing a place of worship are permitted if such residential uses are permitted in the zoning district within which the place of worship is proposed.
D.
Place-of-worship-related educational and/or day-care facilities.
(1)
All education and/or day-care uses shall be accessory, and located upon the same lot as the place of worship.
(2)
If education and/or day care is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and screening and buffering shall be in compliance with Part 10 of this chapter, but vegetative materials located within the outdoor play areas shall be of a nonharmful type (plants that are not poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(4)
Passenger "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.
E.
Place-of-worship-related cemeteries.
(1)
All burial plots or structures shall be located at least 25 feet from any property line, street right-of-way line and/or easement.
(2)
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
(3)
No burial plots or facilities shall be permitted in the Floodplain Protection Overlay.
§ 270-162 Apartment residential conversion.
Apartment residential conversions are permitted as provided in Part 4, subject to the following criteria:
A.
The building must have been constructed prior to the effective date of this chapter.
B.
Each dwelling unit within the building shall meet the minimum required habitable floor area for multifamily dwellings set forth in § 270-86 of this chapter.
D.
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
E.
All floors above grade shall have direct means of escape to ground level.
F.
The applicant shall obtain any required land development approvals.
§ 270-163 Two-family residential conversion.
Two-family residential conversions are permitted as provided in Part 4, subject to the following criteria:
A.
The structure must be a single-family detached dwelling that existed on the effective date of this chapter.
B.
At least one of the dwelling units shall be owner-occupied.
C.
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
D.
No extensions or modifications to the external appearance of the building (except fire escapes) that would alter its residential character shall be permitted.
E.
All floors above grade shall have direct means of escape to ground level.
F.
The applicant shall obtain any required land development approvals.
§ 270-164 Restaurants.
Restaurants are permitted as provided in Part 4 subject to the following criteria:
The applicant shall demonstrate that adequate water supply and sewage disposal can be provided.
A.
Where cafes are provided, exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. The applicant shall present and implement a plan for control and cleanup of litter.
B.
Adequate provision for the collection and disposal of greases shall be demonstrated.
C.
Access shall be provided via an arterial or collector street as defined by the West Manheim Township Comprehensive Plan.
§ 270-165 Drive-in restaurants.
Drive-through restaurants are permitted as provided in Part 4 subject to the following criteria:
A.
The applicant shall demonstrate that adequate water supply and sewage disposal can be provided.
B.
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. The applicant shall present and implement a plan for control and cleanup of litter.
C.
An exterior speaker/microphone system shall be oriented away from and/or screened to prevent objectionable noise impact on abutting properties.
D.
All cafe seating shall be completely enclosed by a minimum three-foot-high fence and provided with landscaping in accordance with Article XXIV, Landscaping, of this chapter.
E.
Each drive-through lane shall have minimum of 100 feet of on-site stacking preceding the order location.
F.
Adequate provision for the collection and disposal of greases shall be demonstrated.
G.
Access shall be provided via an arterial or collector street as defined by the West Manheim Township Comprehensive Plan.
§ 270-166 Fast-food restaurants.
Fast-food restaurants are permitted as provided in Part 4 subject to the following criteria:
A.
The applicant shall demonstrate that adequate water supply and sewage disposal can be provided.
B.
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. The applicant shall present and implement a plan for control and cleanup of litter.
C.
An exterior speaker/microphone system shall be oriented away from and/or screened to prevent objectionable noise impact on abutting properties.
D.
All cafe seating shall be completely enclosed by a minimum three-foot-high fence and provided with landscaping in accordance with Article XXIV, Landscaping, of this chapter.
E.
Outdoor play areas shall be completely enclosed by a minimum six-foot-high fence.
F.
Any accessory drive-through lane shall have minimum of 200 feet of on-site stacking preceding the order location.
G.
Adequate provision for the collection and disposal of greases shall be demonstrated.
H.
Access shall be provided via an arterial or collector street as defined by the West Manheim Township Comprehensive Plan.
§ 270-167 Retail stores and shops.
Retail stores and shops are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
At least 5% of the lot on which the facility is situated must be devoted to natural landscaping.
C.
No outdoor stockpiling of trash is permitted. An area enclosed by a wall, fence with a self-latching door or gate and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
D.
Business activity shall not be conducted outside a building.
§ 270-168 Riding schools.
Riding stables are permitted as provided in Part 5 subject to the following criteria:
A.
Minimum lot area shall be five acres.
B.
Any structure used for the boarding of horses shall be in accordance with the minimum building setbacks established in the underlying zoning district.
C.
All stables shall be maintained so to minimize odors perceptible at the property line.
