This chapter shall be known as the "West Manheim Township Zoning
Ordinance of 2009," and the map herein referred to, which is identified
by the title "Zoning Map, West Manheim Township, York County, Pennsylvania,"
shall be known as the "Official Zoning Map of West Manheim Township."
This chapter is adopted pursuant to the authority granted by
the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805,
No. 247, as reenacted and amended (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Community development objectives. The following community development
objectives have been prepared and enacted in consideration of and
consistent with Section 606 of the MPC.[2]
(1)
Concentrate development within the designated growth area (DGA) in
order to preserve important open space, farmland and natural resources
in the Farming Zoning District;
[Amended 6-1-2023 by Ord.
No. 2-2023]
(2)
Ensure that existing and future populations are afforded a high level
of public services;
(3)
Assure that centralized water and sewer availability is afforded
to all residents within the DGA, while protecting groundwater resources
and recharge areas within the Farming Zoning District;
[Amended 6-1-2023 by Ord.
No. 2-2023]
(4)
Promote and support a transportation infrastructure that will facilitate
the movement of traffic, bicycles and pedestrians through and within
West Manheim Township;
(5)
Stimulate more investment of private funds in the rehabilitation
and reuse of existing properties and in the responsible development
of vacant land within the DGA;
(6)
Diversify employment opportunities within the Township's DGA to provide
for all types of workers;
(7)
Accommodate a reasonable rate of housing development as projected
in the West Manheim Township Comprehensive Plan in consideration with
maintaining safe and affordable housing opportunities for all age
and income groups;
(8)
Protect the special rural character of the Township while providing
appropriate areas for nonresidential growth to occur;
(9)
Limit the effect of development on adjacent property owners to maintain
the rural character of the community;
(10)
Ensure the important resources and features of the Township
are preserved and enhanced; and
(11)
Preserve prime agriculture and farmland considering topography,
soil type and classification, and present use.
This chapter shall apply throughout West Manheim Township, York
County, Pennsylvania. Any activity regulated by this chapter shall
only occur in such a way that conforms to the requirements of this
chapter.
A.
Minimum requirements.
(1)
In interpreting and applying the regulations and requirements of
this chapter, the regulations and requirements shall be held to be
the minimum requirements for the promotion of health, safety, and
the general welfare of the Township and its citizens.
(2)
Where, due to inherent ambiguity, vagueness or lack of clarity in
the language of this chapter, a reasonable doubt exists as to the
meaning of any regulation or requirement upon the use of land, said
doubt shall be resolved in favor of the property owner and against
any implied extension of a restriction.
B.
Conflicts with this chapter. Where more than one provision of this
chapter controls a particular matter, the provision that is more restrictive
shall apply. The provisions of this chapter are in addition to any
other applicable Township ordinance.
C.
Conflicts with other ordinances, statutes or regulations.
(1)
Except to the extent that those regulations of mineral extraction
by local ordinances and enactments have heretofore been superseded
and preempted by the Act of May 31, 1945 (P.L. 1198, No. 418), known
as the "Surface Mining Conservation and Reclamation Act,"[1] the Act of December 19, 1984 (P.L. 1093, No. 219), known
as the "Noncoal Surface Mining Conservation and Reclamation Act,"[2] and the Act of December 19, 1984 (P.L. 1140, No. 223),
known as the "Oil and Gas Act,"[3] and to the extent that the subsidence impacts of coal
extraction are regulated by the Act of April 27, 1966 (1st Sp. Sess.,
P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land
Conservation Act,"[4] and that regulation of activities related to commercial
agricultural production would exceed the requirements imposed under
the Act of July 6, 2005 (P.L. 112, No. 38), known as the "Nutrient
Management and Odor Management Act,"[5] regardless of whether any agricultural operation within
the area to be affected by this chapter would be a concentrated animal
operation as defined by the Nutrient Management and Odor Management
Act, the Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural
Area Security Law,"[6] or the Act of June 10, 1982 (P.L. 454, No. 133), entitled
"An Act Protecting Agricultural Operations from Nuisance Suits and
Ordinances Under Certain Circumstances,"[7] or that regulation of other activities are preempted by other federal or state laws, where a regulation or requirement of this chapter is found to conflict with a regulation or requirement of Chapter 235, Subdivision and Land Development, of the Code of the Township of West Manheim, building, fire, safety or health ordinance or code of West Manheim Township or law, rule or regulation of the Commonwealth of Pennsylvania (hereinafter the "commonwealth"), the provisions which establish the higher standard for the promotion and protection of the health and safety of the people shall prevail.[8]
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[2]
Editor's Note: See 52 P.S. § 3301 et seq.
[3]
Editor's Note: See now Title 58 of Pa.C.S.A., particularly
58 Pa.C.S.A. § 3201 et seq. (Development) and 58 Pa.C.S.A.
§ 3301 et seq. (Local Ordinances Relating to Oil and Gas
Operation).
[4]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[5]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
[6]
Editor's Note: See 3 P.S. § 901 et seq.
[7]
Editor's Note: See 3 P.S. § 951 et seq.
(2)
It is not intended by this chapter to interfere with or abrogate
or annul any permits or approvals previously issued by the Township
which are in conflict with any provisions of this chapter nor is it
intended by this chapter to interfere with or abrogate or annul any
easements, covenants, use or building restrictions or other private
agreements between parties; provided, however, that where this chapter
imposes a greater restriction the provisions of this chapter shall
control.
A.
The requirements set forth by this chapter shall apply uniformly
to each class or kind of building, structure or use of land, except
as provided for elsewhere in this chapter.
B.
No building or structure shall be erected, moved, altered, rebuilt,
or enlarged, nor shall any land or building be used, designed, or
arranged to be used or occupied for any purpose or in any manner except
in conformity with the applicable requirements and restrictions specified
in this chapter.
C.
Except for compliance with the standards set forth in § 270-232 of this chapter pertaining to variances, no yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the requirements established by this chapter.
If a use clearly is not permitted by right, as a special exception
use, or as a conditional use by this chapter within any zoning district,
the use is prohibited, except that the Zoning Hearing Board may permit
such use as a special exception use if the applicant specifically
proves to the Zoning Hearing Board that all of the following terms
would be met:
A.
The proposed use would be equal to or less intensive in external
impacts than uses that are permitted in the district;
B.
The proposed use would be closely similar in external impacts and character to uses permitted in that district, considering the standards in § 270-180, Expansion or construction upon nonconformities;
C.
The proposed use would meet the standards that apply under § 270-233 of this chapter pertaining to special exception uses; and
D.
The proposed use is not specifically prohibited in that zoning district.
Pursuant to Section 619 of the MPC,[1] requirements of this chapter shall not apply to any existing
or proposed structure, or extension thereof, used or to be used by
a public utility corporation, if, upon petition by the corporation,
the Public Utility Commission, after a public hearing, determines
that the present or proposed situation of the structure in question
is reasonably necessary for the convenience or welfare of the public.
[1]
Editor's Note: See 53 P.S. § 10619.
[Amended 10-2-2014 by Ord. No. 1-2014]
The minimum lot area, minimum lot width and minimum street frontage
requirements of this chapter shall not apply to property owned by
West Manheim Township or other municipal authority created by West
Manheim Township for uses, buildings and structures that are intended
for a public utility, stormwater facility or for a public health and
safety purpose.
A.
Neither the review nor the grant of approval of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion and sedimentation review, stormwater
runoff review, wetland delineation or wetland review, steep slope
review or any other review, grant of approval or permit of this chapter
involving any land governed by the provisions of this chapter, by
an officer, employee, consultant, board or agent of the Township,
shall constitute a representation, guarantee or warranty of any kind
by the Township or its officers, employees, consultants, boards or
agents of the practicality or safety of any structure, use, land development
or subdivision and shall create no liability upon, nor a cause of
action against the Township, the Township's Board of Supervisors,
Planning Commission, Zoning Hearing Board or other board, employee,
consultant, or agent for any damage that may result pursuant thereto.
B.
If the Zoning Officer issues a permit under this chapter in error,
the Township shall not be liable for any later lawful withdrawal of
such permit, except if the applicant meets the legal requirements
for a claim of equitable estoppel.
A.
If any article, section, subsection, requirement or other provision
of this chapter or the location of any zoning district boundary shown
on the Official Zoning Map that forms a part hereof should be decided
by a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of this chapter or the
Official Zoning Map as a whole or any part thereof other than the
part so decided to be unconstitutional or invalid.
B.
The West Manheim Township Board of Supervisors hereby declares that
it would have passed this chapter, and each article, section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that
any one or more article, section, subsection, sentence, clause or
phrase thereof be declared unconstitutional or invalid.