D.
All outdoor training, show, riding, boarding, running or pasture areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.
E.
All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from abutting property lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across abutting and adjacent properties.
F.
The applicant shall furnish evidence of an effective means of animal waste disposal which shall be implemented.
§ 270-169 Sawmills.
Sawmills are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
All cutting, sawing, grinding, or other processing shall be conducted within a completely enclosed building.
B.
No materials shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line.
C.
Any external area used for the unloading/loading, transfer, storage or deposition of material must be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
D.
All facilities shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not have to back up onto public roads.
F.
All access drives serving the site shall have a paved minimum thirty-two-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. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling from the site.
G.
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
§ 270-170 Commercial schools.
Commercial schools are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
Any maintenance, repair, rebuilding, testing, or construction of mechanical devices shall be conducted within a completely enclosed building.
C.
All ventilation outlets shall be located at least 100 feet and shall be oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing, abutting residential use.
D.
All exterior storage and/or display areas must be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter. All exterior storage/display areas must be set back at least 35 feet from adjoining street rights-of-way and must be covered in an all-weather, dust-free surface.
E.
Except in the Commercial/Industrial Zoning District:
§ 270-171 Private and public schools.
Public and private schools are permitted as provided in Part 4 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
All off-street parking lots shall be set back 25 feet and provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
C.
All buildings shall be set back at least 100 feet from any abutting property within the Residential and Suburban Residential Zoning Districts or existing residential use.
D.
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.
§ 270-172 Vocational-mechanical trade schools.
Vocational-mechanical trade schools are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
Centralized sewer and centralized water utilities shall be utilized.
B.
Any maintenance, repair, rebuilding, testing, or construction of mechanical devices shall be conducted within a completely enclosed building.
C.
All ventilation outlets shall be located at least 100 feet and shall be oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing, abutting residential use.
D.
All exterior storage and/or display areas must be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter. All exterior storage/display areas much be set back at least 35 feet from adjoining street rights-of-way and must be covered in an all-weather, dust-free surface.
E.
Except in the Commercial/Industrial Zoning District:
§ 270-173 Shopping centers.
Shopping centers are permitted as provided in Part 4 subject to the following criteria:
A.
The subject property shall front on an arterial or collector road, and all access drives shall be set back at least 200 feet from the intersection of any street rights-of-way.
B.
Minimum lot width shall be 200 feet.
C.
Both centralized sewer and centralized water utilities shall be utilized.
D.
Maximum lot coverage shall be 75%.
F.
The shopping center shall be permitted to erect planned center signs in accordance with Part 8. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. In addition, individual uses within the shopping center may have signs; however, such signs shall be flat wall, wall-projecting, or roof signs as described in Part 8 of this chapter.
§ 270-174 Solid waste disposal, processing and transfer facilities.
Solid waste disposal and processing facilities are permitted as provided in Part 4 subject to the following criteria:
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 completely enclosed building.
B.
No refuse shall be deposited or stored, and no building or structure shall be located, within 250 feet of any property line.
C.
Any external area used for the unloading/loading, transfer, storage or deposition of material must be provided with buffering, landscaping and screening in accordance with Part 10 of this chapter.
D.
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
E.
All facilities shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not have to back up onto public roads.
G.
All access drives serving the site shall have a paved minimum thirty-two-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. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling from the site.
H.
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
I.
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.
J.
Hazardous waste, as defined in the Code of Federal Regulations, Title 40, Chapter I, Part 261, or as amended, shall not be disposed of within the proposed area.
K.
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.
L.
The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator.
M.
Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leakproof and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
N.
All storage of solid waste shall be indoors in a manner that is leakproof and vector-proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation, but, in no event, for more than 72 hours.
O.
A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.
P.
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, pretreatment shall be required and 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 PA DEP regulations.
Q.
All structures shall be set back at least a distance equal to their height; however, in no case shall the setback be less than the minimum building setback established by the underlying zoning district.
T.
A minimum fifty-foot wide buffer yard shall be located along all property lines and provided with Level 3 screening in accordance with Article XXV, Screening, of this chapter.
U.
Any sanitary landfill must be owned and operated by a municipality or its authority.
§ 270-175 Veterinarian's office.
Veterinarian offices are permitted as provided in Parts 4 and 5 subject to the following criteria:
A.
At least 5% of the lot on which the facility is situated must be devoted to natural landscaping.
§ 270-176 Warehousing and wholesale trade establishments.
Warehousing and wholesale trade establishments are permitted as provided in Part 4 subject to the following criteria:
A.
The applicant shall provide a detailed 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. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(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., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in § 270-87 of this chapter.
§ 270-177 Wholesale sales, storage and auctions of motor vehicles and heavy equipment.
Wholesale sales, storage and auctions of automobiles, trucks, buses, and other heavy equipment are permitted as provided in Part 4 subject to the following criteria:
A.
The subject property shall front along and have vehicular access to an arterial or collector road.
B.
All exterior areas used for the storage of automobiles shall be completely enclosed by a minimum six-foot-high fence and provided with buffering, landscaping, screening in accordance with Part 10 of this chapter.
C.
Access drives shall be governed by Article V of Chapter 235, Subdivision and Land Development, for a distance of 200 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle access or storage shall be governed by Part 9 of this chapter. However, all storage areas shall include a nonpaved all-weather, dust-free surface.
D.
Vehicles may be stored in a stacked configuration, maximum six feet high. However, no vehicles shall be located more than 100 feet from a minimum twenty-foot-wide on-site access drive.
E.
Neither part of the subject property shall be within 150 feet of any residentially zoned land, nor shall it be within 1,000 feet of another similar facility.
F.
The applicant shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road, nor upon abutting property. If, at any time after the opening of the facility, the Township determines that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Township can require the applicant to revise and/or provide additional on-site parking and/or loading space. In addition, the Township 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 abutting and adjacent properties or directly accessing adjoining roads.
G.
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of abutting properties due to hours of operation, noise, light, litter, dust and pollution.
H.
All service and/or repair activities shall be conducted within a completely enclosed building.
I.
Any ventilation equipment outlets associated with the service/repair work area(s) shall be oriented away from any abutting property within the Residential and Suburban Residential Zoning Districts or any existing, abutting residential use.
J.
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted.
K.
The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.
L.
The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations.
M.
Any outdoor public address system and lighting shall be designed and arranged so as not to adversely affect abutting properties and adjacent roads.
§ 270-178 Proof and registration.
It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
§ 270-179 Continuation.
A.
A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners.
B.
Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this article.
C.
If an existing use, structure or lot was not lawfully established, it shall not have any right to continue as a nonconforming use, structure or lot.
§ 270-180 Expansion of or construction upon nonconformities.
The following shall apply, unless the structure is approved under § 270-179 of this chapter.
A.
Nonconforming structure.
(1)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided that:
(a)
Such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity.
(b)
Any expanded area will comply with the required setbacks in the applicable zoning district and any other requirements of this chapter.
(2)
In the case of a nonconforming structure that is used by a nonconforming use, any expansion shall also meet the requirements of this article regarding nonconforming uses.
B.
Nonconforming lots.
(1)
Permitted construction on a nonconforming lot. A single, permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:
(a)
The lot must be a lawful nonconforming lot of record.
(b)
Minimum setback requirements shall be met.
(e)
If the lot has a lot area of less than one acre, then the lot area shall not be less than 50% of the area that would otherwise be required.
(f)
The gross lot area of a nonconforming lot shall not be increased by greater than 35% beyond what existed in the nonconforming lot at the time the lot first became nonconforming.
(2)
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
C.
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(1)
An expansion of more than 10% in total building floor area shall require special exception approval from the Zoning Hearing Board under Part 12.
(2)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(3)
The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 35% beyond what existed in the nonconforming use at the time the use first became nonconforming.
(a)
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(4)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
D.
E.
Nonconforming sign. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
§ 270-181 Damaged or destroyed nonconformities.
A nonconforming structure that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if:
A.
Not more than 75% of the replacement cost or assessed value of the structure, whichever is greater, has been destroyed or damaged.
B.
The application for a building permit and/or zoning permit is submitted within 18 months after the date of damage or destruction.
C.
Work begins in earnest within 12 months afterwards and continues.
D.
No nonconformity may be created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
§ 270-182 Abandonment.
A.
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located except as provided for in § 270-181, Damaged or destroyed nonconformities, of this article.
B.
The applicant shall be responsible to provide evidence that the nonconformity was not abandoned or that all reasonable efforts for sale or lease have been exhausted.
C.
An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this chapter.
§ 270-183 Changes from one nonconforming use to another.
A.
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
B.
A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and it is not more objectionable in external effects than the previous use.
C.
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(1)
Traffic safety and generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
D.
In addition, the proposed nonconforming use shall not increase any dimensional nonconformities.
E.
The Zoning Hearing Board may attach reasonable conditions to the special exception to keep the use compatible within its surroundings.
§ 270-184 District changes.
Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under Article XVIII, Nonconformities, of this chapter.